Porterville City Council
July 18, 2023

City Council Agenda July 18, 2023

AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JULY 18, 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 July 18, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/81520274716?pwd=UUl6TXNjME5RVGJDWTN3Vzl0NFdZUT09 Or via Telephone: 1-669-900-6833 Webinar ID: 815 2027 4716 Passcode: 888144 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 54956.95 – Liability Claim: Claimant: Federated Insurance Company as subrogee of Ryan Pouncey. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Somboune Ballew. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Porfiria Martinez v. Sergio Frias et al., Tulare County Superior Court Case No. VCU299037.

4 - 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 plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Four (4) cases. 6 - Government Code Section 54957 - Public Employee Performance Evaluation - Title:

City Manager.

City Council Agenda July 18, 2023

7 - Government Code Section 54957 - Public Employee Performance Evaluation - Title:

City Attorney.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Greg Meister
Invocation

PRESENTATIONS
Employee Service Awards
Donna Hefner - Sierra View Medical Center

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. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - June 1, 2023

2. Library & Literacy Commission (Summer Hiatus)

3. Arts Commission

4. Animal Control Commission

5. Youth Commission (Summer Hiatus)

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports

1. Water Conservation Phase III Status Update - June 2023

2. Fire and Police Departments July 4th Statistical Report

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. Approval of Draft Minutes of April 14, 2023, June 6, 2023 and June 20, 2023 Re: Considering approval of the City Council draft Minutes of April 14, 2023, June 6, 2023, and June 20, 2023.

2. Authorization to Repair Refuse Truck Front Axle
City Council Agenda July 18, 2023

Re: Considering authorization of refuse truck repair by Golden State Peterbilt/American Truck Parts at a cost not to exceed $14,888.

3. Authorization to Advertise for Bids - North Turnout and Groundwater Recharge Basin Re: Consideration to approve staff's recommended Plans and Project Manual for the North Turnout and Groundwater Recharge Basin located just north of Westfield Avenue at the Friant-Kern Canal; and to authorize the appropriation of $842,000 in Water Replacement Funds to fully fund the project.

4. Authorization to Advertise for Bids - Fire Station 72 Classroom Remodel Re: Consideration to approve staff recommended Plans and Project Manual for the Fire Station 72 Classroom Remodel located at 500 N. Newcomb Street, Porterville, CA 93257.

5. Authorization to Distribute Request for Qualifications to Add to the Current List of On-Call Engineering Services Consultants
Re: Consideration to authorize staff to redistribute a Request for Qualifications to add to the list of qualified Engineers for on-call services.

6. Authorization to Negotiate a Consultant Contract - Self Evaluation and Transition Plan Re: Consideration to authorize staff to negotiate a scope of services contract with Sally Swanson Architects, Inc. or Bureau Veritas to compile and implement a comprehensive Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan

7. Authorization to Negotiate a Consultant Contract - Emergency Operations Center & Public Safety Headquarters
Re: Consideration to authorize staff to negotiate a scope of services contract with Darden Architects or COAR Design Group for design services for the Emergency Operations Center (EOC) & Public Safety Headquarters.

8. Acceptance of Grant Deeds for the Villa Street Reconstruction Project Re: Considering approval of draft Resolutions accepting a Grant Deed in Fee for portions of APNs 252-251-021, 252-251-023, 252-260-031, 252-260-032, 252-293-007 for street improvements associated with the Villa Street Reconstruction Project.

9. Consideration of Reallocation of Funds for Development Ordinance Update Re: Consideration to authorize the reallocation of funds from the General Fund Allocation for the Housing Element Update to the Development Ordinance Update.

10. Operation of Navigation Center Request for Proposals Re: Consideration to authorize the distribution of a Request for Proposals for the Operation of the Porterville Navigation Center.

11. State Route 190 and Westwood Street Roundabout Transportation Art Maintenance Agreement
Re: Consideration to enter into the Mighty 190 Transportation Art Maintenance Agreement and Tree/Eagle Project Specific Maintenance Agreement with the California Department of Transportation.

12. Sewer Utility Districts Annual Assessments Fiscal Year 2023-2024 Re: Consideration to adopt draft Resolutions ordering the continued sewer district assessment for the 2023-2024 tax year for Sewer Utility Districts 458, 455 A, 459 A & C, and 456 A, B & C, and E.

City Council Agenda July 18, 2023

13. Preliminary Annual Engineer's Report of Assessments for Landscape and Lighting Maintenance Districts and Setting a Public Hearing
Re: Consideration of draft Resolutions to order the preparation of and give approval to an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2023-2024 Fiscal Year; declaring the intent to levy and collect assessments; and scheduling a Public Hearing for August 1, 2023, at 6:30 P.M.

14. Engineer's Reports and Setting of a Public Hearing for Establishing Landscape and Lighting Maintenance Districts and Tax Assessments for Parcels Within The Villas At Sierra Meadows Phases One, Two and Three
Re: Consideration to approve a draft Resolution Ordering the Proceedings for Formation of Landscape and Lighting Maintenance District numbers 57, 58, and 59, and ordering the preparation of the Engineer's Reports; approve a draft Resolution giving preliminary approval to the Engineer's Reports; and approve a draft Resolution declaring intent to form districts, levy and collect assessments, and setting a Public Hearing for August 1, 2023.

15. Assignment of Airport Lease - Lot No. 40
Re: Consideration to approve the Assignment of Lease for Lot No. 40 at the Porterville Municipal Airport from Dana Gillespie and Susan Peck to Matthew A. Quatacker.

16. Approval of Community Civic Event - Porterville Kiwanis Club - Vendor Market - July 22, 2023
Re: Consideration to approve the Community Civic Event application from Porterville Kiwanis Club to hold the Vendor Market on July 22, 2023, at Veterans Park, from 10:00 AM to 7:00 PM.

17. Approval of Community Civic Event - American Conservatory - The Mecca Grand Reopening - August 5, 2023 Re: Consideration to approve the Community Civic Event application from American Conservatory to hold "The Mecca Grand Re-opening" on August 5, 2023, on Saturday, August 5, 2023, from 5:00 p.m. to 2:00 a.m.

18. Authorization of Street Closures for the National Night Out and KJUG Free Summer Concert Community Event on August 1, 2023
Re: Consideration to authorize the closure of Main Street from Morton Avenue to Putnam Avenue and adjacent side streets to the alleys from 3:00 P.M. to 10:00 P.M for the National Night Out and KJUG Free Summer Concert community event on August 1, 2023.

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

SCHEDULED MATTERS

20. Consideration of Porterville Navigation Center Expansion Re: Consideration to provide direction on the expansion of the Porterville Navigation Center located at 140 S. "C" Street, Porterville, CA 93257.

21. History of the Establishment of Sewer Districts & Parks Impact Fees Re: Council to consider the report and direction for future utility districts and any additional impact fees.

22. Adoption of Annual Appropriation Limit
City Council Agenda July 18, 2023

Re: Consideration to approve the draft Resolution adopting the appropriation limit of $93,143,853 for the 2023-2024 Fiscal Year.

23. Consideration of Sponsorship of 2023 Tule River Tribe Powwow Scheduled for Friday, September 29th - Sunday, October 1st, 2023
Re: Consideration of sponsorship of the 2023 Tule River Tribe Powwow, scheduled for Friday, September 29th through Sunday, October 1st, 2023, at the Eagle Mountain Casino Event Center (1850 West Street).

24. 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.

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

1. Tulare County Taskforce on Homelessness - June 21, 2023

2. Tulare County Association of Governments (TCAG) Women in Transportation Session - June 23, 2023

3. San Joaquin Valley Regional Early Action Planning (REAP) Committee - June 23, 2023

4. Tulare County Regional Transit Agency Board - June 23, 2023

5. TCAG/Tulare County Transportation Authority (TCTA) Board - June 26, 2023

6. Tulare County Economic Development Corporation Board - June 28, 2023

7. Local Initiatives Navigation Center Committee - July 5, 2023

8. Eastern Tule Groundwater Sustainability Agency Board - July 6, 2023

9. Tule River Improvement Joint Powers Authority (TRIJPA) Board - July 10, 2023

10. Tulare County Water Commission - July 10, 2023

11. TCAG Transit Forum Microtransit Tour - July 11, 2023

12. TCAG Transit Forum - July 12, 2023

13. CalVans Board - July 13, 2023

14. City-Tribe Memorandum of Understanding Committee - July 13, 2023

15. TCAG/TCTA Board - July 17, 2023 (CANCELLED)

16. TCRTA Board - July 17, 2023

ORAL COMMUNICATIONS

OTHER MATTERS

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

City Council Agenda July 18, 2023

ADJOURNMENT - to the meeting of August 1, 2023 at 3:00 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 – JULY 18, 2023
SUBJECT: 1. Water Conservation Phase III Status Update - June 2023 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase IV to Phase III of the City's Water Conservation Plan as of June 1, 2023. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

The Phase III plan limits outdoor watering to two days per week, with "odd" addresses allowed to water on Tuesday and Saturday and "even" addresses allowed to water on Wednesday and Sunday. Outdoor 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, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Effective June 1, 2023, the City transitioned to Phase III of its Water Conservation Plan. The Phase III plan extends outdoor watering to two days per week, with "odd" addresses allowed to water on Tuesday and Saturday and "even" addresses allowed to water on Wednesday and Sunday. Outdoor 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 on Monday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for June 2023 show that twenty-four (24) notices of violations were issued for water wasting, and no administrative citations were issued.

Water production for June 2023 reflects a two percent (2%) decrease from the 5-year average. The monthly production for June was 377 million gallons, which is a twenty percent (20%) decrease compared to June 2013 at 478 million gallons. Residential consumption for June 2023 was one hundred and forty-five (145) gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through June 2023. Porterville's cumulative total production conservation through June 2023 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through June 2023. Porterville's cumulative total GPCD conservation through June 2023 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City of Porterville Council approved maintaining a self-imposed standard of twenty-six percent (26%). 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, and 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).

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a four percent (4%) increase from June 2022 to June 2023.

California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, 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).

The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N10-21.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status June 2023

2. Monthly Production Status GPCD June 2023

3. Drought Response Phase III Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through June 2023 Production Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through June 2023 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG
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
CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: 2. Fire and Police Departments July 4th Statistical Report SOURCE: Police
COMMENT: Between July 2nd and July 4th, Porterville Fire and Police Department personnel conducted a joint operation to combat the use of illegal fireworks in the community. The following is statistical information from the operation:

Personnel responded to 104 illegal fireworks calls, during which forty-one (41) Roman candles, fourteen (14) mortars, twenty-nine (29) mortar launch tubes, eleven (11) bottle rockets, seven cakes (also known as multiple tube devices), and four M-80's were seized. This had the combined weight of illegal fireworks at fifty-eight (58) pounds. As a result, forty-one (41) Administrative Citations were issued - sixteen (16) issued in person and twenty-five (25) that were mailed. One individual was cited twice, once at the $2,500 fine and the second time at the $5,000 fine due to being observed twice, on two separate occasions on the same day. In addition, as in year's past, the Police Department drone units were deployed and were instrumental in locating the origin of some illegal fireworks.

Specifically, on July 4th between 6:00 PM and midnight, the Fire Department responded to nineteen (19) calls for service, including thirteen (13) fires that included vegetation. All of the fire calls were believed to be related to fireworks.

Fortunately, no significant property damage occurred. When compared to 2022, the call volume in 2023 doubled and there was also a forty-four percent (44%) increase in fires during that six hour time period.

RECOMMENDATION:

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Item No. 1.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Approval of Draft Minutes of April 14, 2023, June 6, 2023 and June 20, 2023 SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of April 14, 2023, June 6, 2023, and June 20, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of April 14, 2023, June 6, 2023, and June 20, 2023.

ATTACHMENTS: 1. 2023-04-14 Draft Minutes

2. 2023-06-06 Draft Minutes

3. 2023-06-20 Draft Minutes
Appropriated/Funded:

Review By:

Department Director:

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

MINUTES

SPECIAL CITY COUNCIL MEETING
CITY HALL, 291 NORTH MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 14, 2023, 11:00 A.M.

Called to Order at 11:00 A.M.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores.

The Pledge of Allegiance was led by Council Member Meister.

Invocation- a moment of silence was observed.

ORAL COMMUNICATIONS
None

SCHEDULED MATTERS

1. CONSIDERATION OF LICENSE TO USE STATE MILITARY PROPERTY Recommendation: That the City Council approve the draft License to use State Military Property between the City and the California Military Department for the use of the Porterville Army National Guard Armory as a Temporary Evacuation Point and Shelter.

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

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Vice Mayor Carrillo, that the City Council approve the draft License to use State Military Property between the City and the California Military Department for the use of the Porterville Army National Guard Armory. The motion carried unanimously.

Documentation: M.O. 01-041423
Disposition: Approved.

ADJOURNMENT
The Council adjourned at 11:55 A.M. to the meeting of April 18, 2023, at 5:30 P.M.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 6, 2023, 5:30 PM
Called to Order at 5:30 p.pm.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None
CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Dennis Thomas Crowell. Agency Claimed Against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Andres Loza. Agency Claimed Against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Fred Landucci. Agency Claimed Against: City of Porterville.
4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure To Litigation: Four (4) Cases In Which Facts Are Not Yet Known To Potential Plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) Cases.
6 - Government Code Section 54957 -- Public Employee Performance Evaluation -- Title: City Manager.
7 - Government Code Section 54957 -- Public Employee Performance Evaluation -- Title: City Attorney.
6:33 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-1, A-2, and A-3, as follows:

A-1. On a MOTION made by Councilmember Beltran, SECONDED by Councilmember Meister, the City Council unanimously rejected the claim filed by Dennis Thomas Crowell.

Documentation: M.O. 01-060623
Disposition: Claim rejected.

A-2. On a MOTION made by Councilmember Meister, SECONDED by Vice Mayor Carrillo, the City Council unanimously rejected the claim filed by Andres Loza.

Documentation: M.O. 02-060623
Disposition: Claim rejected.

A-3. On a MOTION made by Councilmember Meister, SECONDED by Vice Mayor Carrillo, the City Council unanimously rejected the claim filed by Fred Landucci.

Documentation: M.O. 03-060623
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Meister.

Invocation- A moment of silence was observed.

ORAL COMMUNICATIONS
• Taha Saleh, Porterville Chamber of Commerce, spoke of three new Board Members to the Chamber; and advised of upcoming events such as the Flag Day Ceremony and a ribbon cutting. • Brock Neeley, Porterville, requested that Item No. 4 be removed for further discussion and research.
• Jessica Mahone, Porterville, expressed opposition of Item No. 4. • Yolanda Bocanegra, Porterville, expressed her appreciation for the Council in its consideration to fund the repair of the flagpole used for the Flag Day celebration. • Marco Galina, Porterville, expressed his concerns for the small businesses in the city due to outside business coming in to Porterville.

CONSENT CALENDAR
Item Nos. 4 & 9 were removed from the Consent Calendar for further discussion.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Meister, that the City Council approve Items Nos. 1-3, 5-8, and 10-18. The motion carried unanimously.

1. CITY COUNCIL MINUTES OF NOVEMBER 14, 2022, AND MAY 16, 2023.

Recommendation: That the Council approve the draft Minutes of November 14, 2022, and May 16, 2023.

Documentation: M.O. 04-060623
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT -

CENTRIFUGE
Recommendation: That the City Council:

1. Award the purchase of one centrifuge to Fisher Scientific for an amount not to exceed $6,956, which includes taxes, shipping, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order for Fisher Scientific for an amount not to exceed $6,956, which includes taxes, shipping, 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. 05-060623
Disposition: Approved.

3. AUTHORIZATION TO REPAIR REFUSE VEHICLE ENGINE
Recommendation: That the City Council:

1. Authorize the refuse truck repair by Cummins Sales and Service at a cost not to exceed $34,330 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 06-060623
Disposition: Approved.

5. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR QUALIFICATIONS

FOR SPORTS COMPLEX BASEBALL FIELD DESIGN
Recommendation: That the City Council authorize staff to distribute a Request for Qualifications for the design of the Sports Complex Baseball Field.

Documentation: M.O. 07-060623
Disposition: Approved.

6. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS - THE VILLAS AT SIERRA MEADOWS, PHASE 2 (SMEE HOMES, INC)
Recommendation: That the City Council:

1. Accept the public improvements, including those related to the Landscape & Lighting District of Villas at Sierra Meadows, Phase 2 subdivision for maintenance;

2. Authorize the City Clerk to file the Notice of Completion; and

3. Release the payment guarantee thirty-five (35) days after recordation, provided no liens have been filed.

Documentation: M.O. 08-060623
Disposition: Approved.

7. APPROVAL OF AMENDMENT NO. 4 TO THE CONSULTANT SERVICES

AGREEMENT WITH MUNISERVICES, LLC
Recommendation: That the City Council approve Amendment No. 4 to the Consultant Services Agreement with MuniServices, LLC, adding a clause to increase the fixed fee portion of compensation annually by five percent (5%).

Documentation: M.O. 09-060623
Disposition: Approved.

8. AUTHORIZATION TO NEGOTIATE A CONSULTANT AGREEMENT -

PORTERVILLE PUBLIC LIBRARY PROJECT
Recommendation: That the City Council:

1. Authorize staff to negotiate a scope of services contract with Paul Halajian Architects; and

2. Authorize staff to negotiate a scope of service contract with Steinberg Hart if staff is unable to negotiate an acceptable contract with Paul Halajian Architects.

Documentation: M.O. 10-060623
Disposition: Approved.

10. AUTHORIZATION TO EXECUTE A CONSULTANT AGREEMENT WITH QK, INC. - PARKS MASTER PLAN
Recommendation: That the City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Parks Master Plan with QK, Inc. in the amount of $149,217;

2. Authorize the appropriation of $149,217 in federal American Rescue Plan Act (ARPA) funds to fund the project; and

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

Documentation: M.O. 11-060623
Disposition: Approved.

11. PORTERVILLE COLLEGE LANDSCAPE PHASING
Recommendation: That the City Council approve the phasing of the landscape improvements along the proposed College and Triunfo Avenue project.

Documentation: M.O. 12-060623
Disposition: Approved.

12. REQUEST FOR APPROVAL OF THE SELF-PERFORMED STREET
MAINTENANCE PROGRAM FOR FISCAL YEAR 2023-2024
Recommendation: That the City Council:

1. Approve the Fiscal Year 2023-2024 Self-Performed Street Maintenance Program; and

2. Authorize the expenditure of $2,000,000 in Fiscal Year 2023-2024 for the Self-Performed Street Maintenance Program.

Documentation: M.O. 13-060623
Disposition: Approved.

13. ASPHALT GRINDING PROGRAM FOR FISCAL YEAR 2023-2024
Recommendation: That the City Council:

1. Authorize staff to utilize annual grinding contractor J. Mack Enterprises, Inc. for Fiscal Year 2023-2024; and

2. Allow staff to substitute annual grinding contractor pending schedule conflicts as ranked by the quote for services.

Documentation: M.O. 14-060623
Disposition: Approved.

14. ANNUAL HAULING SERVICES FOR ASPHALT MAINTENANCE PROGRAM Recommendation: That the City Council:

1. Authorize staff to utilize an annual hauling services contractor, Mike Clark Trucking, for the Fiscal Year 2023-2024;

2. Allow staff to substitute annual hauling contractor pending schedule conflicts as ranked by the quote for services;

3. Allow for fund expenditures as defined by the operation of services from the Capital Improvement Project List and Self-performed Street Maintenance Overlay Program; and

4. Authorize payment of services upon satisfactory completion.

Documentation: M.O. 15-060623
Disposition: Approved.

15. STREET STRIPING PROGRAM FOR FISCAL YEAR 2023-2024
Recommendation: That the City Council:

1. Authorize staff to utilize annual striping contractor T&T Pavement Markings and Products Inc. for Fiscal Year 2023-2024;

2. Allow staff to substitute striping contractors pending schedule conflicts as

ranked by the quote for services;

3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance program; and

4. Authorize payment of services upon satisfactory completion.

Documentation: M.O. 16-060623
Disposition: Approved.

16. ANNUAL EMULSION PROGRAM FOR FISCAL YEAR 2023/2024
Recommendation: That the City Council:

1. Authorize staff to utilize emulsion distributor Cain Trucking, Inc. for the Fiscal Year 2023/2024;

2. Allow staff to substitute emulsion distributors pending schedule conflicts as ranked by the quote for services; and

3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance Program.

Documentation: M.O. 17-060623
Disposition: Approved.

17. DEPARTMENT OF FINANCE POPULATION UPDATE
Recommendation: That the City Council authorize the Mayor to sign a request for State certification for the City of Porterville, May 1, 2023, at a population of 62,588.

Documentation: M.O. 18-060623
Disposition: Approved.

18. 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. 19-060623
Disposition: Approved.

PUBLIC HEARINGS

19. PUBLIC HEARING TO CONSIDER AMENDMENTS TO SERIES 200 OF THE

PORTERVILLE DEVELOPMENT ORDINANCE

Recommendation: That the City Council:

1. Find that proposed draft Ordinance amendments serve to implement the policies, goals, and objectives of the General Plan and said amendments do not have the potential to have a significant effect on the environment; and

2. Introduces and waives the first reading of the draft Ordinance.

City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report.

Mayor Flores opened the Public Hearing at 6:54 p.m. and closed the Public Hearing at 6:54 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch that the City Council approve the draft Ordinance amending Sections 204.01 and 204.02 of the Porterville Development Code regarding the Professions Office (PO) Zone District, give first reading by title only, and order the Ordinance to print. The motion carried unanimously.

