Porterville City Council
November 7, 2023

City Council Agenda November 7, 2023

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 7, 2023, 5:30 PM
The City of Porterville is allowing for electronic viewing of 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 as a courtesy using the following information
City of Porterville – City Council Meeting of November 7, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85783714524?pwd=Pjj3ASlQT8pbBjffdBuBvGNGvJyDuA.VhYd6VZ78 9RjJIAa
Or via Telephone: 1-669-900-6833 Webinar ID: 857 8371 4524 Passcode: 390416 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 54956.8 – Conference with Real Property Negotiators/Property: 53 North Main Street, Porterville, CA. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Sam Zenz. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 268-100-005. Agency Negotiators: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Thomas J. and Deborah L. O' Sullivan Trust. Under Negotiation: Terms and Price.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Eduardo Velasquez. Agency claimed against: City of Porterville.

City Council Agenda November 7, 2023

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Four (4) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Flores
Invocation

PRESENTATIONS
Police Department's Special Methods and Resources Team

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

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

I. Staff Informational Reports
Charitable Car Washes Quarterly Report Calendar Year 2023 Code Enforcement Quarterly Report FY 2023-2024 (July - September 2023) Golf Course Quarterly Report FY 2023-2024 (July - September 2023) OHV Park Quarterly Report FY 2023-2024 (July - September 2023) Building Permit Activity Quarterly Report FY 2023-2024 (July - September 2023) Street Performance Measure Quarterly Report FY 2023-2024 (July - September 2023) City Commission and Committee Attendance Quarterly Report FY 2023-2024 (July - September 2023)
City Council Member Appointments Attendance Quarterly Report FY 2023-2024 (July - September 2023)
Proclamation Issuance Quarterly Report FY 2023-2024 (July - September 2023)

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

City Council Agenda November 7, 2023

1. Approval of Draft Minutes of July 18, 2023, October 3, 2023, and October 17, 2023 Re: Considering approval of the City Council draft Minutes of July 18, 2023, October 3, 2023, and October 17, 2023.

2. Request to Purchase Communication Equipment
Re: Consideration to approve the purchase of ten (10) BKR500-P Series Portable Radios, including necessary accessories, from Cooks Communications for $26,505.99 plus a ten percent (10%) contingency totaling $29,156.59.

3. Authorization to Execute an Agreement with Jaxon Enterprises Re: Authorization to enter into an Agreement with Jaxon Enterprises to purchase asphalt grindings as a credit towards materials purchased for City self-performed street maintenance.

4. Donation of Non-Serviced Self-Contained Breathing Apparatus to the Porterville College Fire Academy
Re: Consideration of approval of the donation of seventeen (17) SCBAs and twenty-six (26) air cylinders to the Porterville College Fire Academy.

5. Award of Contract - On-Call Right-of-Way and Appraisal Consulting Services Re: Considering authorization to negotiate on-call contracts with Hamner, Jewell, & Associates, Interwest Consulting Group, and Paragon Partners for right-of-way acquisition services, and with The Dore Group, Hopper Company, and Desmond, Marcello & Amster for appraisal services.

6. Acceptance of Project - Island Annexation 474B Sewer Project Re: Accepting the project as complete from Todd Companies consisting of the installation of 6,872 lineal feet of 8" and 6" diameter sewer mains, twenty-four (24) sewer manholes, and 107 sewer laterals.

7. Authorization to Execute Cooperative Agreement with Tulare County Association of Governments and the Tule River Tribe
Re: Consideration of entering into a Cooperative Agreement with the Tulare County Association of Governments and the Tule River Tribe for the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project.

8. Authorization to Execute Consultant Agreement - Emergency Operations Center & Public Safety Headquarters
Re: Consideration to approve a Consultant Service Agreement with COAR Design Group for the design of the Emergency Operations Center & Public Safety Headquarters in an amount not to exceed $197,400.

9. Fleet Management Software Renewal
Re: Considering approval to renew a one-year service contract for fleet management software with Ron Turley Associates in the amount of $12,512.00.

10. Request for Approval to Renew Vast Networks Internet Services Re: Consideration to approve the purchase of Vast Networks fiber internet services at a cost of $14,400 annually for three years.

11. Authorization to Execute Consultant Agreement - Skatepark Improvement Project Re: Consideration of a Consultant Service Agreement for the Skatepark Improvements Project with Spohn Ranch, Inc., in the amount of $190,000.

City Council Agenda November 7, 2023

12. Authorization to Execute Consultant Agreement - Golf Course Driving Range Netting Project
Re: Consideration to authorize the approval to execute the Consultant Service Agreement for the Golf Course Driving Range Netting Project located at the Porterville Municipal Golf Course, with Judge Neeting, Inc. in an amount not to exceed $247,000.

13. East Porterville Water Connection Second Dwelling Unit Re: Consideration of approving a second water service connection located at 1513 E. Roby Avenue.

14. Consent to Sublet - Lot No. 34F at the Porterville Municipal Airport Re: Consider authorization to sublet the airport hangar on Lot No. 34F at the Porterville Municipal Airport commencing on October 1, 2023.

15. Consent to Sublet - Lot No. 35 at the Porterville Municipal Airport Re: Consideration to authorize the subleasing of airport hangar #3 on Lot No. 35 at the Porterville Municipal Airport commencing October 1, 2023.

16. Financial Status Reports
Re: Acceptance of the City's Financial Status Reports.

17. Quarterly Investment Portfolio
Re: Acceptance of the Quarterly Investment Portfolio Summary Report.

18. Approval of Community Civic Event - Tule River Tribe - Tule River Veterans Powwow Overnight Camping - November 10 - 12, 2023
Re: Consideration of approval of a Community Civic Event application submitted by the Tule River Tribe to use the Porterville Sports Complex for overnight camping during the Tule River Veterans Powwow to take place November 10-12, 2023.

19. Approval of Community Civic Event - Sunnyside School - Run 4 A Reason - November 18, 2023
Re: Consideration to approve the Community Civic Event application submitted by Sunnyside School to a "Run 4 a Reason" event on November 18, 2023, from 8:00 AM to 12:00 PM at the Porterville Sports Complex.

20. Approval of Community Civic Event - Rotary Club of Porterville and Porterville Chamber of Commerce - Children's Christmas Parade - November 30, 2023 (Alternatively on December 7, 2023, in the Event of Rain) Re: Consideration to approve the Community Civic Event Application submitted by the Rotary Club of Porterville and the Porterville Chamber of Commerce to hold the Children's Christmas Parade on November 30, 2023, or on December 7, 2023, in the event of rain on November 30, 2023, from 7:00 p.m. to 9:00 p.m.

21. Request for Street Closure: 29th Annual Myers Christmas Memorial Tree Lighting - December 12, 2023
Re: Approval of annual event to be held on Tuesday, December 12, 2022, from 5:00 p.m. to 9:00 p.m. at 248 North "E" Street.

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

City Council Agenda November 7, 2023

SCHEDULED MATTERS

23. Review Process for Fireworks Sales
Re: Council to provide direction on the process by which fireworks sales are conducted annually within the city of Porterville.

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 Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - October 16, 2023 (report continued)

2. Tulare County Task Force on Homelessness - October 18, 2023

3. Tulare County Economic Development Corporation (TCEDC) - October 25, 2023

4. Internal City Audit Committee - October 25, 2023

5. Porterville Area Development Authority - October 27, 2023

6. Easter Tule Groundwater Sustainability Agency (ETGSA) Board - November 2, 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.

ADJOURNMENT - to the meeting of November 21, 2023, at 5:30 P.M.

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

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

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

CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Charitable Car Washes Quarterly Report Calendar Year 2023 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-30 of the City Code allows up to four car washes by a charitable organization in a calendar year.

For the period of January 1 to September 30, 2023, there have been no charitable car wash applications received or permits issued.

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

Review By:

Department Director:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The name and address of the permit holder;

2. The date for which the permit is valid;

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

4. A permit number; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Code Enforcement Quarterly Report FY 2023-2024 (July - September 2023) SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between July 1, 2023 through September 30, 2023. During the 1st quarter of fiscal year 2023/2024, each Department of the City contributed towards recording 905 code enforcement issues. Of these, 627 were corrected and 278 were continued into the 2nd quarter of 2023/2024 for additional corrective action. The Code Enforcement Division issued 101 Administrative Citations.

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

During the past quarter, Code Enforcement received twenty-one (21) complaints specific to recreational vehicles, boats, and trailers, of which thirteen (13) had been completed at the time of this report.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Code Enforcement Quarterly Report (July - September 2023)
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
Code Enforcement Report, Quarter 2, FY 22-23
Q1 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 67 52 77.61% $100 31 0 0 0 $3,100 Animals- agricultural animals 5 4 80.00% $200 2 0 0 0 $400 Animals- barking dogs 16 10 62.50% $500 13 0 0 0 $6,500 Animals- keeping too many or unauthorized species 3 3 100.00% $1,000 12 0 0 0 $12,000 $2,500 42 0 0 0 $105,000
Animals- roosters 3 1 33.33% $5,000 1 0 0 0 $5,000
Building Department/ Permits 32 9 28.13% FY 23-24 Total Assesment 101 0 0 0 $132,000 Business License Inquiries 3 2 66.67%
CEO, Business License 6 6 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Shopping Carts 49 49 100.00% Collected 126 0 0 0 126 CEO, Sign Removal 116 116 100.00% Disposed (Lbs.) 700 0 0 0 700 Code Enforcement, General 55 37 67.27%
Community Development, General or MULTIPLE violations 20 7 35.00% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Engineering 4 0 0.00% Voluntary Abatement 40 0 0 0 40
Fences and freestanding walls 1 0 0.00% Certified Voluntary Abatement 0 0 0 0 0 Fireworks 1 0 0.00% Towed 5 0 0 0 5
Garbage Collection/ Illegal Dumping 16 3 18.75% Total Vehicles Abated 45 0 0 0 45 Graffiti 8 8 100.00%
Health Hazard 11 0 0.00%
Housing Issue (Structure Related) 2 1 50.00% Weed Abatement Q1 Q2 Q3 Q4 Total Itinerant Vendor, Solicitor, Peddler 25 25 100.00% Properties Noticed 47 0 0 0 47 Landscaping/trees- private property 14 7 50.00% Completed by Owner 34 0 0 0 34 Meter Request 52 3 5.77% Assigned to Contractor (private) 0 0 0 0 0 Neglected property/trash & debris 7 4 57.14% Completed by Contractor 0 0 0 0 0 Outdoor Storage 4 2 50.00% Admin Citations 11 0 0 0 11
Parking Issue 1 0 0.00%
Parks 10 7 70.00%
Police/ Traffic Enforcement 57 47 82.46%
Potholes 20 18 90.00%
Redevelopment 1 0 0.00%
Refuse Can Replacement / Repair 12 6 50.00%
Report Leak 36 25 69.44%
Sheds or second units 1 0 0.00%
Sidewalk Condition 8 3 37.50%
Signs- In Public Right of Way 2 0 0.00%
Signs- Maintenance Issues 1 1 100.00%
Signs- Temporary 1 1 100.00%
Stop Light Issue 18 14 77.78%
Storm Water 1 1 100.00%
Code Enforcement Report, Quarter 2, FY 22-23
Street Light Issue 6 1 16.67%
Street Sweeping 2 2 100.00%
Vehicles- cars for sale 1 1 100.00%
Vehicles- inoperable vehicles 25 9 36.00%
Vehicles- Parked on lawn 8 6 75.00%
Vehicles- RVs/boats/etc 21 13 61.90%
Water Waste 28 16 57.14%
Water Waste NOV 71 71 100.00%
Weed Abatement 52 34 65.38%
Yard Sales, Frequent 2 2 100.00%
Q1 Total 905 627 57.74%
Item No.

CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Golf Course Quarterly Report FY 2023-2024 (July - September 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes. The report reflects the First Quarter (July- September) for Fiscal Year 2023-2024.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Golf Course Quarterly Report (July - September 2023) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jul-22 Jul-23 Aug-22 Aug-23 Sep-22 Sep-23
Golfers 2321 1951 2139 2039 2108 1766
Repeat 9/Twilight 1446 690 1190 697 1154 614
Tickets Used 850 772 916 849 834 795
Passes Sold 35 42 54 51 35 53
Carts 1015 821 946 829 870 793
Footgolf 0 0 0 0 $220 $300
Total 23,128.00 $ 25,055.00 $ 20,681.00 $ 25,723.00 $ $19,848.00 $22,888.00 * Repeat 9: Additional 9 hole rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole

PORTERVILLE GOLF COURSE STATISTICS
CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: OHV Park Quarterly Report FY 2023-2024 (July - September 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the OHV Park for informational purposes. The report reflects the First Quarter (July- September) for Fiscal Year 2023-2024.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. OHV Park Quarterly Report (July - September 2023) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jul-22 Jul-23 Aug-22 Aug-23 Sep-22 Sep-23
Riders 191 87 104 44 91 0*
Revenue $4,625.00 $2,175.00 $2,610.00 $1,110.00 $2,225.00 $0.00 *The OHV Park closed August 20 as the California State OHV Park grant ended.

Staff is directing its attention now to the development of a new OHV Park on City-owned property 2 miles southwest of the former OHV Park.

PORTERVILLE OHV RIDERSHIP
CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Building Permit Activity Quarterly Report FY 2023-2024 (July - September 2023)
SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of July, August, and September 2023. The two main categories include new residential permits issued and new commercial permits issued.

First Quarter of FY 2023-2024 compared to First Quarter of FY 2022-2023 New residential permits issued during the first quarter of FY 2023-2024 (14) are up 27.27% from the first quarter of FY 2022-2023 (11). New commercial permits issued during the first quarter of 2023-2024 (1) show no change from the first quarter of 2022-2023 (1).

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

2. Building Permit Activity - August 2023

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

Review By:

Department Director:

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

Item No.

CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Street Performance Measure Quarterly Report FY 2023-2024 (July - September 2023)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the first quarter of FY 2023-2024 (July - September 2023). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street repairs and pothole repair efforts during this third quarter reporting period. The Main Street Reconstruction Project (Olive Avenue to Morton Avenue) was awarded with paving work scheduled to be completed before Veterans Day. The Villa Street reconstruction (Olive Avenue to Henderson Avenue) has been awarded and is set to begin construction imminently. Newcomb Street reconstruction (Olive Avenue to Porter Slough), Villa Street reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) reconstruction, Montgomery Avenue reconstruction (Jaye Street to H Street), and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2023-2024 Level of Service Progress Report: 1st Quarter Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
2023/2024 Level of Service Report 1st QUARTER REPORT - July 1, 2023 - September 30, 2023 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 23/24: 16,181 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 23/24: 13,984 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 09/30/2023
1st QUARTER REPORT - July 1, 2023 - September 30, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2023-2024\2023-2024 Level of Service Progress Report 1st quarter.xls CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2023-2024 (July - September 2023)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the first quarter FY 2023-2024 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• CDBG Advisory & Housing Opportunity Committee
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions and Use Tax Oversight Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. CDBG Advisory and Housing Opportunities Committee

4. Library & Literacy Commission

5. Parks & Leisure Services Commission

6. TUTOC
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Animal Control Commission As of September 30, 2023
Attendance Records
2023 2023 2023 2023 2023 2023 2023
13-Jul Notes:

Kathy Guinn P
Jerry Hall P
Kat Harris P
Shawn Schwartzenberger P
Lacy Goodlett P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2022 2022 2022 2022 2022 2023 2023
May June July 11-Aug 13-Oct 12-Jan 13-Apr Notes:

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

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

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

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

No meetings held due to COVID.

Arts Commission As of September 30, 2023
Attendance Records
2023 2023 2023 2023 2023 2022 2023 2023
25-Jul 24-Oct
Kyree Perkins P P
Emily Luna P A
Maria Menga A A
Dawn Bennett
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling.

CDBG Citizens' Advisory and Housing Opportunity Committee As of September 30, 2023 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 Pat Contreras P P P P
Linda Mendez P P P A
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A
Isabel Olmos P P
Rebecca Contreras P P
Yalimar Garcia P
Jacqueline Verduzco Alanis P
* No meeting was held due to COVID.

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

LIBRARY & LITERACY COMMISSION - Attendance Record As of September 30, 2023 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2023 2023 2023 2023 2023 2023 2023 2024 2024 2024
June July Aug Sept Oct Nov Dec Jan Feb Mar
P
A
P
P
A
P
P
*Attended via Zoom as non-voting member.
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May

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

P P P P P P P P P P

P P P P P P P P P P

P P P P P P P A A P

P P P P P A A P

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

P P P P P P P P

P P P P P P P P

P P P P P P P P

P E P E P P P P

P P P P P P P P

P P P E P P P P
P

P P P P P E P
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
P E P P P P ** P
P P P P P P ** P
P P P P P P ** P
P E P P P P ** P
P P P P P P ** P
P P P P P E ** P
P P P P P P ** E
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Leslie Pelon
Patience Christenson
Kim Baumgardner
Susan Uptain
Catherine May
Esther Figueroa
Edith La Vonne
PARKS & LEISURE SERVICES COMMISSION As of September 30, 2023

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

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

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

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

Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of September 30, 2023 Attendance Records
2022 2022 2023 2023 2023
25-Aug 17-Nov 16-Feb 25-May 24-Aug
John Simonich P P A P P Term expires 5/2026
Margaret Stinson P P P P P Term expires 5/2024
John Billiou P P A P P Term expires 5/2026
Jerry Hall P P P P P Term expires 5/2026
Janice Kovars P P P P P Term expires 5/2024
Shawn Byars P A P A P Term expires 5/2026
Joshua Sulier A P P P P Term expires 5/2024
Angela Dennis P A P A A Apptd 12/20; Term exp 5/2024
Rae Dean Strawn P P A P A Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. A P P P P Apptd 07/19; Term exp 5/2024 * Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A *
Margaret Stinson P P P A P P *
Russell "Buck" Fletcher P P P P P P *
John Angell A A A P P P *
Mike Boudreaux Sr. A P P P P A *
Virginia Gurrola P P P A
John Billiou P P A P P P *
Jerry Hall P P P P P P *
Janice Kovars P P P P P P *
Shawn Byars P P P P P P *
Joshua Sulier P *
* Meeting cancelled
Item No.

CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2023- 2024 (July - September 2023)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members are appointed. This report represents attendance at meetings during the first quarter of FY 2023-2024 (July through September 2023).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Quarterly Report (July - September 2023) Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Committee/Board Member/Alternate July August September
Ad Hoc Committee- COVID-19 Kellie Carrillo - Member
Greg Meister - Member
Ad Hoc Committee - General Plan Don Weyhrauch - Member
Kellie Carrillo - Member
Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member Regulation of Marijuana Raymond Beltran - Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 8/17 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member
Greg Meister - Member
Eastern Tule Groundwater Don Weyhrauch - Member 9/7 P
Sustainability Agency JPA (ETGSA) Michael Knight - Alternate 8/3 P Internal City Audit Committee Martha Flores - Member 7/26 P 8/30P 9/27 P Kellie Carrillo - Member 7/26 P 8/30 P 9/27 P
Joint City/School District Committee Kellie Carrillo - Member Greg Meister - Member
Raymond Beltran - Member 7/5 P 8/2 P 9/6 P
Claudia Calderon - Alternate
Mighty 190 Committee Kellie Carrillo - Member 7/19 P 9/20A Greg Meister - Member 7/19 P 9/20 P
Don Weyhrauch - Member 8/18 A 9/15 P
Raymond Beltran - Member 8/18 P 9/15 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Special City Selection Don Weyhrauch - Member Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores - Member Martha Flores - Member 8/21 P 9/18 P
Greg Meister - Alternate
Martha Flores - Member
Tulare County City Selection Mayor - City Member
Committee Designee - Alternate
Martha Flores - Member 7/26 P 8/23 P 9/27 P
John Lollis - Alternate
Don Weyhrauch - Member 7/17 P 9/18 P
Raymond Beltran - Alternate 8/21 P
Tulare County Taskforce on Homelessness Martha Flores - Member 7/19 P Claudia Calderon - Alternate 9/20 P
Tule River Improvement JPA Don Weyhraruch - Member 7/10 P Michael Knight - Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
City Council Attendance - FY 2023-2024 First Quarter Report July 1, 2023 through September 30, 2023
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee (LINC)
Item No.

CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Proclamation Issuance Quarterly Report FY 2023-2024 (July - September 2023) SOURCE: Administrative Services

COMMENT
: In accordance with City Council direction, staff is herein providing a report on Proclamation Requests that were processed during the months of July, August, and September 2023.

Date Requesting Party Topic Grantor
8/1/23 Blessings of Liberty Parental Rights Council Member Meister 9/17/23 Alta Mira Chapter, NSDAR Constitution Week Mayor Flores 9/22/23 Vice Mayor Carrillo Cal. Native American Day Vice Mayor Carrillo RECOMMENDATION: Information Only
ATTACHMENTS: 1. Proclamation Request Process - City Council Procedural Handbook

2. Proclamation Request - Parental Rights - 2023

3. Proclamation - Parental Rights - 2023

4. Proclamation Request - Constitution Week - 2023

5. Proclamation - Constitution Week - 2023

6. Proclamation Request - California Native American Day - 2023

7. Proclamation - California Native American Day - 2023 Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Excerpt from the CITY COUNCIL PROCEDURAL HANDBOOK
G. Requests for Proclamations
The City routinely receives requests for proclamations. Proclamations are ceremonial statements which do not convey legislative action. Each individual Council Member has the authority to grant and sign proclamations. Within one business day of receipt of a Request for Proclamation, staff shall scan and email the request to all City Council Members. In the event a Council Member is interested in granting the request, they shall notify staff of their interest. If more than one Council Member responds, the first responsive notification received by staff shall be the grantor. Upon receipt of the affirmative response, staff shall advise the remaining Council Members and inquire whether they would also like to sign the proclamation. The Council shall have one business day to reply, after which the proclamation will be drafted with the appropriate number of signature blocks, and the grantor and signers shall be notified of its availability for signature.