Documentation: M.O. 20-060623
Disposition: Approved.

20. CONSIDERATION OF AN ORDINANCE APPROVING A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND CANNABIS
EXPRESS, INC.

Recommendation: That the City Council:

1. Conduct a Public Hearing and consider public testimony;

2. Find the proposed project exempt from CEQA under CEQA Guidelines Section 15303; and

3. Approve the draft Ordinance; give first reading by title only, and order the Ordinance to print.

City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report.

Mayor Flores opened the Public Hearing at 7:06 P.M. and closed it at 7:07 P.M. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Mayor Flores that the City Council approve the draft Ordinance approving the development agreement between the City of Porterville and Cannabis Express, Inc. relating to the development of a retail cannabis dispensary located at 200 North Main Street in Porterville, CA; give first reading by title only, and order the Ordinance to print.

AYES: Meister, Weyhrauch, Carrillo, Flores
NOES: Beltran

ABSTAIN: None
ABSENT: None
Documentation: M.O. 21-060623
Disposition: Approved.

21. CONSIDERATION OF ANNEXATION 489 - EAST RIVER AVENUE AND

PLANO STREET
Recommendation: That the City Council:

1. Find that the proposed project is exempt from CEQA under CEQA Guidelines Section 15319; and

2. Adopt the draft Resolution requesting that Tulare County LAFCO initiate proceedings for annexation.

City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report.

Mayor Flores opened the Public Hearing at 7:24 P.M.
• Donna Shamley, Representative for Roberts Engineering, spoke in favor of the proposed annexation.

Mayor Flores closed the Public Hearing at 7:27 P.M. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Mayor Flores, that the City Council find the proposed project is exempt from CEQA under CEQA Guidelines Section 15319; and approve the draft resolution requesting that Tulare County LAFCO initiate proceedings for annexation. The motion carried unanimously.

Documentation: Resolution No. 25-2023
Disposition: Approved.

SCHEDULED MATTERS

22. BID RESULTS - VILLA STREET RECONSTRUCTION PROJECT
Recommendation: That the City Council:

1. Reject all bids, and direct the Engineering and Project Management Director to re-advertise the project;
OR

2. Award the Villa Street Reconstruction Project to Dawson-Mauldin, LLC in the amount of $10,087,972.40;

3. Authorize progress payments up to ninety-five percent (95%) of the contract amount;

4. Authorize a ten percent (10%) contingency to cover unforeseen costs;

5. Authorize an additional ten percent (10%) for construction management,

construction surveying, quality control and inspection services; and

6. Authorize an appropriation of $2,071,016.46 in Measure R Local Funds to fully fund the project.

City Manager Lollis introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Vice Mayor Carrillo, that the City Council award the Villa Street Reconstruction Project to Dawson-Mauldin, LLC, in the amount of $10,087,972.40. The motion carried unanimously.

Documentation: M.O. 22-060623
Disposition: Approved.

23. CONSIDER APPROVAL OF PAYMENT FOR PARTS AND RENTAL OF

SPECIALIZED EQUIPMENT TO REPAIR THE FLAG POLE IN THE

GROCERY OUTLET/DOLLAR TREE CENTER SHOPPING MALL
Recommendation: That the City Council:

1. Consider approval for payment of the invoice from Elevated Energy and Construction for $2,562.75 for the parts and rental of specialized equipment to repair the flag pole in the Grocery Outlet/Dollar Tree Center shopping mall; and

2. If approved, that payment be made to Elevated Energy and Construction from the City's "Special Purposes" Reserve Fund by adoption of the draft Resolution.

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 approve the payment of $2,562.75 to Elevated Energy and Construction to be paid from the City’s Special Purposes Reserve Fund.

AYES: Meister, Beltran, Flores
NOES: Weyhrauch, Carrillo
ABSTAIN: None
ABSENT: None
Documentation: Resolution No. 26-2023
Disposition: Approved.

24. CONSIDERATION OF PROPOSED FISCAL YEAR 2023-2024 BUDGET

PROCESS AND SETTING OF DATE FOR PUBLIC HEARING
Recommendation: That the City Council:

1. Consider the proposed Fiscal Year 2023-2024 Budget process, providing

direction on any modification; and

2. Schedule a Public Hearing for June 20, 2023.

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 approve scheduling of a Public Hearing for June 20, 2023.

The motion carried unanimously.

Documentation: M.O. 24-060623
Disposition: Approved.

25. 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. Approve the agreement with TopKnotch Security, Inc. to provide nightly security at the Porterville Army National Guard Armory for $18,000 per month.

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 continue the Declaration of Local Flood Emergency; and approve the agreement with TopKnotch Security, Inc. to provide nightly security at the Porterville Army National Guard Armory for $18,000 per month. The motion carried unanimously.

Documentation: M.O. 25-060623
Disposition: Approved.

The council recessed at 8:30 P.M. and reconvened the meeting at 8:40 P.M.

4. LEASE OF SIX AUTOMATED LICENSE PLATE READERS FROM FLOCK SAFETY
Recommendation: That the City Council:

1. Authorize the Police Department to enter into a two-year lease agreement with Flock Safety to install six cameras for a total cost of $39,900; and

2. Authorize staff to sign all necessary documents regarding the contract and make payments per the contract language.

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

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister, that the City Council authorize the Police Department to enter into a two-year Lease Agreement with Flock Safety to install six cameras for a total cost of $39,900.00. The motion carried unanimously.

Documentation: M.O. 26-060623
Disposition: Approved.

9. RATIFICATION OF EMERGENCY EXPENDITURE - WALK-IN COOLER -

AIRPORT RESTAURANT
Recommendation: That the City Council ratify the emergency purchase of a walk-in cooler for the Airport Restaurant in the amount of $6,800, plus any applicable sales tax and shipping costs.

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

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Meister, that the City Council approve the ratification of the emergency purchase of a walk-in cooler for the Airport Restaurant in the amount of $6,800.00. The motion carried unanimously.

Documentation: M.O. 27-060623
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Taskforce on Homelessness - May 17, 2023 Mayor Flores reported on attendance, the approval of Minutes, and discussion on Senate Bill No. 7- the Homeless Housing Act.

2. Council of Cities - May 17, 2023
Mayor Flores reported on the approval of Minutes, and discussion of alternate Transit Representative to the TCAG Board.

3. Porterville Area Development Authority (PADA) - May 19, 2023 Council Member Beltran reported approval of Minutes, an update on the treatment facility, discussion of the reimbursement for expenses and construction of the storm drainage Basin project, and the discussion regarding community project funding for local road improvements.

4. Tulare County Economic Development Corporation (TCEDC) Board – May 24, 2023 Mayor Flores reported on approval of minutes, and a report on the three most active projects currently in progress.

5. Tulare County Association of Governments (TCAG) Board Retreat - May 25, 2023

Vice Mayor Carrillo reported on the discussion of annual plans, establishing transit performance measures, and of TCAG operations & personnel.

Council Member Meister reported on discussions surrounding micro transit.

6. General Plan Ad Hoc Committee – May 30, 2023
Council Member Weyrauch thanked Assistant City Manager Jason Ridenour for putting together the 2019 Progress Report that was discussed along with the 2030 general plan.

7. Eastern Tule Groundwater Sustainability Agency (ETGSA) - June 1, 2023 Council Member Weyrauch reported the approval of Minutes, the ratification of bills paid, the ratification of the office lease agreement, and the approval of State advocacy services.

8. Cannabis Ad Hoc Committee - June 2, 2023
Council Member Beltran reported on the educational program required by the licensing agreement, and of the discussion concerning underage safety usage and vaping.

9. TCAG Board - June 5, 2023
Mayor Flores reported on the consideration to take action on the adoption of Resolution and coordination with the California Air Resource Board for the 2022 Sustainable Community strategies.

None

ORAL COMMUNICATIONS
• Council Member Beltran spoke of handing out Freedom Fest tickets at the Flag Day Ceremony last year, noting his plans to do the same this year. He then congratulated all of the 2023 graduates.
• Council Member Meister expressed his excitement regarding Flag Day. • Council Member Weyhrauch thanked city staff and families, and congratulated the 2023 graduates. He then requested that residents exercise caution for pedestrians with school being out of session.
• Vice Mayor Carrillo congratulated the 2023 graduates of Leadership Porterville, lauded the City’s participation in the Military Banner Ceremony, and voiced support for the honorees and their families.
• Mayor Flores spoke of her attendance at the Porterville Military Academy Pass & Review; and congratulated City Employees Griselda Hurtado and Bruce Sokoloff for their graduation of the Porterville Leadership Committee. • City Manager Lollis discussed various upcoming events.

OTHER MATTERS

CLOSED SESSION
None

ADJOURNMENT
The Council adjourned at 10:30 p.m. to the meeting of June 20, 2023, at 5:30 P.M.

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

MINUTES

CITY COUNCIL MEETING
CITY HALL, 291 NORTH MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 20, 2023, 5:30 PM
Called to Order at 5:30 P.M.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 - Conference with Real Property Negotiators/Property: APN: A Portion of APN 253-171-004. Negotiating Parties: City of Porterville and Sam Zenz. Under Negotiation: Terms and Price. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Dennis Thomas Crowell. Agency Claimed Against: City of Porterville.
3 - 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.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case.
5 - Government Code Section 54957 – Public Employee Performance Evaluation - Title:

City Manager.
6 - Government Code Section 54957 - Public Employee Performance Evaluation - Title: City Attorney.

City Attorney Lew reported no reportable action had taken place during Closed Session. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION

The Pledge of Allegiance was led by Council Member Beltran.

Invocation- a moment of silence was observed.

PRESENTATIONS
Employee of the Month – Ryan Smalling
CalTrans Project Presentation

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, requested that Item No. 12 be pulled from the agenda due to the Certificate of Liability Insurance not meeting city standards. • Ed McKervey, Porterville, thanked the City Council and the Porterville Police Department for cleaning up the area around Food for Less and encouraged the Council to continue to address crime in the city.
• Antonio Morales, Porterville, stated that he had not heard back from the City regarding his concerns of his property adjacent to the Tule River and is hoping for an update soon. • Erica Gonzalez, Porterville, stated her home was affected by the Storm Event in early March near the Tule River and is hoping that the City will address the issues that have occurred as a result of the Tule River becoming flooded and damaging her property. • Laura Fischer, Kings Tulare Homeless Alliance, stated that she was available for any questions regarding Item No. 19 on the Agenda.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - June 1, 2023
Commissioner Janet Uresti reported on pool water aerobics, Summer Night Light events, the Junior Giants League, the Youth Volley Ball League, Summer Day Camp, and the upcoming Freedom Fest.

2. Library & Literacy Commission - (On Summer Hiatus)

3. Arts Commission
Commissioner Dawn Bennett reported on the annual Chalk Event booth, the commission schedule and current vacancies.

4. Animal Control Commission – no report was provided.

5. Youth Commission (On Summer Hiatus)

6. Transactions And Use Tax Oversight Committee (TUTOC) - May 25, 2023 – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase Iv Status Update - May 2023

CONSENT CALENDAR
Item No. 1 was removed for further discussion at the request of Council Member Meister.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Meister, that the City Council approve Items Nos. 2-14. The motion carried unanimously

2. AUTHORIZATION TO PURCHASE WATER SHARES OR SURFACE WATER

FOR GROUNDWATER RECHARGE
Recommendation: That the City Council authorize the Public Works Director, or the City Manager's designee, to purchase water shares or surface water during the 2023-2024 Fiscal Year up to $800,000.

Documentation: M.O. 01-062023
Disposition: Approved.

3. AUTHORIZATION TO REDISTRIBUTE REQUEST FOR QUALIFICATIONS -

HAYES FIELD LIGHTING PROJECT
Recommendation: That City Council authorize staff to redistribute a Request for Qualifications for the Hayes Field Lighting Project.

Documentation: M.O. 02-062023
Disposition: Approved.

4. AUTHORIZATION TO AWARD CONTRACT - MAIN STREET

RECONSTRUCTION PROJECT
Recommendation: That the City Council:

1. Award the Main Street Reconstruction Project to Granite Construction Company in the amount of $1,625,483.50;

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

3. Authorize a ten percent (10%) contingency to cover unforeseen costs; and

4. Authorize an additional ten percent (10%) for construction management, surveying, quality control and inspection services.

Documentation: M.O. 03-062023
Disposition: Approved.

5. AWARD OF CONTRACT - FINANCIAL AUDITING SERVICES
Recommendation: That the City Council award the contract to CliftonLarsonAllen LLP to provide professional audit services for the fiscal years ending June 30, 2023 through June 30, 2025, with the option of extending the agreement for two additional one-year periods.

Documentation: M.O. 04-062023
Disposition: Approved.

6. AUTHORIZATION TO NEGOTIATE CONTRACT FOR PROFESSIONAL

SERVICES TO UPDATE THE PUBLIC HEALTH & SAFETY ELEMENT AND

PREPARATION OF AN ENVIRONMENTAL JUSTICE ELEMENT FOR THE PORTERVILLE 2030 GENERAL PLAN
Recommendation: That the City Council:

1. Authorize staff to negotiate a contract with Provost & Pritchard Consulting Group to complete the Public Health & Safety Element and prepare the Environmental Justice Element of the Porterville 2030 General Plan; and

2. Authorize the Assistant City Manager to execute the contract.

Documentation: M.O. 05-062023
Disposition: Approved

7. AUTHORIZATION TO TEMPORARILY EXTEND PARTICIPATION IN

COOPERATIVE PURCHASING PROGRAMS ON EXISTING ASPHALT

CONTRACTS
Recommendation: That the City Council authorize a temporary extension of the Fiscal Year 2022-2023 contracts for purchasing asphalt mix and materials utilizing the contracts between the County of Tulare, Jaxon Enterprises, and Delano Rock & Asphalt, pending a finalized contract for the 2023-2024 Fiscal Year.

Documentation: M.O. 06-062023
Disposition: Approved.

8. APPROVAL OF RESOLUTION AUTHORIZING THE FILING OF REGIONAL

SURFACE TRANSPORTATION PROGRAM EXCHANGE FUND CLAIM FOR
THE FISCAL YEAR 2022-2023
Recommendation: That the City Council authorize and direct the Finance Director to sign and submit the Fiscal Year 2022-2023 Regional Surface Transportation Program (RSTP) Exchange funds claim to the Tulare County Association of Governments on behalf of the City in the amount of $807,280.

Documentation: Resolution No. 27-2023
Disposition: Approved.

9. AUTHORIZATION TO ACQUIRE STORM DRAIN PIPELINE EASEMENTS

Recommendation: That the City Council:

1. Adopt the draft resolutions for the acquisition of the pipeline and temporary construction easement;

2. Accept the Easement deeds; and

3. Authorize the Mayor and City Manager to sign all necessary documents.

Documentation: Resolution No. 28-2023 and Resolution No. 29-2023 Disposition: Approved.

10. STATE SENATE BILL 1205 ANNUAL FIRE DEPARTMENT INSPECTION

REPORTING
Recommendation: That the City Council adopt the draft resolution acknowledging receipt of the Fire Chief’s annual report regarding the Porterville Fire Department's inspection of specific buildings and occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code.

Documentation: Resolution No. 30- 2023
Disposition: Approved.

11. AUTHORIZATION TO INCREASE DEPARTMENTAL CONTRIBUTIONS

TOWARDS THE CITY'S SELF-FUNDED HEALTHCARE PLAN
Recommendation: That the City Council authorize the increase in City Department contributions towards the City's self-funded healthcare plan to $1,200 per employee per month effective July 1, 2023.

Documentation: M.O. 07-062023
Disposition: Approved.

12. APPROVAL OF COMMUNITY CIVIC EVENT - IVANHOE FAMILY WORSHIP CENTER - THE WORSHIP EXPERIENCE CHURCH IN THE PARK - JULY 8, 2023
Recommendation: That the City Council approve the Community Civic Event application from Ivanhoe Family Worship Center to hold "The Worship Experience Church in the Park" on July 8, 2023 at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 08-062023
Disposition: Approved.

13. SCHEDULING OF CITY COUNCIL MEETING, KJUG FREE SUMMER

CONCERT AND NATIONAL NIGHT OUT COMMUNITY EVENT ON
AUGUST 1, 2023
Recommendation: That the City Council:

1. Authorize the KJUG Free Summer Concert and National Night Out community event;, and

2. Authorize the beginning time of the City Council meeting for 3:00 PM on August 1, 2023.

Documentation: M.O. 09-062023
Disposition: Approved.

14. 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. 10-062023
Disposition: Approved.

PUBLIC HEARINGS

15. ADOPTION OF FISCAL YEAR 2023-2024 BUDGET
Recommendation: That the City Council conduct the Public Hearing and consider for adoption the draft Resolution for the proposed 2023-2024 Fiscal Year Budget through October 1, 2023, including any modifications and for the time period as designated by Council.

Deputy City Manager Patrice Hildreth introduced the item and Finance Director Maria Bemis presented the staff report.

Mayor Flores opened the Public Hearing at 7:13 p.m.
• Brock Neeley, Porterville, lauded the city staff for all the work they do for keeping the city strong financially.

Mayor Flores closed the Public Hearing at 7:14 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Mayor Flores, that the City Council approved the adoption of the draft resolution for the proposed 2023-2024 Fiscal Year Budget through October 1, 2023. The motion carried unanimously.

Documentation: Resolution No. 31-2023

Disposition: Approved.

16. ANNUAL ADJUSTMENT OF FEES BY APPLICATION OF THE

ENGINEERING NEWS-RECORD (ENR) COST INDEX
Recommendation: That the City Council:

1. Conduct the Public Hearing and consider all public testimony; and

2. Implement the ENR Cost Index automatic increase for Fiscal Year 2023- 2024 of 3.01%.

Deputy City Manager Patrice Hildreth introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

Mayor Flores opened the Public Hearing at 7:18 p.m. and closed the Public Hearing at 7:19 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Mayor Martha A. Flores, that the City Council approve the implementation of the ENR Cost Index automatic increase for Fiscal Year 2023-2024 of 3.01%. The motion carried unanimously.

Documentation: M.O. 11-062023
Disposition: Approved.

SECOND READINGS

17. SECOND READING - ORDINANCE NO. 1901 - AMENDING SECTION 204.01 AND 204.02 OF THE PORTERVILLE DEVELOPMENT ORDINANCE

REGARDING THE PO (PROFESSIONAL OFFICE) ZONE DISTRICT
Recommendation: That the City Council give Second Reading to Ordinance No. 1901, waive further reading, and adopt said Ordinance.

Deputy City Manager Patrice Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Weyhrauch, that the City Council give Second Reading to Ordinance No. 1901, being an ORDINANCE AMENDING SECTION 204.01 AND 204.02 OF THE

PORTERVILLE DEVELOPMENT ORDINANCE REGARDING THE
PO (PROFESSIONAL OFFICE) ZONE DISTRICT, waive further
reading, and adopt said Ordinance. The motion carried unanimously.

Documentation: Ordinance No. 1901
Disposition: Approved.

18. SECOND READING - ORDINANCE NO. 1902 - APPROVING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PORTERVILLE
AND CANNABIS EXPRESS, INC., RELATING TO THE DEVELOPMENT OF A

RETAIL CANNABIS DISPENSARY
Recommendation: That the City Council give Second Reading to Ordinance No. 1902, waive further reading, and adopt said Ordinance.

Deputy City Manager Patrice Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Mayor Flores, that the City Council give Second Reading to Ordinance No. 1902, being an ORDINANCE APPROVING A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF PORTERVILLE AND CANNABIS
EXPRESS, INC., RELATING TO THE DEVELOPMENT OF A RETAIL
CANNABIS DISPENSARY located at 200 N. Main Street, Porterville, CA 93257, waive further reading, and adopt said Ordinance.

AYES: Meister, Weyhrauch, Carrillo, Flores
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: Ordinance No. 1902
Disposition: Approved.

SCHEDULED MATTERS

19. CONSIDERATION OF INTERIM OPERATIONS OF THE NAVIGATION CENTER
Recommendation: That the City Council:

1. Consider authorizing the use of American Rescue Plan Act (ARPA) funds to fund the operations of the Porterville Navigation Center for 90 days;

2. Select and award the Operator of the Porterville Navigation Center for the interim 90 days;

3. Authorize the City Attorney to draft an agreement for the interim operation of the Navigation Center; and

4. Authorize the Mayor, City Manager or designated staff to sign all necessary documents regarding the contract and process payments per the contract language.

5. Deputy City Manager Patrice Hildreth introduced the item and Assistant City Manager Jason Ridenour presented the staff report.

Mr. Ridenour noted a typographical error in one of equations provided by Elevate Community Services and presented Council and the public with the correct information.

Council opted to use the McCracken voting method to award the operator of the Porterville Navigation Center for the interim 90 days. City Attorney Lew reported out on the voting results of the McCracken method as follows:
- Council Member Weyhrauch – Kings View Behavioral Health Systems - Mayor Flores – Elevate Community Services
- Council Member Meister – Kings View Behavioral Health Systems - Council Member Beltran – Kings View Behavioral Health Systems - Vice Mayor Carrillo – Elevate Community Services
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Beltran that the City Council authorize the use of ARPA funds to fund the operations of the Porterville Navigation Center for 90 days; and award the Operator of the Porterville Navigation Center for the interim 90 days to Kings View Behavioral Health Systems.

AYES: Beltran, Meister, Weyhrauch, Carrillo
NOES: Flores
ABSTAIN: None
ABSENT: None
Documentation: M.O. 12-062023
Disposition: Approved.

Council recessed from 8:30 P.M. to 8:40 P.M.

20. CALCITIES PRIORITY STATE LEGISLATION UPDATE
Recommendation: That the City Council consider the CalCities Priority State Legislation Update presentation, and provide direction in the drafting of letters of opposition or support for individual legislative proposals as determined.

Deputy City Manager Patrice Hildreth introduced the item and presented the staff report.

After reviewing the Legislation update, Council gave direction for staff to review the list of priorities and report on which are relevant to the city, along with Council recommendations if any.

Documentation: None
Disposition: Direction given.

21. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

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.

Deputy City Manager Patrice Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Raymond Beltran, that the City Council approve the continuation of the Declaration of Local Emergency . The motion carried unanimously.

Documentation: M.O. 13-062023
Disposition: Approved.

1. AUTHORIZATION TO PURCHASE MASTER METER 4G RADIO READ

WATER METERS
Recommendation: That the City Council authorize the Public Works Director to purchase miscellaneous new and replacement Master Meter 4G radio read water meters, and meter registers from Hydro Pro Solutions during the 2023-2024 Fiscal Year at a not-to exceed amount of $100,000.

Deputy City Manager Patrice Hildreth introduced the item, and Public Works Director Michael Knight provided additional information concerning staff’s recommendation and actions and direction provided to staff by prior City Councils concerning the project.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Mayor Flores, that the City Council authorize the Public Works Director to purchase miscellaneous new and replacement Master Meter 4G radio read water meters and meter registers from Hydro Pro Solutions during the 2023-2024 Fiscal Year at a not-to exceed amount of $100,000.

AYES: Beltran, Carrillo, Flores
NOES: Meister, Weyhrauch
ABSTAIN: None
ABSENT: None

Documentation: M.O. 15-062023
Disposition: Approved.
.

AB 1234 REPORTS

1. Library Facility Planning Committee Meeting - May 18, 2023 Vice Mayor Carrillo reported on the approval of Minutes, the new library update, and a library services update.

2. Local Initiatives Navigation Center (LINC) Committee Meeting - June 7, 2023 Council Member Beltran reported on the approval of Minutes, a request for additional funding for animal services, and an update on the Welcome Center.

3. Calvans Board Meeting - June 8, 2023
Vice Mayor Carrillo provided an update on the agency's financials and audit, fleet activity, lobbyist updates, and the approval of the Budget for 2023-2024.

4. Tulare County Association of Governments (TCAG) Sustainable Corridors Committee Meeting - June 8, 2023 (Cancelled)

5. Tulare County Water Commission - June 12, 2023
Mayor Flores reported on Senate Bill 552 updates, the reorganization of Water Commission Board Members, drought and project funding updates and statistics, and legislative updates.

6. Tulare County Regional Transit Agency (TCRTA) Meeting - June 14, 2023 (Cancelled)

7. Eastern Tule Groundwater Sustainability Agency (ETGSA) Board Meeting - June 15, 2023
Council Member Weyhrauch reported on public comments made during the meeting and on the review of Tier 1 penalties.

8. Porterville Area Development Authority (PADA) Board Meeting - June 16, 2023 Council Member Beltran provided updates on the City's reimbursement of eligible expenses related to the Tertiary Treatment Wastewater Facility and Storm Drain Retention Basin, as well as updates on local road improvements and the Tule River Tribe Active Transportation Plan, located within the vicinity of the new casino.
• Brock Neeley, Porterville, cautioned the Council noting that alcohol has endangered more lives in the city than marijuana.

ORAL COMMUNICATIONS
• Council Member Beltran, spoke of the upcoming Freedom Fest Event, KJUG event, and thanked City staff for their efforts regarding the Navigation Center. • Council Member Weyhrauch, thanked the Council and staff for assisting him while being on the Council; and recognized the City staff in the many things they do for the city. • Council Member Meister elaborated on his vote on Item No. 19 and Item No. 2; spoke of his attendance at the Flag Day Ceremony; and discussed substance abuse by unhoused individuals in the city.
• Vice Mayor Carrillo expressed her admiration for the Porterville Police Department in their ability to handle various situations on a daily basis, spoke of Flag Day Ceremony, thanked Claudia

OTHER MATTERS

Calderon for her assistance as a translator for the public; and thanked Ryan Smalling as Employee of the Month.
• Mayor Flores spoke of her attendance to the Tulare-Kings Hispanic Chamber of Commerce Ambassador Luncheon and Flag Day Ceremony; thanked Vice Mayor Carrillo for attending the ribbon cutting; and spoke of a panel discussion she was invited to by the Tulare County Association of Governments.

CLOSED SESSION
None

ADJOURNMENT
The City Council adjourned at 10:00 P.M. to the meeting of July 18, 2023, at 5:30 P.M.

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

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Authorization to Repair Refuse Truck Front Axle SOURCE: Public Works
COMMENT:

Vehicle No. 6677, a 2012 Peterbilt Refuse Commercial Frontload Refuse Truck, requires significant repairs to the front steering/suspension system, which should be completed by a Peterbilt-certified repair facility.

Staff is requesting authorization to utilize Golden State Peterbilt/American Truck Parts, which is the nearest Peterbilt-certified repair facility, at an estimated cost of $14,888 (inclusive of all parts, taxes, and labor, including a 10% contingency). Vehicle repair funds will be made available in the Solid Waste Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the repair of a refuse truck by Golden State Peterbilt/American Truck Parts at a cost not to exceed $14,888 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of repair upon satisfactory completion.

ATTACHMENTS: 1. American Truck Parts Co. Repair Estimate Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

Item No. 3.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Authorization to Advertise for Bids - North Turnout and Groundwater Recharge Basin
SOURCE: Engineering and Project Management
COMMENT: City staff, through its consultant, has completed the preparation of construction plans and specifications (i.e. Project Manual) for the North Turnout and Groundwater Recharge Basin located just north of Westfield Avenue at the Friant-Kern Canal. The project includes the installation of new water pipelines, concrete structures, earthwork, and all other appurtenances as shown on the plans for the project. This project is important as it will help the City meet the requirements of the Sustainable Groundwater Management Act (SGMA) and help meet water system demands.

The Engineer's Estimate of Probable Cost is $1,410,000. An additional $141,000 is necessary for construction contingencies (10%). It is anticipated that an additional $141,000 is required for construction management, quality control, and inspection services for a total estimated project cost of $1,692,000.

This project is currently funded with Water Replacement Funds in the amount of $850,000. Additional Water Replacement Funds in the amount of $842,000 are required in order to fully fund the project.

RECOMMENDATION: That City Council:

1. Approve staff's recommended Plans and Project Manual;

2. Authorize the Finance Director to appropriate $842,000 in Water Replacement Funds to fully fund the project; and

3. Authorize staff to advertise for bids on the project.

ATTACHMENTS: 1. Engineer's Estimate

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
Item No. Item Description Quantity Unit Unit Price Amount General
1 Mobilization/Demobilization, Bonds and Insurance and Permits (5.0% of Line Items) 1 LS 51,000.00 $ 51,000 $ 2 Worker and Public Protection (2.0% of Line Items) 1 LS 20,000.00 $ 20,000 $ 3 Miscellaneous Facilities and Operations (5.0% of Line Items) 1 LS 51,000.00 $ 51,000 $ 4 SWPPP and DCP Implementation (1.0% of Line Items) 1 LS 10,000.00 $ 10,000 $ 6 Friant Kern Canal Dewatering 1 LS 20,000.00 $ 20,000 $ Subtotal 152,000 $

FKC TURNOUT STRUCTURE
7 Site Demo Remove Concrete Canal Lining 1 LS $ 12,000 12,000.00 $ 8 Structural Concrete for Turnout, Platform 76 CY $ 190,000 2,500.00 $ 9 FKC Canal lining 1 LS $ 35,000 35,000.00 $
10 F&I Metal Grating 53 SF $ 6,000 100.00 $
11 F&I Handrailing 52 LF $ 6,000 100.00 $
12 F&I Safety Ladder 1 LS $ 10,000 10,000.00 $
13 Install 48"x48" Slide Gate 1 LS $ 29,000 28,462.50 $ 14 F&I Air Vent at Turnout 1 LS $ 2,000 2,000.00 $
15 F&I Traveling Screen & Debris Conveyor 1 LS $ 105,000 105,000.00 $ 16 F&I Stop Log 1 LS $ 8,000 8,000.00 $
17 Site Electrical 1 LS $ 100,000 100,000.00 $
18 Tunout Fencing 67 LF $ 2,000 18.00 $
Subtotal 505,000 $

CONTROL BOX STRUCTURE
19 F&I 24" Canal Gate 1 LS $ 19,000 18,722.00 $
20 F&I 48" Canal Gate 1 LS $ 29,000 28,462.50 $
21 Structural Concrete for Box 37 CY $ 93,000 2,500.00 $ 22 F&I Metal Grating 144 SF $ 16,000 110.00 $
Subtotal 157,000 $
CONSTRUCT 48" RGRCP PIPELINE
23 F&I 48" RGRCP B-25 Pipe 136 LF $ 80,000 588.00 $
24 F&I 5' Meter Access Manhole (USBR Testing Station) 1 LS $ 22,000 22,000.00 $ 24 Concrete Cutoff Collar 3 CY $ 7,000 2,500.00 $
25 F&I Vault and Area-Velocity Flow Meter 1 LS $ 50,000 50,000.00 $ Subtotal 159,000 $

EARTHWORK BASIN & TURNOUT
26 FKC Turnout & Control Box Excavation 1,300 CY $ 15,000 11.00 $ 27 Basin Finish Grading (In-Place Compacted Fill) 14,800 CY 11.00 $ 163,000 $ Subtotal $ 178,000

BASIN INLET AND PIPELINE
28 F&I 24" 100 PIP PVC Pipe 63 LF $ 153.00 $ 10,000
29 Structural Concrete for Outlet 4 CY 2,500.00 $ 10,000 $ 30 Rip-Rap 22 TN 156.00 $ 4,000 $
Subtotal 24,000 $
CONSTRUCTION SUBTOTAL: 1,175,000 $
CONTINGENCY: 235,000 $
PROJECT TOTAL (INCLUDING CONSTRUCTION TOTAL & CONTINGENCY): 1,410,000 $ Notes:

1. This estimate represents the opinion of probable cost based on the engineer's experience with prior projects.

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
City of Porterville
North Turnout and Groundwater Recharge Basin
July 5, 2023
\\ppeng.com\pzdata\clients\Porterville_City_of-1016\101618003-COP North TO38D\_DOCS\Calcs and Costs\EOPCC\2023-0623 NORTH BASIN EOPCC.xlsx 1 OF 1

Item No. 4.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Authorization to Advertise for Bids - Fire Station 72 Classroom Remodel SOURCE: Engineering and Project Management
COMMENT: City staff, along with its consultant, have completed the preparation of construction plans and specifications (i.e. Project Manual) for the remodel of the existing classroom at Fire Station 72 located at 500 N. Newcomb Street.

The proposed project includes the remodeling of the existing restrooms for accessibility, the construction of independent shower stalls, and the creation of a breakroom/kitchen. The project will require the relocation of the existing data and network cabling and rack as well as the existing fire alarm. This project is an integral step to accommodate fire personnel during the future remodels of all three existing fire stations as well as to provide an opportunity for housing and services during emergencies and training.

The Engineer's Estimate of probable cost is $353,423.40. An additional $35,342 (10%) is necessary for construction contingencies. It is anticipated that an additional $35,342 is required for construction management, quality control, and inspection services (10%). The expense of relocating the existing data and network cabling and rack as well as the existing fire alarm are to be covered by direct contract through the vendors for those systems at a cost of approximately $26,000 for a total project cost of $450,107.40.

Funding for this project is available in Measure H Funds.

RECOMMENDATION: That the City Council:

1. Approve staff's recommended Plans and Project Manual; and

2. Authorize staff to advertise for bids on the project.

ATTACHMENTS: 1. Engineer's Estimate of Probable Cost

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
2050 P ARKER S TREET , SAN LUIS OBISPO , CA 93401 - 805.439.1611

ANDREW GOODWIN DESIGNS
DESIGN | ARCHITECTURE | PLANNING
REVISED: February 27, 2023
PREPARED BY: Andrew Goodwin, AIA (Andrew Goodwin Designs) 2050 Parker Street, San Luis Obispo, CA 93401
(805-439-1611)
PROJECT: Remodel of Fire Station 72 Training Room, Porterville CA BASIC MEASUREMENTS OF CONSIDERATION:

1.1 FLOOR AREA: TILED AREAS – 450 SQUARE FEET

1.2 FLOOR AREA: VINYL OR OTHER – 335 SQUARE FEET

1.3 LINEAR WALL (NEW): 125 LINEAR FEET

1.4 LINEAR WALL TILE: 175 LF

1.5 LINEAR WALL – FIRE WALL: 50 LF

1.6 LINEAR WALL – OTHER: 45 LF

1.7 CABINETS – 27 LF (UPPER AND LOWER)

1.8 GYP CEILING – 475 SF

1.9 LAY IN TILE CEILING – 215 SF

1.10 PLUMBING FIXTURES PER PLAN
ESTIMATES PER CSI SPECIFICATION SECTIONS:
024000 – DEMOLITION: $10,000 ALLOWANCE
060000 – WOOD FRAMING: $12,370.00
070000 – THERMAL: $7,700.00
081000 – DOORS: $9920.00
092900 – GYPSUM WALL: $9702.50
093000 – TILE WALL: $23,622.50
095000 – CEILINGS: $10,969.50
096000 – FLOOR: $3290.00
097000 – WALL PANELS: $1708.00
099000 – PAINT: $6317.00
100000 – ACCESSORIES/SIGN: $26,401.50
120000 – COUNTERTOP: $3375.00
120000 – CASEWORK: $8190.00
210000 – FIRE SUPPRESSION: $6320.00
220000 – PLUMBING: $77,150.00
230000 – HVAC: $28,080.00
260000 – ELECTRICAL: $18,390.00
270000 – DATA: $4560.00
280000 – FIRE SAFETY ALARM: $6160.00
321700 – PAVING: $1886.00
SUBTOTAL: $276,112.00
CONTRACTOR 10%: +$27,611.20
CONTINGENCY 10%: +$27,611.20
ESCALATION 8%: +$22,089.00
TOTAL: $353,423.40
2050 P ARKER S TREET , SAN LUIS OBISPO , CA 93401 - 805. 439 . 1611 NOTE
Note that this estimate is based on rough calculations for the region associated with Porterville, California, and should be used with the assumption that costs will vary from month to month and between contractors. This estimate is only good for 60 days before escalation or recession is expected due to recent market fluctuations.

Sincerely,
Andrew Goodwin, AIA, LEED AP
Architect, Owner
MORTON AVE. MORTON AVE.

NEWCOMB ST.

GRAND AVE. GRAND AVE.

PROSPECT ST.

PROPERTY LINE 2,613.05' - 0" PROPERTY LINE 2,613.05' - 0" PROPERTY LINE 1,243.39' - 0" SITE
Item No. 5.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Authorization to Distribute Request for Qualifications to Add to the Current List of On-Call Engineering Services Consultants
SOURCE: Engineering and Project Management
COMMENT: In a response to a Request for Qualifications (RFQ) to develop a list of on-call engineers, at its meeting on April 19, 2022, the City Council approved the selection of three firms to serve on the list for up to five years, with an initial three-year term and up to two one-year extensions. At the request of Council Member Mesiter, at its meeting on April 4, 2023, the Council considered and directed staff to prepare again the distribution of an RFQ to add to the list of qualified engineers given the tremendous volume of City capital improvement projects, including some that require highly specialized firms to participate in the design. Consistent with its direction, staff requests that the Council authorize the redistribution of an RFQ to add to the list of qualified engineers to help ensure that the list is sufficient to meet the current and upcoming project demands.

RECOMMENDATION: That the City Council authorize staff to redistribute a Request for Qualifications to add to the list of qualified Engineers for on-call services.

ATTACHMENTS: 1. Draft Request for Qualifications
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE, CALIFORNIA

REQUEST FOR QUALIFICATIONS
Engineering Consulting Services – Extension of Current On-Call List

ON CALL SERVICES
Valid through 4/19/2022 (with two possible 1-year extensions) PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
July 2023
REVIEWED BY: APPROVED BY:
______________________________ ___________________________ Daniel Cervantez Javier Sanchez, Jr.

City Engineer Eng. & Project Management Dir.

I Introduction and Objectives:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting proposals to establish a list of competent consultants to provide on-call engineering consulting services for multiple Capital Improvement Projects through task orders on an as-needed basis. The City is seeking professional on-call consultant services to assist the City in successfully completing complex Capital Improvement and Maintenance and Operations Projects.

II Examination of Proposal Documents:

By submitting a proposal, each consultant represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the objectives of CITY.

III Addenda/Clarifications:

Any CITY changes to this RFP will be made by written addendum. No verbal modification/s shall be binding.

IV Proposal Requirements:

Proposals for this project will be accepted at this office until 4:00 p.m., on Tuesday, August 22, 2023. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “On-Call Engineering Services Proposal for the City of Porterville.” Cost proposals shall not be submitted until requested by the CITY.

Proposals shall be addressed to:

Daniel Cervantez, City Engineer
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals, which do not meet the requirements of this RFP and/or any portion of the requirements of this project.

V Pre-Contractual Expenses:

Pre-contractual expenses are defined as expenses incurred by the consultant in:
1) Preparing and reproducing its proposal in response to this RFP; 2) Submitting its proposal to CITY; 3) Negotiating with CITY any matter related to this RFP and consultant's proposal; 4) Other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by consultants in the preparation of proposals. Pre-contractual expenses shall not be included in the fee proposal.

VI Exceptions/Deviations:

Any exceptions to the requirements of this RFP must be included in the consultant's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations”.

VII Consultant's Representative:

The consultant shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The consultant's representative shall remain in responsible charge for the duration of the on-call services. Should the consultant's primary representative be unable to continue with the services, the consultant's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of the on-call services.

CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of the on-call services to the satisfaction of CITY.

VIII Local Agency Representation:

Daniel Cervantez, City Engineer, shall be project manager and contact person for all communications with CITY.

Fabian Mendoza, Construction Project Manager, shall be the City’s alternate representative in this matter.

IX Insurance Requirements:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence. The successful Proposer shall maintain the insurance for the life of the Professional Services Agreement (Agreement). Said insurance shall contain a provision that coverage afforded under the policies will not be canceled unless and until thirty (30) days prior written notice has been given to the City.

Endorsements are to be received and approved by the City before work commences.

Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to the Agreement shall cease until insurance acceptable to the City is provided.

Original insurance certificates and endorsements are to be mailed or delivered to:

City of Porterville
Engineering Division
291 N Main Street
Porterville, CA 93257
X Indemnification:

The consultant shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful consultant and its sub-consultants arising out of performance of the requirements of the Contract.

XI Subcontracting:

Only those firms identified in the Contract as subcontractors or sub-consultants shall be allowed to perform work for the on-call services. Any amendments to this requirement shall be made in writing by prime consultant to CITY. CITY has the right to reject any requested amendments at any time during the course of the on-call services contract.

XII Federal, State, and Local Laws:

The consultant shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. By submitting a proposal, Consultant certifies that they will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulation applicable to contracts utilizing State and Federal Funds.

XIII PROPOSAL EVALUATION CRITERIA:

The Selection Committee will review the proposals submitted and establish a list of finalists based on the pre-established review criteria. If deemed necessary to clarify qualifications, an oral interview with one or more of the firms submitting proposals may be requested after written proposals have been received and reviewed by the City. The City will schedule the time and place for the interview, if determined to be necessary.

Each proposer should be prepared to clarify and elaborate on the details set forth in their proposal.

The individual rating and or composite rating and evaluation forms prepared by the Selection Committee will not be revealed. The Selection Committee will review the proposals based on pre-established review criteria and determine the most qualified Proposer(s).

If during the evaluation process the City is unable to assure itself of the Proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the Proposer any information that the City deems necessary to determine the Proposer’s capabilities. If such information is required, the Proposer will be notified and will be permitted seven (7) working days to submit the requested information.

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Firm(s) experience with similar on-call services;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the on-call services requirements as demonstrated by proposal thoroughness and meeting RFQ requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.

The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the third week of April 2022.

Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

The process for selection shall occur in the following sequence:
 Review proposals
 Establish a “short list” of qualified firms
 Interview “short listed” firms (at the option and discretion of the City)  Identify best qualified firm(s)
 Recommend award of Professional Services Agreement to City Council to create On-call list
Consultant selection shall be based on the information provided in the proposals received in response to the RFQ. The City intends to identify one or more consulting firms with which to enter into Professional Services Agreement for on-call services. The City reserves the right to make the selection of a Consultant(s) based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the Proposer to perform the services set forth herein. The City reserves the right to reject any or all proposals, to waive any informality in any proposal, to sit and act as sole judge of the merit of each response submitted, to select a consultant, and to award in any manner which is more favorable to the City of Porterville.

XV COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the top-ranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to re-advertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract.

Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as sub-consultants. The list of chosen on-call CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, April 19, 2022, or the City Council meeting scheduled for Tuesday, May 3, 2022. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, negotiate with any CONSULTANT on the chosen on-call list, and cancel any or all portions of this RFQ and resulting Contract. CITY also reserves the right to award individual or groups of projects to different firms at the sole discretion of CITY.