The signed proclamations will be made available in the Office of City Clerk for pick up by the requestor, unless arrangements have been made for presentation at a certain event.

Proclamations shall not be included on the Council Agenda nor presented at a Council Meeting unless so approved by a majority of the Council. Staff shall provide a monthly informational report to the City Council identifying the proclamations granted for the preceding month.

Item No.

1. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Approval of Draft Minutes of July 18, 2023, October 3, 2023, and October 17, 2023
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of July 18, 2023, October 3, 2023, and October 17, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of July 18, 2023, October 3, 2023, and October 17, 2023.

ATTACHMENTS: 1. Draft Minutes of 07-18-23

2. Draft Minutes of 10-03-23

3. Draft Minutes of 10-17-23
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JULY 18, 2023, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Councilmember Greg Meister, Councilmember Raymond Beltran, Councilmember 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 54956.95 – 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.
7 - Government Code Section 54957 - Public Employee Performance Evaluation - Title: City Attorney.
6:37 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

A-2. On a MOTION made by Councilmember Weyhrauch, and SECONDED by Councilmember Beltran the City Council unanimously rejected the claim filed by Somboune Ballew.

Documentation: M.O. 01-071823
Disposition: Claim rejected.

The Pledge of Allegiance was led by Councilmember Greg Meister.

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

PRESENTATIONS

 Employee Service Awards
Darrell Locke
Carlos Ochoa
Jake Castellow
 Recognition of new Central Valley Recreational Swim League Record Holders - Girls 13/14 200 Yd Medley Relay – Rylee Medina, Regan Hildreth, Samantha Dolan, and Hayden Cardoza; and
Girls 13/14 50 Yd Breaststroke – Regan Hildreth

ORAL COMMUNICATIONS
 Jane Dignam, Porterville, spoke of her concern regarding ADA issues on Main Street.  Stacey Fleishman, Porterville, stated she is also concerned of the ADA issues on Main Street and lack of accessible parking slots for ADA.
 Dr. Larrain Torrez, Porterville Chamber of Commerce, reported on the welcoming of new members to the chamber and invited everyone to the following events: Lunch and Learn, Cyber Security Workshop, First Friday Coffee, and a Ribbon Cutting Event.  Brock Neeley, Porterville, provided Council with voter registration data for the city of Porterville, and voiced concern with a social media posting made by Councilmember Meister.

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 (Summer Hiatus)

2. Library & Literacy Commission (Summer Hiatus)

3. Arts Commission – no report was provided.

4. Animal Control Commission – no report was provided.

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
Mayor Flores and Councilmember Meister both noted conflicts of interest on Item No. 12.

Councilmember Weyhrauch noted a conflict of interest on Item No. 13.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Councilmember Beltran that the City Council approve Items Nos. 1-19. The motion carried unanimously, with noted conflicts.

1. APPROVAL OF 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.

Documentation: M.O. 02-071823
Disposition: Approved.

2. AUTHORIZATION TO REPAIR REFUSE TRUCK FRONT AXLE
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.

Documentation: M.O. 03-071823
Disposition: Approved.

3. AUTHORIZATION TO ADVERTISE FOR BIDS - NORTH TURNOUT AND

GROUNDWATER RECHARGE BASIN
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.

Documentation: M.O. 04-071823
Disposition: Approved.

4. AUTHORIZATION TO ADVERTISE FOR BIDS - FIRE STATION 72

CLASSROOM REMODEL
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.

Documentation: M.O. 05-071823
Disposition: Approved.

5. AUTHORIZATION TO DISTRIBUTE REQUEST FOR QUALIFICATIONS TO

ADD TO THE CURRENT LIST OF ON-CALL ENGINEERING SERVICES

CONSULTANTS
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.

Documentation: M.O. 06-071823
Disposition: Approved.

6. AUTHORIZATION TO NEGOTIATE A CONSULTANT CONTRACT - SELF

EVALUATION AND TRANSITION PLAN
Recommendation: That the City Council:

1. Authorize staff to negotiate a scope of services contract with Sally Swanson Architects, Inc.; and

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.

Documentation: M.O. 07-071823
Disposition: Approved.

7. AUTHORIZATION TO NEGOTIATE A CONSULTANT CONTRACT -

EMERGENCY OPERATIONS CENTER & PUBLIC SAFETY HEADQUARTERS 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.

Documentation: M.O. 08-071823
Disposition: Approved.

8. ACCEPTANCE OF GRANT DEEDS FOR THE VILLA STREET

RECONSTRUCTION PROJECT
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.

Documentation: Resolution No. 32-2023, Resolution No. 33-2023, Resolution No. 34-2023, Resolution No. 35-2023, Resolution No. 36-2023
Disposition: Approved.

9. CONSIDERATION OF REALLOCATION OF FUNDS FOR DEVELOPMENT

ORDINANCE UPDATE
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.

Documentation: M.O. 09-071823
Disposition: Approved.

10. OPERATION OF NAVIGATION CENTER REQUEST FOR PROPOSALS 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.

Documentation: M.O. 10-071823
Disposition: Approved.

11. STATE ROUTE 190 AND WESTWOOD STREET ROUNDABOUT

TRANSPORTATION ART MAINTENANCE AGREEMENT
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.

Documentation: M.O. 11-071823
Disposition: Approved.

12. SEWER UTILITY DISTRICTS ANNUAL ASSESSMENTS FISCAL YEAR 2023-

2024
Recommendation: That the City Council adopt the draft Resolutions ordering the continued sewer district assessments for the 2023-2024 tax year.

Documentation: Resolution No. 37-2023, Resolution No. 38-2023, Resolution No. 39-2023, Resolution No. 40-2023
Disposition: Approved.

13. PRELIMINARY ANNUAL ENGINEER'S REPORT OF ASSESSMENTS FOR

LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS AND SETTING A

PUBLIC HEARING
Recommendation: That the City Council:

1. Adopt a draft Resolution ordering the preparation of an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2023-2024 Fiscal Year;

2. Adopt a draft Resolution giving preliminary approval to the Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2023-2024 Fiscal Year;

3. Adopt a draft Resolution declaring the intent to levy and collect assessments for the 2023-2024 Fiscal Year, and offering a time and place for hearing objections thereto; and

4. Schedule a Public Hearing for August 1, 2023 at 4:00 P.M., regarding the Engineer's Report and proposed assessments for the Landscape and Lighting Maintenance Districts for the 2023-2024 Fiscal Year.

Documentation: Resolution No. 41-2023, Resolution No. 42-2023, Resolution No. 43-2023 Disposition: Approved.

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
Recommendation: That the City Council:

1. Adopt the 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; and

2. Adopt the draft Resolution giving preliminary approval to the Engineer's Reports; and

3. Adopt the draft Resolution declaring intent to form districts, levy and collect assessments, and setting a Public Hearing for August 1, 2023.

Documentation: Resolution No. 44-2023, Resolution No. 45-2023, Resolution No. 46- 2023

Disposition: Approved.

15. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 40
Recommendation: That the City Council:

1. Approve the Assignment of Lease for Lot No. 40 at the Porterville Municipal Airport from Dana Gillespie and Susan Peck to Matthew A.

Quatacker; and

2. Authorize the Mayor to sign the Lessor's Consent to Assignment of Lease Agreement on behalf of the City.

Documentation: M.O. 12-071823
Disposition: Approved.

16. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE KIWANIS CLUB - VENDOR MARKET - JULY 22, 2023
Recommendation: That the City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Vendor Market on July 22, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 13-071823
Disposition: Approved.

17. APPROVAL OF COMMUNITY CIVIC EVENT - AMERICAN CONSERVATORY - THE MECCA GRAND RE-OPENING - AUGUST 5, 2023
Recommendation: That the City Council approve the Community Civic Event application from American Conservatory to hold "The Mecca Grand Re-opening" on August 5, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 14-071823
Disposition: Approved.

18. AUTHORIZATION OF STREET CLOSURES FOR THE NATIONAL NIGHT OUT AND KJUG FREE SUMMER CONCERT COMMUNITY EVENT ON AUGUST 1, 2023
Recommendation: That the City Council authorize the closure of streets for the National Night Out and KJUG Free Summer Concert community event on August 1, 2023.

Documentation: M.O. 15-071823
Disposition: Approved.

19. 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. 16-071823
Disposition: Approved.

SCHEDULED MATTERS

20. CONSIDERATION OF PORTERVILLE NAVIGATION CENTER EXPANSION Recommendation: That the City Council provide direction on the vision for the facilities of the Porterville Navigation Center.

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

Council gave direction to staff to research and evaluate options that support the installing and development of a bathroom, shower and eating facility, and the expansion of the Navigation Center to support permanent housing.

Documentation: None.

Disposition: Direction given.

21. HISTORY OF THE ESTABLISHMENT OF SEWER DISTRICTS & PARKS

IMPACT FEES
Recommendation: That the City Council consider the report and direction for future utility districts and any additional impact fees that it would like to see the appropriate studies done to evaluate and/or create.

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

Council provided direction to staff to research the current fees and see if the accessed fees can be adjusted.

Documentation: None.

Disposition: Direction given.

Council recessed at 9:14 p.m. and reconvened at 9:25 p.m.

22. ADOPTION OF ANNUAL APPROPRIATION LIMIT
Recommendation: That the City Council approve the draft Resolution adopting the appropriation limit of $93,143,853 for the 2023-2024 Fiscal Year.

City Manager Lollis introduced the item and Finance Director Maria Bemis presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Councilmember Meister, that the City Council approve the draft resolution adopting the appropriation limit of $93,143,853 for the 2023-2024 Fiscal Year. The motion carried unanimously.

Documentation: Resolution No. 47-2023
Disposition: Approved.

23. CONSIDERATION OF SPONSORSHIP OF 2023 TULE RIVER TRIBE POWWOW SCHEDULED FOR FRIDAY, SEPTEMBER 29TH - SUNDAY, OCTOBER 1ST, 2023
Recommendation: That the City Council consider sponsorship of the 2023 Tule River Tribe Powwow.

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

COUNCIL ACTION: MOVED by Councilmember Meister, SECONDED by Councilmember Beltran, that the City Council approve the City’s platinum level sponsorship of $5,000 for the 2023 Tule River Tribe Powwow.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: Carrillo
ABSENT: None
Documentation: M.O. 17-071823
Disposition: Approved.

24. 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.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Councilmember Weyhrauch, that the City Council approve the continuation of the Declaration of Local Flood

Emergency; and approve the agreement with Good Guard Security to provide security at the Porterville Armory. The motion carried unanimously.

Documentation: M.O. 18-071823
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Taskforce On Homelessness - June 21, 2023 Mayor Flores provided a report on the attendees, the approval of the minutes, an update on the Task Force on Homelessness members, two presentations by CalAIM, and updates from the community.

2. Tulare County Association Of Governments (TCAG) Women In Transportation Session - June 23, 2023
Mayor Flores stated she would discuss this report during Other Matters.

3. San Joaquin Valley Regional Early Action Planning (Reap) Committee - June 23, 2023 City Manager Lollis reported on the approval of minutes and updates that were given to the Committee in the form of a presentation.

4. Tulare County Regional Transit Agency Board - June 23, 2023 Councilmember Weyhrauch stated he would like to present the report at the next Council meeting.

5. TCAG/Tulare County Transportation Authority (TCTA) Board - June 26, 2023 Mayor Flores reported on the Transportation Consent Calendar and Transportation Action Items which included the adoption of resolutions. Mayor Flores also reported on the Association Consent Calendar action items that included the approval of the minutes and a discussion of the Legislative Update.

6. Tulare County Economic Development Corporation Board - June 28, 2023 Mayor Flores reported on the approval of minutes, the approval of the financials, and an update on the project and client services.

7. Local Initiatives Navigation Center Committee - July 5, 2023 Councilmember Beltran reported on the approval of minutes, a Navigation Center update, and a discussion on volunteer tables.

8. Eastern Tule Groundwater Sustainability Agency Board - July 6, 2023 Councilmember Weyhrauch stated the Agency did not have a meeting.

9. Tule River Improvement Joint Powers Authority (TRIJPA) Board - July 10, 2023 Councilmember Weyhrauch reported on the approval of minutes, approval of several agreements, and the proposed budget for 2023-2024.

10. Tulare County Water Commission - July 10, 2023
Mayor Flores reported on the location of where the recorded minutes can be found, and stated that Susan Long of the Tule Trust provided a presentation to the Commission related to the Multi-Benefit Land Repurposing Program.

11. TCAG Transit Forum Microtransit Tour - July 11, 2023 Vice Mayor Carrillo reported on a tour of the transit and micro transit system in within the City of Porterville. Vice Mayor Carrillo stated the tour gave the opportunity to ask questions and see how the system works.

12. TCAG Transit Forum - July 12, 2023
Vice Mayor Carrillo reported on a report regarding state and federal funding, and discussion regarding the regional micro transit launch.

13. Calvans Board - July 13, 2023
Vice Mayor Carrillo reported on a lobbyist update and request for support, approval of an agreement for private vehicle donations, and approval for a single source quote for audit services.

14. City-Tribe Memorandum of Understanding Committee - July 13, 2023 Mayor Flores reported on those in attendance, and discussions related to fire service, public safety, and road improvements in the area of the new casino.

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

16. TCRTA Board - July 17, 2023
Councilmember Weyhrauch presented a report from multiple committees, including the Ad-hoc Sustainability Committee, Ad-hoc Executive Director Search Committee, and Safety Committee, as well as items on the Consent Calendar, such as the approval of minutes, receival and filing of financial statements, and several action and discussion items.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
 Council Member Beltran acknowledged the three public safety personnel on their earlier recognition of service to the city, gave thanks to all the individuals who worked in the heat this summer, and requested that staff update the volunteer page on the City’s website.  Council Member Weyrhauch stated the Employee Service Awards were great and honorable, wished everyone a safe summer, and welcomed back Deputy City Clerk Fernando GabrielMoraga and congratulated him on the birth of his daughter Reign.  Council Member Meister spoke of a recent post that he made on Facebook, congratulated Senator Shannon Grove on Senate Bill 14, and spoke of Assembly Bill 665 and Assembly Bill

957. Councilmemebr Meister also congratulated the Porterville Hurricanes swimmers for breaking Central Valley records and congratulated Public Safety for their service to the city.  Vice Mayor Carrillo congratulated Deputy City Clerk Fernando Gabriel-Moraga and his wife on the birth of their daughter, congratulated the Chief and Officers that were recognized for the service to the city, spoke of the ADA issues that were brought up by citizens in the community, and wished her mother a Happy Birthday. Vice Mayor Carrillo also spoke of the history of when natives first became citizens of the United States, and stated spoke of the City of Porterville - Community Newsletter.
 Mayor Flores recognized the City’s IT Division for their efforts to help all the departments; spoke of her attendance as a panelist at the Tulare County Association Of Governments (TCAG) Women In Transportation Session, and noted several events including a Housing Fair at Veterans Park, the International Agri Center Interchange Groundbreaking Ceremony, an Ambassador Luncheon, and an Exchange Club event.
 City Manager Lollis spoke of the recent Freedom Fest Event, and spoke of the upcoming birthdays of city employees.

CLOSED SESSION
None.

ADJOURNMENT
The Council adjourned at 11:05 p.m. to the meeting of August 1, 2023 at 3:00 P.M.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
OCTOBER 3, 2023, 5:30 PM
Call to Order at 5:30 p.m.

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

Absent: Vice Mayor Kellie Carrillo

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Blanca Reynoso. Agency Claimed Against: City of Porterville.
2 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to Potential Plaintiffs.
3 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 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, as follows:

A-1. On a MOTION made by Mayor Flores, and SECONDED by Council Member Weyhrauch the City Council rejected the claim filed by Blanca Reynoso.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 01-100323
Disposition: Claim denied.

Pledge of Allegiance Led by Council Member Weyhrauch
Invocation – a member of the public came forward and gave an invocation.

PRESENTATIONS

International Association of Fire Fighters' Fallen Fire Fighters Memorial Dedication Introduction of Police Wellness K9
Employee Service Awards
Office of Assemblyman Devon Mathis - Update

ORAL COMMUNICATIONS
 San Juanita Flores, Porterville, expressed her concern for a homeless Vietnam veteran and asked the community for their assistance in getting this person help.

REPORTS
I. Staff Informational Reports

1. Fall Community Clean-Up & Disposal Event - October 14, 2023

CONSENT CALENDAR
Item Nos. 1, 6, and 13 were removed for further discussion. City Manager Lollis noted a conflict of interest on Item No. 5.

COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Council Member Greg Meister, that the City Council approve Items Nos. 2-5, and 7-

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

2. SALE OF SURPLUS POLICE MOTORCYCLE TO WOODLAKE POLICE

DEPARTMENT
Recommendation: That the City Council approve the sale of the surplus Honda 1300 Motorcycle Unit# 3340 for $1.00 to the Woodlake Police Department for official use.

Documentation: M.O. 02-100323
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE BY NEGOTIATION EQUIPMENT

SCHEDULED FOR REPLACEMENT
Recommendation: That the City Council authorize the purchase by negotiation of the equipment listed and authorize payment for said equipment upon satisfactory delivery.

Documentation: M.O. 03-100323
Disposition: Approved.

4. AWARD OF CONTRACT - RETAIL RECRUITMENT SOFTWARE FIRM Recommendation: That the City Council authorize staff to contract with Buxton Company, LLC, for a one year contract in the amount of $35,000 for software services that support local economic development.

Documentation: M.O. 04-100323
Disposition: Approved.

5. ACCEPTANCE OF PROJECT - DRILLING PHASE OF WELL 34
Recommendation: That the City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the immediate release of final payment, provide no stop notices have been filed.

Documentation: M.O. 05-100323
Disposition: Approved.

7. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT WITH SALLY SWANSON ARCHITECTS, INC. - SELF-EVALUATION AND TRANSITION PLAN
Recommendation: That the City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Self-Evaluation and Transition Plan with Sally Swanson Architects, Inc in the amount of $221,400;

2. Approve the draft Resolution the appropriation of $21,400 from the General Fund Facility Deferred Maintenance/Equipment Replacement Designated Fund to fully fund this project; and

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

Documentation: M.O. 06-100323, Resolution No. 62-2023
Disposition: Approved.

8. CONSIDERATION OF APPROVAL OF A MASTER INSTRUCTIONAL

SERVICE AGREEMENT WITH FRESNO CITY COLLEGE
Recommendation: That the City Council authorize the Fire Department to enter into a Master Instructional Service Agreement with Fresno City College for an in-service firefighter training program for a one-year period beginning immediately with reoccurring optional one-year renewal periods.

Documentation: M.O. 07-100323
Disposition: Approved.

9. ASSIGNMENT OF AIRPORT LEASE AND CONSENT TO SUBLET - LOT NO. 46E
Recommendation: That the City Council:

1. Approve the Assignment of Lease for Lot No. 46E at the Porterville Municipal Airport from Lloyd B. Janzen and Bruce D. Janzen to JLW Associates, Inc.;

2. Authorize the Mayor to sign the Lessor's Consent to Assignment of Lease Agreement on behalf of the City;

3. Authorize the Lessee, JLW Associates, Inc., to sublet airport hangar on Lot No. 46E at the Porterville Municipal Airport to REACH Air Medical Services; and

4. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 35 on behalf of the City.

Documentation: M.O. 08-100323
Disposition: Approved.

10. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE CHAMBER OF COMMERCE - PAPER SHREDDING EVENT - OCTOBER 19, 2023
Recommendation: That the City Council approve the Community Civic Event Application and Agreement from the Porterville Chamber of Commerce to hold the Paper Shredding Event on October 19, 2023, subject to the requirements and restrictions that are listed on the attached copy of the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 09-100323
Disposition: Approved.

11. APPROVAL OF COMMUNITY CIVIC EVENT - AMERICAN CONSERVATORY - FRIGHT NIGHT AT THE MECCA - OCTOBER 21, 2023
Recommendation: That the City Council approve the Community Civic Event Application and Agreement from the American Conservatory to hold "Fright Night at the Mecca" on October 21, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 10-100323
Disposition: Approved.

12. APPROVAL OF COMMUNITY CIVIC EVENT - VETERANS HOMECOMING COMMITTEE - VETERANS DAY PARADE - NOVEMBER 11, 2023
Recommendation: That the City Council approve the Community Civic Event Application and Agreement submitted by the Veterans Homecoming Committee for the annual Veterans Day Parade on November 11, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 11-100323
Disposition: Approved.