XVII COMPENSATION:

A. All items of work required for completion of the projects to result from this RFQ shall be paid for following the cost proposal formats of Caltrans’ LAPM Chapter

10. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project contract. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX PROPOSAL FORMAT AND CONTENT:

Proposals shall be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the Proposer may be cause for rejection of said proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal. Proposals shall be brief and include a concise address of the following information:

A. Firm Experience:

1. Five years of experience in municipal civil engineering. a. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities. Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Possession of current Civil Engineering License(s) in the state of California is required.

3. Knowledge of current municipal engineering practices and techniques.

4. Knowledge of methods and techniques used in the design, construction, and inspection of a variety of municipal public works projects.

5. Knowledge of California Subdivision Map Act and experience with preparing and or reviewing for Map Act conformance tentative and final subdivision and parcel maps.

6. Relevant experience working with Tulare County, Caltrans, local utility companies, and local irrigation districts is highly desirable.

7. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

Name of prime consulting firm, sub-consultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.

2. If sub-consultants are used, names of sub-consultant key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each sub-consultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. Proposal Format:

1. Proposals shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.

2. Proposals should include, but not be limited to, the following:
a. Cover letter highlighting the firm/teams relevant qualifications as the relate to this RFQ
b. Page numbering, table of Contents, and section dividers with tabs if applicable;
c. Identification of offering firms, including name, address, and telephone number of each firm;
d. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project;
e. Type of organization (individual, partnership, or corporation) and, if applicable, indicate whether you are a Small Business, Disadvantaged Business, Minority and/or Women-Owned
Business and appropriate registration numbers for applicable category;
f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response to the technical aspects requested in the “On-Call Engineering Services Consultant Qualifications and Selection Criteria”;
h. References and Referrals – Provide public agency references (ideally four should be included) for similar assignments directly involving the Principal-In-Charge, Project Manager, and Engineer of Record. Past experience should be specific to preparing construction documents (plans specifications and estimates) for typical municipal engineering and public works projects; bidding assistance, and construction support for these types of projects.

The location and reference (agency name, contact person with email address and telephone number(s) shall be included for each agency listed.
i. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE
REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES – ON CALL SERVICES The City of Porterville (hereinafter referred to as ''CITY'') is requesting proposals to potentially add to the current list of competent consultants to provide on-call engineering consulting services for multiple Capital Improvement Projects through task orders on an as-needed basis.

The list is valid through April 19, 2025, with two possible 1-year extensions.

The City has limited professional and technical staff and with a robust Capital Improvement Project (CIP) budget and continued interest in private development (residential, commercial, retail, and industrial) the City needs assistance with a variety of municipal civil engineering services.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

CONSULTANT RESPONSIBILITIES:

The City is seeking professional on-call consultant services to assist the City in successfully completing complex Capital Improvement and Maintenance and Operations Projects and reviewing and providing recommendations on private development projects.

The Consultant should expect that all aspects of project specific construction document development, survey, modeling, or other technical report preparation will be to current City standards, policies, procedures, regulations, and methods. Lacking a City standard, policy, procedure, or regulation the Consultant shall rely upon and use Caltrans Standards or industry standards/methodologies for preparation of construction documents, reports, analysis, and modeling. Standards and methodologies used shall be approved by the City prior to performing any work on the project.

Task orders may vary significantly in size and scope and will be determined in greater detail as each task order is assigned. The City will discuss the scope of services with the selected Consultant prior to issuing a task order. The Consultant will be responsible for preparing a detailed scope and fee estimate for each task order. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to reject the Consultant’s scope and fee and negotiate with another firm.

The Consultant may be required to perform field data collection necessary to complete the requirements of a specific task order. The Consultant is solely responsible for safety of its employees including any sub-consultant employees during any field operations. With the exception of surveying, work within the City’s right of way will require a no fee encroachment permit.

The Consultant shall coordinate with all utility companies during any task order that has the potential to interfere, cross, parallel (within limits of utility’s concerns), or require alteration of any utility infrastructure. This requirement shall be adhered to throughout the duration of the task order. Meetings, including field meetings with utility company representatives, should be considered necessary to insure proper coordination throughout the duration of the task order.

Consultant shall provide construction administration (reviewing submittals, responding to requests for information (RFI), assisting with review and making recommendation on contract change orders), and making field inspections of related public improvements when included with a task order.

Consultant shall provide project management to a level commensurate with the task order executed including clearly defined lines of communication between the City and the Consultant, coordination necessary for successful completion of the task order, timely invoicing for services render, and notification of tasks outside the executed task order.

The main categories of work and services to be provided will include:

1. Prepare engineering or public works reports, investigations, studies and evaluations as from time to time may be required and directed by the City Engineer. Work product would typically be expected in Microsoft Word or Excel or other appropriate Office Suite format.

2. For private development projects, review and provide written comments related to construction documents including plans and specifications for compliance with City standards, specifications, and relevant laws, rules and regulations.

3. Prepare plans, specifications, estimates and other construction documents for a variety of municipal public works projects. Provide bid assistance and construction support throughout project construction, and assist with project closeout activities as needed to comply with applicable county, state or federal funding sources reporting requirements.

4. Perform record research.

5. Determine locations of property lines, boundaries, easements and rights-of-way.

6. Establish and adjust benchmarks.

7. Establish and monument street center lines and street intersections.

8. Perform traditional topographic surveys and aerial topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features including necessary office surveying to support field work.

9. Perform all survey-related and, when required, engineering-related computations and drawings using traditional methods and/or using computer methods currently available within the City.

10. Prepare and interpret deeds and legal descriptions.

11. Develop legal descriptions and plat maps.

12. Other engineering-related tasks as necessary.

The scope of the engineering services may or may not require the use of sub-consultant services for data collection, public outreach (public relations), and other tasks as they arise and are not covered by the Consultant’s own forces. Each sub-consultant used on a specific project/task order must have written approval from the City of Porterville prior to proceeding with a task order.

The above list is not intended to be comprehensive; additional services may be identified through the preparation of a specific task order. Without penalty, the Consultant will be given the opportunity to excuse themselves from performing the task order if identified tasks are not part of the Consultant’s expertise or if the Consultant does not have sufficient available work force to complete the task order in the time frame expected.

CITY RESPONSIBILITIES:

1. Compensate the Engineering Consultant as provided in the executed contract agreement and approved task order.

2. Provide a "City Representative" who will represent the City and who will work with the Engineering Consultant in carrying out the provisions of the RFQ and assigned task order(s).

3. Prepare a project specific task order.

4. Provide available data pertinent to task order.

5. Provide the Consultant with City documents including policies, procedures, regulations and standards pertinent to the task order.

6. Provide topographical survey data in AutoCAD format for the Consultant’s use or request the Consultant to include necessary survey as part of the Consultant’s task order.

7. Provide geotechnical information as part of a separate agreement or request the Consultant to include necessary geotechnical investigations as part of the Consultant’s task order.

8. Attend meetings with Consultant; conduct meeting where appropriate.

9. Provide a list of stakeholders, utility company representatives, and other agency personnel involved with a specific task order.

10. Examine documents submitted to the City by the Engineering Consultant and timely render decisions pertaining thereto.

11. Give reasonably prompt consideration to all matters submitted by Engineering Consultant for approval to the end that there will be no substantial delays in the Consultant’s program of work.

12. Provide necessary environmental processing (including CEQA and NEPA), Storm Water Pollution Prevention Plan (SWPPP), Dust Control Plan (DCP), and Indirect Source Review (ISR) based on tasks identified in task order or request the Consultant to include necessary environmental reviews, SWPPP, DCP, and/or ISR as part of the Consultant’s task order.

MEETINGS:

After full execution of a task order, the selected Consultant(s) shall meet with the City Engineer or the City Project Manager and other City staff as needed to obtain project specific requirements for all reviews and preparation of plans, specifications, other construction documents, studies, analyses, surveys, modeling, and other technical reports.

The Consultant shall hold additional meetings as necessary with stakeholders (including other permitting agencies) and various City Departments as the project progress to insure other agency/stakeholder and City Department requirements are understood and addressed in any reports or analysis submitted to the City for review and approval.

The Consultant will be expected to meet with various City Staff, the Board of Public Utilities, and other stakeholders from time to time to provide recommendations and provide updates on the status of the project.

DELIVERABLES:

All public improvement design work performed by the Consultant shall meet current City Design Standards and Technical Specifications at the time a task order is executed. The Consultant should expect to submit construction documents at a preliminary stage, then 60%, 90%, and 100% complete stages. Exact tasks, deliverables, and schedules will be identified in a task order. The Consultant should expect to use a City provided Request For Bid (RFB) Word template containing General and Special Provisions as a starting point for preparing the construction ready RFB.

If a specific task order is time sensitive, the City will provide the expected timeframe before assigning the task order. The Consultant, at no risk to assignment of future task orders, shall notify the City if the services cannot be provided that meet or exceed the specified timeframe.

Consultants that accept time sensitive task orders and fail to meet the required schedule may be passed over for future assignments. The City will consider delays outside the Consultant’s control when a schedule is not met.

The Consultant shall provide a working schedule indicating major milestones to complete the work identified in the task order once the scope and approach have been agreed to by the City and Consultant. The Consultant should expect a draft, a final draft, and final signed submittal for reports and analyses prepared by the Consultant. The Consultant’s schedule shall include the various submittals expected for each task order and provide sufficient time for the City to review and make comments.

SCHEDULE:

The proposal phase schedule is as follows:

City releases RFP for On-Call Engineering & Surveying Services…………..July 22, 2023 Consultant Proposal Due..………….…………………………………………..………August 22, 2023 Consultant interviews (if deemed necessary)……….…..…3rd week of September 2023 City Council awards contract…………..………………………………..(tentative) October 2023 Estimated start of On Call Services Contract………………......………Upon Council Award

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name:

Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described:.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed _____________ Dollars ($ ))..

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all “work directives” shall be completed by (date). In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

injuries to third parties, including employees of CITY and CONSULTANT. (v) To the fullest extent permitted by law, and subject to California Civil Code Sec 2782.8, CONSULTANT agrees to indemnify, including cost to defend, City, its elected and appointed officers and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of the City unless caused at least in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, if one or more defendant/s is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs and reallocate as allowed by law or stature. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 10. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

Service Agreement

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By
Date Date

Item No. 6.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Authorization to Negotiate a Consultant Contract - Self Evaluation and Transition Plan
SOURCE: Engineering and Project Management
COMMENT: At its meeting on March 21, 2023, the City Council authorized the distribution of a Request of Qualifications (RFQ) for qualified consultants/firms to compile and implement a comprehensive Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan. On May 10, 2023, staff received a total of six Statements of Qualifications (SOQs) for the City's Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan. Staff reviewed and rated the SOQs from each of the firms 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 consultants/firms and their respective SOQ scores are as follows:

Sally Swanson Architects, Inc.

San Francisco, CA

94.3 Bureau Veritas
Sacramento, CA

86.0 SZS Engineering Access, Inc.

Sacramento, CA

82.3 Arcor Inc.

San Diego, CA

78.0 Partner Engineering and Science, Inc.

Irvine, CA

76.0 BlueDAG
Rancho Cordova, CA

70.0 Staff is pleased with the qualifications of the listed consultants/firms and their interests in the project and recommends negotiating a contract with the topranked firm. Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a scope of services contract with Sally Swanson Architects, Inc.; and
Item No. 6.

2. Authorize staff to negotiate a scope of services contract with Bureau Veritas if staff is unable to negotiate an acceptable contract with Sally Swanson Architects, Inc.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Item No. 7.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Authorization to Negotiate a Consultant Contract - Emergency Operations Center & Public Safety Headquarters
SOURCE: Engineering and Project Management
COMMENT: At its meeting on May 16, 2023, the City Council authorized the distribution of a Request for Qualifications (RFQ) for design services for the Emergency Operations Center (EOC) & Public Safety Headquarters. On June 21, 2023, staff received five Statements of Qualifications (SOQs) for the design of the EOC & Public Safety Headquarters. Staff reviewed and rated the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" to narrow down the firms that would move on to the interview portion of the selection process. Of the five firms that submitted SOQs, three were invited to move to the interview process.

Consultant interviews were conducted on July 10, 2023, and the firms were ranked based on a combination of the presentations given and the answers provided to a standard set of questions regarding the project. The results of the interviews are as follows (65 total points possible):
1) Darden Architects
Fresno, CA
54 pts
2) COAR Design Group
Santa Rosa, CA
53 pts
3) PBK
San Luis Obispo, CA

45.3 pts
Staff is pleased with the qualifications of the listed consultants and their interest in the project and recommends negotiating a contract with the top-ranked firm.

Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That the City Council:
1) Authorize staff to negotiate a scope of services contract with Darden Architects; and
2) Authorize staff to negotiate a scope of services contract with COAR Design Group if staff is unable to negotiate an acceptable contract with Darden Architects.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Item No. 7.

Review By:

Department Director:

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

PROPOSED SITE

PORTERVILLE CITY HALL

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROPOSED EOC PROJECT

E MORTON AVE

W HARRISON AVE

E THURMAN AVE

W CLEVELAND AVE

E OLIVE AVE

N MAIN ST

N HOCKETT ST
Item No. 8.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Acceptance of Grant Deeds for the Villa Street Reconstruction Project SOURCE: Community Development
COMMENT: The Villa Street Reconstruction Project consists of the reconstruction of Villa Street between Olive and Henderson Avenues. The project, which will widen Villa Street to the standard sixty (60) foot width of right of way, includes upgrading of signal equipment, replacement of the bridge over the Porter Slough and installation of a box culvert and pipe culvert extension at the Porter Slough. Implementation of the project requires the acquisition of right of way from the following properties:

APN Owner Area of
Acquisition
Amount
252-251-021
252-251-023
Hasnain 3 SF
104 SF
$45
$1,055
252-260-031 Semple 191 SF $5,400
252-260-032 Putnam 590 LLC 3 SF $500
252-293-007* Zajicek 6 SF $500
The City's right of way acquisition consultant has negotiated the acquisition of the properties identified above in the accepted amounts also listed above, with the exception of APN 252-293-007, which is still pending. The terms of the purchases are outlined in the Purchase Agreements, which are provided herein, as are the draft Resolutions.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolutions accepting the Grant Deeds for portions of APNs 252-251-021, 252-251-023, 252-260-
031, 252-260-032, and 252-293-007;

2. Authorize the Mayor and City Manager to sign all
necessary documents;

3. Authorize staff to make payment to property owners after the close of escrow; and

4. Authorize staff to record all documents with the County Recorder.

Item No. 8.

ATTACHMENTS: 1. Draft Resolution - APN 252-251-021

2. Draft Resolution - APN 252-251-023

3. Purchase Agreement - APN 252-251-021 and -023

4. Draft Resolution - APN 252-260-032

5. Purchase Agreement - APN 252-260-032

6. Draft Resolution - APN 252-260-031

7. Purchase Agreement - APN 252-260-031

8. Draft Resolution - APN 252-293-007

9. Purchase Agreement - APN 252-293-007

10. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY

FROM GRANTOR FOR STREET IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed in fee for street improvements from Abbas Hasnain, a married man as his sole and separate property, (“Grantor”), for real property in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibits "A" and "B" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of $45 is hereby approved, to authorize the Mayor to sign all necessary documents, pay the Grantor the purchase price and said Deed is to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:_________________________________
Patrice Hildreth, Chief Deputy City Clerk

EXHIBIT A

LEGAL DESCRIPTION

RIGHT-OF-WAY
A portion of Lot 2 of the Williams and Premo Villa Tract as per map recorded in Book 7 of Maps, at Page 64, of Official Records, being situated in the Southwest quarter of Section 26, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, and being described as follows:

Commencing at the Southwest corner of said Lot 2;
Thence North 0° 37’ 33” East, along the West line of said Lot 2, a distance of 105.64 feet to the True Point of Beginning;
Thence continuing North 0° 37’ 33” East, 2.56 feet;
Thence South 43° 52’ 51” East, 3.81 feet;
Thence North 85° 56’ 46” West, 2.68 feet to the True Point of Beginning.

Containing approximately 3sf
(Portion of Tulare County APN 252-251-021)

EXHIBIT B
RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY

FROM GRANTOR FOR STREET IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed in fee for street improvements from Abbas Syed Hasnain, MD, a married man as his sole and separate property, (“Grantor”), for real property in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibits "A" and "B" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of $1,055 is hereby approved, to authorize the Mayor to sign all necessary documents, pay the Grantor the purchase price and said Deed is to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:_________________________________
Patrice Hildreth, Chief Deputy City Clerk

EXHIBIT A

LEGAL DESCRIPTION

RIGHT-OF-WAY
A portion of Lot 2 of the Williams and Premo Villa Tract as per map recorded in Book 7 of Maps, at Page 64, of Official Records, being situated in the Southwest quarter of Section 26, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, and being described as follows:

Commencing at the Southwest corner of said Lot 2;
Thence North 0° 37’ 33” East, along the West line of said Lot 2, a distance of 79.99 feet to the True Point of Beginning;
Thence continuing North 0° 37’ 33” East, 25.65 feet;
Thence South 85° 56’ 46” East, 2.68 feet;
Thence South 43° 52’ 51” East, 2.64 feet;
Thence South 0° 31’ 54” West, 18.95 feet;
Thence South 45° 00’ 00” West, 6.51 feet to the True Point of Beginning.

Containing approximately 104sf
(Portion of Tulare County APN 252-251-023)

EXHIBIT B
________________________________________________________________________________________________________ APN: 252-251-021 and -023 City of Porterville/Villa Street Reconstruction/Hasnain/Right of Way Agreement 1 of 5
ASSESSOR PARCEL NO.: 252-251-021 and 252-251-023
PROJECT: Villa Street Reconstruction Project
OWNER: Abbas Hasnain aka Abbas Syed Hasnian, MD

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Abbas Hasnain also known as Abbas Syed Hasnian, MD, a married man as his sole and separate property (hereinafter called “Grantor”), and
The City of Porterville, a California municipal corporation (hereinafter called “City”).

Instruments the form of Grant Deeds (“Deeds”) covering the property particularly described therein (“Property”), has been executed concurrently with this Agreement and delivered to City representatives.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of ONE THOUSAND ONE HUNDRED DOLLARS ($1,100) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to the Property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.

B. RECORDATION OF INSTRUMENT - Accept the Deeds and cause the same to be recorded in the office of the Tulare County Recorder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Paragraph 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in DocuSign Envelope ID: 835FC4D7-4CBA-4D51-95BA-6E04D6F67847 ________________________________________________________________________________________________________ APN: 252-251-021 and -023 City of Porterville/Villa Street Reconstruction/Hasnain/Right of Way Agreement 2 of 5
which the Deeds record, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien as of the date of recordation of the Grant Deeds.

E. CONSTRUCTION AND RESTORATION – Shall, upon completion of construction, generally restore Grantor’s remaining real property to a comparable or better condition than that which existed prior to City’s project construction, to the extent reasonably. Bushes along the fence line of -023 shall be removed at City expense and compensated as a cost to cure as part of the total compensation as defined in paragraph 2A.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.

3. The Grantor:

A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. Grantor shall cooperate with the Escrow Officer in obtaining lien clearance documents from any and all creditors holding liens against the Property.

B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Property, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Grantor.

C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter the Property prior to the close of escrow for the purposes of preparation for the construction of the City’s facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Deeds.

D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Grantor’s obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property, holding all ownership and possessory rights, and are the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.

E. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor’s knowledge, and after reasonable inquiry, the following:

DocuSign Envelope ID: 835FC4D7-4CBA-4D51-95BA-6E04D6F67847 ________________________________________________________________________________________________________ APN: 252-251-021 and -023 City of Porterville/Villa Street Reconstruction/Hasnain/Right of Way Agreement 3 of 5
During Grantor’s ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor’s remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor’s remaining adjacent property, which may have occurred prior to Grantor’s ownership.

There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on or within the Property or Grantor’s remaining adjacent property.

Grantor has not used the Property, or Grantor’s remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such property. Grantor has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor’s remaining adjacent property. Grantors are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

4. The Parties agree:

A. ESCROW - At City’s option, to open an escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deeds by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City’s acquisition.

DocuSign Envelope ID: 835FC4D7-4CBA-4D51-95BA-6E04D6F67847 ________________________________________________________________________________________________________ APN: 252-251-021 and -023 City of Porterville/Villa Street Reconstruction/Hasnain/Right of Way Agreement 4 of 5
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deeds when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deeds from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $1,100 issued by First American Title Company showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way;
3) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

DocuSign Envelope ID: 835FC4D7-4CBA-4D51-95BA-6E04D6F67847 ________________________________________________________________________________________________________ APN: 252-251-021 and -023 City of Porterville/Villa Street Reconstruction/Hasnain/Right of Way Agreement 5 of 5
E. COUNCIL/BOARD APPROVAL - This Agreement is subject to and conditioned upon approval by the City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.

G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as fully binding and as full force and effect the same as if they bore original signatures. Documents for recordation by the Clerk Recorder must contain original signatures.

No Obligation Other Than Those Set Forth Herein Will Be Recognized.

GRANTOR:

Abbas Hasnain also known as Abbas Syed Hasnian, MD, a married man as his sole and separate property
____________________________________ Date: ____________________________ Abbas Hasnain
____________________________________ Date: ____________________________ Abbas Syed Hasnain, MD
GRANTOR’S MAILING ADDRESS:

Abbas Hasnain
22312 W. Thurman Avenue
Porterville, CA 93257

CITY OF PORTERVILLE
By: ________________________________ Date: ____________________________ Martha A. Flores, Mayor
MAILING ADDRESS OF CITY:

City of Porterville
291 N. Main Street
Porterville, CA 93257
DocuSign Envelope ID: 835FC4D7-4CBA-4D51-95BA-6E04D6F67847 5/3/2023
5/3/2023
RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY

FROM GRANTOR FOR STREET IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed in fee for street improvements from Putnam 590, LLC (“Grantor”), for real property in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibits "A" and "B" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of $500 is hereby approved, to authorize the Mayor to sign all necessary documents, pay the Grantor the purchase price and said Deed is to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:_________________________________
Patrice Hildreth, Chief Deputy City Clerk

EXHIBIT A

LEGAL DESCRIPTION

FEE ACQUISITION AREA
A portion of that public road vacated by Resolution recorded February 27, 2015 as Instrument No. 2015- 0009832 of Official Records, being a portion of Lot 11 of the Williams and Premo Villa Tract in the Southwest quarter of Section 26, Township 21 South, Range 27 East, Mount diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, and being described as follows:

Commencing at the Southwest corner of the North 150.00 feet of said Lot 11:

Thence South 82° 27' 17" East, along the South line of said North 150.00 feet, a distance of 10.07 feet to an angle point in the existing East right-of-way line of Villa Street; Thence South 0° 37' 52" West, along said existing East right-of-way line, 5.60 feet to the True Point of Beginning; Thence North 89° 46' 18" East, 0.09 feet;
Thence South 0° 21' 59" East, 14.05 feet;
Thence South 88° 59' 07" West, 0.34 feet more or less to said existing right-of-way line; Thence North 0° 37' 52" East, along said existing East right-of-way line, 14.06 feet to the True Point of Beginning.

Containing approximately 3sf
(Portion of Tulare County APN 252-260-032)

EXHIBIT B
________________________________________________________________________________________________________ APN: 252-260-032 City of Porterville/Villa Street Reconstruction/Putnam 590/Right of Way Agreement 1 of 5
ASSESSOR PARCEL NO.: 252-260-032
PROJECT: Villa Street Reconstruction Project
OWNER: Putnam 590, LLC

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Putnam 590, LLC, a California limited liability company (hereinafter called “Grantor”), and
The City of Porterville, a California municipal corporation (hereinafter called “City”).

An instrument in the form of a Grant Deed (“Deed”) covering the property particularly described therein (“Property”), has been executed concurrently with this Agreement and delivered to City representatives.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of FIVE HUNDRED DOLLARS ($500) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to the Property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.

B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Tulare County Recorder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Paragraph 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in DocuSign Envelope ID: C7E9D0EA-0353-4CA6-9964-E3E230D165BF ________________________________________________________________________________________________________ APN: 252-260-032 City of Porterville/Villa Street Reconstruction/Putnam 590/Right of Way Agreement 2 of 5
which the Deed records, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien as of the date of recordation of the Grant Deed.

E. CONSTRUCTION AND RESTORATION – Shall, upon completion of construction, generally restore Grantor’s remaining real property to a comparable or better condition than that which existed prior to City’s project construction, to the extent reasonably.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.

3. The Grantor:

A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. Grantor shall cooperate with the Escrow Officer in obtaining lien clearance documents from any and all creditors holding liens against the Property.

B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Property, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Grantor.

C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter the Property prior to the close of escrow for the purposes of preparation for the construction of the City’s facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Deed.

D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Grantor’s obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property, holding all ownership and possessory rights, and are the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.

E. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor’s knowledge, and after reasonable inquiry, the following:

During Grantor’s ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor’s DocuSign Envelope ID: C7E9D0EA-0353-4CA6-9964-E3E230D165BF ________________________________________________________________________________________________________ APN: 252-260-032 City of Porterville/Villa Street Reconstruction/Putnam 590/Right of Way Agreement 3 of 5
remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor’s remaining adjacent property, which may have occurred prior to Grantor’s ownership.

There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on or within the Property or Grantor’s remaining adjacent property.

Grantor has not used the Property, or Grantor’s remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such property. Grantor has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor’s remaining adjacent property. Grantors are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

4. The Parties agree:

A. ESCROW - At City’s option, to open an escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City’s acquisition.

DocuSign Envelope ID: C7E9D0EA-0353-4CA6-9964-E3E230D165BF ________________________________________________________________________________________________________ APN: 252-260-032 City of Porterville/Villa Street Reconstruction/Putnam 590/Right of Way Agreement 4 of 5
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $500 issued by First American Title Company showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way;
3) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

DocuSign Envelope ID: C7E9D0EA-0353-4CA6-9964-E3E230D165BF ________________________________________________________________________________________________________ APN: 252-260-032 City of Porterville/Villa Street Reconstruction/Putnam 590/Right of Way Agreement 5 of 5
E. COUNCIL/BOARD APPROVAL - This Agreement is subject to and conditioned upon approval by the City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.

G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as fully binding and as full force and effect the same as if they bore original signatures. Documents for recordation by the Clerk Recorder must contain original signatures.

No Obligation Other Than Those Set Forth Herein Will Be Recognized.

GRANTOR:

Putnam 590, LLC, a California limited liability company By: ________________________________ Date: ____________________________ John Angell
Managing Member
By: ________________________________ Date: ____________________________ Jaisimaran Sidhu
Managing Member
The Sidhu Living Trust Dated June 18, 1999
By: ________________________________ Date: ____________________________ Simarjit Sidhu, Trustee
GRANTOR’S MAILING ADDRESS:

Putnam 590, LLC
590 W. Putnam Avenue, Suite 1
Porterville, CA 93257

CITY OF PORTERVILLE
By: ________________________________ Date: ____________________________ Martha A. Flores, Mayor
MAILING ADDRESS OF CITY:
291 N. Main Street, Porterville, CA 93257
DocuSign Envelope ID: C7E9D0EA-0353-4CA6-9964-E3E230D165BF 5/23/2023
5/23/2023
5/23/2023
RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY

FROM GRANTOR FOR STREET IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed in fee for street improvements from Gayle I. Semple, Trustee of The Gayle Semple Trust dated 4/15/2019 (“Grantor”), for real property in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibits "A" and "B" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of $5,400 is hereby approved, to authorize the Mayor to sign all necessary documents, pay the Grantor the purchase price and said Deed is to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:_________________________________
Patrice Hildreth, Chief Deputy City Clerk

EXHIBIT A

LEGAL DESCRIPTION

FEE ACQUISITION AREA
A portion of the parcel of land described as the South 25.00 feet of the North 150.00 feet of Lot 11 of the Williams and Premo Villa Tract as per map recorded in Book 7 of Maps, at Page 64, of Official Records, being situated in the Southwest quarter of Section 26, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, and being described as follows:

Beginning at the Northwest corner of the South 25.00 feet of the North 150.00 feet of said Lot 11; Thence South 82° 27' 17" East, along the North line of said parcel, 4. 75 feet; Thence South 0° 45' 45" West, 5.71 feet;
Thence South 89° 44' 01" East, 0.50 feet;
Thence South 0° 13' 48" East, 6.46 feet;
Thence North 89° 46' 12" East, 4.46 feet;
Thence South 0° 21' 42" East, 13.73 feet more or less, to the South line of said parcel; Thence North 82° 27' 17" West, along last said South line, 10.07 feet to the Southwest corner of said parcel;
Thence North 0° 37' 52" East, along the West line of said parcel, 25.18 feet more or less to the Point of Beginning.

Containing approximately 191sf
(Portion of Tulare County APN 252-260-031)

EXHIBIT B
________________________________________________________________________________________________________ APN: 252-260-031 City of Porterville/Villa Street Reconstruction/Semple/Right of Way Agreement 1 of 5
ASSESSOR PARCEL NO.: 252-260-031
PROJECT: Villa Street Reconstruction Project
OWNER: Semple Trust

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
James William Putnam, Successor Trustee of The Gayle Semple Trust dated 4/15/2019 (hereinafter called “Grantor”), and
The City of Porterville, a California municipal corporation (hereinafter called “City”).

An instrument in the form of a Grant Deed (“Deed”) covering the property particularly described therein (“Property”), will be subsequently executed and delivered to City representatives.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of FIVE THOUSAND FOUR HUNDRED DOLLARS ($5,400) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to the Property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.

B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Tulare County Recorder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Paragraph 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in DocuSign Envelope ID: 0F50196C-9BFE-4B4C-8615-F7AFEB8F66FC ________________________________________________________________________________________________________ APN: 252-260-031 City of Porterville/Villa Street Reconstruction/Semple/Right of Way Agreement 2 of 5
which the Deed records, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien as of the date of recordation of the Grant Deed.

E. CONSTRUCTION AND RESTORATION – Shall, upon completion of construction, generally restore Grantor’s remaining real property to a comparable or better condition than that which existed prior to City’s project construction, to the extent reasonably.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.

3. The Grantor:

A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. Grantor shall cooperate with the Escrow Officer in obtaining lien clearance documents from any and all creditors holding liens against the Property.

B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Property, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Grantor.

C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter the Property prior to the close of escrow for the purposes of preparation for the construction of the City’s facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Deed.

D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Grantor’s obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property, holding all ownership and possessory rights, and are the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.

E. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor’s knowledge, and after reasonable inquiry, the following:

During Grantor’s ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor’s DocuSign Envelope ID: 0F50196C-9BFE-4B4C-8615-F7AFEB8F66FC ________________________________________________________________________________________________________ APN: 252-260-031 City of Porterville/Villa Street Reconstruction/Semple/Right of Way Agreement 3 of 5
remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor’s remaining adjacent property, which may have occurred prior to Grantor’s ownership.

There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on or within the Property or Grantor’s remaining adjacent property.

Grantor has not used the Property, or Grantor’s remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such property. Grantor has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor’s remaining adjacent property. Grantors are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

4. The Parties agree:

A. ESCROW - At City’s option, to open an escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City’s acquisition.

DocuSign Envelope ID: 0F50196C-9BFE-4B4C-8615-F7AFEB8F66FC ________________________________________________________________________________________________________ APN: 252-260-031 City of Porterville/Villa Street Reconstruction/Semple/Right of Way Agreement 4 of 5
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $5,400 issued by First American Title Company showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way;
3) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

DocuSign Envelope ID: 0F50196C-9BFE-4B4C-8615-F7AFEB8F66FC ________________________________________________________________________________________________________ APN: 252-260-031 City of Porterville/Villa Street Reconstruction/Semple/Right of Way Agreement 5 of 5
E. COUNCIL/BOARD APPROVAL - This Agreement is subject to and conditioned upon approval by the City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.

G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as fully binding and as full force and effect the same as if they bore original signatures. Documents for recordation by the Clerk Recorder must contain original signatures.

No Obligation Other Than Those Set Forth Herein Will Be Recognized.

GRANTOR:

The Gayle Semple Trust dated 4/15/2019
By: ________________________________ Date: ____________________________ James William Putnam, Successor Trustee
GRANTOR’S MAILING ADDRESS:

James William Putnam
25085 Avenue 82
Terra Bella, CA 93270

CITY OF PORTERVILLE
By: ________________________________ Date: ____________________________ Martha A. Flores, Mayor
MAILING ADDRESS OF CITY:

City of Porterville
291 N. Main Street
Porterville, CA 93257
DocuSign Envelope ID: 0F50196C-9BFE-4B4C-8615-F7AFEB8F66FC 5/16/2023
RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY

FROM GRANTOR FOR STREET IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed in fee for street improvements from Patricia A. Alexander, Trustee of the Margaret M. Zajicek Separate Property Trust Established under The James and Margaret Zajicek Family Trust (“Grantor”), for real property in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibits "A" and "B" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of $500 is hereby approved, to authorize the Mayor to sign all necessary documents, pay the Grantor the purchase price and said Deed is to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:_________________________________
Patrice Hildreth, Chief Deputy City Clerk

EXHIBIT A

LEGAL DESCRIPTION

FEE ACQUISITION AREA
A portion of the North half, of the South half, of the North half, of Lot 22 of the Williams and Premo Villa Tract as per map recorded in Book 7 of Maps, at Page 64, of Official Records, being situated in the Southwest quarter of Section 26, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, and being described as follows:

Beginning at the Northeast corner of the North half, of the South half, of the North half of said Lot 22; Thence South 0° 38' 29" West, along the existing West right-of-way line of Villa Street,

3.44 feet; Thence North 44 ° 15' 22" West, 3.80 feet;
Thence North 0° 32' 03" East, 0. 73 feet more or less, to the West right-of-way of Villa Street; Thence South 89° 43' 50" East, 2.68 feet to the Point of Beginning.

Containing approximately 6sf
(Portion of Tulare County APN 252-239-007)

EXHIBIT B
________________________________________________________________________________________________________ APN: 252-293-007 City of Porterville/Villa Street Reconstruction/Zajicek/Right of Way Agreement 1 of 5
ASSESSOR PARCEL NO.: 252-293-007
PROJECT: Villa Street Reconstruction Project
OWNER: Zajicek Trust

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Patricia A. Alexander, Trustee of The Margaret M. Zajicek Separate Property Trust Established under The James and Margaret Zajicek Family Trust (hereinafter called “Grantor”), and
The City of Porterville, a California municipal corporation (hereinafter called “City”).

An instrument in the form of a Grant Deed (“Deed”) covering the property particularly described therein (“Property”), has been executed concurrently with this Agreement and delivered to City representatives.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of FIVE HUNDRED DOLLARS ($500) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to the Property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.

B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Tulare County Recorder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Paragraph 2.A. above any amount ________________________________________________________________________________________________________ APN: 252-293-007 City of Porterville/Villa Street Reconstruction/Zajicek/Right of Way Agreement 2 of 5
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which the Deed records, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien as of the date of recordation of the Grant Deed.

E. CONSTRUCTION AND RESTORATION – Shall, upon completion of construction, generally restore Grantor’s remaining real property to a comparable or better condition than that which existed prior to City’s project construction, to the extent reasonably.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.

3. The Grantor:

A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. Grantor shall cooperate with the Escrow Officer in obtaining lien clearance documents from any and all creditors holding liens against the Property.

B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Property, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Grantor.

C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter the Property prior to the close of escrow for the purposes of preparation for the construction of the City’s facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Deed.

D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Grantor’s obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property, holding all ownership and possessory rights, and are the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.

E. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor’s knowledge, and after reasonable inquiry, the following:
________________________________________________________________________________________________________ APN: 252-293-007 City of Porterville/Villa Street Reconstruction/Zajicek/Right of Way Agreement 3 of 5
During Grantor’s ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor’s remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor’s remaining adjacent property, which may have occurred prior to Grantor’s ownership.

There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on or within the Property or Grantor’s remaining adjacent property.

Grantor has not used the Property, or Grantor’s remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such property. Grantor has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor’s remaining adjacent property. Grantors are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

4. The Parties agree:

A. ESCROW - At City’s option, to open an escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City’s acquisition.
________________________________________________________________________________________________________ APN: 252-293-007 City of Porterville/Villa Street Reconstruction/Zajicek/Right of Way Agreement 4 of 5
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $500 issued by First American Title Company showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes; 2) Public utility easements and public rights of way;
3) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.
________________________________________________________________________________________________________ APN: 252-293-007 City of Porterville/Villa Street Reconstruction/Zajicek/Right of Way Agreement 5 of 5
E. COUNCIL/BOARD APPROVAL - This Agreement is subject to and conditioned upon approval by the City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.

G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as fully binding and as full force and effect the same as if they bore original signatures. Documents for recordation by the Clerk Recorder must contain original signatures.

No Obligation Other Than Those Set Forth Herein Will Be Recognized.

GRANTOR:

The Margaret M. Zajicek Separate Property Trust Established under The James and Margaret Zajicek Family Trust
By: ________________________________ Date: ____________________________ Patricia A. Alexander, Trustee
GRANTOR’S MAILING ADDRESS:

Patricia Alexander
1210 E. Green Street, Suite 100
Pasadena, California 91106

CITY OF PORTERVILLE
By: ________________________________ Date: ____________________________ Martha A. Flores, Mayor
MAILING ADDRESS OF CITY:

City of Porterville
291 N. Main Street
Porterville, CA 93257
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CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS
User Community, Esri, HERE, Garmin, (c) OpenStreetMap
contributors, and the GIS user community

VILLA STREET RECONSTRUCTION MAP

CITY MAP

PROJECT
LIMITS
Item No. 9.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Consideration of Reallocation of Funds for Development Ordinance Update SOURCE: Community Development
COMMENT: On February 27, 2020, the State of California issued a Notice of Funding Availability for the Regional Early Action Planning (REAP) grant program to help regions and jurisdictions with planning activities to meet the sixth cycle of the regional housing needs assessment, and to spur affordable housing production. A total of $18,975,323 in Regional Early Action Planning (REAP) grant funds were made available to the eight San Joaquin Valley Regional Planning Agencies for housing planning activities through 2023. Each regional planning agency was responsible, through their respective boards, to determine funding amounts and policies for Regional Housing Needs Allocation (RHNA) planning, jurisdictional grants, and other related activities.

The Fresno County Council of Governments (FCOG) serves as the fiscal agent and the Tulare County Association of Governments (TCAG) serving as the Regional Planning Agency for Tulare County received approximately $1,613,803 of such grant funds under the REAP Memorandum of Understanding, and designated $225,000 of such funds to prepare the RHNA Plan and provide technical assistance and regional planning coordination for the provision of housing. TCAG suballocated the balance of the REAP Grant to the County of Tulare and to each of the Cities within Tulare County (the member agencies) to carry out the purposes of the grant. The City applied for and has been awarded REAP funds to be used for strategies to improve the local process to accelerate housing production. The City of Porterville received a total of $163,000 as its allocation from TCAG.

At its meeting on August 17, 2021, the City Council approved entering into a Services Agreement for Regional Early Action Planning Grant Program with TCAG, providing direction for the REAP funds to be used on updating the Development Ordinance to reflect recent changes in State law and to facilitate the accelerated production of housing units within Porterville.

The City’s Fiscal Year 2022-23 CIP budget included a total of $325,000 from the General Fund for the development of the Housing Element Update, which is being coordinated by TCAG and funded instead with REAP grant funds. The savings from utilizing regional partnerships and grants allow for the original budgeting of the Housing Element amount to be able to be utilized for the Development Ordinance Comprehensive Update. A total of $325,000 is available from that which was previously allocated for the Housing Element update, in which $119,848 was approved for the Update of the Public Health & Item No. 9.

Safety and Environmental Justice Elements, leaving a remaining balance of $205,152 available for the Development Ordinance Update. The cost of the Development Ordinance Update is $163,000, which results in $42,152 remaining from the funds allocated for the update to the Housing Element.

RECOMMENDATION: That the City Council authorize the reallocation of funds from the General Fund Allocation for the Housing Element Update to pay for the Development Ordinance Comprehensive Update.

ATTACHMENTS: 1. City Council Agenda Staff Report - August 17, 2021 Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
Item No. 12.

CITY COUNCIL AGENDA – AUGUST 17, 2021
SUBJECT: Tulare County Association of Governments (TCAG) Services Agreement for Regional Early Action Planning (REAP) Grant Program
SOURCE: Community Development
COMMENT:

On February 20, 2020, the State of California issued a Notice of Funding Availability for the Regional Early Action Planning (REAP) grant program to help regions and jurisdictions with planning activities to meet the sixth cycle of the Regional Housing Needs Assessment, and to spur affordable housing production. A total of $18,975,323 in REAP grant funds is available to the eight San Joaquin Valley Regional Planning Agencies for housing planning activities through 2023. Each regional planning agency is responsible, through its respective boards, to determine funding amounts and policies for Regional Housing Needs Allocation (RHNA) planning, jurisdictional grants, and other related activities.

A 24-member San Joaquin Valley REAP Committee for Housing has been established to help steer this planning effort. Funds can be used for technical assistance, establishing housing trust funds, RHNA/Housing Element planning, infrastructure planning, feasibility studies, staffing and consulting needs, and other uses. REAP funds cannot be used for housing construction activities.

The Fresno County Council of Governments (FCOG) serves as the fiscal agent and the Tulare County Association of Governments (TCAG), serves as the Regional Planning Agency for Tulare County. TCAG expects to receive approximately $1,613,803 of such grant funds under the REAP Memorandum of Understanding and will use $225,000 of such funds to prepare the RHNA Plan and provide technical assistance and regional planning coordination for the provision of housing. TCAG will sub allocate the balance of the REAP Grant to the County of Tulare and to each of the Cities within Tulare County (the “member agencies) to carry out the purposes of the grant.

The City of Porterville (and each member agency) is expected to receive a base amount of $100,000 plus an additional amount based on population. The City’s portion is currently estimated at $163,000.

Staff is requesting that City Council review the TCAG Services Agreement for REAP Grant Program (Attachment 1) and direct staff to obtain the necessary signatures to return the Agreement, to allow the City to receive the funds referenced above. The Agreement would be effective through December 31, Item No. 12.
2024, unless its term is extended by written amendment or it is earlier terminated as provided in the attached Agreement.

Additionally, staff is seeking Council direction on the use of the REAP funds. Eligible activities must be related to housing planning and facilitate the streamlining and acceleration of housing production. Eligible activities conducted by applicants must fall under one or more of the following main categories:

1. Developing an improved methodology for the distribution of the sixth cycle regional housing needs assessment.

2. Sub-allocating funds directly and equitably to jurisdictions or subregional entities in the form of planning grants that will accommodate the development of housing and infrastructure that accelerate housing production.