SECOND READINGS

14. SECOND READING - ORDINANCE NO. 1904 - IN SUPPORT OF ZONE CHANGE (PRC 2023-006-Z), FROM RS-1 (VERY LOW DENSITY

RESIDENTIAL) TO CMX (COMMERCIAL MIXED-USE) TO ALLOW FOR THE

APPLICATION OF DEVELOPMENT STANDARDS OF COMMERCIAL

DISTRICTS
Recommendation: That the City Council give Second Reading to Ordinance No. 1904, waive further reading, and adopt said Ordinance.

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

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister, that the City Council give Second Reading to Ordinance No. 1904, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE IN SUPPORT OF ZONE CHANGE (PRC 2023-006-Z), FROM RS-1 (VERY LOW DENSITY RESIDENTIAL) TO CMX
(COMMERCIAL MIXED-USE) TO ALLOW FOR THE APPLICATION

OF DEVELOPMENT STANDARDS OF COMMERCIAL DISTRICTS,
waive further reading, and adopt said Ordinance.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Ordinance No. 1904
Disposition: Approved.

SCHEDULED MATTERS

15. ADDENDUM NO. 6 TO EMPLOYMENT AGREEMENT BETWEEN CITY OF PORTERVILLE AND JOHN D. LOLLIS

Recommendation: That the City Council approve Addendum No. 6 to the Employment Agreement between the City of Porterville and John D. Lollis.

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

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Raymond Beltran, that the City Council approve Addendum No. 6 to the Employment Agreement between the City of Porterville and John D. Lollis.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 12-100323
Disposition: Approved.

16. 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.

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

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Mayor Martha A. Flores, that the City Council approve the continuance of the Declaration of Local Flood Emergency.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 13-100323
Disposition: Approved.

1. PURCHASE OF A LIVE BURN TRAINING TOWER
Recommendation: That the City Council approve the purchase of a custom 4-story Draeger live burn training prop at a cost of $1,584,468.27 with an additional ten percent (10%) contingency of $158,446.83, for the total not to exceed $1,742,915.10.

City Manager Lollis introduced the item and Fire Chief Bryan Cogburn presented the staff report.

COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Mayor Martha A. Flores, that the City Council approve the purchase of a Live Burn Training Tower at a cost of $1,584,468.27 with an additional 10% contingency.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 14-100323
Disposition: Approved.

6. AUTHORIZATION TO NEGOTIATE A CONSULTANT CONTRACT - SPORTS

COMPLEX BASEBALL FIELD DESIGN
Recommendation: That the City Council:

1. Authorize staff to negotiate a scope of services contract with O'Dell Engineering; and

2. Authorize staff to negotiate a scope of services contract with QK, Inc. if staff is unable to negotate an acceptable contract with O'Dell Engineering.

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

As a result of the Council's review, QK, Inc. was selected by consensus since they are local and there was only a one-point difference in the scoring between those selected, as well as the fact that O'Dell Engineering would serve as a backup if QK, Inc. is unable to negotiate an acceptable contract.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member Donald Weyhrauch, that the City Council authorize staff to negotiate a Consultant Contract with QK, Inc.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 15-100323
Disposition: Approved.

13. 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.

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

After discussion, Council reached a consensus for the item to remain on upcoming agendas so as to keep the water issue in the forefront with the State to remind it of the City’s need for the State to fulfill its contractual obligations concerning the East Porterville Water Project and additional requested consolidations.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Mayor Martha A. Flores, that the City Council approve the continuance of the Declaration of Local Drought Emergency.

AYES: Beltran, Weyhrauch, Flores
NOES: Meister
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 16-100323
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Association Of Governments (TCAG) / Tulare County Transportation Authority - September 18, 2023
Mayor Flores reported on the approval of minutes, a legislative report, a TCRTA update via slideshow presentation, and the approval of various resolutions.

2. Cal Cities Annual Conference - September 20-22, 2023 Council Member Beltran discussed the three different sessions he attended as follows:
- Response to Homeslessness in the City of Rialto
- How to Solve Big City Problems in Small Towns
- Downtown Revitalization.

3. Mayor Flores discussed the sessions she attended which were the following:
- California Cannabis: Seven Years After Legalization
- The Mayor Said What?! Staying Ahead of the News
- Stop Hate: How Local Elected Officials Can Combat Rising Hate Crimes and Hate Speech.

4. Mighty 190 Committee - September 20, 2023
Council Member Meister reported on those in attendance, the review of expenditures, road closure updates, a discussion of marketing strategies, and community promotions ideas.

5. Tulare County Task Force on Homelessness - September 20, 2023 No report was provided.

6. Tulare County Economic Development Corporation (TCEDC) - September 27, 2023

Mayor Flores reported on those in attendance, the approval of Minutes, a presentation by Samantha Dodero from San Joaquin Valley Clean Energy Organization, and project and client services and staff updates.

7. Internal City Audit Committee - September 27, 2023
Mayor Flores reported on the approval of Minutes, an introduction of the City Auditors, the review of the Tulare County Junior Livestock Show and Community Fair License and Development Agreement, and the Review of the PSW Lease Agreement.

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, provided the council with handouts, and spoke of an education appropriation item that is on the Appropriations Committee in the House.  Renee Curtley, Porterville, voiced concern with the small “tractor museum” on Grand Ave, and stated that the business was supposed to be temporary.

OTHER MATTERS
 Council Member Beltran spoke of the earlier dedication of the Fallen Fire Fighters Memorial by the International Association of Fire Fighters; lauded the Employee Service Awards and its recipients; and spoke about his experience in assisting East Porterville to obtain water.  Council Member Weyhrauch spoke of his recent experience at an RV park, spoke of Dianne Feinstein's impact on the State and Nation and requested that flags be lowered to half staff, and commended the recipients of the Employee Service Awards.  Council Member Meister apologized for his earlier comments with regard to a recipient of the Employee Service Award; spoke of the comments made during Oral Communications; spoke of the Fallen Fire Fighters Memorial; spoke of his attendance to a recent Porterville Police Department Badge Pinning Ceremony; congratulated Senator Grove on SB 14; and spoke of the status of AB957, AB665, AB1078, and SB 2.

Council Member Meister then requested that the City Council consider adding an item to the next agenda to consider supporting future out of state travel for personnel to attend firefighter memorials.

COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Council Member Greg Meister, that the City Council approve placing on the agenda at the next meeting, as a Scheduled Matter, a resolution memorializing funding for out-of-state travel to attend the Fallen Firefighter Memorial in Colorado Springs, CO.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 17-100323
Disposition: Approved.

 Mayor Flores spoke of the recent Police Badge Pinning Ceremony, thanked the firefighters in

attendance, praised Yuriko Velarde for her recent video interview, and recognized all city staff and their departments for their dedication and services.  City Manager Lollis stated expressed his pleasure to recognize Chief Castellow and Captain Maniss at the Badge Pinning Ceremony; he expressed his sincere appreciation for Gordon Trott and Hector Gonzalez for their efforts in fighting the floods; mentioned Pioneer Days and TCAG meetings, as well as the upcoming birthdays of Finance Director Maria Bemis and Engineering and Project Management Director Javier Sanchez; and wished Terry and Richard Villareal a happy nuptial.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 9:05 p.m. to the meeting of October 17, 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
OCTOBER 17, 2023, 5:30 PM
Call to Order at 5:30 p.m.

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

Absent: Council Member Donald Weyhrauch

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - 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.
2 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:39 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Julia Lew reported no reportable action had taken place during Closed Session.

Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation – a member of the public came forward to give an invocation.

PRESENTATIONS

Employee of the Month - Yvette Rodriguez
Outstanding Business Recognition - Hergesheimer's Donut Factory HOPE Grant

ORAL COMMUNICATIONS
 Cathy Capone, Porterville, encouraged the city to revive the Tule River Corridor for civic events, expressed gratitude to the Council for discussing the ordinances related to encampments, and mentioned that she is currently conducting an assessment of the parks.  Walt Orth, Porterville, proposed that the Council permit the community to offer their views on possible regulations concerning camping and critical infrastructure protection.  Felipe Martinez, Porterville, shared his experiences of serving on the Council and discussed the process for obtaining the All-American City designation for the City.  Bob Atchley, from Porterville's American Legion, spoke in favor of Item No. 10 on the agenda, and stated that today's date marks the 105th Anniversary of the Veterans Day Parade.

 Dr. Massey Missakian, Porterville, addressed the Council regarding his Community Civic Event application and the conversation he had with City staff. He strongly urged the Council to reconsider his request to change the time of his event to an earlier hour.  Gale Nuckols, Porterville, spoke in support of Item No. 10.  Josh Flowers, Strathmore, expressed support for Item No. 5 and highlighted that homelessness remains a problem in the city.
 Ed McKervey, Porterville, voiced his support for Item No. 5 and emphasized the importance of enforcing laws impartially within the City.
 Greg Shelton, Porterville, expressed his reservations regarding the distance specified in the draft Ordinance for critical infrastructure in Item No. 09.  Brock Neeley, Porterville, proposed that Item No. 10 should be postponed until after the certification of the March Primary, as AB 531 and SB 326 are both on the ballot.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - October 3, 2023 Commissioner Janet Uresti, delivered a report regarding the Murry Park clean-up, Pioneer Days & Rib Cook Off, Youth Sports, the Halloween Home Decorating Contest, the Veterans Day Run, and emphasized the importance of volunteering for community events.

2. Library & Literacy Commission - October 10, 2023
Commissioner Edith La Vonne reported on a design institute in Hayward, CA, that was attended by Librarian Vikki Cervantes. The report included participation statistics for various events such as Virtual Story Time, Adult Book Club, Bilingual Story Time, Family Literacy Services, Bring your own game day, Young Adult Book Club, and the Thousand Books Before Kindergarten Challenge. Commissioner La Vonne also mentioned that September was National Library Card Sign-up Month and discussed the Library Book Savings Competition.

3. Arts Commission - no report was provided.

4. Animal Control Commission – no report was provided.

5. Youth Commission – no report was provided.

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

II. Staff Informational Reports

1. Water Conservation Phase III Status Update - September 2023

CONSENT CALENDAR

Item No. 5 was removed for further discussion at the request of Council Member Beltran.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Vice Mayor Carrillo, that the City Council approve Items Nos. 1-4, and 6.

AYES: Meister, Beltran, Carrillo, Flores
NOES: None
ABSTAIN: None.

ABSENT: Weyhrauch

1. AUTHORIZATION TO PURCHASE VETERANS DAY RUN SHIRTS
Recommendation: That the City Council approve the purchase of the Veterans Day Run race shirts from Axiom Graphics at the price of $12.00 per unit.

Documentation: M.O. 01-101723
Disposition: Approved.

2. LICENSE AGREEMENT EXTENSION- COMISION HONORIFICA
MEXICANA AMERICANA, INC.

Recommendation: That the City Council authorize the extension of the term of the License Agreement between the City of Porterville and Comision Honorifica Mexicana Americana, Inc. for twenty-five (25) years, ending September 30, 2048.

Documentation: M.O. 02-101723
Disposition: Approved.

3. LICENSE AGREEMENT RENEWAL- PORTERVILLE KIWANIS CLUB
Recommendation: That the City Council approve the draft Revocable License Agreement between the City of Porterville and the Porterville Kiwanis Club for a term of five years, with an optional one-year extension, at a cost of $1.00 per year.

Documentation: M.O. 03-101723
Disposition: Approved.

4. AUTHORIZATION OF STREET CLOSURE - PORTER ROAD
Recommendation: That the City Council:

1. Approve the request of the Porterville Military Academy to close Porter Road on Wednesday, October 25, 2025, from 5:00 P.M. to 9:00 P.M.; and

2. Direct City staff to locate and remove City-owned traffic safety barriers.

Documentation: M.O. 04-101723
Disposition: Approved.

6. 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. 05-101723
Disposition: Approved.

SCHEDULED MATTERS

7. CONSIDERATION OF APPOINTMENT TO THE LIBRARY AND LITERACY

COMMISSION
Recommendation: That the City Council consider the appointment of Irene Ortega to the Library and Literacy Commission for a term set to expire October 24, 2024.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Vice Mayor Carrillo, that the City Council approve the appointment of Irene Ortega to the Library and Literacy Commission for a term set to expire October 24, 2024.

AYES: Meister, Beltran, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Weyhrauch
Documentation: M.O. 06-101723
Disposition: Approved.

8. CONSIDERATION OF APPOINTMENTS TO THE PARKS & LEISURE

SERVICES COMMISSION
Recommendation: That the City Council re-appoint Jason Gurrola and Arlene Pena to the Parks & Leisure Services Commission to serve four-year terms to expire in October 2027; and direct staff to continue to advertise the remaining vacancy.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Beltran, that the City Council approve the re-appointments of Jason Gurrola and Arlene Pena to the Parks and Leisure Services Commission to serve four-year terms to expire in October 2027.

AYES: Meister, Beltran, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Weyhrauch
Documentation: M.O. 07-101723
Disposition: Approved.

At the request of City Manager Lollis, the Scheduled Matters were taken out of order.

9. CONSIDERATION OF POTENTIAL LOCAL REGULATIONS ADDRESSING

REGULATION OF CAMPING AND THE PROTECTION OF CRITICAL

INFRASTRUCTURE
Recommendation: That the City Council discuss the priorities, the facilities and property that the Council believes needs to be protected, and provide direction to the City Attorney concerning the development of regulations that address camping, the protection of critical public infrastructure and public access to open spaces.

City Manager Lollis introduced the item and City Attorney Julia Lew presented the staff report and provided examples of how other California cities are addressing camping regulations, including Atascadero, Elk Grove, Santa Cruz, and Sacramento.

Members of Council proposed modifying the established minimum distance of 25 feet between homeless encampments and critical infrastructure to a revised range of 250-500 feet, and examining the strategies implemented by other cities to handle similar situations near rivers.

Direction was provided to staff to bring the item back in December with potential modifications or additions to the ordinance, taking into consideration public feedback during a Public Hearing. Additionally, the City Attorney advised that she would investigate best practices employed by other municipalities to address encampments within their jurisdiction.

Documentation: None.

Disposition: Direction given, item will be brought back to a meeting in December, 2023.

Council recessed at 8:48 P.M. and reconvened at 8:58 P.M.

10. MEDIA SPONSORSHIP PROPOSAL FOR 2023 PORTERVILLE VETERANS’

HOMECOMING DAY PARADE
Recommendation: That the City Council:

1. Consider media sponsorship of the 2023 Porterville Veterans’ Day Parade; and

2. Authorize the expenditure of $12,500 from the Community Promotions fund.

City Manager Lollis 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 media sponsorship of the 2023 Porterville Veterans Day Parade; and authorize the expenditure of $12,500 from the Community Promotions Fund.

AYES: Meister, Beltran, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Weyrhauch
Documentation: M.O. 08-101723
Disposition: Approved.

11. CONSIDERATION OF A RESOLUTION AUTHORIZING THE PORTERVILLE

FIRE DEPARTMENT HONOR GUARD TO ATTEND ANNUAL STATE AND
NATIONAL FALLEN FIREFIGHTERS’ MEMORIALS
Recommendation: That the City Council consider for adoption the draft Resolution authorizing the Porterville Fire Department Honor Guard to attend both state and national fallen firefighter memorials.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Beltran, that the City Council approve the draft resolution authorizing the Porterville Fire Department Honor Guard to attend both state and national fallen firefighters memorials.

AYES: Meister, Beltran, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Weyhrauch
Documentation: Resolution No. 63-2023
Disposition: Approved.

12. 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.

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

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Raymond Beltran, that the City Council approve the continuation of the Declaration of Local Emergency.

AYES: Meister, Beltran, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Weyrhauch
Documentation: M.O. 09-101723
Disposition: Approved.

5. APPROVAL OF COMMUNITY CIVIC EVENT - AMERICAN

CONSERVATORY - SALUTE TO THE TROOPS CONCERT AT THE MECCA - NOVEMBER 11, 2023
Recommendation: That the City Council approve the Community Civic Event Application from the American Conservatory to hold the "Salute to the Troops Concert at the Mecca" on November 11, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B and Exhibit C.

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

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Mayor Flores, that the City Council approve the Community Civic Event application from the American Conservatory to hold the "Salute to the Troops Concert at the Mecca" on November 11, 2023, and approval of the parking lot closure from 1:00 p.m. to 6:00 a.m. the following morning.

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

Documentation: M.O. 10-101723
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - October 4, 2023 Council Member Beltran provided updates on several items of interest, including attendance, the approval of minutes, the budget, a report on a Navigation Center, a meeting of the LINC Subcommittee, and an update on a winter coat drive.

2. Eastern Tule Groundwater Sustainability Act (ETGSA) Board - October 5, 2023 Public Works Director Michael Knight presented a report on a Public Hearing regarding the Groundwater Extraction Fee and Water Rate Study, as well as the approval of Minutes, the ratification of pending bills, and various administrative updates.

3. Tulare County Water Commission - October 9, 2023
Mayor Flores reported on the approval of Minutes, a Disadvantaged Communities update, and drought updates.

4. Military Banner Ad Hoc Committee - October 10, 2023
Vice Mayor Carrillo reported on the approval of Minutes, a summary of the 2023 Military Banner Program, an update on the location of new banners, and statistics regarding various types of service calls regarding military banners.
.

5. CALvans Board - October 12, 2023
Vice Mayor Carrillo stated she was unable to attend this meeting.

6. Tulare County Association of Governments Sustainable Corridor Committee - October 12, 2023
Assistant City Manager Jason Ridenour, provided an overview of the various corridors and projects as well as the funding that was remaining for them.

7. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) Board - October 16, 2023
Mayor Flores stated she would carry this report over to the next meeting.

8. Tulare County Regional Transit Agency (TCRTA) Board - October 16, 2023 City Manager Lollis presented information on the appointment of the Executive Director, which was discussed in Closed Session, where two candidates were interviewed and one was selected. Additionally, he mentioned that the most significant item on the agenda was the extension of Susan Hafner's professional services agreement.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
 Council Member Beltran expressed gratitude to the City staff for their work in hosting the Pioneer Days Event at the Sports Complex. He also encouraged everyone to exercise caution during Halloween and highlighted the upcoming Apple Festival in Springville.  Council Member Meister gave an update about the veteran near the river. He mentioned that he had attended both the First Friday Coffee and the Southern California Edison Multicultural Event. He also spoke about a tour he had taken at Setton Farms, and congratulated Amanda from Hergesheimer's Donut Factory for receiving Outstanding Business Recognition.  Vice Mayor Carrillo expressed regret for not to attending the previous Council Meeting and acknowledged the valuable updates and statistics provided by the library. She also commended the efforts of the City's staff in its outreach and marketing initiatives, as well as the contributions of previous Council Members in addressing homelessness.  Mayor Flores declared that the month of October is dedicated to promoting awareness for both Breast Cancer and Domestic Violence. She also mentioned the recent passing of her sister-inlaw and her attendance at various events, including the Southern California Edison Multicultural Event, the Tulare Kings Hispanic Chamber of Commerce Ambassador Luncheon, and the Sierra View District Hospital Foundation Rock and Roll Event.

Additionally, she mentioned upcoming events such as the Homeless Taskforce Meeting, Central California Family Crisis Center Candle Light Vigil, and Porterville Exchange Club Treasure Trove.
 City Manager Lollis addressed the fall clean up event, the Parks and Leisure Services Halloween Home Decorating Contest, and the upcoming Fall Luncheon. He expressed his gratitude towards Amanda's comments from Hergesheimer's Donut Factory and thanked the City Council for its guidance and support.

CLOSED SESSION
None.

ADJOURNMENT
The City Council adjourned at 10:00 P.M. to the meeting of November 7, 2023, at 5:30 P.M.

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

2. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Request to Purchase Communication Equipment
SOURCE: Fire
COMMENT: The ability of Porterville Fire Department members to clearly communicate on emergency scenes is paramount to both firefighter and the public's safety. This purchase will allow the Department to equip its three new Firefighters with a portable radio and upgrade several of the older portable radios. This purchase will also provide a battery charger and two rechargeable batteries per portable radio, allowing one battery to be used while the other charges. This allows for uninterrupted use and negates any downtime. It also provides a "Clamshell" for each portable radio, which allows the user to use "AA Batteries" when a radio battery charger is unavailable (out-of-county assignments and extendedduration incidents). Also included in this purchase is an antenna and a handheld external microphone/speaker per portable radio. The handheld microphone/speaker lets the user protect the portable radio in a coat pocket or radio holster, only exposing the handheld microphone/speaker in Immediate Dangerous to Life and Health (IDLH) environments. These portable radios also comply with NFPA 1561 and NFPA 1221 recommendations.

The Department's equipment replacement fund will be used to purchase ten (10) radios and radio equipment, with the following quotes having been received:

1. Cook's Communications: $26,505.99

2. 49er Communications Quote: $26,744.40

3. Vincent Communications, Inc.: $27,735.80
NFPA 1561

6.3 Emergency Traffic.

To enable responders to be notified of an emergency condition or situation when they are assigned to an area designated as immediately dangerous to life and health (IDLH), at least one responder on each crew or company shall be equipped with a portable radio and each responder on the crew or company shall be equipped with either a portable radio or another means of electronic communication.

NFPA 1221

9.3.6 Two-Way Portable Equipment. All Emergency Response Units (ERUs) shall be equipped with a portable radio that is capable of two-way communication with the communications center.

9.3.6.2 Portable radios shall be manufactured for the environment in which Item No.

2. they are to be used and shall be of a size and construction that allow their operation with the use of a gloved hand.

9.3.6.10 Spare batteries shall be maintained in quantities that allow continuous operation as determined by the authority having jurisdiction (AHJ).

RECOMMENDATION: That the City Council approve the purchase of ten (10) BKR500- P Series Portable Radios, including necessary accessories such as antennas, batteries, chargers, and external microphones from Cooks Communications for $26,505.99 plus a ten percent (10%) contingency totaling $29,156.59; utilizing funds from the Fire Department's equipment replacement account.

ATTACHMENTS: 1. Cook's Communications Quote

2. 49er Communications Quote

3. Vincent Communications, Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
08/29/23 Customer Pick-Up Origin Net 30
David Burchfield
City of Porterville Fire Dept City of Porterville Fire Dept 40 W Cleveland Ave
Accounts Payable
Porterville, CA 93257-0000
40 W Cleveland Ave
Porterville, CA 93257

PORTERVILLEF
13939
160 North Broadway
Fresno, CA 93701-1592
Required
10/31/23
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7526 Phone: (559) 782-7526
Email:
10 BKR-5000 PORTABLES
BKR5000-T3BC-0 BKR500-P Series
Portable Radio
VHF 136-174 MHz,
5000Ch, 6W, T3, Black, No Ch Stop, No BT
10 1552.78 15527.80
BKR0810GPS-E BK Antenna GPS,VHF
136-174mhz SMA
10 55.52 555.20
BKR0101 BK Battery Pack
LiIon 4900mah Smaart
20 171.50 3430.00
BKR0120 BK Battery, Clamshell
Orange Case
10 102.54 1025.40
BKR0300 BK Smart Desktop Charger
Single Bay
10 136.99 1369.90
BKR0204 BK Speaker/Mic

3.5mm Audio Jack
IP68 Emergency Button
10 255.50 2555.00
***NASPO Contract Pricing
Number 00318***
Subtotal
Sales tax @ 8.35000%
Total
24463.30
2042.69
26505.99
We appreciate your continued patronage
Thank You
Bill To Ship To
Porterville Fire Dept
40 W. Cleveland Ave.

Porterville, CA 93257
Quote 72605

EBDIEIAIMJBECBFGBBGIAH
Quoted 8/28/2023
Porterville Fire Dept
Attn: Alexis Ayon
40 W. Cleveland Ave.

Porterville, CA 93257
Quote Expires
10/31/2023
361 Railroad Ave
Nevada City, CA 95959
E-Mail [email protected]
Fax 530-478-9188
Phone 530-477-2590
Destination JLC 8/28/2023 Prepaid
Purchase Order Ship Via FOB Reference Entered By Terms
UPS Ground
Product Description Ordered Price Amount
BKR5000 Command, Tier III, Single-band, 16,300.00
BKR5000-T3BC-1, BLACK, APCO P25 Digital, GPS,
Bluetooth, Top LCD Display, Front Color Display, Full
keypad, BK Technologies Portable Radio
HHBKR5REDKBC 10 1,630.00
Whip Antenna, BKR0810GPS - VHF 136-174 MHz 556.50
Antenna for Relm BK BKR5000 Portable Radios
ANBKRWPRE10V 10 55.65
OEM, BKR0101 - 4900 mAh, IP68, Li-Ion 3,430.00
Rechargeable Battery for RELM BK Radio BKR5000
BABKR5RCRE49 20 171.50
Desktop Charger, CHBKR5DT9R1BE - Rapid Rate, 959.50
Quad-Chemistry, BLACK, CA Energy Certified
Equivalent to BKR0300 for RELM BK Radio BKR5000
CHBKR5DT9R1BE 10 95.95
Speaker Microphone, BKR0204 - Heavy Duty, IP68 2,555.00 Submersible, Emergency Button, Programable Toggle
switch, 3.5mm Audio Jack for BK Radio BKR5000,
BKR9000 Portable Radios
AABKRSPREP3VE 10 255.50
AA Battery Clamshell, BKR0120 - Orange, Uses 1,025.50
Alkaline AA Batteries for BK BKR5000 Portable
Radios
BABKR5CSREO 10 102.55
UPS Ground UPS Ground Freight & Insurance 1 110.00 110.00 Sub-total
Total
We appreciate the opportunity to do business with you!
$26,744.40
1,807.90
$24,936.50
Tax 7.25%
Quote
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Required
Quantity Item Number Description Unit Price Amount
09/13/23 UPS Ground Origin Net 30
Jim V.

City of Porterville City of Porterville
Irene: [email protected]
40 W. Cleveland
Porterville, CA 93257
40 W. Cleveland
Porterville, CA 93257

PORTERVILLE
52778 5773 E. Shields Ave.

Fresno, CA 93727
Required Shipped B.O.
09/13/23
559-292-7010
559-292-7132
(559) 782-7468
Fax
11/13/23
Quote Expires
Attn: Alexis Ayon
10 BKR-5000-T3BC-1 BKR5000 Portable VHF
Front Display Full Keypad
GPS-Bluetooth-Black- w/ Clip
1550.00 15500.00
10 BKR0810GPS-E VHF 136-174 SMA GPS Antenna
for BKR Series

57.00 570.00
20 BKR0101 Smart 4900mAh Li-Ion Battery
for BKR Series
190.00 3800.00
10 BKR0300 SURPASS Single Bay Desktop
for BKR Series
130.00 1300.00
10 BKR0204 SURPASS Heavy-Duty Speaker
Mic - 3.5mm Audio Jack, IP68
Toggle Switch & Emergency
BKR5000 & BKR9000 Series
295.00 2950.00
10 BKR0120 BKR Battery Clamshell Orange
12 Cell's
124.00 1240.00
UPS Shipping Fee 30.00
Quote subtotal
Sales tax @ 9.25000%
Quote total
25390.00
2345.80
27735.80
Thank You
Item No.

3. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Authorization to Execute an Agreement with Jaxon Enterprises SOURCE: Public Works
COMMENT: As part of the City's Self-Performed Street Maintenance Program, the City has the opportunity to participate in Cooperative Purchasing Programs on existing asphalt contracts for procurement of maintenance materials. For the Fiscal Year 2023-2024, the City Council authorized staff to utilize an existing agreement between the County of Tulare and Jaxon Enterprises at its meeting on August 1, 2023.

Deer Creek Asphalt, a division of Jaxon Enterprises, has recently requested to enter into an Agreement with the City related to exchanging credit for asphalt grinding material from City street maintenance projects. The proposal would be to purchase grindings from City street maintenance projects at a negotiated price to be used as Recycled Asphalt Pavement (RAP) in the production of asphalt mix. Motivations for RAP materials include economic savings and environmental benefits. Environmental benefits include reduced emissions and fuel usage due to reduced extraction and transportation of fresh new materials, reduced demands on non-renewable resources, and reduced landfill space for disposal of used pavements. Economic benefits include material cost savings from replacing a portion of new aggregates and binders with RAP, as well as reduced costs associated with transporting access materials to a site.

The draft Agreement, attached and referenced in this staff report, acknowledges three stockpiles of material located on City property. One material stockpile at the City Corporation Yard, located at 555 N. Prospect St., is estimated to have approximately 8,000 tons of asphalt concrete grindings. The second stockpile is approximately 7,500 tons of asphalt concrete grindings located at 22086 Ave 160. The third stockpile is also located at 555 N. Prospect St. but would require additional inspection as to the quality of the material. The negotiated purchase price for the identified stockpiles is $12.00/ton for the total amount of grindings purchased. The total eligible credit amount possible is estimated at $186,000, with the credited dollar amount to be applied to materials for street maintenance.

For the purposes of this Agreement, staff requests with Council approval that the Public Works Director receive authority to sign, maintain, and amend the draft Agreement with the contracted supplier to maximize credit pricing to further street maintenance material and reduce costs for the self-performed Item No.

3. street maintenance budget.

RECOMMENDATION: That the City Council authorize the Public Works Director to negotiate and enter into an Agreement with Jaxon Enterprises for the purchase of asphalt grindings in exchange for purchase credit to be applied towards City self-performed street maintenance materials.

ATTACHMENTS: 1. Draft Agreement to Supply Grindings
Appropriated/Funded:

Review By:

Department Director:

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

Item No.

4. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Donation of Non-Serviced Self-Contained Breathing Apparatus to the Porterville College Fire Academy
SOURCE: Fire
COMMENT: A comprehensive needs assessment performed by the Fire Department of selfcontained breathing apparatus (SCBA) used during emergency operations, completed in 2020, determined the need for larger air capacity SCBAs with updated emergency features. Since the replacement, the SCBAs taken out of service have been stored at Fire Station 72 (Training Building) and are nonserviced. The Porterville College Fire Academy can use the SCBAs for training purposes during academy classes. This serves the dual purpose of removing unnecessary items from storage and continuing to support the local Fire Academy. Valuation of these items is negligible in its current condition and could not likely even be recycled - only disposed of. Staff recommends that the SCBAs be donated to Porterville College; seventeen (17) SCBAs and twenty-six (26) cylinders are available to be donated to the College.

RECOMMENDATION: That the City Council authorize the donation of the 17 SCBAs and air cylinders to Porterville College.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Item No.

5. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Award of Contract - On-Call Right-of-Way and Appraisal Consulting Services SOURCE: Community Development
COMMENT:

At its meeting on August 15, 2023, the City Council authorized staff to distribute a Request for Qualifications (RFQ) for on-call consulting for right-ofway and appraisal services. The right-of-way services to be rendered would consist of, but not be limited to, the preparation of appraisal and acquisition documents and other related items as necessary to comply with the Uniform Act, and would be utilized on a number of projects identified in the City’s Capital Improvement Program that require specialization outside of the scope that the Community Development Department is able to perform with its own staff.

The RFQ was advertised in the Porterville Recorder, and online via the City's website and Public Purchase. The City received a total of twelve (12) responses.

At this time, staff is proposing to enter into consultant service agreements with six firms: Hamner, Jewell, & Associates, Interwest Consulting Group, Paragon Partners, The Dore Group, Hopper Company, and Desmond, Marcello & Amster. When a project need arises, staff will solicit proposals for specific task orders from the six firms, rank them appropriately, and execute task orders as needed. This will allow for flexibility and expedited response time for the City's property acquisition and appraisal consulting needs.

The proposed contract has a term of three years, with a one year extension.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate on-call contracts with Hamner, Jewell, & Associates, Interwest Consulting Group, Paragon Partners, The Dore Group, Hopper Company, and Desmond,
Marcello & Amster;

2. Authorize the Mayor to sign contract documents;

3. Authorize the Assistant City Manager to sign task orders; and

4. Authorize staff to make payments up to one hundred percent (100%) upon satisfactory completion of tasks.

ATTACHMENTS: 1. City Council Agenda Staff Report - August 15, 2023 Item No.

5. Appropriated/Funded:

Review By:

Department Director:

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





 





 !"#!$!% !&
'(
%) *
#+!)!,#!$%-'.*/)
$0
#++
'!10)02#3#$455 #!%#+
$%
+!$1 6!,%


'



$!36+5$

77

8 %
#$
!3

$,!+'%+
!$09
!3
!+!"%%+,!$
#$4,$ #,!$15 ,4
%4#!+4!$
#5 )
#+ #$%,#+
%%!%#$,8 ,4
%7#$
#+5 ,
,$%
+#$,$ #,%!$6$#
5 :,!$6+6%# .4 #+)
$4%8 )%%!$#+% 6!,%# ,$ #,4
 
14$% #!$),5$,3#$4(
#+!)!,#!$%0&#%4%#$4# 4%
$%
,5+!#$,;! <%,#$46 $$
416 $!$1
5 )%%!$#+%#$4# 4%!$,=
!3#%#!$#!$4$0,#++,$%
+!$1
% 6!,%,$ #,%;! ,$%
+!$1)! %5 6!4 !10)0;#3#$4
#55 #!%#+% 6!,%
$0,#++,$%
+!$1% 6!,%,$ #,%
%&,! ,
+#4$
#$$01!$1&#%!%$>,4)!63# %5 6!4)#! #$45$ ,5!!$#))!%%<!$1#
 !"#!$4!% !&
#'(
%)
*
#+!)!,#!$%-'.*/) %#!4% 6!,%

% 6!,%& $4 4;
+4,$%!%)&
$&+!!4
5 5# #!$)#55 #!%#+#$4#,(
!%!!$4,
$%#$4 +#4!%#%
$,%%# 3,5+3;!$!) ,#$4;
+4&
!+!"4$#$
&
)5 :,%!4$!)!4!$
!3?%
#5!#+5 6$8+#$# (
! 
%5,!#+!"#!$
%!4)%,5#5# $!%#&+5 ) ;!
!%;$%#))+
1

$!36+5$! ,  4%!1$;!++
6!;,$%
+#$?%; <%+,4,$%
+#$%
%#6#%
&%#$!#+
; <!$1<$;+41$$!) '+,#!$#$4'#+8 5 3,( !%!!$
8+!,!%,#$4#!$$4#!$+#;#$45%%%%#55 5 !##55 #!%#+ +!,$%%!$#,, 4#$,41 ,5+>!3#$46#+
)#55 #!%#+
(
! 4#%+3!$ %5$%!$, #%4 1
+# 31
!4#$,) 
#+ #$%)
##$4.4 #++3)
$44 #$%5 #!$5 :,%,$%
+#$%
%5%%%%
#&!+!35 5# #++4,
$%!$##$$ ,5+!#$;!
#+ #$%?,#+
1$,38 ,4
%#$4'!10)02#37#$
#+%

'

77



#
!3

$,!+#
 !"%#))4!% !&
#'(
%)
*
#+!)!,#!$%) $0,#++ !10)0;#3#$4#55 #!%#+,$%
+!$1
% 6!,%




@7

  #)'(
%) *
#+!)!,#!$%
 '%+
!$09

55 5 !#4A.
$44

 
















!

"#!!





 










!

""
#$%&
#"
' 
''
%#(
"'

)*+*,

-../0123456

777777777777777777777777
8-90:/;32:0</
-==>=?@A?B>?CD@A@EFG

 











 



!!"
#
$
%&&'(&&)
%*+%

#%

,#
%
*+!

-

#%"./0%)
%
1!
%!
%
-,2
#
-#%+!
#
%
2
$#3-!!

4

#$22
%!%
-%,+!

2!2

!',2 ,#
5-
%
+
%6$%##%3
#$$1%
%7


89




:
;
:
;<
:



=
:;>9



?
%+1,

#./0@-/A.BCDA2%#
%



%
+!
E,
#$#$
1-,,
!
4


46*+
$+#$

%FG0#$




%-21!2,
#
*+!

46
-
 
15-

%'(7



H<
:





D#
'(-#%


%F*+%
0+!

-

#%"FG0)4
!!1,$1
4

#$$#$+,7
A 1!,$

-

#%!!11
#$
#7


;
;

9



IJKLMMNO/#PG %
#,+%
1-
$1
Q
RSSTUKUV:WLXNYVZTMZKJZW[\V]S]^

XXWZ__ZXM`,,+#

P !2,#
P2
,#





!!
D

#

#Qa%#F
$#+
-$ b-
72

!!7-7+%

KNLOIJcZdMQ eFGA7ffffffff/#3!!F

g
#$D22
%!.
-%h

ijklmnopqmrstlklunmsmvjtvwottpmkxljqqlsklyjpywottxljzkmrjkoqjtt{yov|zjto}oly}nmr }znk~lnqmpvoylnjkomp€ttunmsmvjtvjpyjp{jqqmrsjp{opymqzrlpkjkompxlqmrlk~l snmslnk{m}k~l‚ok{m}umnklnƒottljpywottpmkxlnlkznply 

;


FG0„%,
1
#%2-
$#$!-
#
-!!
$4#!$$
#-%
@

+1!
-+-%
41%

@

2%Q

44472+1!
-2+-%7-,7A-2
%%
$$-+,#
%4
!!12
$$1




7D!!$$#$#$-%2#$#-$+
#
1
$2-%%4
!!1#$!$!-
#
-!!


+
+1!
-+-%41%

72%!%-#!%1%+1,

$1
,
!
#PG,


-$ b-
72

!!7-7+%7

;IZ_ML`†_WZ‡NWXL†‡MˆL_TW`cZdMNWZXIZ†`ONMZWMˆN†‰ZX†Z_XNYVZTMZKJZW[^V]S]^U 
 

















 !"







#$ 
%








&'()*+,-.(/+.0/1)2')-3)34


5 6
7
78

9


7
:;<
=:




8

9
7








8

9


9


7

:;<
=:

>
?@








#$ AB@7




5 6A@

"


5 6


#$ 

:;<
=:

CAD@




"




&E)2+)'.E,-3FG)&E/.E,-34

=9





#$ 7






:;<
=:

C 


9

7




HIJKJLHMNOPQHRJKSIT

U

VW

&EE+,-301./-.()'()3)-./.E&)4



:;<
=:



7
XNRYSZHQJ[\I\]HYW

!7
"

7






 


:;<
=:

C






7











:;<
=:

C


77

"




!

:;<
=:

C

7



:

"
7

7"



7
5 6
5 6


















5 6







!




5 6!
7








^














5 6

&EEE1,+/1/_)-+`()'()3)-./.E&)4

a#

!=


b!
7


=










"


5 6

E2E-30(/-+)()c0E()d)-.34




:;<
=:










5 6
"

 











>

efLLLK\gKLKJhfIMHYiSYjHYkTlS[RHIT\JKSIL\mTSnJoHpJ\JHSn 



 












!"
#$"$%"&
#'#(%)*






+

%""",#'
,,
,)*
-+

.
+

*

*-

+
/
/


01234


56



+


7
  89:;<=:9>9?@A9B:C

D1EF2G3D-FD


/
H/
/H
/
/

1.DIH
/
/
/

H



/


/


H

+/


J
/



K






H


H/H/

L+
H
/



+/


H
H
M

+

/+++

1EF2G3D-FD
/+
+



+



N+


1

7

89OPQ?B:AR@?A9:SC

E


/
/
1

+



+
+





M/


M
T

L7-

/

N+



/
M



1EF2G3D-FD1.DI71.DI

L

N+/
/


/+

+

L7

899><;<R@UVOA@A<V@:;UB?@UU@WOC

D1EF2G3D-FD


M

/

HH
/


MH
+
H
+

H

/

H
/+7.

/
M/

X/+
//
LHY/
/
Z+
[


0YZ[4
N+

+7DYZ[





M


/

LXX
L7.
//
H




M
//

+

M+
/N+





/+


N+
/
\1]^
6_7`a6X`Hb1]^
baaH
/\1]^
`67

8999OBc<d@UP@A9B:?R9A<R9@C

[
+


+/
1EF2G3D-FD



+/H+

/H


M
e

-7 ]
04K

M


Lf Z7 ]
04T



N+

g


/K

H


L



/
//+




f
17 ]
04+
/

/

L
N+

f
Y7 ]
04

/
N+
/



/X




N+
//+
f
[7]
04


/
[N+
[

E
+
f
/
]7]
04

/
/+
1.DI7
 
















 





!

"#$%&'()*+,'+(-*-%+#&','.#'+-/$#-0(1

2
3




4







5






6


 

6



7
8


9

46
:6;<
=
;>?@
5>











7

7
9


 A



7




<

:






BCDEF








!





=;>?@
5>
GHA :





:66

2
3
!2

:64

A A2
34



:A



;

 
I4JKJL!M

7


7

6 



:
7


:




:6

!


 : 








:6
 

N
7:
 



A






!2
3

:





 









6




:6




!

"$%&(+O/&O&(,*1




7
7

  



9
 A

2
3!>

6




7N

=

GHA 
A!2



 


6


GPKH
6
=A42
3A 

6



Q




GH7

!2


A4

7

6











2
3



N
:


67
7!2
3

:






8

A7
77



6




!5

7
7
7
 







7

:
!
  "$#%&'+/,%+(R,S/--T-'+(1




;>?@
5>




7




6

2
3



 








<4

;>?@
5>
U7
742
3



!V


6


;>?@
5>


 
7
7G8
:

H4A;>?@
5>



7
;>?@
5>
!5



 



!





N
;>?@
5>
Q7


 7





A






A4;

 
P 4JKJL!2




<

7
7
7


2
3

6




!2
3

:





7
76






6

:
4

7


8

A
7
7

:
7




<4


6

A;>?@
5>




N

4

A
7





<






!2
3

:





6
:

77
8












2
3!

"$##%&TO-'(,+#&'1

5!5
6
=
9


7


7
8









<
 
7
6



7
7

WXYZD[YC\]^_`EYaDF[bc!

A
 








































 !"#$%&'"&(
)








*"













*"
























+,-*!
































*
.*
 !"#$%&'"&










 










 /&0







12)
* /&0












3








 !"#$%&'"&






*

* 4





 !"#$%&'"&







 /&0*#























*/























*

5677789:;<=>7?8@<;?8<A=B:CC8DEF;:A=G

!

































 



 /&0* /&0







* 






 !"#$%&'"&













 /&0


H)

 /&0






*

575=ABA;F;:A8@IEBJ7@7DBA78:=K=8IL@8<FBAB:CD8:A;:AG 
#!-

















M
 '* NOPQRSTUPOUVWUX

1*'












Y)
















(




*
Z






































*

[*!