3. Providing jurisdictions and other local agencies with technical assistance, planning, temporary staffing or consultant needs associated with updating local planning and zoning documents, expediting application processing, and other actions to accelerate additional housing production.

4. Administrative costs related to the three main categories listed above.

One possible identified eligible use of funds is to update the City’s Development Ordinance. In recent years, various housing bills have been passed by the State and there is a need to incorporate those new changes in the City’s Development Ordinance. Staff would bring back an item requesting Council’s approval to publish a request for proposals if Council’s recommendation is to move forward with updating the City’s Development Ordinance.

RECOMMENDATION: That the City Council:

1. Approve the Tulare County Association of Governments (TCAG) Services Agreement for Regional Early Action Planning Grant Program;

2. Authorize the Mayor and City Manager to execute all
necessary documents; and

3. Provide direction on an eligible use of funds.

ATTACHMENTS: 1. 2020 Notice of Funding Availability

2. Draft Agreement
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim Community Development Director
Item No. 12.

Final Approver: John Lollis, City Manager
Item No. 10.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Operation of Navigation Center Request for Proposals SOURCE: Community Development
COMMENT: On June 5, 2023, the City was notified by Turning Point of Central California of its intent to cease operations of the Porterville Navigation Center on June 30, 2023. At its meeting on June 20, 2023, the City Council approved American Rescue Plan Act (ARPA) funds to fund the Navigation Center operations for a transitional period of ninety (90) days.

The 90-day transition period allows time to properly procure the State and federal grant funding that was slated to be made available to the Porterville Navigation Center as of July 1, 2023. Kings View entered into a 90-day contract on June 30, 2023, and began operating the Navigation Center.

Kingsview was able to rehire the existing navigation center staff and continue the services previously offered by the previous operator.

At this time, staff is requesting authorization to distribute a Request for Proposals (RFP) for the Operation of the Porterville Navigation Center, in order to continue the operations beyond September 30, 2023. The selected subrecipient will need to demonstrate institutional, managerial and financial capability to plan and operate the Porterville Navigation Center as described in the RFP.

The RFP will request fixed costs for the tasks listed in the Scope of Work to operate the navigation center. Staff is requesting authorization to include Permanent Local Housing Allocation (PLHA) funding in the amount of $308,563.16 and $70,000 in Community Development Block Grant (CDBG) funds to be made available as part of this RFP. The total available funds for the project is also expected to include Homeless Housing, Assistance, and Prevention Program (HHAP) funding in the amount of $323,041, that the Kings Tulare Homeless Alliance (KTHA) has committed for the 2023-2024 Fiscal Year, pending approval by KTHA Board and Membership, bringing the total available for the project to $701,604.16. This will allow funding previously awarded to this project through the previous operator to be used at the Porterville Navigation Center, to remain with the project.

RECOMMENDATION: That the City Council authorize the distribution of a Request for Proposals for the Operation of the Porterville Navigation Center incorporating PLHA and CDBG funds.

Item No. 10.

ATTACHMENTS: 1. Draft Request for Proposals
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager

REQUEST FOR PROPOSALS FOR

OPERATOR OF A NAVIGATION CENTER
RFP # No. 22/23-SR1944

CITY OF PORTERVILLE
Community Development Department
291 N Main St
Porterville CA 93257
Jason Ridenour
Assistance City Manager
(559) 782-7460
[email protected]
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NOTICE IS HEREBY GIVEN THAT PROPOSALS will be received from qualified non-profit service providers(who provide servicesforindividualsthat are experiencing homelessness) to operate a navigation center in the City of Porterville.

Submittal: One PDF file must be received by:

Friday August 11, 2023, by 5:00 pm.

Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 22/23-SR1944 Operation of Navigation Center Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All notifications, addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Eligible Respondents shall be responsible for monitoring the site and the project contact’s email to obtain information regarding this RFP. Failure to respond to required updates may result in a determination of nonresponsive proposal.

Questions regarding this project are due no later than Tuesday, August 1, 2023.

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REQUEST FOR PROPOSALS (RFP)

OPERATION OF NAVIGATION CENTER
I. EXECUTIVE SUMMARY
The City of Porterville is seeking proposals from eligible respondents to enter into a public- private partnership to operate a year-round Navigation Center that will serve approximately 100 individuals daily including 30 residential beds. The term of the agreement will be through June 30, 2024, unless extended by mutual agreement between the parties executed in writing.

A Navigation Center is a “transitional, emergency homeless facility with in-house services to develop pathways toward permanent housing, income, healthcare, and stability. Some of the typical onsite services include, but are not limited to: transportation in and out, one-on-one case management, state-licensed behavioral and substance abuse services, social services, meal services, rental assistance, and 24/7 staffing and security.

The Navigation Centersite islocated at 140 South C St. Porterville CA, and is currently open and operated by Kings View Behavioral Health as of July 1, 2023 for a 90-day transitional period.

Operations would begin on October 1st, 2023.

This RFP also serves as an application for the funding that was previously slated for this project, as the City is not the operator of the Navigation Center, rather will enter into a land lease agreement so the Awardee can operate their Navigation Center Program and as part of the lease agreement the city will commit first year funds. The City of Porterville Commit certain funding as expressly set forth in Section II of the RFP.; Therefore, the proposal should include additional proposed funding sources and sustainability plan. Only non-profit organizations currently providing services to individuals experiencing homelessness that meet the minimum submission requirements will be considered.

Respondentsto this RFP will be fully ready to operate the Navigation Center on October 1, 2023.

II. PROPOSED PROJECT
PROJECT TITLE: Operation of Navigation Center
PROPOSAL DUE DATE: Friday, August 11, 2023 at 5:00 PM
FUNDING AVAILABLE: Up to $701,604 for operations of the navigation center located at 140 S. C St. Porterville CA. This funding is not guaranteed for future years.

Funding break down:

FY 2023/24 Federal Community Development Block Grant (CDBG) Funding: $70,000 FY 2023/24 State Permanent Local Housing Allocation (PLHA) Funding: $308,563.16 FY 2023-2026 Federal American Rescue Plan Act (ARPA) Funding: ARPA funds may be available as needed to cover gap in operating funding.

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Additional sources of funding may be available to the successful applicant, including $323,041 from KTHA from the HHAP Program, if approved.

TIME PERIOD FOR CONTRACT: October 1, 2023 to June 30, 2026. The parties may extend this term by mutual agreement between the parties executed in writing. The parties may terminate the Agreement as of July 1, 2024, upon ninety (90) days prior written notice in the event sufficient funding is no longer available for continued operations.

IMPORTANT DOCUMENTS:

Please read the following documents related to the grant funding that is being made available for FY 2023/24, to understand reporting requirements and eligible activities:

Permanent Local Housing Allocation (PLHA):
• https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent-localhousing-allocation o Notice of Funding Announcement: Applicants must ensure that program design meets the 2022 HCD NOFA
o Permanent Local Housing Allocation Final Guidelines
• City of Porterville Permanent Local Housing Allocation Five-Year Plan (2019-2023):
https://www.ci.porterville.ca.us/departments/community_development/community_d evelopment_block_grant_program_(cdbg)/index.php
Community Development Block Grant (CDBG):
• https://www.hud.gov/sites/documents/DOC_17133.PDF
• https://www.hudexchange.info/resource/89/community-development-block-grantprogram-cdbg-guide-to-national-objectives-and-eligible-activities-for-entitlementcommunities/ American Rescue Plan Act:
• https://www.congress.gov/bill/117th-congress/house-bill/1319/text Homeless Housing Assistance and Prevention Program (HHAP) • https://bcsh.ca.gov/calich/hhap_program.html
III. ELIGIBLE RESPONDENTS
An Eligible Respondent is a qualified non-profit service provider that has verifiable experience serving the homeless population as it relates to the qualifications outlined in this RFP.

It is understood the selected Respondent acting as an individual, partnership, corporation or other legal entity, is of professional status, licensed to perform in the State of California and for all applicable professional discipline(s) requiring licensing and will be governed by the professional ethics in its relationship to the City of Porterville.

It is also understood that all reports, information, and/or data prepared or assembled by the Respondent for this RFP, or under a contract awarded pursuant to this RFP may be made available to any individual or organization under the California Public Records Act (CPRA), subject to City of Porterville RFP For Operation of Navigation Center 5 | P a g e
limitations and exemptions in the CPRA. Each Respondent shall be financially solvent, and shall be competent to perform the services required under this RFP document.

Proposals will only be considered from Respondents which meet the following prerequisites:
• Are successfully managing and operating emergency shelter programs and delivering relevant services of a similar type and scope as described in the Scope of Work. • Have not filed for bankruptcy under any business name over the past five (5)years. • Have the current organizational experience and staff capacity to undertake a YearRound Homeless Navigation Center. • Operate and perform all activities under this award in the City limits of Porterville • Organizations must not discriminate on the basis of ethnicity, race, color, creed, religion, gender, national origin, age, disability, marital status, sexual orientation, gender identity, Veteran’s discharge status, or any other protected category as required by law.
• Must agree to use the City’s Coordinated Entry System (“CES”) as the sole referral source for each program component. The CES is the central access and referral point for all homeless individuals seeking housing in City of Porterville. This system will identify the most appropriate housing options while also prioritizing the most vulnerable individuals for placement into permanent housing. The system will then maintain a steady flow of referrals to all available housing options. To ensure these individuals have appropriate access to the program components, a project may need to modify its entrance criteria or use reasonable accommodation to admit tenants who would otherwise not be able to apply. By agreeing to use the CES as the sole referral source, applicants agree to make reasonable accommodation to accept the referrals. • Must agree to operate projects under the “Housing First” model, meaning prospective tenants are not required to agree to participate in services prior to entering the housing nor can service participation be a requirement of tenancy. Tenants can be required to adhere to a standard market lease, and their tenancy should be supported by eviction prevention strategies, including the engagement of services as appropriate. • Multiple organizations may apply as a collaborative or joint venture; however, a lead entity must be designated.
• Organizations must be able to demonstrate capacity to start operations on October 1, 2023 following award.
• Organizations must have adequate financial capacity to perform proposed operations on a reimbursement basis.

IV. SCOPE OF SERVICES
Overview
The Porterville Navigation Center and its supportive service programs will be designed to provide a safe environment and a pathway for individuals, youth and families, experiencing homelessness on the streets of Porterville to transition into permanent housing. through the Coordinated Enter referral System and coordination with Kings/Tulare Homeless alliance, or other approved outreach teams. Respondents must participate with local priority systems that are in place to include the Homeless Management Information System (HMIS) for data collection, the Coordinated Entry System (CES). CES will be used to admit clients with a low-barrier, housing first approach. The City of Porterville RFP For Operation of Navigation Center 6 | P a g e
overall project will represent best practices in exceptional trauma-informed care for all shelter participants. The City’s obligation will be ownership of the property and to make funding opportunities available as local, state or federal grants are received. The operation and funding of the shelter will be undertaken by the Respondent.

Project Requirements
Respondents to this RFP should specify programs and services for homeless individuals that, based on evidence, successfully promote the principles of Housing First and contribute to the regional goals of ensuring instances of homelessness are rare, brief, and non-recurring. All services must be easily accessible and evaluated for effectiveness on a regular basis.

Respondents will need to identify appropriate operation standards that describe the administrative, operational and facility-based standards and policies that support the quality and consistency of program operations, evidence-based participant services, core organizational/administrative functions, and facility design/operations. Effectiveness shall be measured using the Project Outcomes outlined in this RFP.

The table below outlines the minimum requirements for the shelter.

PROJECT ELEMENT
Hours of Operation • The Navigation Center must be open 24 hours per day, seven days per week, including holidays
Target Population • Adult individuals (ages 18 and older) and adult only households (i.e., couples without children). No children permitted in the shelter
Client Eligibility • Literally homeless in the City of Porterville • Referred through the CES
• Willingness to participate in a housing plan
• Willingness to follow shelter rules & expectations
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Typical Program
Components and
Residential Services (This
is not a design from the
City, this is included as a
reference of typical
Navigation Center services,
however the awardee shall
design its own program)
Included but not limited to the following:
• Three (3) nutritious meals each day
• Receive and handle daily food deliveries from 3rd party provider
• Client support services
• On-site Transportation/Shuttle Services
• Service Animals and Pet Accommodation
• Laundry Facilities
• Client access to on-site storage
• Hygiene Products
• HMIS Participation and Documentation
• Manage client reservation and referral process
• Welcome, intakes and assessment
• Housing First program with low-barriers to entry and
operations
• Case management and other appropriate permanent
housing- focused services (e.g., housing navigation, case conferencing)
• Referral to Substance Use recovery classes such as AA, 12 Step programs
• Coordination for mobile health services
• Participation in the Coordinated Entry System(CES)
• Coordination with the Tulare County HousingAuthority, referrals to County, State and Federal programs, as well as nonprofit and social service organizations, as
appropriate
• Mail services, as needed
Telephone access, charging and message services,
including an ADA-compliant telephone
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General Standards • Adequate on-site staffing with appropriate on-going staff training
• Operator to include data analysis as well as service
delivery metrics
• Designated point-of-contact who is available at all times to address issues that may arise at the shelter and
willingness to coordinate security issues with the
Porterville Police Departments
• Means for clients to provide input into programs
• Data entry, analysis and reporting in HMIS for all
Navigation Center activities. Respondent will maintain all appropriate documentation.

Property Management Respondent will maintain a secure and healthful environment for delivery of all services, including:
• Site control, prompt maintenance and repair, utilities, security, janitorial services, waste removal and disposal, regularly laundered linens, and other occupancy related items
• Health Safety protocols and quarantine procedures
• Secure entry/exits for clients and service providers to be monitored by staff
• A fire escape emergency plan
• A written drug and alcohol-free policy for staff that is posted/displayed on-site at all times. The written policy shall include and describe the disciplinary action to result from the illegal use, consumption, distribution, and/or possession of drugs and/or alcohol
V. PROPOSAL SELECTION PROCESS
The City shall establish a proposal evaluation committee to review and score proposals received.

All proposals will be scored based on the criteria in this RFP. Additional information may be requested by the proposal evaluation committee prior to making a funding recommendation.

Recommendations from the proposal evaluation committee will be present to the Porterville City Council for consideration and award of contract.

The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process.

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All costs shall be borne by the organization responding to this RFP. The organization responding to this RFP shall hold the City of Porterville harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the organization.

VI. RFP PROPOSED TIMELINE
The City of Porterville expects proposals to be project-ready with the intent of taking over operations of the Navigation Center by October 1, 2023. The following is the tentative timeline for the RFP process.

ACTION ITEM DATE
Release of RFP July 21, 2023
RFP Questions Due August 1, 2023 at 4:00 P.M.

RFP Responses to Questions August 4, 2023
Proposal Submittal Deadline August 11, 2023 at 4:00 PM
Interviews (If needed) August 15, 2023
City Council Approval (Tentative) August 22, 2023 or September 5, 2023 Program Operation October 1, 2023
VII. PROPOSAL SUBMISSION REQUIREMENTS

APPLICATION PROCESS
Applications from this Request for Proposals (RFP) from Organizations will be accepted beginning Friday, July 21, 2023 through Friday, August 11, 2023. Organizations funded as a result of this RFP are expected to execute contracts with the City of Porterville by September 11, 2023 and begin program operations by October 1, 2023.

Respondents shall submit a complete RFP application, (including all attachments), to:

Submittal: One PDF file must be received by:

Friday August 11, 2023, by 5:00 pm.

Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 22/23-SR1944 Operation of Navigation Center Late proposals will not be accepted and will be automatically disqualified from further City of Porterville RFP For Operation of Navigation Center 10 | P a g e
consideration. All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All notifications, addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Eligible Respondents shall be responsible for monitoring the site and the project contact’s email to obtain information regarding this RFP. Failure to respond to required updates may result in a determination of nonresponsive proposal.

Questions regarding this project are due no later than Tuesday, August 1, 2023 Proposals will be evaluated and ranked according to the following criteria:

MAXIMUM
POINTS

EVALUATION CATEGORY
30 Operator Experience and Capacity
25 Program Design and Outcomes
20 Service Delivery Method and Staffing
15 Operator Program Budget
10 Project Sustainability
100 Total Points
Following an evaluation of the proposals, it is expected that the selected organization will be recommended to the City Council for approval. If approved by the City Council, a subrecipient agreement will be executed between the City of Porterville and the selected organization.

The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

APPLICATION FORMAT
The submitted proposals should contain the following components:
• Applicant Information Form (Attachment A)
• Project Narrative
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o Program Description and Design
o Management of Program
o Fiscal Management
o Diversity and Multicultural Competency
• Estimated Spending Plan and Revenue Summary Form (Attachment B)

APPLICANT INFORMATION FORM
See form in Attachment A.

PROJECT NARRATIVE

1. Program Description and Design (Limit your response to 3 pages) a. Program Description
i. Provide a short, one or two sentence explanation of the purpose of this program and what the funds will be used on.
ii. Explain why the program is needed.
b. Provide a detailed description of your entire proposal as below:
i. Describe the scope of the project, including the number of households that will be served annually, the program services and financial assistance that will be offered to address housing and supportive service needs. Detail the program activities under this service model.
ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your organization will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability. iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your organization’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
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i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.
i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner organization, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner organization’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your organization’s plan to participate in HMIS and/or Coordinated Entry.

2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Provide a Spending Plan and Revenue Summary. A sample is included for reference (Attachment B)
b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services.

Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category.

Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal. c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed

3. Diversity and Multicultural Competency (Limit your response to one page) Cultural Competency is defined as:
• Having a defined set of values and principles, and demonstrating behaviors, attitudes, policies and structures that enable the organization to work effectively in cross-cultural situations; and
• Having the capacity to 1.) value diversity, 2.) conduct self-assessment, 3.) manage the dynamics of difference, 4.) acquire institutional knowledge, and 5.) adapt to diversity and the cultural contexts of the communities being served; and • Incorporating the above in all aspects of policy making, administration, practice, service delivery and involving consumers and key stakeholders.

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a. Explain your organization’s philosophy and the specific efforts that are in place to assure that this project will be culturally competent and linguistically accessible for the population that will be served. Be sure to include the following information in your response:
i. Based on your understanding of the target population and subpopulation(s), describe how your project will be culturally relevant, sensitive, and linguistically accessible for the individuals or households that will be served, including efforts related to staffing, outreach and service design (i.e., how the project will help reduce barriers to housing and services for individuals of color and those households for whom English is not the primary language);
ii. Describe how the ethno-cultural backgrounds of your project staff and organization board reflect that of the identified population to be served and/or how your organization is working to broaden staff and board diversity and knowledge around cultural competency; and iii. Describe any means or efforts that are in place to assess the cultural competency of your organization and make changes accordingly.

4. Confirmation of Commitment to specific contract terms: Please confirm that you will agree to the specific contractual requirements set forth in Section VIII. below.

VIII. SPECIFIC CONTRACTUAL REQUIREMENTS
Once selected by action of the City Council, the successful awardee will be required to enter into a lease agreement and a funding agreement(s) with the City of Porterville. Applicants must confirm that they will agree to the following requirements:

1. Insurance Requirements: The Organization shall maintain commercial general liability insurance or equivalent form with a limit of not less than Two Million Dollars ($2,000,000) per claim and Four Million Dollars ($4,000,000) in aggregate. Said insurance shall name the City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of the Agreement(s). The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed insured. It must also be primary with respect to any insurance or self-insurance covering the City and contain standard separation of insurance provisions. The Organization shall also maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident for vehicles the Organization operates, with the same or similar endorsements and requirements specific for the commercial general coverage. Finally, Organization shall have and maintain workers’ compensation insurance for all of the Organization employees employed at the Porterville Navigation Center and shall require any general or subcontractor to provide proper workers’ compensation coverage. The Organization shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). The Organization shall furnish the City with properly executed certificates of insurance as required by the City, including a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

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2. Indemnification: To the fullest extent permitted by local, state and/or federal law, the City of Porterville shall not assume any liability whatsoever with respect to the Organization’s occupancy of the property and operations of the Porterville Navigation Center. The Organization shall agree to indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), and each of them, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Lessee’s performance of its obligations under this lease or the activities on or operations conducted by Lessee on or at 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, EXCEPT to the extent such loss or damage arises from the negligence or misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Lessee’s operations or performance of this Lease, the Lessee shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

3. Termination for Convenience: in the event the City is willing to agree to a clause in the Agreement(s) providing for termination by either party without cause, said provision will require at least one hundred (120) days advance written notice. A shorter notice period may be provided for termination due to loss of funding, and the City shall be able to terminate immediately for Organization’s apparent violation of any law.

4. Assignment: The Agreement(s) shall not be permitted to be assigned to any other Organization, without express written consent of the City Council, which may be withheld for any reason.

5. Jurisdiction and Venue: The Agreement(s) shall be governed by the laws of the State of California, with venue for any legal action to be Tulare County.

IX. RESPONSIVENESS
All proposals will be reviewed to determine compliance with administrative requirements and instructions specified in this RFP. The Applicant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The City of Porterville also reserves the right at its sole discretion to waive minor administrative irregularities.

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ATTACHMENTS
A – Applicant Information Form

1. Project title:

2. Project location:

3. Number of households served on a given day: Number of households served annually:

4. Number of individuals served on a given day: Number of Individuals served annually:

5. a. This project is specifically designed to serve the following population:
(Please be very specific and check only those that apply) □ Homeless single adults
□ Homeless families with children
□ Homeless young adults (ages 18 - 25)

5. b. This project is specifically designed to serve the following subpopulation:
(Please check all that apply)
□ Homeless households living on the streets
□ Homeless households living in shelters
□ Homeless households living in transitional housing
□ Persons who are chronically homeless
□ Persons with serious mental illness
□ Persons with significant drug/alcohol addictions
□ Persons with chronic medical condition(s)
□ Persons exiting the foster care system
□ Persons exiting criminal justice facilities
□ Persons exiting mental health or psychiatric inpatient facilities □ Persons exiting residential chemical dependency treatment facilities

6. DUNS Number:

7. Federal Tax ID Number:

8. Contact Information for Project Applicant:

Lead Applicant Organization:
__________________________________________________________________________ Organization Mailing
Address:_________________________________________________________________________ City of Porterville RFP For Operation of Navigation Center 16 | P a g e
Total Annual Organization Operating Budget (for all activities of the applicant organization from all sources): ______________
Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if
different mailing
then above)

Phone
FAX
Email

9. Applicant Type
Nonprofit organization
Affordable Housing Developer

10. Provide the caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years against the applicant, as applicable.

11. Indicate the extent, if any, to which the firm, association or corporation or any person in a controlling capacity or any position involving the administration of federal, state or local funds; is currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any organization; has been suspended, debarred, voluntarily excluded or determined ineligible by any organization within the past three (3) years; does have a proposed debarment pending; has been indicted, convicted or has a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or misconduct with the past three (3) years.

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City of Porterville RFP For Operation of Navigation Center 18 | P a g e
Item No. 11.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: State Route 190 and Westwood Street Roundabout Transportation Art Maintenance Agreement
SOURCE: Community Development
COMMENT: California Department of Transportation (Caltrans) has completed the design of a roundabout at the intersection of State Route (SR) 190 and Westwood Street and is scheduled to be constructed in early 2024. City staff has been coordinating with Caltrans and the Tulare County Association of Governments (TCAG) for the aesthetic design of the roundabout to be an entry feature to Porterville as well as to include artwork that is reflective of the scenic offerings along SR 190 in a desire to promote tourism in line with the efforts of the Mighty 190 Committee. The Mighty 190 Committee was formed in 2016, with the goal of increasing awareness and enhancing local tourism opportunities in southeastern Tulare County along SR 190.

Caltrans has embraced the concept of the Mighty 190 and has included artwork that is representative of the local region within the scope of the Westwood Street roundabout and has included an entry sign in the design of the roundabout. Caltrans is proposing a double sided piece of transportation art measuring approximately fourteen (14) feet in height by nine (9) feet two (2) inches in width. The artwork proposes to feature a Giant Sequoia made of bronze corten steel with a full color porcelain enamel Mighty 190 shield, and two painted steel eagles in the tree. The proposed design is included as an attachment as well as Exhibit A of the draft Agreement, which is an attachment to the staff report. Caltrans has also proposed to have PORTERVILLE spelled out in bold letters on the raised concrete improvements within the roundabout as an entry sign. To facilitate the inclusion of the transportation art, Caltrans has requested that the City of Porterville enter into a Transportation Art Maintenance Agreement. The Transportation Art Maintenance Agreement outlines that the City of Porterville will be responsible for the maintenance of the proposed transportation artwork.

RECOMMENDATION: That the City Council:

1. Approve the Mighty 190 Transportation Art Maintenance Agreement and Tree/Eagle Project Specific Maintenance
Agreement with the California Department of Transportation; and

2. Authorize the Mayor and City Manager to sign the draft Transportation Art Maintenance Agreement as proposed by the California Department of Transportation.

Item No. 11.

ATTACHMENTS: 1. Draft Mighty 190 Transportation Art Maintenance Agreement

2. Draft Tree/Eagle Project Specific Maintenance Agreement

3. Locator Map

4. State Route 190 and Westwood Roudabout Design Plan

5. Proposed Transportation Art
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
1 MIGHTY 190 TRANSPORTATION ART MAINTENANCE AGREEMENT

WITH CITY OF PORTERVILLE
THIS AGREEMENT is made effective and entered on this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Porterville; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. WHEREAS the PARTIES desire to work together to allocate their respective roles and responsibilities relative to the MIGHTY 190 Transportation Art installed at the northeast corner of State Route 190 and Westwood Street within STATE’s right of way;

2. WHEREAS Cooperative Agreement number 06-1730 was executed between County of Tulare and STATE on February 2, 2021 to construct a Transportation Art at the northeast corner of State Route 190 and Westwood Street, hereinafter referred to as “MIGHTY 190”;

3. WHEREAS, CITY has agreed to assume maintenance responsibility of the PROJECT upon construction completion;

4. WHEREAS, this AGREEMENT addresses CITY’s responsibilities for maintaining the “MIGHTY 190” placed within the state highway on state route (“SR”) 190 at postmile

13.45 in the County of Tulare. Location and detail of the MIGHTY 190 are shown in EXHIBIT A, attached hereto and incorporated herein;

5. WHEREAS the PARTIES desire to clarify CITY's maintenance responsibilities as defined in Section 27 of the California Streets and Highway Code, Chapter 29 of the Project Development Procedures Manual and elsewhere in this AGREEMENT to include, but are not limited to, providing emergency repair and maintenance of the MIGHTY 190 at the location shown in EXHIBIT A; and,

SECTION II

TERMS AND CONDITIONS
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. In consideration of the mutual covenants and promises contained herein, CITY and STATE agree as follows:
4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
2 1.1. When a change to this AGREEMENT is necessary, the PARTIES will execute a formal amendment in writing by and through their authorized representatives.

1.2. PARTIES agree maintenance responsibilities include, but are not limited to inspection, repair, and graffiti removal (collectively hereinafter “MAINTAIN/MAINTENANCE”) of MIGHTY 190. This includes but is not limited to graffiti removal and restoration work to maintain the integrity of the permitted MIGHTY 190.

1.3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code, the current edition of the State Maintenance Manual, and then Chapter 29 of the Project Development Procedures Manual.

1.4. EXHIBIT A depicts a graphical front view of the MIGHTY 190 within STATE’s right of way, and where MIGHTY 190 will be located.

1.5. If during the term of this AGREEMENT, CITY should cease to MAINTAIN the MIGHTY 190 to the satisfaction of STATE as required by this AGREEMENT; or if in the opinion of STATE the MIGHTY 190 creates an unsatisfactory condition, STATE may either undertake to remedy this condition, or itself remove the MIGHTY 190 on behalf of CITY, at CITY’s expense. Alternatively, STATE may direct CITY to remove the MIGHTY 190 at CITY’S sole expense and restore STATE’s right of way to its prior safe, attractive, and operable condition. CITY agrees to pay STATE’s expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any steps to MAINTAIN, remedy the unsatisfactory condition, or remove the MIGHTY 190, STATE will provide written notice to CITY to cure the default, or remove the MIGHTY 190. CITY will have thirty (30) days within which to affect that cure or remove the MIGHTY 190.

1.6. CITY will remove the MIGHTY 190 whenever, in the opinion of STATE, it creates a maintenance or operational concern, such as, prevents ongoing maintenance, or causes an undue distraction. In the event CITY fails to remove the MIGHTY 190 in a timely manner, STATE may remove the MIGHTY 190 thirty (30) calendar days following written notification to CITY, and STATE will bill CITY for all costs related to its removal and for the restoration of state-owned areas to their original condition.

1.7. STATE may remove the MIGHTY 190, partially or in its entirety, or alter parts thereof due to emergency, construction, rehabilitation, or other necessary activities affecting STATE’s transportation facilities without any obligation, compensation to, or approval of CITY, artist(s) or contractor.

1.8. STATE may remove or alter the MIGHTY 190, partially or in its entirety, that presents an immediate safety hazard to the public, as determined by STATE, without delay 4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
3 or advance notification to CITY, artist(s), or contractor.

1.9. STATE will not be responsible for the cost of any maintenance, repair, restoration, removal, or replacement of the MIGHTY 190 which is damaged by anything STATE does or does not do in the course of STATE’s duty related to highway operation and activities. STATE will not be responsible for any damages to the MIGHTY 190 caused by vandalism or roadway accidents.

1.10. STATE will notify CITY thirty (30) days in advance of any planned work that may impact the MIGHTY 190. If the work required is due to a public safety hazard, this notification period does not apply. STATE will notify CITY as soon as practicable of the planned or performed public safety hazard work.

1.11. The installed MIGHTY 190 located within STATE’s right-of-way will become property of the STATE.

2. CITY’s roles and responsibilities hereunder, at CITY’s expense, include the following:

2.1. CITY shall submit the final form of the design plans for the MIGHTY 190 to STATE’s District Permit engineer for review and approval. CITY will obtain and have in place the necessary Encroachment Permit(s) prior to the start of any work within STATE’s right of way. All proposed MIGHTY 190 design plans must meet STATE’s standards as outlined in the Caltrans Project Development Procedures Manual, Chapter 29, Section 9 (dated 05/24/2018).

2.2. CITY shall MAINTAIN the MIGHTY 190 conforming to the design plans preapproved by STATE for as long as it remains within STATE’s right of way.

2.3. CITY is required to annually obtain an Encroachment Permit to perform work within STATE’s right of way over a set 12-month period. This Encroachment Permit must be active prior to the start of any work within STATE’s right of way. Work performed by CITY includes, but is not limited to, the installation, MAINTENANCE, restoration, or removal of the MIGHTY 190. A permit will be required of CITY's Contractor. CITY agrees that it shall remain subject to the terms and conditions of this AGREEMENT until termination of this AGREEMENT or until the MIGHTY 190 has been removed from STATE’s right of way in its entirety, whichever is later.

2.4. CITY shall obtain an Encroachment Permit rider for any changes to the scope of work allowed by this AGREEMENT prior to the start of any work within STATE’s right of way.

2.5. CITY will provide monthly inspection of the MIGHTY 190 to ensure a neat and attractive appearance.
4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
4 2.6. CITY will replace or repair damaged MIGHTY 190 when observed or within ninety (90) calendar days of being notified in writing by STATE.

2.7. CITY will remove the MIGHTY 190 and restore STATE owned areas to a safe and attractive condition acceptable to STATE, in the event this AGREEMENT is terminated as set forth herein.

2.8. CITY will expeditiously MAINTAIN, replace, repair, remove, or restore the MIGHTY 190 if it has become unsightly.

2.9. CITY will MAINTAIN, at CITY's expense, the MIGHTY 190 as shown on EXHIBIT A for as long as it remains in place. This includes, but is not limited to, graffiti removal and restoration work to maintain the integrity of the permitted MIGHTY 190.

2.10. CITY will perform Graffiti removal in conformance with applicable STATE policies and guidance existing at the time CITY performs work. City is required to promptly remove offensive messages and timely remove all other graffiti on the MIGHTY 190.

2.11. CITY’s Maintenance practices must protect air and water quality as required by law. Should the MIGHTY 190 be removed, for whatever reason, CITY, at no cost to the STATE, will return the area where the MIGHTY 190 was located to a safe and attractive condition acceptable to State.

2.12. CITY may remove the MIGHTY 190 thirty (30) days following notification to STATE.

CITY shall remove MIGHTY 190 and restore state-owned area to a safe and attractive condition acceptable to STATE.

2.13. CITY is required to obtain from artist, or any party CITY contracts with for the MIGHTY 190, and provide to State a signed, notarized and executed Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement which assigns all copyright interests in the MIGHTY 190 to STATE and waives artist’s moral rights protections against STATE.

2.14. CITY shall maintain all rights and obligations under this AGREEMENT with artists or any party it contracts with for the MIGHTY 190 to fulfill CITY’s obligations under this AGREEMENT. These rights and obligations include, but are not limited to, the ability to repair, restore, remove, and MAINTAIN the MIGHTY 190.

3. STATE responsibilities under this AGREEMENT include:

3.1. Providing CITY with timely written notice when it has determined that the MIGHTY 4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
5 190 requires MAINTENANCE, repair, restoration or removal. However, the nonreceipt of notice does not excuse CITY from MAINTENANCE responsibilities assumed under this AGREEMENT. MIGHTY 190 which in the opinion of STATE becomes a safety or operational concern, will be promptly removed, at no cost to STATE, by CITY.

3.2. Providing CITY the necessary Encroachment Permit(s) from STATE’s District 6 Encroachment Permit Office upon application and approval and on an annual basis for CITY to perform its MAINTENANCE responsibilities prior to CITY entering STATE’s right of way. These encroachment permits will be issued at no cost to CITY.

3.3. Providing CITY’s contractor or artist(s) the necessary Encroachment Permit(s) from STATE prior to the start of any work within STATE’s right of way.

4. LEGAL RELATIONS AND RESPONSIBILITIES

4.1. Nothing in this AGREEMENT is intended to create duties or obligations to or rights in third parties not parties to this AGREEMENT; or to affect the legal liability of a PARTY to the AGREEMENT by imposing any standard of care with respect to the operation and maintenance of STATE’s highways and local facilities different from the standard of care imposed by law.

4.2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY shall fully defend, indemnify and hold harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation, copyright infringement, claims under the Visual Artists Rights Act, claims under the California Art Preservation Act, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this AGREEMENT.

5. PREVAILING WAGES:

5.1. Labor Code Compliance- If the work performed under this AGREEMENT is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, 4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
6 Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this AGREEMENT is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.

Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

6. INSURANCE

6.1. CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents, and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall identify the MIGHTY 190 by name, location and postmile as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of SelfInsurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporated as EXHIBIT B.

6.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this AGREEMENT.

7. TERMINATION - This AGREEMENT may be terminated by written consent of PARTIES or by STATE for cause or convenience. CITY’s failure to comply with the provisions of this AGREEMENT may be grounds for a Notice of Termination by STATE.

8. TERM OF AGREEMENT - This AGREEMENT shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 7 above.
4/17/2023
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-2-0004)
7 PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF PORTERVILLE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
John Liu, Deputy District Director
Maintenance and Operations,
District 6
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
2/28/23

EXHIBIT A
1 2/28/23

EXHIBIT A
2 2/28/23
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF PORTERVILLE STATEMENT OF

SELF INSURANCE
Department of Transportation _______20__
1352 W. Olive Avenue
Fresno, CA 93728-4067
ATTN: Daniel Lum
RE: Statement of Self Insurance for City of Porterville Related to Mighty 190 Transportation Art Maintenance Agreement with State of California Department of Transportation (“STATE”) for the Mighty 190 along Highway Route 190 at Westwood Street (PM 13.45)
Dear Mr. Lum,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 6 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER
4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
1 TREE/EAGLE PROJECT SPECIFIC MAINTENANCE AGREEMENT

WITH CITY OF PORTERVILLE
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Porterville; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. WHEREAS, the PARTIES desire to work together to allocate their respective roles and responsibilities relative to the Transportation Asset constructed at the northeast corner of State Route 190 and Westwood Street within STATE’s right of way; and,

2. WHEREAS, Cooperative Agreement Number 06-1730 was executed between County of Tulare and STATE on February 2, 2021 to construct Transportation Asset at the northeast corner of State Route 190 and Westwood Street, hereinafter referred to as “TREE/EAGLE”; and,

3. WHEREAS, CITY has agreed to assume maintenance responsibility of the PROJECT upon construction completion; and,

4. WHEREAS, this AGREEMENT addresses CITY’s responsibilities for maintaining the Transportation Asset, hereinafter referred to as “TREE/EAGLE” placed within the State Highway System (SHS) on State Route 190 at postmile 13.45 in the County of Tulare.

Location and detail of the TREE/EAGLE are shown in EXHIBIT A, attached hereto and incorporated herein; and,

5. WHEREAS, the PARTIES desire to identify maintenance responsibilities of CITY as defined in Section 27 of the California Streets and Highway Code and elsewhere in this AGREEMENT to include, but is not limited to, providing emergency repair and maintenance of TREE/EAGLE at the location shown in EXHIBIT A.

AGREEMENT
NOW THEREFORE, IT IS AGREED AS FOLLOWS:

1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows:

1.1. When a change to this AGREEMENT is necessary, the PARTIES will execute a formal amendment in writing by and through their authorized representatives. 4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
2 1.2. PARTIES agree maintenance responsibilities include, but are not limited to:
inspection, repair, graffiti removal and removal of adjacent overgrown vegetation, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of TREE/EAGLE This includes but is not limited to: graffiti removal and restoration work to maintain the integrity of the permitted TREE/EAGLE, and removal of overgrown vegetation surrounding TREE/EAGLE including the immediate area CITY uses as a means of access to maintain TREE/EAGLE

1.3. EXHIBIT A depicts a graphical front view and details of the TREE/EAGLE structure within STATE’s right of way and where TREE/EAGLE will be located

1.4. CITY shall remove TREE/EAGLE whenever, in the opinion of STATE, it creates a maintenance or operational concern, such as, prevents ongoing maintenance, or causes an undue distraction. In the event CITY fails to remove TREE/EAGLE in a timely manner, STATE may remove TREE/EAGLE thirty (30) calendar days following written notification to CITY, and STATE will bill CITY for all costs of its removal and for the restoration of State-owned areas to their original condition.

1.5. If during the term of this AGREEMENT, CITY should cease to MAINTAIN the TREE/EAGLE to the satisfaction of STATE as provided by this AGREEMENT; or if in the opinion of the STATE the TREE/EAGLE creates an unsatisfactory condition, STATE may either undertake to remedy this condition, or itself remove TREE/EAGLE on behalf of CITY, at CITY’s expense. Alternatively, the STATE may direct CITY to remove TREE/EAGLE at CITY’S sole expense and restore STATE’S right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any steps to MAINTAIN, remedy the unsatisfactory condition, or remove TREE/EAGLE; STATE will provide written notice to CITY to cure the default, or remove the TREE/EAGLE and CITY will have thirty (30) days within which to affect that cure, or remove the TREE/EAGLE.

1.6. STATE shall provide CITY with timely written notice when it has determined that TREE/EAGLE requires maintenance, repair, or removal. However, the non-receipt of notice does not excuse CITY from MAINTENANCE responsibilities assumed under this AGREEMENT. Should TREE/EAGLE become a safety or operational concern in the opinion of the STATE, it will be removed by CITY, at no cost to STATE.

1.7. STATE may remove TREE/EAGLE, partially or in its entirety, or alter parts thereof due to emergency, construction, rehabilitation, or other necessary activities affecting these transportation facilities without any obligation, compensation to, or approval of CITY.
4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
3 1.8. STATE may remove or alter TREE/EAGLE that presents an immediate safety hazard to the public, as determined by STATE, without delay or advance notification to CITY.

1.9. STATE will not be responsible for the cost of any maintenance, repair, restoration, or replacement of TREE/EAGLE which is damaged by anything STATE does or does not do in the course of STATE’s duty related to highway operation and activities. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway.

1.10. STATE will notify CITY thirty (30) days in advance of any planned work that may impact the TREE/EAGLE. If the work required is due to a public safety hazard, this notification period does not apply, and STATE will notify CITY as soon as practicable of the planned or performed work.

1.11. TREE/EAGLE located within STATE right-of-way becomes property of the STATE.

2. CITY’s responsibilities hereunder, at CITY’s expense, include the following:

2.1. CITY shall submit the final form of the plans for TREE/EAGLE to STATE’s District Permit engineer for review and approval and will obtain and have in place a valid necessary Encroachment Permit prior to the start of any work within STATE’s right of way. All proposed TREE/EAGLE plans must meet STATE’s standards.

2.2. CITY shall MAINTAIN TREE/EAGLE conforming to the plans pre-approved by STATE.

2.3. CITY is required to annually obtain an Encroachment Permit to perform work within STATE’s right of way over a set 12-month period. This Encroachment Permit must be active prior to the start of any work within STATE’s right of way. Work performed by CITY includes, but is not limited to the installation, MAINTENANCE, restoration or removal of TREE/EAGLE.

2.4. CITY shall obtain an Encroachment Permit rider for any changes to the scope of work allowed by this AGREEMENT prior to the start of any work within STATE’s right of way.

2.5. CITY shall schedule routine MAINTENANCE of TREE/EAGLE to ensure a neat and attractive appearance. CITY shall coordinate said MAINTENANCE with STATE prior to the start of any work.

2.6. CITY agrees that it shall remain subject to the terms and conditions on this AGREEMENT until termination of this AGREEMENT or until TREE/EAGLE has been removed from STATE right of way in its entirety, whichever is later. 4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
4 2.7. CITY shall replace or repair damaged TREE/EAGLE when observed or within thirty (30) calendar days of being notified in writing by STATE.

2.8. CITY shall remove TREE/EAGLE and restore state-owned areas to a safe and attractive condition acceptable to STATE, in the event this AGREEMENT is terminated as set forth herein.

2.9. CITY shall expeditiously MAINTAIN, replace, repair, remove, or restore TREE/EAGLE if it has become unsightly.

2.10. CITY will MAINTAIN, at CITY's expense, TREE/EAGLE for as long as it remains in place.

2.11. CITY will perform graffiti removal in conformance with applicable STATE policies and guidance existing at the time CITY performs work and shall require prompt removal of offensive messages and timely removal of all other graffiti.

2.12. CITY’s MAINTENANCE practices must protect air and water quality as required by law. Should TREE/EAGLE be removed, for whatever reason, CITY, at no cost to the STATE, shall return the area where TREE/EAGLE was in place to its original condition.

2.13. CITY may remove part or all of TREE/EAGLE thirty (30) days following notification to STATE. CITY shall remove TREE/EAGLE and restore state-owned areas to a safe and attractive condition acceptable to STATE.