 /&0




(





*

.*\]V^_`abVacUbQX


















































 !
"# $%&!' !(
)



*






"+!, 

- '










*



"+!, "+!,










*






 

. +

(











/














*















*





 

0 !




*



"# $%&!' !


*














"  123456789:

- $#;




*.<
/





/


 "


*




*
 

 . $#;




*
=
 


>
 !"



>
 $



*





>
 +


















>
 

"# $%&!' !

?


*




*










>
 '*



@A;
>
 "













BCDEFGHIJKLMHNOPQGKNGRPKQDIDSKGDHNOKNTUVQVSGDHNMWDGVWDKX>

Y/















@A;





/




/

 '










"# $%&!' !



/







"+!, 


Item No.

6. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Acceptance of Project - Island Annexation 474B Sewer Project SOURCE: Engineering and Project Management
COMMENT: Todd Companies has completed the Island Annexation Area 474B Sewer Project per plans and specifications. The project consisted of the installation of 6,872 lineal feet (1.30 miles) of 8" and 6" diameter sewer mains, twenty-four (24) sewer manholes, and 107 sewer laterals.

Staff tracks construction costs of all Capital Improvement Projects and reports construction expenditures when the project is accepted by City Council. At its meeting on June 6, 2022, the Council authorized an expenditure of $2,574,900 for construction, construction management, and quality control and inspection services for the project. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost is $2,357,457

2. Construction management, quality control and inspection service costs are $142,490.79
Total project construction costs equate to $2,499,947.79, which is less than the $2,574,900 overall budget approved by Council at the time of award. The funding sources for this project include proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds and the Sewer Revolving Fund.

Todd Companies requests that the Council accept the project as complete. Staff has reviewed the work and found it acceptable.

RECOMMENDATION: That the City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the release of the five percent (5%) retention thirtyfive (35) days after recordation, provided no stop notices have been filed.

ATTACHMENTS: 1. Locator Map
Item No.

6. Appropriated/Funded:

Review By:

Department Director:

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

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 474B

SUBJECT

LOCATION N PROSPECT ST

W NORTH GRAND

AVE N BEVERLY ST N NEWCOMB ST N DOUGLAS ST N PROSPECT ST LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN

W LINDA VISTA AVE
Item No.

7. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Authorization to Execute Cooperative Agreement with Tulare County Association of Governments and the Tule River Tribe
SOURCE: Engineering and Project Management
COMMENT: The Tulare County Association of Governments (TCAG) has requested assistance from the City of Porterville in delivering the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project on behalf of the Tule River Tribe. With the grand opening of the new Eagle Mountain Casino, now located in the city of Porterville, and the Sports Complex adjacent to the new Casino, the City anticipates an influx of new visitors and growth in the local economy. An Active Transportation Program (ATP) Plan is in the process of being developed for the Porterville Municipal Airport area, evaluating connectivity between the Airport, Casino, Fairgrounds and the Sports Complex.

While this change is occurring in the city, the Tribe also wishes to experience pedestrian improvements on the Tule River Reservation. The project is also timely given the lone historic pedestrian bridge over the Tule River on the Reservation was destroyed during the March 2023 storm and flooding event. In addition to the construction components that the City would assist in, TCAG will be responsible for non-infrastructure components of the project, which includes a comprehensive bicycle and pedestrian safety education program for the youth and adults living on the Reservation and will also provide them with multi-sport adjustable helmets,LED bike lights, and reflective stripe backpacks.

Funding for the project is provided by Metropolitan Planning Organization (MPO) Active Transportation Program (ATP) grant funding with the City being reimbursed by TCAG for all expenses in delivery of the infrastructure portion of the project, including staff time. Any and all expenses not covered by the allotted MPO ATP funds are the responsibility of the Tule River Tribe and they will be invoiced by TCAG for reimbursement.

The Cooperative Agreement for this project provides the framework for the collaboration between the City, TCAG, and the Tribe, defining the terms, conditions, and responsibilities of each party for the design, construction, and implementation of the project with the City serving as the lead agency.

RECOMMENDATION: That the City Council:

1. Approve entering into a Cooperative Agreement with the Tulare County Association of Governments and the Tule River Item No.

7. Tribe for the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project;

2. Authorize the City Manager to sign said Agreement upon approval of all parties and respective legal counsel; and

3. Direct the Assistant City Manager to send the signed agreement to TCAG and the Tule River Tribe for Final
Execution.

ATTACHMENTS: 1. Draft Cooperative Agreement

2. Tule River Tribe ATP Project Renderings
Appropriated/Funded:

Review By:

Department Director:

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

COOPERATIVE AGREEMENT
for

TULE RIVER TRIBE COMPLETE STREETS AND TWO PEDESTRIAN BRIDGES PROJECT, PHASE 1
This Cooperative Agreement ("AGREEMENT") is made and entered into this _________ day of ________________, 2023 by and between the TULARE COUNTY ASSOCIATION OF GOVERNMENTS (hereinafter referred to as “TCAG”), the CITY OF PORTERVILLE (hereinafter referred to as “CITY”), and the Tule River Tribe (hereinafter referred to as “TRIBE”) for the Tule River Tribe Complete Streets and Two Pedestrian Bridges Project, Phase 1 (herein referred to as “PROJECT”). An individual signatory agency in this AGREEMENT is referred to as “PARTY.” Collectively, the signatory agencies in this AGREEMENT are referred to as “PARTIES.”

RECITALS
WHEREAS, with the grand opening of the new Eagle Mountain Casino in the City of Porterville and the Sports Complex adjacent to the new casino, CITY anticipates an influx of new visitors and growth in our local economy; and
WHEREAS, CITY and TCAG want TRIBE to experience change and improvements within their land; and
WHEREAS, CITY and TRIBE have fostered a positive and strong relationship that will allow CITY to deliver the infrastructure portion of the PROJECT for TRIBE in an effective and timely manner; and
WHEREAS, CITY is the lead agency for the infrastructure portion of the PROJECT; and WHEREAS, TCAG is the lead agency for the non-infrastructure portion of the PROJECT and will simultaneously implement and execute the non-infrastructure portion of the PROJECT; and
WHEREAS, TCAG will reimburse CITY for all expenses, including staff time, for the delivery of the infrastructure portion of the PROJECT with Metropolitan Planning Organization (MPO) Active Transportation Program (ATP) grant funding; and WHEREAS, TRIBE will reimburse TCAG for any and all expenses of both the infrastructure and the non-infrastructure portions of the PROJECT not covered by the allotted MPO ATP funds; and
WHEREAS, TRIBE understands and agrees that all aspects of the project will be delivered in a manner compliant with the MPO ATP grant funding; and WHEREAS, the PROJECT is located within TRIBE land in Tulare County; and WHEREAS, this AGREEMENT provides the framework for the collaboration between COUNTY and CITY defining the terms, conditions, and responsibilities of each PARTY for the design and construction of PROJECT; and
WHEREAS, PARTIES are authorized to enter into this AGREEMENT per the California Government Code sections 6500 and 23004, et seq., and the California Streets and Highways Code sections 1685 and 1803; and
NOW, THEREFORE, it is mutually understood and agreed by PARTIES as follows:

ARTICLE 1. DEFINITIONS
A. CEQA (California Environmental Quality Act) is the act (California Public Resources Code, sections 21000 et seq.) that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible.

B. CONSTRUCTION, as referred to in this AGREEMENT, is the project phase of completing the construction of PROJECT. Work includes, but is not limited to, construction contract administration, construction inspection, materials testing, construction survey, traffic detour, construction engineering, utility relocation, changes and modifications of plans and specifications for PROJECT necessitated by unforeseen or unforeseeable field conditions encountered during construction of PROJECT, construction contingencies, and all other necessary work after advertisement of PROJECT for construction bids to cause PROJECT to be constructed in accordance with said plans and specifications approved by PARTIES.

C. IMPLEMENTING AGENCY, as referred to in this AGREEMENT, is defined as the PARTY responsible for managing the scope, cost, and schedule of a project phase to ensure completion of said phase.

D. NEPA (National Environmental Policy Act) is the act that requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions.

E. NOTICE OF COMPLETION, as referred to in this AGREEMENT, is defined as CITY acceptance of construction work for the PROJECT.

F. PRELIMINARY ENGINEERING, as referred to in this AGREEMENT, is the project phase consisting of the preparation of plans, specifications, and cost estimates for PROJECT. Work includes, but is not limited to, topographic survey, environmental surveys and document preparation, hydraulics analysis, soils report, traffic index and geometric investigations, civil and structural design, utility engineering, and all other necessary work prior to advertisement of PROJECT for construction bids.

G. RIGHT-OF-WAY, as referred to in this AGREEMENT, is defined as the project phase of acquiring real property interests for PROJECT.

ARTICLE 2. COMPLETE AGREEMENT
A. This AGREEMENT, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this AGREEMENT between PARTIES and supersedes all prior representations, understandings, and communications between the PARTIES relating to the subject matter of this AGREEMENT. The invalidity in whole or in part of any term and condition of this AGREEMENT shall not affect the validity of other term(s) and condition(s) of this AGREEMENT. The above referenced Recitals are true and correct and incorporated herein by reference.

B. CITY’s failure to insist on any instance(s) of TCAG’S and/or TRIBE’S performance of any term(s) or condition(s) of this AGREEMENT shall not be construed as a waiver or relinquishment of CITY’S right to such performance or to future performance of such term(s) and condition(s), and TCAG’S and TRIBE’S obligation in respect thereto shall continue in full force and effect. Changes to any portion of this AGREEMENT shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this AGREEMENT and issued in accordance with the provisions of this AGREEMENT.

C. TCAG’S and TRIBE’S failure to insist on any instance(s) of CITY’S performance of any term(s) or condition(s) of this AGREEMENT shall not be construed as a waiver or relinquishment of TCAG’S and TRIBE’S right to such performance or to future performance of such term(s) or condition(s), and CITY’S obligation in respect thereto shall continue in full force and effect. Changes to any portion of this AGREEMENT shall not be binding upon TCAG and/or TRIBE except when specifically confirmed in writing by an authorized representative of TCAG and/or TRIBE by way of a written amendment to this AGREEMENT and issued in accordance with the provisions of this AGREEMENT.

ARTICLE 3. SCOPE OF AGREEMENT
This AGREEMENT specifies the roles and responsibilities of the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree to cooperate and coordinate with the other in all activities covered by this AGREEMENT and any amendments to this AGREEMENT. TCAG and TRIBE authorize the design and construction management of the Project to be delegated to CITY.

ARTICLE 4. RESPONSIBILITIES
A. Environmental Findings and Approvals/Permits
a. CITY is the CEQA Lead Agency and Caltrans is the NEPA Lead Agency for the PROJECT.
b. CITY will determine the type of CEQA documentation and NEPA documentation (per the approval of Caltrans) needed and will cause that documentation to be prepared in accordance with CEQA and NEPA Requirements. c. CITY will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.
d. TCAG will review, comment, and concur on all environmental documentation (including, but not limited to, studies, reports, public notices and public meeting materials, determinations, administrative drafts, final environmental documents, and revalidation) at appropriate stages of development prior to approval and public availability.
e. If CITY makes any changes to the environmental documentation, CITY will allow TCAG to review, comment, and concur on those changes prior to CITY’S (or Caltrans) approval at appropriate stages of development prior to public availability. f. If CITY makes any changes to environmental-related public notices (if any), then CITY will allow TCAG to review, comment, and concur on those changes prior to publication and circulation.
g. CITY will attend all environmental-related public meetings (if any). h. CITY is responsible for coordinating, obtaining, implementing, renewing, and/or amending the PROJECT’s permits, agreements, and/or approvals whether they are identified in the PROJECT’s scope of work or become necessary while completing the PROJECT.

B. Preliminary Engineering
a. CITY is the PRELIMINARY ENGINEERING IMPLEMENTING AGENCY. b. TCAG and TRIBE will make available to CITY all necessary COUNTY and TRIBE regulations, policies, procedures, manuals, standards, plans, and specifications required for the construction of PROJECT when requested by CITY. c. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility that conflict with construction of the PROJECT.
d. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the PARTIES’ rights-of-way in accordance with federal and California laws and regulations.
e. TCAG and TRIBE will delegate authority to CITY to act on behalf of TCAG and TRIBE on all utility relocation related matters.
f. Any necessary TCAG and TRIBE reviews of project studies, submittals, etc., shall be completed within 14 days of CITY submittal. If a response is not received within this time, TCAG and TRIBE will be deemed to have completed their reviews.

C. Right-of-Way
a. CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.
b. As RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF-WAY work except those activities and responsibilities that are assigned to TCAG and TRIBE.
c. The selection of personnel performing RIGHT-OF-WAY work will be in accordance with federal and California laws and regulations. d. RIGHT-OF-WAY conveyances must be completed within 180 days after filing of the NOTICE OF COMPLETION unless PARTIES mutually agree to other arrangements in writing.

D. Construction
a. CITY is the CONSTRUCTION IMPLEMENTING AGENCY.
b. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code, California Labor Code, and Federal guidelines.
c. CITY will not advertise the construction contract for PROJECT until TCAG and TRIBE accept the final plans, specifications, and estimate packages. d. TRIBE will grant to CITY, at no cost to CITY, permission to occupy or use public roads in TRIBE jurisdiction and any temporary RIGHT-OF-WAY that TRIBE owns or has an easement for, that is necessary for the construction of PROJECT. e. CITY will implement changes to the construction contract through change orders. f. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and TRIBE as additional obligee, and to carry liability insurance in accordance with the PROJECT’s specifications. g. Upon completion of PROJECT, TRIBE will operate and maintain in good condition and at TRIBE’S expense, all improvements constructed as part of PROJECT within TRIBE’S JURISDICTION.
h. CITY will file the NOTICE OF COMPLETION upon PROJECT’S written acceptance by TRIBE and approval by CITY Council.

E. Non-Infrastructure Elements
a. TCAG is the NON-INFRASTRUCTURE IMPLEMENTING AGENCY.
b. TCAG will implement and execute the non-infrastructure elements of PROJECT that include a comprehensive education of bicycle and pedestrian safety to the youth and adults living on TRIBE land. TCAG will provide 600 multi-sport adjustable helmets, LED bike lights and reflective stripe backpacks for the youth and adults who have completed a rigorous bicycle and pedestrian safety course as submitted on Exhibit 25R of the original grant application. c. TRIBE will grant to TCAG, at no cost to TCAG, permission to occupy or use public roads in TRIBE jurisdiction and any temporary RIGHT-OF-WAY that TRIBE owns or has an easement for, that is necessary for the non-infrastructure component of PROJECT.
d. CITY will implement changes to the construction contract through change orders. e. COUNTY will provide updates and documentation to CITY as required file the NOTICE OF COMPLETION upon PROJECT’S written acceptance by TRIBE and approval by CITY Council.

ARTICLE 5. FUNDING
A. TRIBE hereby acknowledges that all non-participating PROJECT costs (including Preliminary Engineering, Right-of-Way, and Construction and non-infrastructure phases, as well as aesthetic features requested by TRIBE) as well as participating PROJECT costs exceeded the allotted grant funds for the Tule River Tribe Complete Streets and Two Pedestrian Bridges Project (Phase 1), will be reimbursed to TCAG by the TRIBE. TCAG has established a funding amount totaling $2,981,000 (two million nine hundred eightyone thousand dollars) for PROJECT. The funding breakdown includes $168,000 (one hundred sixty-eight thousand dollars) for the PROJECT APPROVAL & ENVIRONMENTAL DOCUMENTS (PA&ED) phase, $357,000 (three hundred fiftyseven thousand dollars) for the PLANS, SPECIFICATIONS & ESTIMATE (PS&E) phase, $40,000 (forty thousand dollars) for the NON-INFRASTRUCTURE phase, and $2,416,000 (two million four hundred sixteen thousand dollars) for the CONSTRUCTION phase of PROJECT. If the initial fund allocations are not sufficient to cover all nonfederally participating PROJECT costs (due to cost increases or Caltrans’ determination of costs to be non-participating), TRIBE acknowledges that they must cover the differences and make payment to TCAG to cover the funding shortfall.

B. TCAG shall invoice TRIBE for any cost share of non-federally participating items and /or underfunded items of work.

ARTICLE 6. NO RIGHTS IN THIRD PARTIES
Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties that are not parties to this AGREEMENT or to affect the legal liability of either party to the AGREEMENT by imposing any standard of care with respect to the maintenance of CITY's property different from the standard of care imposed by law.

ARTICLE 7. INDEMNIFICATION
A. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by TCAG OR TRIBE under or in connection with any work, authority, or jurisdiction delegated to TCAG or TRIBE under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, TCAG and TRIBE shall fully indemnify and save harmless CITY and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by TCAG or TRIBE under or in connection with any work, authority, or jurisdiction delegated to TCAG or TRIBE under this AGREEMENT.

B. Neither TCAG or TRIBE nor any officer or employee thereof is responsible for any 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 delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and save harmless TCAG and TRIBE and its officers and employees from all claims, suits, or actions of every name, kind and description brought for or on account of injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this AGREEMENT.

ARTICLE 8. TERMINATION
This AGREEMENT shall terminate upon filing of the Notice of Completion, payment of final invoice, and transfer of control of improvements to TRIBE, unless the PARTIES agree through an amendment to this AGREEMENT to an extension of time.

ARTICLE 9. SEVERABILITY AND CONSTRUCTION
If any provision of this AGREEMENT is held to be illegal, invalid, or unenforceable under present or future laws, such provisions shall be fully severable. This AGREEMENT shall be construed and enforced as though such illegal, invalid, or unenforceable provision had never comprised a part of this AGREEMENT and the remaining provisions of this AGREEMENT shall remain in full force and effect.

ARTICLE 10. VENUE
This AGREEMENT shall be construed in accordance with the laws of the State of California without consideration of conflict of law principles. PARTIES agree to submit themselves to the JURISDICTION of the court venue in COUNTY in any action relating to this AGREEMENT or the enforcement of interpretation thereof.

IN WITNESS WHEREOF, the undersigned PARTIES have executed this AGREEMENT on the day and year first written above:

CITY OF PORTERVILLE
Date_______________ By__________________________________ John D. Lollis – City Manager
ATTEST: Patrice Hildreth
Chief Deputy City Clerk
of the City of Porterville
By__________________________________
Approved as to Form:

City Attorney
By__________________________________
TCAG
Date_______________ By__________________________________ Theodore Smalley - Executive Dir.

ATTEST:

By__________________________________
Deputy Clerk
Approved as to Form:

County Counsel
By__________________________________
Deputy
Tule River Tribe
Date_______________ By__________________________________ ATTEST:

By__________________________________
Deputy Clerk
Approved as to Form:

County Counsel
By__________________________________
Deputy

Item No.

8. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Emergency Operations Center & Public Safety Headquarters
SOURCE: Engineering and Project Management
COMMENT: At its meeting on July 18, 2023, the City Council authorized staff to begin negotiations for a scope and services contract with Darden Architects for design services for the Emergency Operations Center (EOC) & Public Safety Headquarters. Staff was unable to reach an agreement with Darden Architects regarding the liability and responsibility portions of the City's standard service agreement. After seeking counsel with the City Attorney, staff began negotiations with COAR Design Group as authorized by Council if staff were unable to negotiate an acceptable contract with Darden Architects.

During negotiations, it was determined by staff that an alternate option for the EOC & Public Safety Headquarters may be available to the City that, if deemed beneficial, would allow for further improvements to Fire Station 71 to accommodate the larger fire apparatuses common in today's market as well as additional staffing. The alternate option includes the structural upgrade and remodel of Centennial Plaza located directly across the street from City Hall for the EOC & Public Safety Headquarters, and then constructing an addition onto Fire Station 71 that would include an office and bedroom for a battalion chief and extension of the existing engine bays. The planned memorial to honor Fire Captain Ramon "Ray" Figueroa and Firefighter Patrick Jones, who both tragically lost their lives during the catastrophic Library fire on February 18, 2020, would be included as part of the addition to Fire Station 71.

In discussing the potential alternate option while negotiating with COAR Design Group, it was determined that a two-step approach to the design of the project would be the most beneficial. The first step is a contract with COAR Design Group to evaluate both location options for the EOC & Public Safety Headquarters to identify the advantages and disadvantages of each location, the preparation of two design layout options for each location, a schematic design concept for each location that includes building modifications, site adjustments and related impacts, development of building structural, mechanical plumbing and electrical system bass if design documentation for each station, a design narrative describing the feasibility of the design approach for each location, and preliminary cost estimates based on the building systems for each approach.

Staff will then utilize the items provided in this first step of the design contract to determine which option would be the most beneficial to the City both in cost Item No.

8. and in meeting the overall needs of the City now and in the future. The negotiated price for the first step in this design process is $197,400. Staff found the negotiated price acceptable. Funding is provided by a Cal OES Grant as approved in the Fiscal Year 2023/24 budget.