3. STATE responsibilities under this AGREEMENT include:

3.1. Providing CITY the necessary Encroachment Permit from STATE’s District 6 Encroachment Permit Office upon application and approval, on an annual basis to perform CITY maintenance responsibilities prior to CITY entering STATE right of way. This permit will be issued at no cost to CITY.

3.2. Providing CITY’s contractor an Encroachment Permit from STATE upon application and approval, prior to the start of any work within STATE’s right of way.

4. LEGAL RELATIONS AND RESPONSIBILITIES

4.1. Nothing within the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not parties to this AGREEMENT or to affect the legal liability of a PARTY to the AGREEMENT by imposing any standard of care 4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
5 with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

4.2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY shall fully defend, indemnify and hold harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this AGREEMENT.

5. PREVAILING WAGES:

5.1. Labor Code Compliance- If the work performed under this AGREEMENT is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this AGREEMENT is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

6. INSURANCE

6.1. CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the TREE/EAGLE location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy 4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
6 of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

6.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this AGREEMENT.

7. TERMINATION – Notwithstanding CITY’s obligations set forth in Article 2.6 above, this AGREEMENT may be terminated by written consent of PARTIES or by STATE for cause or convenience. CITY’s failure to comply with the provisions of this AGREEMENT may be grounds for a Notice of Termination by STATE.

8. TERM OF AGREEMENT - This AGREEMENT shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 7 above.
4/20/2023
Project Specific Maintenance Agreement
With City of Porterville (TR 06-1-0010)
7 PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF PORTERVILLE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance and operations
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
4/20/2023

EXHIBIT A
1 4/20/2023

EXHIBIT A
2 4/20/2023

EXHIBIT A
3 4/20/2023

EXHIBIT A
4 4/20/2023

EXHIBIT A
5 4/20/2023

EXHIBIT A
6 4/20/2023

EXHIBIT A
7 4/20/2023

EXHIBIT A
8 4/20/2023
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF PORTERVILLE STATEMENT OF

SELF INSURANCE

Department of Transportation _______20__
1352 W. Olive Avenue
Fresno, CA 93728-4067
ATTN: Daniel Lum
RE: Statement of Self Insurance for City of Porterville Related to Tree/Eagle Project Specific Maintenance Agreement with State of California Department of Transportation (“STATE”) for the Tree/Eagle along Highway Route 190 at Westwood Street (PM 13.45)
Dear Mr. Lum,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 6 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER
|ÿ65
|ÿ190
WHITE
CHAPEL
AVE

PROSPECT ST

PORTER RD

NEWCOMB ST

MORTON AVE

SCRANTON AVE

OLIVE AVE

WESTWOOD ST
Transportation Art
Locator Map
Date Printed: 4/27/2022 by the Community Development Department 1 in = 2,500 feet ±
Project Location
City Limits

ROCK MULCH

ROCK BLANKET
LEGEND
06 Tul XX

BRADCOLE

LANDSCAPEARCHITECTURE

RAYMONDSEGURA
NOTE:FOR ACCURATE RIGHT OF WAY DATA, CONTACT RIGHT OF WAY ENGINEERING AT THE DISTRICT OFFICE. x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LASTREVISION

STATEOFCALIFORNIA-DEPARTMENTOFTRANSPORTATION

CHECKEDBY

CALCULATED-

DESIGNEDBY

REVISEDBY

DATEREVISED

PLANS APPROVAL DATELICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIORLANDSCAPEARCHITECT
TIMEPLOTTED=>
DATEPLOTTED=>
16:08
3-MAY-2023
R
THE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORTHE ACCURACY OR COMPLETENESS OF SCANNEDCOPIES OF THIS PLAN SHEET.

R
04-28-23
USERNAME => s117200
DGN FILE => 0619000026sj001.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 7/2/2010 UNIT 1501 PROJECT NUMBER & PHASE 06190000261 4/28/23
190 ???

XX-XX-XX

MICHELLEMAGGI

13.2/16.6
SCALE: 1"=50'

LANDSCAPE LAYOUT PLAN
LL-1
"RTE-190" LINE

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK MULCH

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET

ROCK BLANKET
476 SQFT
541 SQFT
80 SQFT
30 SQFT
436 SQFT
220 SQFT
297 SQFT
1,179 SQFT
707 SQFT
487 SQFT
391 SQFT
1,137 SQFT
170 SQFT
923 SQFT
1,144 SQFT
2,674 SQFT
525 SQFT
ROCK BLANKET330 SQFT
411 SQFT
SEE DETAIL LD-3CUT METAL AND PORCELAIN ENAMEL PANELS (TWIN EAGLES) 6 7 8 9 100 1 2 3 4 105 6 7 8 9 110
6 7
8 9
2 0
0 1
2 3
2 0
5 4
TCE
TCE
R/W
R/W
W/R
W/R

UTILITY EASEMENT
W/R
W/R
R/W
R/W
/W R/W R
TCE
PEC
PEC
PEC
R/W
ROUTE 190
W
E
S
T
W
O
O
D
S
t
"W
E
S
T
W
O
O
D
"
L
IN
E
Rt 132.18' "WESTWOOD" LINE 200+93.96END CUT METAL AND PORCELAIN ENAMEL PANELS (TWIN EAGLES) Lt 99.08' "RTE 190" LINE 101+49.16BEGIN CUT METAL AND PORCELAIN ENAMEL PANELS (TWIN EAGLES)

LANDSCAPE QUANTITIES
SHEET
SQFT
11,324

ROCK BLANKET
LL-1

ROCK MULCH
SQFT
707

4.81' Lt99+83.13 "RTE-190" LINEBEGIN WALL INSCRIPTION

4.81' Lt199+83.13 "WESTWOOD" LINEEND WALL INSCRIPTION

4.82' Rt199+64.47 "WESTWOOD" LINEBEGIN WALL INSCRIPTION

4.90' Rt100+17.03 "RTE-190" LINEEND WALL INSCRIPTION
B
RAD
R
.

Y
BUR COLE No
.
4 5
8 1
11/30/24
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SIGN POST
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EXPANSION JOINT
3"
PLAN
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A A
MORTAR

SECTION A-A

FLUSH W/ ADJACENT ROCK BLANKET
12" Dia MINOR Conc BROOM FINISH
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ROCK BLANKET BLOCK OUT AT SIGN POST
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SECTION

ROCK BLANKET AT SIDEWALK
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SECTION
¾" Min TO 3" Max

ROCK BLANKET AT CURB
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¾" Min TO 3" Max
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12" Dia MINOR Conc
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SECTION
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SIGN POST
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PULLBOX
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ROCK BLANKET AT PULLBOX

DEPTH OF

EXCAVATION
12"

SECTION

ROCK BLANKET
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SUBGRADE

COMPACTED
¾" Min TO 3" Max
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TOP OF PULLBOXTOP OF ROCK BLANKET FLUSH WITH ADJACENT

TOP OF ADJACENT ROCK SURFACES

EXPOSED ROCK SURFACES AFTER
1" Max SEPARATION BETWEEN
1" Max SEPARATION BETWEEN THE

ROCK (PLACE FLAT SIDE UP)
EMBED 50% TO 80% IN CONCRETE

MORTAR IS APPLIED

OF ROCK SURFACE AND TOP OF MORTAR
1" Min, 1½" Max BETWEEN THE TOP ¾" Min TO 3" Max
MORTAR

SIDEWALK
CURB

LANDSCAPE DETAILS
NO SCALE LD-1

XX-XX-XX
XX
4/28/23
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LASTREVISION

STATEOFCALIFORNIA-DEPARTMENTOFTRANSPORTATION

CHECKEDBY

DESIGNEDBY

CALCULATED-

REVISEDBY

DATEREVISED

PLANS APPROVAL DATELICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIORLANDSCAPEARCHITECT
TIMEPLOTTED=>
DATEPLOTTED=>
16:09
3-MAY-2023
R
COPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDOR AGENTS SHALL NOT BE RESPONSIBLE FORTHE STATE OF CALIFORNIA OR ITS OFFICERS R
04-28-23
USERNAME => s117200
DGN FILE => 0619000026sk001.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 7/2/2010 UNIT 1501 PROJECT NUMBER & PHASE 06190000261 06 Tul
LAND
SC
APE
A
RC
HIT
EC
TURE
190
B
RAD
COLE
RA
YM
ONDS
EGU
RA
MIC
HELLE
MA
GGI

13.2/16.6 ???

TRUCK APRON
B1-4 CURB
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SECTION

ROCK BLANKET AT TRUCK APRON
¾" Min TO 3" Max

MINOR CONCRETEMORTAR
LEGEND:

COMPACTED SUBGRADE
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MINOR Conc WAL
B
RAD
R
.

Y
BUR COLE No
.
4 5
8 1
11/30/24
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LASTREVISION

STATEOFCALIFORNIA-DEPARTMENTOFTRANSPORTATION

CHECKEDBY

DESIGNEDBY

CALCULATED-

REVISEDBY

DATEREVISED

PLANS APPROVAL DATELICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIORLANDSCAPEARCHITECT
TIMEPLOTTED=>
DATEPLOTTED=>
16:09
3-MAY-2023
R
COPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDOR AGENTS SHALL NOT BE RESPONSIBLE FORTHE STATE OF CALIFORNIA OR ITS OFFICERS R
04-28-23
USERNAME => s117200
DGN FILE => 0619000026sk002.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 7/2/2010 UNIT 1501 PROJECT NUMBER & PHASE 06190000261 06 Tul
LAND
SC
APE
A
RC
HIT
EC
TURE
190
B
RAD
COLE
RA
YM
ONDS
EGU
RA
MIC
HELLE
MA
GGI

13.2/16.6

XX-XX-XX
XX ???
4/28/23

LANDSCAPE DETAILS
NO SCALE LD-2

CENTRAL ISLAND
15'
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5.75'

ROCK MULCH
PLANTER WALL 6%

3.5%
1'

FILTER FABRIC MUST BE WRAP UP ALONG THE SIDES OF THE WALL CL

SECTION

ROCK MULCH

COMPACTED SUBGRADE

TOP OF ROCK MULCH FLUSH W/ ADJACENT SURFACE
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1'-0"

MINOR CONCRETE PLANTER
LOOP 24" O.C.# 4 BAR
4" Typ
(5) # 5 BAR HORIZONTAL CONTINUOUS

MINOR CONCRETE

COMPACTED SUBBASE

SECTION
2'-6"
6"
2'-9"

HEAVY BLAST TEXTURE
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1'-0"

ROCK BLANKET
30'-0"

HEAVY BLAST TEXTURE
B
RAD
R
.

Y
BUR COLE No
.
4 5
8 1
11/30/24
NO SCALE LD-3
1 1
0 0 2 3 4 5 6 7 8 9 10 11
3 2
5 4
7 6
9 8
11 10
13 12
14 12 13 14
16 15
17 ELEVATION
0" 3" 6" 9" 12" 15" 18" 21" 24" 27" 30"
3"
0"
9"
6"
15"
12"
18"
0" 3" 6" 9" 12" 15" 18" 21" 24" 27" 30"
0"
3"
9"
6"
15"
12"
18"
24"
21"

ELEVATION EAGLE A

ELEVATION EAGLE B
MIGHTY 190
PANEL

PORCELAIN ENAMEL

FULL COLOR
AMS-STD 25488POWDER COATEDALUMINUM EAGLE
PANELPORCELAIN ENAMELMIGHTY 190FULL COLOR
6" X 8"PANELARTIST RECOGNITION
FINISHWEATHERED METALCUT METAL TREE PANEL1/4" STEEL
Typ

ART PANEL

VOIDS IN
FG

SECTION
TREE PANELCUT METAL1/4" STEEL

EAGLE AEAGLE B
MIGHTY 190

PANELRECOGNITIONARTIST

SEE STRUCTURES SHEETSCONCRETE PAD AND FOOTING,

SHEETSSEE STRUCTURES
4 1 HHS 8x8x
AMS-STD 25488POWDER COATEDALUMINUM EAGLE

STRUCTURES SHEETS

AND FOOTING, SEE
POST, Typ
4 1 HSS 8x8x

XX-XX-XX
XX
4/28/23
???
NO SCALE LD-3
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LASTREVISION

STATEOFCALIFORNIA-DEPARTMENTOFTRANSPORTATION

CHECKEDBY

DESIGNEDBY

CALCULATED-

REVISEDBY

DATEREVISED

PLANS APPROVAL DATELICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIORLANDSCAPEARCHITECT
TIMEPLOTTED=>
DATEPLOTTED=>
16:09
3-MAY-2023
R
COPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDOR AGENTS SHALL NOT BE RESPONSIBLE FORTHE STATE OF CALIFORNIA OR ITS OFFICERS R
04-28-23
USERNAME => s117200
DGN FILE => 0619000026sk003.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 7/2/2010 UNIT 1501 PROJECT NUMBER & PHASE 06190000261 06 Tul
LAND
S
CAPE
A
RC
HITEC
TURE
190
B
RAD
COL
E
B
RIANN
A
GRAH
AM
RAY
MON
DSE
GURA

13.2/16.6

LANDSCAPE DETAILS
PLAN

TREE PANEL
4" STEEL CUT METAL 1
4 1 HHS 8X8X

SEE STRUCTURES SHEETS

CONCRETE PAD
NOTE: MIRRORED ON BOTH SIDES

0.125" THICKNESS

ALUMINUM EAGLE
FG
Typ
3/8" Dia ROD,

ALUMINUM EAGLE A ALUMINUM EAGLE B
Typ3/8" Dia ROD,

ARTIST RECOGNITION PANEL
SEE STRUCTURES SHEETS FOR CONNECTION OF CUT METAL TREE PANELS AND ALUMINUM EAGLES.NOTE (THIS SHEET ONLY):
*FONT TYPE TIMES NEW ROMAN OR EQUAL
FONT SIZE 24 POINTSFONT SIZE 36 POINTS

ALL CAPITALS
Brianna Graham
by

CUT METAL TREE PANELS
Jenna Salazar
by
MIGHTY 190

TWIN EAGLES BRONZE PLAQUE
(TWIN EAGLES)

CUT METAL AND PORCELAIN ENAMEL PANELS
3"Typ3" Typ3"Typ3" Typ
1' Typ
1'Typ
42"
30"1
6"
R=.25'
R=5.52'
R=.25'
54 POINTSSPACE SIZE
8"
6"
B
RAD
R
.

Y
BUR COLE No
.
4 5
8 1
11/30/22
B
RAD
R
.

Y
BUR COLE No
.
4 5
8 1
11/30/24

NO SCALE

LANDSCAPE DETAILS
LD-4
4/28/23
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LASTREVISION

STATEOFCALIFORNIA-DEPARTMENTOFTRANSPORTATION

CHECKEDBY

DESIGNEDBY

CALCULATED-

REVISEDBY

DATEREVISED

PLANS APPROVAL DATELICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIORLANDSCAPEARCHITECT
TIMEPLOTTED=>
DATEPLOTTED=>
16:10
3-MAY-2023
R
COPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDOR AGENTS SHALL NOT BE RESPONSIBLE FORTHE STATE OF CALIFORNIA OR ITS OFFICERS R
04-28-23
USERNAME => s117200
DGN FILE => 0619000026sk004.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 7/2/2010 UNIT 1501 PROJECT NUMBER & PHASE 06190000261 06 Tul
LAND
SC
APE
A
RC
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Item No. 12.

CITY COUNCIL AGENDA – JULY 18, 2023
SUBJECT: Sewer Utility Districts Annual Assessments Fiscal Year 2023-2024 SOURCE: Engineering and Project Management
COMMENT: At its meetings on April 16, 2013, October 15, 2013, February 3, 2016, and September 4, 2018, the City Council conducted Public Hearings for the formal formation of the Sewer Utility Districts for Areas 458, 455 A, 459 A & C, and 456 A, B & C and E. Henderson Avenue respectively. These four districts were completed by the City and Resolutions were approved to send the annual assessments to the Tulare County Auditor-Controller/Treasurer-Tax Collector office for repayment to the City.

The assessments, once approved by the Council, are placed upon the tax bill benefiting property owners as a special assessment, and collected by Tulare County. The assessment process must be fully filed with Tulare County by August 10, 2023, for the 2023-2024 tax year. Tulare County requires annual Resolutions from the Council in order to accept the annual assessments.

Assessments are based on the final construction costs, sewer laterals and construction management.

Area 455 A Sewer Utility Districts Assessment includes 216 parcels at a total assessed cost of $42,435.32. This upcoming fiscal year is also the tenth year of the 30-year Assessment period.

Areas 456 A, B, & C and E. Henderson Avenue Assessment includes 198 parcels at a total assessed amount of $62,441.50. This is the fourth year of the 30-year Assessment period.

Area 458 Sewer Utility District Assessment includes 382 parcels at a total assessed amount of $82,757.36. The upcoming fiscal year will be the tenth of the 30-year Assessment period.

Areas 459 A & C Sewer Utility Districts Assessment includes 319 parcels at a total assessed amount of $56,621.12. This is the eighth year of the 30-year Assessment period.

The Districts were formed to allow property owners to reimburse the City over thirty (30) years at three percent (3%) interest. The total amounts received from prior year assessments as well as voluntary pre-payments are as follows:

Fiscal Year
Assessments
Assessment
Revenue
Voluntary PrePaymentsCurrent
Delinquencies
2014/2015 $126,276.45 $130,032.42 $0.00
Item No. 12.
2015/2016 $126,603.98 $69,048.43 $0.00
2016/2017 $185.089.50 $15,259.88 $78.68
2017/2018 $183,773.89 $21,973.81 $681.31
2018/2019 $182,080.78 $4,003.33 $1,172.96
2019/2020 $182,032.68 $69,693.20 $730.70
2020/2021 $241,837.74 $20,315.12 $3,101.11
2021/2022 $240,335.24 $6,431.26 $4,955.18
2022/2023 $234,251.09 $9,373.03 $11,035.09
Totals: $1,702,281.35 $346,369.48 $21,755.03
Staff is recommending that the City Council adopt the attached draft Resolutions approving the annual assessments for the 2023-2024 tax year.

RECOMMENDATION: That the City Council adopt the draft Resolutions ordering the continued sewer district assessments for the 2023-2024 tax year.

ATTACHMENTS: 1. Attachment A - Direct Charge (Special Assessment) Control

2. Attachment B - Authority to Approve Direct Charge
(Special Assessment) Changes

3. Attachment C - Compliance Certification and Hold
Harmless Statement

4. Draft Resolution - Area 455 Special Assessments

5. Draft Resolution - Area 456 Special Assessments

6. Draft Resolution - Area 458 Special Assessments

7. Draft Resolution - Area 459 Special Assessments

8. Locator Map - Area 455

9. Locator Map - Area 456

10. Locator Map - Area 458

11. Locator Map - Area 459
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
TULARE COUNTY AUDITOR-CONTROLLER Attachment A

DIRECT CHARGE (SPECIAL ASSESSMENT) CONTROL
DATE: ___________________________
TO: Tulare County Auditor-Controller
Property Tax Section
Courthouse, Room 101-E
Visalia, CA 93291
FROM: Agency ____________________________________________ Address ____________________________________________
City, State, Zip ______________________________________ Contact Person, Phone ________________________________
Hours Contact Person is available ________________________ E-mail (if available) ____________________________________ Check items included:
_____ 1. Resolution (s) stating compliance with code and that the charge is without regard to property valuation.
_____ 2. Change authorization sheet.
_____ 3. Parcel listing. (not required if submitting electronically) Fund/Charge Control
Tax Code Fund Name __ Parcel Count Amount________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
Attach additional control sheets if necessary.

July 18, 2023
City of Porterville
291 N Main Street
Porterville, CA 93257
Daniel Cervantez, (559) 782-7462
M-F 8:00 am- 5:00 pm
[email protected]
X
X
52531 PTV455SEWER 216 $42,435.32
52531 PTV456SEWER 198 $62,441.50
52531 PTV458SEWER 382 $82,757.36
52531 PTV459SEWER 319 $56,621.12
Attachment B

TULARE COUNTY AUDITOR-CONTROLLER

AUTHORITY TO APPROVE DIRECT CHARGE (SPECIAL ASSESSMENT)

CHANGES
DISTRICT/AGENCY ________________________________________________ The following persons are authorized to approve changes to our Agency’s Special Assessment:

TYPED NAME_______________________ SAMPLE SIGNATURE_________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ Agency Official Date
_____________________________________
Title
City of Porterville
John D Lollis
Daniel Cervantez
City Engineer
Attachment C
Compliance Certification and Hold Harmless Statement
The City of Porterville certifies the following:

I have read and am familiar with the requirements of Article XIIIC and XIIID of the State Constitution as revised by Proposition 218, including the articles cited below, and believe that all of the taxes, assessments, levies and fees accompanying this submission to the County Auditor-Controller for inclusion on the secured property tax roll are in compliance with the law.

Article XIIIC. Sec. 2 c. “Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision b.”
Article XIIIC. Sec. 2 d. “No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved.” Article XIIID. Sec. 5. “…this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article.”
Article XIIID. Sec. 6 d. “Beginning July 1, 1997, all fees or charges shall comply with this section.” In addition, the City/District agrees that it shall be solely liable and responsible, and will defend and hold the County harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City/District by the County; and
The City/District shall be solely liable and responsible, and will defend and hold the County and the County Auditor harmless from any and all legal fees or other costs incurred related to such a claim.

Approved by the governing Board on _____________________________________________________ Date
_____________________________________________ ____________________________ City Manager Date
July 18, 2023