Once the concept design is chosen, staff will negotiate an addendum to the contract to complete the balance of the design work for the selected option and will seek Council approval for said addendum.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the first step in the design of the Emergency Operations Center & Public Safety Headquarters with COAR Design Group in an amount not to exceed $197,400; and

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

ATTACHMENTS: 1. Draft Service Agreement

2. Locator Map - Option 1

3. Locator Map - Option 2
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: November 7, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and COAR Design Group, 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: Emergency Operations Center & Public Safety Headquarters Project Description of Project: In general, the consultant design services as 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 in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Hundred Ninety-Seven Thousand Found Hundred Dollars, ($197,400).

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 design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. 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 One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement

and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

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.

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between Service Agreement

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
October 19, 2023
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Sarah Weaver
Project Manager, Engineering Division
City of Porterville
291 N. Main Street
Porterville, CA 93257
RE: Request for Proposals Professional Architectural and Engineering Design Services for Porterville Emergency Operations Center
Dear Ms Weaver:

We are pleased to provide this proposal for the design and construction of the EOC Project. This proposal is in response to the RFP as well as our follow up discussions. Please note that this proposal is based on preliminary concept design effort to help the City determine the best course of action on the two available options to located the EOC Building. Once the final option is selected a follow up proposal can be provided to include the balance of the services needed to finish the design and oversee construction of the facility. Our proposal includes the following disciplines: Civil, Structural, Mechanical, Plumbing, Electrical, Cost Estimating services. Landscape Architecture, Geotechnical Engineering and Hazardous Materials survey are not included at this time. The following sections include a more detailed explanation of the scope being provided. If there are scope items that are not included, or that are not necessary, we are pleased to adjust the scope to meet your needs.

The general scope of the project options is as follows: for each station is as follows:

Former Library Site
As described in the RFP, the intent is to provide a new fully functioning EOC and Public Safety Building on the site of the former library. This option will include the required offices as well as EOC space and breakout rooms, as well as connectivity to the traffic control division. The project will also include a memorial to the fallen firefighters from the Library fire.

Attachment "A"
Porterville EOC Proposal
October 19, 2023

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Centennial Building
This option considers repurposing a City owned facility to be converted into use as the EOC, including all required programming discussed above. The building will need to be upgraded to comply with Essential Service requirements to the greatest extent possible. The existing building was designed as a risk category II structure so the proposed change to an emergency operations center, which is a risk category IV occupancy, will trigger a mandatory retrofit to current code.

The concept design will discuss the retrofit implications due to the change of occupancy as well as potential remodel work to create a function EOC.

American Society of Civil Engineers (ASCE) 41: Standard for Evaluation and Retrofit of Existing Buildings will be used for the scope of work. The scope of work under this project will include an addition to the existing Fire Station 71 to utilize the former Library site.

We are proposing to offer the following scope of services.

TASK 1: PROJECT INITIATION

1. Meet with EOC Design Committee to discuss examples which the committee has seen on their tour of existing facilities, to review areas which the City feels are examples of both good and poor design elements. Hold a "Brainstorming" sessions with City personnel to discuss features of the new EOC design in order to understand and develop a detailed program for the project.

2. Meet with City Building and Planning Department to review all requirements including design review, access compliance and approval process.

3. Review available as-built documents, preliminary design or programming documents, and any previous studies or reports for the facility.

4. Provide a detailed design schedule indicating required milestone dates.

5. Establish communication channels with all parties involved.

TASK 2: CONCEPT DESIGN REPORT PHASE

1. Field investigation of each of the proposed sites to perform a general assessment of the condition of the building or site and its relationship to other City facilities. Items to be evaluated include:
o General assessment architectural conditions, including obvious accessibility deficiencies.
o General assessment of site components.

Porterville EOC Proposal
October 19, 2023

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920

2. Meet with Department staff, City’s Emergency Manager, other City personnel and external stakeholders to review program requirements and to confirm the current and future needs of the building occupants.

Prepare a program for spaces document for each room, their functional needs, and other related uses. Identify operating efficiencies that can be achieved including reorganization of operations and spaces to meet industry standards.

3. Evaluate current and future needs based on meeting essential standards for public safety facilities.

4. Determine conformance to NFPA, ADA and other codes as they apply.

5. Evaluate site suitability for parking, traffic flow, lighting, egress/ingress and needed and desirable site improvements.

6. Identify current deficiencies, evaluate upgrades, and identify potential future department needs.

7. Evaluate both alternatives, identifying advantages and disadvantages of each.

8. Prepare at least two (2) design options for each location.

9. Develop at schematic design concept for each location to include building modifications, site adjustments and related impacts.

10. Develop building structural, mechanical, plumbing and electrical system Basis of Design documentation for each station.

11. Prepare a design narrative describing the feasibility of the design approach. Develop preliminary needs assessment report to include existing conditions overview analysis, basic program requirements and recommendations for each option.

12. Make required submissions to Client for preliminary report review and comments.

13. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project).

Porterville EOC Proposal
October 19, 2023

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920

14. Prepare detailed cost estimate benchmarking, include recommendations on soft costs for each option.

15. Make required modifications to Concept Design to obtain Concept Design approval.

16. Make presentation to City Council as needed to present report and recommendations.

17. After obtaining approval of Concept Design we will provide a cost proposal to complete the balance of the design work for the selected option.

18. For the Concept Design Phase, we have included three in person and three virtual coordination meetings with selected staff and stakeholders.

ASSUMPTIONS & ADDITIONAL SERVICES
The following items are not included in the Basic Services and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis.

Additional Services not included in our basic scope of work include:

1. As-built measurements to create accurate as-built drawings.

2. Specific assessments of electrical, mechanical or plumbing systems and conditions for the existing building.

3. Topographic Survey of the sites for exterior civil and landscape issues including storm drainage, potential modifications to traffic patterns and review of all hardscape components.

4. Survey of the sites for asbestos, lead, electrical PCB’s, and mercury.

5. Landscape Architectural design services.

6. Attendance of any public hearings and/or additional meetings other than noted.

7. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction.

8. Schematic Design, Design Development, Construction Documents, Bidding or Construction Administration Services.

9. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings.

10. Hydraulic Pump Design for fire protection systems.

Porterville EOC Proposal
October 19, 2023

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920

11. Transportation/Traffic Engineering.

12. Commissioning or Enhanced Commissioning services.

13. FF&E coordination, selection, or procurement.

14. Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds, Plats or Easement documents, construction staking or other documents in conjunction with the project site or Right-Of-Way.

15. Preparation of documentation to process the project through the US Green Building Council as a LEED project.

16. Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost.

17. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost
We propose to provide the stated basic services for a fixed fee of One Hundred Ninety Seven Thousand Four Hundred Dollars ($197,400.00). Invoices will be submitted monthly for the work completed during the month, on any particular phase in accordance with City Guidelines.

The proposed breakdown for the Basic Services charges will be as follows.

Task 1: Project Initiation $ 25,000.00
Task 2: Concept Design Phase $167,400.00
Reimbursable Expenses $ 5,000.00
TOTAL BASE SCOPE $197,400.00
We appreciate the opportunity to present this proposal. We are available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. We are excited about the opportunity to work with you on this project. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 504-0984.

Respectfully,
Jeff Katz, AIA
Principal
Porterville EOC Proposal
October 19, 2023

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920

EXHIBIT A

HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis:

COAR DESIGN GROUP - Prime Architect
Principal Architect ....................................................................................$260.00/hr.

Senior Project Manager ..........................................................................$225.00/hr.

Project Architect/Manager ....................................................................$195.00/hr.

Design Manager ........................................................................................$195.00/hr Job Captain...............................................................................................$155.00/hr.

Specification Writer...................................................................................$195.00/hr.

Construction Administrator ......................................................................$190.00/hr.

Drafter.........................................................................................................$130.00/hr.

Administrative.............................................................................................$ 95.00/hr.

MCPARLANE ENGINEERING – Mechanical/Plumbing Engineer
Principal................................................................................................$225.00/hr.

Project Manager/Engineer ................................................................$150.00/hr.

Drafter.....................................................................................................$90.00/hr.

Administrative ........................................................................................$75.00/hr.

ELEN CONSULTING - Electrical Engineer (Hourly Multiplier 2.8) Principal................................................................................................$205.00/hr.

Project Engineer ..................................................................................$150.00/hr.

Drafter.....................................................................................................$85.00/hr.

Administrative ........................................................................................$60.00/hr.

ZFA - Structural Engineer
Principal................................................................................................$210.00/hr.

Project Manager .................................................................................$165.00/hr.

Senior Drafter .......................................................................................$115.00/hr.

Administration........................................................................................$95.00/hr.

DELANE - Civil Engineer
Principal................................................................................................$225.00/hr.

Project Manager .................................................................................$215.00/hr.

Project Engineer ..................................................................................$185.00/hr.

Drafter...................................................................................................$115.00/hr.

Administration........................................................................................$95.00/hr.

Porterville EOC Proposal
October 19, 2023

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 GRIFFIN STRUCTURES - Cost Estimator
Principal................................................................................................$175.00/hr.

Senior Cost Estimator ..........................................................................$150.00/hr.

Junior Cost Estimator...........................................................................$120.00/hr.

Administration........................................................................................$90.00/hr.

COAR assumes responsibility for all work performed by sub-consultants on the project and factors in required time to coordinate the sub-consultants work.

However, JKA does not markup sub-consultant work, which will be billed at the direct rate provided by the consultant.

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
Option 1

PROPOSED ADDITION
TO STATION 71

PORTERVILLE CITY HALL

PROPOSED EOC

LOCATION

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.

9. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Fleet Management Software Renewal
SOURCE: Public Works
COMMENT: The City's Public Works Department Equipment Maintenance Shop operates Fleet Management Software provided by a proprietary vendor, Ron Turley Associates. The existing one-year contract expires on November 30, 2023. City staff has been testing the paperless shop version of the software and is interested in extending it for further evaluation. The cost for the one-year contract renewal with Ron Turley Associates is $12,512, and the renewal will allow staff sufficient time to analyze the paperless shop operation and compare it with alternative vendors. The service contract includes cloud hosting services, unlimited technical support, a mobile application, a new web-based application, and provides training for staff performing data entry.

The funding for the service contract renewal and extension will be funded from the Equipment Maintenance operating budget.

RECOMMENDATION: That the City Council:

1. Approve the software contract with Ron Turley Associates for one year in the amount of $12,512.00; and

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

ATTACHMENTS: 1. Ron Turley Associates Inc Invoice
Appropriated/Funded:

Review By:

Department Director:

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

Item No.

10. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Request for Approval to Renew Vast Networks Internet Services SOURCE: Finance
COMMENT: The Finance Department-Information Technology Division requests approval to renew the Vast Networks fiber internet services to the City's data center. The City currently utilizes two Vast Networks fiber internet connections for primary and backup internet connections. The two Vast connections traverse divergent paths, and each connection has a symmetric bandwidth of 500Mbps. Vast Networks also provides 24-hour network support and a network availability uptime of 99.99%.

Staff has requested and received several proposals. Below is a summary of the services and cost proposals and a comparison with the current provider:

Vendor
(Provider)
Term Bandwidth Primary
Circuit
(Monthly)
Secondary
Circuit
(Monthly)
NonReoccuring
Charge
Total
(Annual)
Vast
Networks
36 months
500 Mbps
(each
circuit)
$600.00 $600.00 $0.00 $14,400.00
Zoom
Loop
Telecom
(AT&T)
36 months
500 Mbps
(each
circuit)
$950.00 $950.00 $500.00 $23,300.00
Zoom
Loop
Telecom
(Spectrum)
36 months
500 Mbps
(each
circuit)
$1,099.00 $1,099.00 $500.00 $26,876.00
Staff recommends the renewal of Vast Networks fiber internet services at a cost of $1,200 monthly, which is annualized to $14,400. There are no additional non-reoccuring charges for the service, and this will prevent downtime and charges from overlapping internet services. The annual cost of the service will be covered in the Finance Department's operating budget from the General Fund.

RECOMMENDATION: That the City Council approve the purchase of Vast Networks Item No.

10. fiber internet services at a cost of $14,400 annually for three years.

ATTACHMENTS: 1. Vast Networks Proposal

2. Zoomloop Telecom, LLC. (AT&T) Proposal

3. Zoomloop Telecom, LLC. (Spectrum) Proposal
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
This service order is entered into by CVIN, LLC. dba Vast Networks (“Vast”) and execution by both Parties (“Effective Date”). The services described herein are governed by Customer.

The following pricing is good for 30 days from the date above. If term discount pricing is selected early disconnect penalties will apply. This quote does not reflect billable government taxes, surcharges are subject to change by Governmental Authority Customer and the individual below represent that named individual has the authority to bind Customer to this Contract.

Service Order
CVIN / Vast Networks Customer Billing Information
7447 N. Palm Bluffs #105
Fresno, Ca 93711
Office: (559) 554-9100
Fax: (559) 442-6047
On-Site/IT Contact Information Accounting Contact Information Term in Months: Customer Initials acknowledging Term
CVIN, LLC. dba Vast Networks
Signature:_____________________________
Print Name: ___________________________
Title:_________________________________
Date:_________________________________
CUSTOMER:

Signature: ______________________________
Print Name: _____________________________
Title: ___________________________________
Date: ___________________________________
Contract #:

Date:

Customer ID:

Salesperson:

Company:

Address:

City/St/Zip:

Phone:

Company: Company:

Name: Name:

Phone: Phone:

Email: Email:

Qty Item # Installation Address Description
Monthly
Recurring
Total Non-Recurring
Total Recurring
:

Email:

C
2357
10/23/2023
202209-1357
Adam Hughes
City of Porterville
291 N Main St
Porterville CA 93257
559-782-7499
City of Porterville
Robert Campos
559-782-7432
[email protected]
City of Porterville
Irene Anaya
559-782-7456
[email protected]
1 500Mbps 40 W Cleveland Ave, Porterville CA
93257
500Mbps Dedicated Internet Circuit $ 0.00 $ 600.00
1 500Mbps 350 N D St, Porterville CA 93257 500Mbps Dedicated Internet Circuit $ 0.00 $ 600.00 $ 0.00
$ 1,200.00
36 City of Porterville
Renewal of Services
City of Porterville
Robert Campos
[email protected]
Proposal
City of Porterville
c/o Robert Campos
40 W CLEVELAND AVE
PORTERVILLE, CA 93257-3649
TO ORDER PLEASE CONTACT:

Zoom Loop Telecom LLC Office
Phone - (559) 825-0987
Email - [email protected]
Thank you for choosing Zoom Loop Telecom LLC to assist you in finding a solution to your telecommunications needs. The quotes we are providing you today are from service providers we feel are best suited to address the specific needs of your business according to your technical requirements and budget.

Install Location: 40 W CLEVELAND AVE , PORTERVILLE, CA 93257-3649 Install NPA/NXX: 559-782 Dedicated Internet Access
Service Description Bandwidth
down | up
Router
/ Modem Term Install / Monthly
1 AT&T FIA (Fiber Internet) 500M x 500M No 3 Year
$250.00
$950.00
** Details of this circuit can be found at the end of this quote Install Location: 350 N D ST , PORTERVILLE, CA 93257-3651 Install NPA/NXX: 559-782 Dedicated Internet Access
Service Description Bandwidth
down | up
Router
/ Modem Term Install / Monthly
2 AT&T FIA (Fiber Internet) 500M x 500M No 3 Year
$250.00
$950.00
** Details of this circuit can be found at the end of this quote Please review this quote and ask any questions you have. My job is to see that you make the most informed decision possible on this, and hopefully future telecom purchasing decisions you make. By working with me you receive the following benefits.

Objectivity - As a broker of services I am not biased toward a particular service provider. I have access to over 30 carriers, which means I can find the service that fits you best, every time.

1. Guidance - Although you may only sign a telecommunications contract every few years, I help companies sign contracts every day.

Using proprietary pricing software that is updated in real-time, I have access to technology that allows me to guide you through the process of quoting, selecting an appropriate provider, provisioning and any customer service issues you may have.

2. Leverage - By putting a significant volume of traffic through our providers, my firm has access to special pricing discounts that you just can't get direct, or with another broker. In fact, we were the top sales partner with many of our carriers – which ultimately benefits you if you do business with me.

3. Low Price Guarantee - You won't find a better deal going directly to our vendors or by going to another broker who sells these same vendors. How can we offer such a guarantee? See Bullet 3.

4. I appreciate your interest in my services and I look forward to providing you the best service, reliability and value in the telecommunications market place.

THIS DOCUMENT WAS CREATED USING OUR PATENTED GEOQUOTE TECHNOLOGY. THE INFORMATION IT GENERATED, FOUND ON THIS PAGE, IS FOR THE SOLE USE OF THE INTENDED RECIPIENT(S) AND CONTAINS CONFIDENTIAL AND PRIVILEGED INFORMATION. ANY UNAUTHORIZED

REVIEW, USE, DISCLOSURE OR DISTRIBUTION, ESPECIALLY AS IT RELATES TO MAKING DIRECT CONTACT WITH THESE VENDORS, CONSTITUTES A VIOLATION OF OUR INTELLECTUAL PROPERTY.

Expiration Date: 11/15/2023    This proposal was generated Tuesday, October 17, 2023

Proposal
City of Porterville
c/o Robert Campos
40 W CLEVELAND AVE
PORTERVILLE, CA 93257-3649
TO ORDER PLEASE CONTACT:

Zoom Loop Telecom LLC Office
Phone - (559) 825-0987
Email - [email protected]
Thank you for choosing Zoom Loop Telecom LLC to assist you in finding a solution to your telecommunications needs. The quotes we are providing you today are from service providers we feel are best suited to address the specific needs of your business according to your technical requirements and budget.

Install Location: 40 W CLEVELAND AVE , PORTERVILLE, CA 93257-3649 Install NPA/NXX: 559-782 Dedicated Internet Access
Service Description Bandwidth
down | up
Router
/ Modem Term Install / Monthly
1 Spectrum Business (Fiber) 500M x 500M No 3 Year
$250.00
$1,099.00
** Details of this circuit can be found at the end of this quote Install Location: 350 N D ST , PORTERVILLE, CA 93257-3651 Install NPA/NXX: 559-782 Dedicated Internet Access
Service Description Bandwidth
down | up
Router
/ Modem Term Install / Monthly
2 Spectrum Business (Fiber) 500M x 500M No 3 Year
$250.00
$1,099.00
** Details of this circuit can be found at the end of this quote Please review this quote and ask any questions you have. My job is to see that you make the most informed decision possible on this, and hopefully future telecom purchasing decisions you make. By working with me you receive the following benefits.

Objectivity - As a broker of services I am not biased toward a particular service provider. I have access to over 30 carriers, which means I can find the service that fits you best, every time.

1. Guidance - Although you may only sign a telecommunications contract every few years, I help companies sign contracts every day.

Using proprietary pricing software that is updated in real-time, I have access to technology that allows me to guide you through the process of quoting, selecting an appropriate provider, provisioning and any customer service issues you may have.

2. Leverage - By putting a significant volume of traffic through our providers, my firm has access to special pricing discounts that you just can't get direct, or with another broker. In fact, we were the top sales partner with many of our carriers – which ultimately benefits you if you do business with me.

3. Low Price Guarantee - You won't find a better deal going directly to our vendors or by going to another broker who sells these same vendors. How can we offer such a guarantee? See Bullet 3.

4. I appreciate your interest in my services and I look forward to providing you the best service, reliability and value in the telecommunications market place.

THIS DOCUMENT WAS CREATED USING OUR PATENTED GEOQUOTE TECHNOLOGY. THE INFORMATION IT GENERATED, FOUND ON THIS PAGE, IS FOR THE SOLE USE OF THE INTENDED RECIPIENT(S) AND CONTAINS CONFIDENTIAL AND PRIVILEGED INFORMATION. ANY UNAUTHORIZED

REVIEW, USE, DISCLOSURE OR DISTRIBUTION, ESPECIALLY AS IT RELATES TO MAKING DIRECT CONTACT WITH THESE VENDORS, CONSTITUTES A VIOLATION OF OUR INTELLECTUAL PROPERTY.

Expiration Date: 11/15/2023    This proposal was generated Tuesday, October 17, 2023 Details of the Services in Your Quote:
1 Quote 2874954
Quote Line 128
Disclaimer Disclaimer
The discretionary pricing is for On-Net, Autobuild, Quick Build, and Renewal service locations.

Double Check Serviceability Check location in Spectrum's portal (sometimes there are informative notes on serviceability requirements) IPs
Notes

1. Basic Cisco Router Included

2. Initial 1 IP (/30) or 5 IP (/29) included

3. Next generation Spectrum Router/Firewall options using Cisco and Fortinet now available

4. Next generation Spectrum Managed LAN Services including Switches, WIFI and Cameras now available Contact your Spectrum Regional Manager for additional information Quarterly Promos
PROMOS

1. 3 Months Spectrum Managed Services for FREE
**Subject to change Contact your Spectrum Regional Manager for details. 2 Quote 2874957
Quote Line 165
Disclaimer Disclaimer
The discretionary pricing is for On-Net, Autobuild, Quick Build, and Renewal service locations.

Double Check Serviceability Check location in Spectrum's portal (sometimes there are informative notes on serviceability requirements) IPs
Notes

1. Basic Cisco Router Included

2. Initial 1 IP (/30) or 5 IP (/29) included

3. Next generation Spectrum Router/Firewall options using Cisco and Fortinet now available

4. Next generation Spectrum Managed LAN Services including Switches, WIFI and Cameras now available Contact your Spectrum Regional Manager for additional information Quarterly Promos
PROMOS

1. 3 Months Spectrum Managed Services for FREE
**Subject to change Contact your Spectrum Regional Manager for details.

Item No.

11. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Skatepark Improvement Project
SOURCE: Engineering and Project Management
COMMENT: At its meeting on September 5, 2023, the City Council authorized staff to begin negotiations for a scope and services contract with Spohn Ranch, Inc for fullservice materials and installation of skatepark improvements for the Porterville Skatepark to replace the existing unimproved portions of the skatepark.

Staff was able to negotiate the contract at a not to exceed price of $190,000. An additional $5,000 is required for contingency, construction management, surveying, quality control and inspection services (2.63%) equating to a total project cost of $195,000. Funding for this work is provided by a California State Parks Per Capita Program grant in the amount of $100,000 for this project.

An additional $95,000 in General Fund Capital Construction/Improvement Designated Fund is required to fully fund the project.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Skatepark Improvements Project with Spohn Ranch, Inc in the amount of $190,000:

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

3. Authorize an additional $5,000 for contingency, construction management, surveying, quality control and inspection services; and

4. Approve the draft Resolution authorizing an appropriation of $95,000 from the Capital Construction/Improvement Designated Fund to fully fund the Skatepark Improvement Project.

ATTACHMENTS: 1. Draft Resolution

2. Draft Service Agreement

3. Skatepark Improvement Project Exhibit

4. Locator Map
Item No.

11. Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND FOR

THE SKATEPARK IMPROVEMENT PROJECT
WHEREAS: The City of Porterville Municipal Code Section 2-31.4, established the Capital Construction / Improvement Designated Fund for the exclusive purpose of providing funds to support new capital construction and/or improvement projects; and WHEREAS: The Skatepark Improvement Project is a capital improvement project that will complete the improvements within the existing boundaries of the City’s Skatepark; NOW, THEREFORE, BE IT RESOLVED:

1.That the City Council of the City of Porterville make a finding that the Skatepark Improvement Project is a construction improvement project that benefits the community, and is within the intent and purpose of the Capital Construction / Improvement Designated Fund; and

2.That the City Council of the City of Porterville does hereby approve and authorize the appropriation of an amount not to exceed $95,000 from the Capital Construction / Improvement Designated Fund for the Skatepark Improvement Project; and PASSED, APPROVED and ADOPTED this 7th day of November, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: November 7, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Spohn Ranch, Inc, 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: Skatepark Improvement Project
Description of Project: In general, the consultant will be full-service materials and installation of skatepark improvements for the Porterville Skatepark to replace the existing unimproved portions of the skatepark per Cost Estimate Breakdown (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 in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Hundred Ninety Thousand Dollars, ($190,000).

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 design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. 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 One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement

and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

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.

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between Service Agreement

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
PORTERVILLE SKATEPARK IMPROVEMENTS | PORTERVILLE, CALIFORNIA | 75% DESIGN DEVELOPMENT SCOPE OF WORK: ESTIMATED COST:

BASE BID:

DESIGN DEVELOPMENT & CONSTRUCTION DOCUMENTS $5,000.00
MOBILIZATION & GENERAL CONSTRUCTION REQUIREMENTS $25,000.00 DRAINAGE $4,000.00
EARTHWORK $5,000.00
STEEL COPING, EDGE PROTECTION & GRIND RAILS $12,000.00
CONCRETE ELEMENTS $54,000.00
CONCRETE FLATWORK $60,000.00
BASE BID SUB-TOTAL: $165,000.00
ADD ALTERNATES:

GRIND LEDGE $5,000.00
GRIND LEDGE $5,000.00
CIRCLE MANUAL PAD $5,000.00
BANK RAMP $10,000.00
ADD ALTERNATES SUB-TOTAL: $25,000.00
GRAND TOTAL: $190,000.00

COST ESTIMATE // SKATEPARK IMPROVEMENTS
"Attachment A"

SKATE PARK

ENGINEERING DIVISION

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

SKATE PARK

W HENDERSON AVE

VETERANS PARK

PORTERVILLE

WWTP N NEWCOMB ST
Item No.

12. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Golf Course Driving Range Netting Project
SOURCE: Engineering and Project Management
COMMENT: At it's meeting on September 19, 2023, the City Council authorized staff to begin negotiations with Judge Netting, Inc for a full-service materials and installation contract to replace the netting and poles at the City's golf course driving range. The project includes the setting of the replacement poles for netting installation, running all necessary cabling, affixing hardware and rigging, sewing a poly rope border into the sections of netting, and stretching all cables before hanging the net. This project will also raise the height of the existing netting on the south side of the driving range to fifty feet (50') for better protection of the neighboring apartment units.

Staff was able to negotiate the contract in the amount of $247,000. An additional $5,000 is required for contingency, construction management, surveying, quality control and inspection services (2%) equating to a total project cost of $252,000. Funding for this project is provided by American Rescue Plan Act (ARPA) funds in an amount not to exceed $300,000 as approved in the 2023-2024 Fiscal Year budget.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Golf Course Driving Range Netting Project with Judge Netting, Inc in an amount not to exceed $247,000;

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

3. Authorize an additional $5,000 for contingency, construction management, surveying, quality control and inspection services.

ATTACHMENTS: 1. Draft Service Agreement

2. Locator Map
Appropriated/Funded:

Item No.

12. Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: November 7, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Judge Netting, Inc, 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: Golf Course Driving Range Netting Project Description of Project: In general, the consultant will be full-service materials and installation/replacement of the netting and poles at the City’s golf course driving range per Cost Estimate Breakdown (Attachment “A”). (Base bid plus Add Alt #1, #3, & #4)
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 in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed Two Hundred Forty-Seven Thousand Dollars, ($247,000).

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 design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. 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 One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement

and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

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.

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between Service Agreement

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

11851 Westminster Avenue Garden Grove, CA 92843
Office (800) 955-6788 (714) 265-2200 FAX (714) 265-2400 California Contractors License # 779080
www.judgenetting.com
Proposal and Contract
October 20, 2023

Mr. Donnie Moore: Parks and Leisure Services Director
City of Porterville
291 N. Main Street
Porterville, CA 93257
Re: Porterville Municipal Golf Course- Range Modifications Dear Mr. Moore:

We propose to supply the material, labor, and equipment necessary to perform the following:
- Remove & replace approximately 1,570’ LF of existing netting, cable & hardware on the range. - Demo & replace (1) broken wood pole at the back of the range with a recycled wood pole at existing height. - The new netting will be UV treated polyester golf netting with sewn in perimeter, vertical, and horizontal rope border. - New cable will be extra high strength galvanized 5/16” and 3/8” and all new hardware will be heavy duty ¾” along with galvanized attachment hardware. We will install galvanized anchors and down guys at the ends and corners of the barrier as needed.
______BASE BID: Price for work as described above is $97,900.

ADD OPTIONS:

Remove & replace the left side range barrier poles with new 50’ AGL composite poles, approximately 490’ LF. ______ADD ALT #1: $144,500.

Install 2” x 12” treated wood baseboard at the entire range. New netting will attach to the top of baseboard. ______ADD ALT #2: $39,200.

California stamped engineering. Price subject to change based on final review and calcs. ______ADD ALT #3: $4,200.

Performance & payment bonding.
______ADD ALT #4: 3% of total contract amount.

We are a licensed California Contractor, and all applicable taxes & prevailing wages are included in this proposal. (Please initial, total, and sign where applicable upon acceptance).

Payment Terms:

Monthly progress payments due upon scope completion. Invoices not paid when due are subject to a service charge of 1-1/2% per month. This is an annual percentage rate of 18%. Should a suit be instituted to enforce the provisions of this Proposal and Contract, the prevailing party shall be entitled to reasonable attorney’s fees and court costs as determined by the court or other tribunal hearing the matter. Time is of the essence in the performance of this work.

Standard Assumptions:
 Our prices are firm for acceptance for a period of 30 days only.

X
X
X
X
Attachment "A"
Mr. Moore October 20, 2023
Porterville Municipal Golf Course- Range Modifications
2  Good digging conditions are defined as being able to complete the excavation using our auguring equipment. Should rocky, sandy, or wet conditions be encountered, an additional charge will include cost, plus 10%.  The client will be responsible for locating all private underground utilities located on their property.  The material that is excavated from the holes will be spread next to the hole or disposed of on property as directed.  Necessary and reasonable access “to,” “from,” and “at” work site during construction.  Range & course activities may require alteration during construction to provide a safe working environment for our employees and equipment.
 Mobilization costs included in our proposal are based on one move on off. Any cessation of work due to lack of permits or any reason by the client will require a $4,000 re-mobilization charge with all work and materials invoiced to date.  Our proposal is designed on a basic Wind Speed (3 second gust) to be 92 miles per hour; Exposure Category ‘C', Topographic Factor (kzt) 1.0, per 2019 California Building Code (CBC) at 8% solid with a 150 Lateral soil pressure. If this standard is unacceptable to the governing code authority in your area, we will be pleased to install the structure to the necessary standards and requirements contingent upon acceptance of a revised proposal which will include any cost implications and/or modifications.
 If, during the performance of this contract, the price of contractor’s materials increases more than 10%, the price of said materials shall be equitably adjusted by the owner to account for said increase.

Standard Exclusions:
 We are a non-union company and, as such, will not become signatory to any labor agreement (PLA, MLA, CBA).  This proposal does not include any bonding, engineering, permit fees or related costs involved in securing permits except as noted in this proposal. If Judge Netting is not contracted to pull permits, the client is responsible for acquiring all permits and any costs relating to permit requirements. Should a government agency require changes, additional construction costs will be assumed by the client. Should the project be stopped for lack of permits or for any reason by a client or government agencies, material and work will be invoiced, and a remobilization fee shall apply.  Tree trimming, stump grinding, grubbing, site clearing, or foundation removal.  Temporary turf protection of any kind.
 Chain link, pole padding & baseboard.
 Indemnification: Judge Netting, Inc. will not indemnify any additional Owners, Architects, Contractors, or Agents.  Accidental non-negligent damage to driveways, parking lots, tennis courts, irrigation systems, or sod, that may be caused by our equipment.
 Subsurface or latent physical conditions at the site differing from those indicated.  Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.  The owner shall promptly investigate the conditions, and if it finds that conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order in the amount of contractor’s expenses incurred plus 10%.  Judge Netting makes no warranty, either expressly or implied, as to the protective capabilities of netting or structures, including height requirements and/or performance of any existing material or material used during construction.

Judge Netting's liability under this contract shall not exceed the price identified above.

Cancellation:

Upon execution by both parties, this Proposal and Contract is non-cancellable. Any cancellation by Purchaser shall entitle Judge Netting at its discretion, to collect any fees or charges it has incurred in preparation for delivery of the work outlined above.

We appreciate the opportunity to present this proposal. Please contact us at [email protected] or 714-265-2200 with questions or concerns.

JUDGE NETTING INC. ACCEPTED: CITY OF PORTERVILLE

By: By:

Authorized Signer Only
Date: October 20, 2023 Date:

Item No.

13. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: East Porterville Water Connection Second Dwelling Unit SOURCE: Community Development
BACKGROUND: The subject property, located at 1513 E. Roby Avenue, is located in East Porterville, outside the city limits and within the City of Porterville Urban Development Boundary. The property is currently developed with a singlefamily residential home. The property received approval of an Extraterritorial Service Agreement (ESA), as an emergency water service connection through the California Department of Water Resources Emergency Connection Project for East Porterville in which the subject property qualified as part of the East Porterville Feasibility Study Project Area. An application for an ESA was processed on September 15, 2016, and approved. The ESA included an Irrevocable Agreement for Annexation (IAA #29-16) and a Deed Restriction requiring City approval for future development in which a document was recorded at the Tulare County Recorder’s office as Record Number 2017-0061683 on October 6, 2017.

COMMENT: Staff received a request for a will serve letter in order to provide a second water connection service to existing property, for the development of a second residential dwelling unit on the property.

ANALYSIS: As a condition of water service connection through the ESA, a deed restriction was recorded that outlined “no expansion or modification of this use, including conversion of structures or addition of habitable structures, may be permitted without approval of the City Council of the City of Porterville”. The proposed development of a residential dwelling unit shall comply with the County of Tulare’s development standards.

ENVIRONMENTAL
REVIEW:

On October 19, 2023, the Environmental Coordinator made a determination that the project is exempt from CEQA §15301 Existing Facilities.

RECOMMENDATION: That the City Council adopt the draft Resolution approving a second water service connection at 1513 E. Roby Avenue.

ATTACHMENTS: 1. Draft Resolution
Item No.

13. 2. Site Plan

3. Locator Map

4. Extraterritorial Service Agreement

5. Irrevocable Agreement of Annexation
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

FOR APPROVAL OF A SECOND SERVICE FOR MUNICIPAL WATER FOR PROPERTY LOCATED AT 1513 E. ROBY AVENUE
WHEREAS: The California State Water Resources Board, in coordination with the Department of Water Resources conducted a feasibility study to define a long-term solution to the water related issues in East Porterville.; and
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of April 19, 2016 amended the procedures for annexation and extension of municipal services in Resolution 19-2016: and
WHEREAS: The property located at 1513 E. Roby Avenue qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on September 15, 2016; and
WHEREAS: The Extraterritorial Service Agreement (ESA) included an Irrevocable Agreement for Annexation, IAA # 29-16, and a Deed Restriction in which the document was recorded at the Tulare County Recorder’s on October 6, 2017 as Record Number 2017- 0061683; and
WHEREAS: The Deed Restriction outlined, “no expansion or modification of this use, including conversion of structures or addition of habitable structures may be permitted without approval of the City Council of the City of Porterville”; and WHEREAS: The future development of a residential dwelling unit complies with Tulare County’s development standards; and
WHEREAS: This project is exempt from CEQA pursuant to §15301 that CEQA only applies to projects which have the potential for causing a significant effect on the environment: and
NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby approve the request for a second water service for the future development of a residential dwelling unit:

1. All water service connections shall comply with all applicable codes, including but not limited to Porterville Municipal Code Section 26-2, which requires the abandonment of wells upon municipal service connection.

2. A back-flow device is required on the water meter.

3. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

Resolution No. __-2023

PASSED, APPROVED AND ADOPTED this 7th day of November, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
BY __________________________________
Patrice Hildreth, Chief Deputy City Clerk

Item No.

14. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Consent to Sublet - Lot No. 34F at the Porterville Municipal Airport SOURCE: Finance
COMMENT: Michael Quatacker and Debbie Quatacker are the current leaseholders of Lot No. 34F at the Porterville Municipal Airport. They recently contacted staff requesting to sublet their hangar to AM & FM Landucci Properties, LLC.

Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior written consent of the CIty. Michael Quatacker and Debbie Quatacker are therefore requesting approval to sublet their hangar located on Lot No. 34F to AM & FM Landucci Properties, LLC, on a month-tomonth tenancy, commencing on October 1, 2023. The hangar will be utilized for parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Michael Quatacker and Debbie
Quatacker, to sublet airport hangar on Lot No. 34F at the Porterville Municipal Airport to AM & FM Landucci Properties, LLC, commencing on October 1, 2023; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 34F on behalf of the City.

ATTACHMENTS: 1. Draft Lessor's Consent to Sublet

2. Letter of Request dated October 26, 2023

3. Sublease Rental Agreement

4. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 34F

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 34F, hereby consents to the request dated October 26, 2023, made by the Lessee, Michael Quatacker and Debbie Quatacker, to sublet said airport hangar at Lot No. 34F to AM & FM Landucci Properties, LLC, on a month-to-month tenancy, commencing on October 1, 2023, for the parking and storage of aircraft. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 7
th day of November, 2023.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No.

15. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Consent to Sublet - Lot No. 35 at the Porterville Municipal Airport SOURCE: Finance
COMMENT: Michael Quatacker and Debbie Quatacker are the current leaseholders of Lot No. 35 at the Porterville Municipal Airport. They recently contacted staff requesting to sublet their hangar #3 to Derral Bryan. Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior written consent of the CIty. Michael Quatacker and Debbie Quatacker are therefore requesting approval to sublet their hangar #3 located on Lot No. 35 to Derral Bryan, on a month-to-month tenancy, commencing on October 1, 2023.

The hangar will be utilized for parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Michael Quatacker and Debbie
Quatacker, to sublet airport hangar #3 on Lot No. 35 at the Porterville Municipal Airport to Derral Bryan commencing October 1, 2023; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 35 on behalf of the City.

ATTACHMENTS: 1. Draft Lessor's Consent to Sublet

2. Letter of Request dated October 26, 2023

3. Sublease Rental Agreement

4. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 35

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 35, hereby consents to the request dated October 26, 2023, made by the Lessee, Michael Quatacker and Debbie Quatacker, to sublet said airport hangar #3 at Lot No. 35 to Derral Bryan, on a month-to-month tenancy, commencing on October 1, 2023, for the parking and storage of aircraft. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 7
th day of November, 2023.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No.

16. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial status reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending September 30, 2023, are submitted.

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

ATTACHMENTS: 1. Quarterly Financial Status Report - September 30, 2023 Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
2023-2024 2023-2024 2022-2023 2022-2023
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 8,970,000 $ - - $ 8,373,700 $ 1,396 0.02% OTHER TAXES:

SALES AND USE TAX 8,390,000 736,774 8.78% 8,361,626 798,527 9.55% UTILITY USERS TAX 5,700,000 1,114,180 19.55% 4,600,000 1,105,740 24.04% TRANSIENT OCCUPANCY TAX 785,000 - - 840,000 939 0.11%
PROPERTY TRANSFER TAX 100,000 11,430 11.43% 120,000 - - FRANCHISE TAX 1,841,134 250,491 13.61% 1,661,134 250,291 15.07% SALES TAX - PUBLIC SAFETY 400,000 70,581 17.65% 300,000 42,403 14.13% PAYMENT IN LIEU OF TAXES 676,084 156,513 23.15% - - -
LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 1,055,000 241,666 22.91% 511,300 202,153 39.54% CONSTRUCTION PERMITS 655,000 147,131 22.46% 750,000 147,076 19.61% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 65,000 - - 68,000 - -
OTHER TAXES 21,000 - - 22,000 - -
REVENUE FROM AGENCIES-GRANTS 13,646,311 - - 167,538 8,502 5.07% USE OF MONEY AND PROPERTY 622,920 281,508 45.19% 304,000 70,080 23.05% FINES AND FORFEITURES 24,500 2,171 8.86% 32,500 1,756 5.40% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 123,000 20,683 16.82% 123,000 30,114 24.48% POLICE 505,000 109,901 21.76% 351,500 29,706 8.45%
FIRE 66,500 132,094 198.64% 40,500 57,065 140.90%
LIBRARY 12,000 4,893 40.78% 10,000 2,861 28.61%
RECREATIONAL 300,521 84,574 28.14% 3,098,755 133,180 4.30% INTERDEPARTMENTAL 2,500,000 697,687 27.91% 2,600,000 741,620 28.52% OTHER 77,454 21,043 27.17% 48,636 20,459 42.07%
OTHER REVENUES 153,000 20,251 13.24% 71,000 13,116 18.47% SUBTOTALS $ 46,689,424 $ 4,103,571 8.79% $ 32,455,189 $ 3,656,983 11.27% OPERATING TRANSFERS 1,404,053 264,581 18.84% 1,502,140 175,969 11.71% DEBT SERVICE TRANSFERS 195,300 49,894 25.55% 269,264 53,063 19.71% TOTALS $ 48,288,777 $ 4,418,046 9.15% $ 34,226,593 $ 3,886,014 11.35%

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2023 AND SEPTEMBER 30, 2022
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAX LICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Quarters Ended September 30, 2023 and September 30, 2022 23-24 22-23 PROPERTY TAXES 0% SALES & USE TAX
18%

UTILITY USERS TAX
25%
LICENSES AND PERMITS 9%
OTHER TAXES 9%
OTHER REVENUES 7%
OPERATING TRANSFERS 8%
CHARGES FOR SERVICES 24%
City of Porterville
General Fund Revenues
Quarter Ended September 30, 2023
2023-2024 2023-2024 2022-2023 2022-2023
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 288,950 $ 6,580 2.3% $ 222,917 $ 14,809 6.6% COMMUNITY PROMOTION 344,333 80,711 23.4% 330,952 63,200 19.1% EMERGENCY - LIBRARY 272,900 45,846 16.8% 336,105 62,468 18.6% EMERGENCY - STORMS 135,700 63,314 46.7% - - -
ADMINISTRATIVE & LEGAL:

CITY MANAGER 487,770 116,374 23.9% 398,209 113,847 28.6% CITY CLERK 328,130 71,234 21.7% 243,704 46,422 19.0%
HUMAN RESOURCES 458,284 105,715 23.1% 435,747 129,408 29.7% CITY ATTORNEY 200,000 - - 225,000 25,100 11.2%
FINANCE:

FINANCE & ACCOUNTING 1,340,386 277,594 20.7% 1,194,568 250,093 20.9% INFORMATION SERVICES 678,928 150,387 22.2% 683,476 150,310 22.0% ADMINISTRATIVE SERVICES 376,694 85,529 22.7% 323,154 84,178 26.0% POLICE PROTECTION 12,166,426 2,562,859 21.1% 10,958,716 2,398,371 21.9% FIRE PROTECTION 5,035,134 1,293,837 25.7% 4,661,381 1,177,607 25.3% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 808,063 126,887 15.7% 742,784 157,177 21.2% ECONOMIC DEVELOPMENT 528,208 74,155 14.0% 493,042 112,910 22.9% PUBLIC WORKS:

ENGINEERING & BUILDING 1,985,770 440,248 22.2% 1,687,371 376,361 22.3% STREET MAINTENANCE 665,102 134,366 20.2% 546,410 115,772 21.2% SIGNALS, SIGNING & STRIPING 391,661 59,599 15.2% 301,459 79,776 26.5% STREET LIGHTING 637,951 114,505 17.9% 539,518 60,197 11.2% STORM DRAINS 95,474 20,234 21.2% 92,585 18,491 20.0%
PARKING LOTS 86,951 12,422 14.3% 68,209 16,508 24.2%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,789,869 671,135 24.1% 2,624,504 678,113 25.8% STREET TREES & PARKWAYS 304,479 44,326 14.6% 234,169 50,703 21.7% COMMUNITY CENTERS - - - 96,217 5,002 5.2%
LEISURE SERVICES 440,937 84,000 19.1% 392,434 99,593 25.4% LEISURE SERVICES - SPECIAL PROG 449,336 221,962 49.4% 2,953,842 520,632 17.6% SWIMMING POOL 258,832 123,448 47.7% 173,950 118,972 68.4% LIBRARY OPERATIONS 873,445 156,589 17.9% 825,889 144,247 17.5% SPECIAL PROJECTS 37,955 4,937 13.0% 36,506 5,236 14.3%
SUB TOTALS 32,467,668 7,148,793 22.0% 31,822,818 7,075,504 22.2% OPERATING TRANSFERS 79,000 17,250 21.8% 79,000 17,250 21.8% DEBT SERVICE 1,626,622 - 1,596,469 -
$ 34,173,290 $ 7,166,043 21.0% $ 33,498,287 $ 7,092,754 21.2%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2023 AND SEPTEMBER 30, 2022
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
$2,200,000
$2,400,000
$2,600,000

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

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Quarters Ended September 30, 2023 and September 30, 2022 23-24 22-23
LEGISLATIVE 3%
ADMINISTRATIVE & LEGAL 4%
FINANCE 7%
FIRE 18%
PARKS & LEISURE 18%
POLICE 36%
COMMUNITY DEVELOPMENT 3%
PUBLIC WORKS 11%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Quarter Ended September 30, 2023

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2023 AND SEPTEMBER 30, 2022
2023-2024 2023-2024 2022-2023 2022-2023
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 5,485,500 $ 507,943 9.3% $ 5,460,597 $ 501,266 9.2% MEASURE I SALES TAX 10,974,000 1,086,345 9.9% 10,741,776 977,565 9.1% AMERICAN RESCUE PLAN ACT 8,308,913 421,384 5.1% 11,113,000 350,665 3.2% SPECIAL GAS TAX 4,704,338 1,287,473 27.4% 4,757,438 1,106,200 23.3% LOCAL TRANSPORTATION FUNDS (LTF) 27,290,500 242,686 0.9% 32,849,952 37,420 0.1% TRAFFIC SAFETY FUND 101,000 15,711 15.6% 100,200 (49,175) - ZALUD ESTATE 6,800 905 13.3% 5,650 1,065 18.9%
COMMUNITY DEVELOPMENT BLOCK GRANT 3,170,500 14,727 0.5% 1,851,488 15,661 0.8% SPECIAL SAFETY GRANTS 881,028 - - 781,539 30 0.0%
SEWER OPERATING 7,444,900 1,792,555 24.1% 7,378,925 1,820,310 24.7% REFUSE REMOVAL 6,991,600 1,705,566 24.4% 6,636,466 1,664,688 25.1% AIRPORT OPERATIONS 1,708,810 572,064 33.5% 2,081,500 512,699 24.6% GOLF COURSE 250,600 93,210 37.2% 220,900 63,888 28.9%
WATER OPERATING 13,645,000 3,932,714 28.8% 13,246,005 4,417,465 33.3% RISK MANAGEMENT 9,159,250 2,239,861 24.5% 7,533,016 1,892,364 25.1% EQUIPMENT MAINTENANCE 4,739,200 1,282,093 27.1% 3,854,200 1,089,472 28.3% LANDSCAPE MAINTENANCE DISTRICT 177,000 - - 132,682 - -
WATER REPLACEMENT 4,012,000 411,503 10.3% 4,540,000 213,831 4.7% SOLID WASTE RESERVE 961,168 258,169 26.9% 953,070 224,366 23.5% SEWER REVOLVING 433,000 184,777 42.7% 447,898 90,741 20.3% TRANSPORTATION DEVELOPMENT 210,000 59,284 28.2% 295,000 34,454 11.7% PARK DEVELOPMENT 50,100 12,986 25.9% 1,805,100 16,851 0.9% TREATMENT PLANT RESERVE 1,010,870 217,634 21.5% 992,240 170,382 17.2% STORM DRAIN DEVELOPMENT 230,000 99,480 43.3% 320,000 38,092 11.9% BUILDING CONSTRUCTION 2,000 1,175 58.8% 1,000 411 41.1%

TOTALS $ 111,948,077 $ 16,440,245 14.7% $ 118,099,642 $ 15,190,711 12.9% $-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Quarters Ended September 30, 2023 and September 30, 2022 23-24 22-23
INTERNAL SERVICE 17%
SPECIAL REVENUE 13%
ENTERPRISE 40%
IMPROVEMENT 5%
GENERAL 25%
City of Porterville
Revenue by Fund Type
Quarters Ended September 30, 2023
2023-2024 2023-2024 2022-2023 2022-2023
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 4,972,164 $ 1,126,062 22.6% $ 4,457,666 $ 1,169,614 26.2% MEASURE I SALES TAX 8,353,246 1,480,563 17.7% 5,881,050 1,310,268 22.3% AMERICAN RESCUE PLAN ACT 996,454 122,004 12.2% 2,866,987 336,762 11.7% ZALUD ESTATE 39,480 8,705 22.0% 31,855 7,551 23.7%
COMMUNITY DEVELOPMENT BLOCK GRANT 451,464 49,813 11.0% 190,459 33,138 17.4% SPECIAL SAFETY GRANTS 947,933 216,123 22.8% 793,549 139,308 17.6% SEWER OPERATING 6,299,829 1,387,191 22.0% 6,820,260 1,383,775 20.3% REFUSE REMOVAL 7,427,270 1,675,350 22.6% 6,999,034 1,466,203 20.9% AIRPORT 1,604,969 466,253 29.1% 1,767,875 382,304 21.6% GOLF COURSE 562,003 137,289 24.4% 500,496 135,974 27.2% WATER OPERATING 10,784,741 2,272,771 21.1% 9,454,882 2,406,894 25.5% RISK MANAGEMENT 9,665,230 4,503,034 46.6% 9,340,626 3,455,360 37.0% EQUIPMENT MAINTENANCE 4,751,272 959,681 20.2% 3,802,800 949,428 25.0% LANDSCAPE MAINTENANCE DISTRICT 239,870 41,095 17.1% 222,738 35,731 16.0% TOTALS $ 57,095,925 $ 14,445,934 25.3% $ 53,130,277 $ 13,212,310 24.9%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2023 AND SEPTEMBER 30, 2022
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Quarters Ended September 30, 2023 and September 30, 2022 23-24 22-23
INTERNAL SERVICE 25%
SPECIAL REVENUE 7%
ENTERPRISE 28%
GENERAL 40%
City of Porterville
Expenditures by Fund Type
Quarter Ended September 30, 2023
FY 2023-24 FY 2022-23

REVENUES
Sales Tax - Measure H $ 483,792 490,924
Interest 23,495 7,838
Police Services 656 104
Contributions - 2,400
TOTAL REVENUES 507,943 501,266

EXPENDITURES
Police Department 440,520 477,759
Fire Department 498,923 542,380
Public Safety Station 58,995 47,901
Library & Literacy 127,624 101,574
TOTAL EXPENDITURES 1,126,062 1,169,614

CAPITAL PROJECTS
Animal Shelter - 4,633
TOTAL CAPITAL PROJECTS - 4,633
REVENUE OVER/(UNDER) EXPENDITURES $ (618,119) $ (672,981)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Quarters Ended September 30, 2023 and September 30, 2022 FY 2023-24 FY 2022-23

REVENUES
Sales Tax - Measure I $ 967,140 $ 942,107
Interest 119,159 35,252
Police Services 46 206
TOTAL REVENUES 1,086,345 977,565

EXPENDITURES
Police Department 935,554 866,183
Fire Department 539,292 435,725
Streets Program 5,716 7,938
Litter Abatement Program - 422
TOTAL EXPENDITURES 1,480,562 1,310,268

CAPITAL PROJECTS
AC Pavement Repair/Overlay 175,772 22,852
Fire Dept Classroom/Training - 8,070
Fire Dept Training Grounds Dev 118 -
Fire Station Remodel/Additions 96,250 52,500
Grand Ave Connection between 4th and Henrahan - 7,155
Medians Restoration Project - 447
Montgomery Ave Reconstruction - Jaye to H - 425
Morton Ave Reconstruction 23,462 -
Pavement Management Program - 1,368
PD Evidence Storage Facilities - 27,053
Villa St Reconstruction - Olive to Henderson 3,920 -
TOTAL CAPITAL PROJECTS 299,522 119,870
REVENUE OVER/(UNDER) EXPENDITURES $ (693,739) $ (452,573)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Quarters Ended September 30, 2023 and September 30, 2022 9/30/2023 9/30/2022

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 905 $ (8,705) $ (7,800) $ (6,486) $
Sewer Operating 1,792,554 $ (1,387,191) $ 405,363 $ 436,536 $ Solid Waste 1,705,566 $ (1,675,350) $ 30,216 $ 198,485 $ Airport 572,064 $ (466,253) $ 105,811 $ 130,395 $
Golf 93,210 $ (137,288) $ (44,078) $ (72,087) $
Water Operating 3,932,714 $ (2,272,771) $ 1,659,943 $ 2,010,571 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Quarters Ended September 30, 2023 and September 30, 2022 Item No.

17. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of September 30, 2023, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc. and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

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

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

ATTACHMENTS: 1. Investment Portfolio Summary - September 30, 2023 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF SEPTEMBER 30, 2023

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 9,031,641 $ 9,031,641 3.590% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,388,986 7,128,964 2.010% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,921,586 9,921,586 2.930% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 15,059,554 15,059,554 5.477% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,540 3130ASJT7 FEDERAL HOME LOAN BANKS 1,000,000 994,570 3.230% 6/29/2022 12/29/2023 90 3130AUGP3 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 996,460 5.250% 1/26/2023 7/26/2024 300 3134GXF74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 984,340 3.625% 7/26/2022 7/26/2024 300 3134GXP81 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 984,350 3.820% 8/30/2022 8/28/2024 333 3134GXX66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 991,580 4.250% 9/23/2022 9/23/2024 359 3130ATFL6 FEDERAL HOME LOAN BANKS 1,000,000 989,810 4.600% 9/30/2022 9/30/2024 366 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 946,680 1.550% 2/25/2022 2/25/2025 514 3134GYL42 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 994,090 5.550% 3/1/2023 2/28/2025 517 3130AWNR7 FEDERAL HOME LOAN BANKS 1,000,000 994,130 5.550% 7/28/2023 4/25/2025 573 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 963,810 3.030% 4/29/2022 4/28/2025 576 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 968,600 3.150% 5/23/2022 5/23/2025 601 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 968,160 3.400% 5/27/2022 5/23/2025 601 3130AWDL1 FEDERAL HOME LONA BANKS 1,000,000 993,890 5.600% 6/13/2023 6/13/2025 622 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 974,910 4.000% 8/1/2022 8/1/2025 671 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 979,420 4.000% 8/25/2022 8/25/2025 695 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 974,410 4.000% 8/30/2022 8/28/2025 698 3130AX5F1 FEDERAL HOME LOAN BANKS 1,000,000 999,390 5.750% 9/26/2023 9/26/2025 727 3130ATFG35 FEDERAL HOME LOAN BANKS 1,000,000 986,850 5.000% 10/17/2022 10/17/2025 748 3133ENR77 FEDERAL FARM CREDIT BANKS 1,000,000 983,810 4.920% 10/12/2022 1/12/2026 835 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 921,150 1.250% 1/26/2022 1/26/2026 849 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,794,440 0.580% 3/18/2021 2/11/2026 865 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 880,327 1.000% 3/23/2021 3/23/2026 905 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 903,860 1.050% 3/25/2021 3/25/2026 907 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 910,020 0.750% 3/30/2021 3/30/2026 912 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 899,850 1.000% 4/29/2021 4/29/2026 942 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 955,040 3.500% 6/28/2022 6/26/2026 1,000 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 955,490 3.200% 6/29/2022 6/29/2026 1,003 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 889,910 1.000% 8/26/2021 8/26/2026 1,061 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,777,720 1.040% 9/21/2021 9/21/2026 1,087 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 889,910 1.100% 9/28/2021 9/28/2026 1,094 3133ENN89 FEDERAL FARM CREDIT BANKS 1,000,000 979,700 4.870% 11/8/2022 9/28/2026 1,094 3133ENN89 FEDERAL FARM CREDIT BANKS 1,000,000 979,940 4.870% 9/28/2022 9/28/2026 1,094 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 890,520 1.125% 9/29/2021 9/29/2026 1,095 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 889,750 1.100% 9/30/2021 9/30/2026 1,096 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 891,670 1.250% 10/26/2021 10/26/2026 1,122 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 891,500 1.250% 10/28/2021 10/28/2026 1,124 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 899,230 0.850% 11/2/2021 10/28/2026 1,124 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 888,940 1.250% 11/24/2021 11/24/2026 1,151 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 890,370 1.300% 11/24/2021 11/24/2026 1,151 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,344,825 1.600% 12/30/2021 12/30/2026 1,187 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,787,240 1.500% 12/30/2021 12/30/2026 1,187 3134GYD74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 981,970 5.000% 1/26/2023 1/26/2027 1,214 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,800,400 1.860% 2/8/2022 2/8/2027 1,227 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 903,220 2.000% 2/25/2022 2/25/2027 1,244 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,817,820 2.250% 3/30/2022 3/30/2027 1,277 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 939,440 3.375% 5/17/2022 5/17/2027 1,325 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 948,780 3.750% 5/19/2022 5/19/2027 1,327 3133EN3Y4 FEDERAL FARM CREDIT BANKS 1,000,000 982,690 5.330% 12/14/2022 6/14/2027 1,353 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 936,520 3.250% 6/28/2022 6/28/2027 1,367 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 954,430 4.000% 6/29/2022 6/29/2027 1,368 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 961,320 4.300% 7/28/2022 7/28/2027 1,397 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 958,660 4.230% 9/8/2022 9/8/2027 1,439 3134GX3K8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 980,170 5.250% 10/20/2022 10/20/2027 1,481 3134GY5W8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 990,670 5.250% 12/16/2022 12/16/2027 1,538 3130AV6T4 FEDERAL HOME LOAN BANKS 1,000,000 987,450 5.750% 3/27/2023 3/27/2028 1,640 3134GYUG5 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 988,220 6.000% 7/6/2023 7/6/2028 1,741 3130AWTM2 FEDERAL HOME LOAN BANKS 1,000,000 986,350 5.900% 8/9/2023 8/9/2028 1,775

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
06747PML0 BARCLAYS BANK 1,000,000 994,140 3.000% 3/17/2020 10/17/2023 17 48133DN55 JP MORGAN CHASE FINL CO 2,000,000 1,960,700 4.050% 7/29/2022 7/29/2024 303 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 938,880 2.500% 4/28/2020 4/10/2025 558 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 973,140 3.950% 9/8/2022 6/30/2025 639 17298CK64 CITIGROUP INC 1,000,000 906,050 1.000% 8/28/2020 8/28/2025 698 06748XQR5 BARCLAYS BANK 1,000,000 953,781 4.500% 9/12/2022 3/12/2026 894 89114TK84 TORONTO DOMINION BANK 2,000,000 1,757,886 1.050% 6/16/2021 3/16/2026 898 06368EWM0 BANK OF MONTREAL 2,000,000 1,766,618 1.220% 3/17/2021 3/17/2026 899 06048WV56 BANK OF AMERICA 1,000,000 944,530 4.000% 5/5/2022 5/5/2026 948 17290A3E8 CITIGROUP INC 1,000,000 880,620 1.250% 7/1/2021 7/1/2026 1,005 90279GH44 UBS 1,000,000 972,930 5.650% 7/31/2023 7/31/2026 1,035 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 867,670 1.400% 9/30/2021 9/30/2026 1,096 06048WZ29 BANK OF AMERICA CORP 1,000,000 991,570 6.000% 10/20/2022 10/20/2027 1,481 78014RKF6 ROYAL BANK OF CANADA 1,000,000 967,561 5.450% 1/18/2023 1/18/2028 1,571 61766YMT5 MORGAN STANLEY FIN 1,000,000 953,830 5.150% 1/20/2023 1/20/2028 1,573 92891CBK7 CERTIFICATE OF DEPOSIT 249,000 248,763 3.350% 10/16/2018 10/16/2023 16 474067AQ8 CERTIFICATE OF DEPOSIT 249,000 248,711 3.350% 10/19/2018 10/19/2023 19 59452WAE8 CERTIFICATE OF DEPOSIT 249,000 248,465 3.450% 11/9/2018 11/9/2023 40 61760ASL4 CERTIFICATE OF DEPOSIT 245,000 244,287 3.550% 11/26/2018 11/24/2023 55 635573AL2 CERTIFICATE OF DEPOSIT 245,000 243,831 3.400% 12/26/2018 12/21/2023 82 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 244,421 1.850% 3/26/2020 3/26/2024 178 14042RSH5 CERTIFICATE OF DEPOSIT 245,000 240,850 3.300% 6/29/2022 7/1/2024 275 15118RRHS CERTIFICATE OF DEPOSIT 249,000 240,502 1.850% 8/30/2019 8/30/2024 335 938828BM1 CERTIFICATE OF DEPOSIT 249,000 240,835 2.000% 8/30/2019 8/30/2024 335 98970LC43 CERTIFICATE OF DEPOSIT 243,000 242,298 5.400% 3/31/2023 9/27/2024 363 23204HLJ5 CERTIFICATE OF DEPOSIT 250,000 246,913 4.500% 10/26/2022 10/28/2024 394 12547cak4 CERTIFICATE OF DEPOSIT 250,000 246,467 4.600% 2/24/2023 2/24/2025 513 654062LB2 CERTIFICATE OF DEPOSIT 250,000 244,483 4.100% 9/28/2022 3/28/2025 545 02589AC34 CERTIFICATE OF DEPOSIT 250,000 238,887 2.550% 4/17/2022 4/7/2025 555 02589AC34 CERTIFICATE OF DEPOSIT 250,000 238,973 3.050% 7/25/2022 7/25/2025 664 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 240,080 3.300% 7/27/2022 7/28/2025 667 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 239,282 3.400% 8/15/2022 8/15/2025 685 795451CD3 CERTIFICATE OF DEPOSIT 240,000 230,352 3.350% 8/24/2022 8/25/2025 695 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 237,385 4.150% 10/12/2022 10/14/2025 745 693963AB6 CERTIFICATE OF DEPOSIT 249,000 242,419 4.200% 10/14/2022 10/14/2025 745 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 240,579 4.850% 11/9/2022 11/10/2025 772 05580AM92 CERTIFICATE OF DEPOSIT 248,000 232,039 2.750% 4/22/2022 4/22/2026 935 60425SKA6 CERTIFICATE OF DEPOSIT 249,000 242,611 4.400% 4/24/2023 4/24/2026 937 86158BA6 CERTIFICATE OF DEPOSIT 249,000 244,311 4.700% 6/30/2023 6/30/2026 1,004 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 231,535 3.150% 7/21/2022 7/21/2026 1,025 682325DH5 CERTIFICATE OF DEPOSIT 250,000 245,910 4.800% 4/6/2023 10/6/2026 1,102 87165FE42 CERTIFICATE OF DEPOSIT 249,000 218,779 1.100% 11/12/2021 11/12/2026 1,139 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 246,338 5.000% 11/22/2022 11/23/2026 1,150 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 219,284 1.250% 12/8/2021 12/8/2026 1,165 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 219,264 1.250% 12/9/2021 12/9/2026 1,166 052392CH8 CERTIFICATE OF DEPOSIT 248,000 244,999 4.950% 12/16/2022 12/16/2026 1,173 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 239,953 4.400% 1/18/2023 1/19/2027 1,207 856285F63 CERTIFICATE OF DEPOSIT 246,000 219,602 1.800% 1/31/2022 2/1/2027 1,220 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 221,010 1.700% 2/18/2022 2/18/2027 1,237 011852AD2 CERTIFICATE OF DEPOSIT 248,000 243,102 4.700% 3/8/2027 3/8/2027 1,255 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 219,601 2.000% 3/9/2022 3/9/2027 1,256 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 220,064 2.100% 3/15/2022 3/15/2027 1,262 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 227,736 2.800% 4/29/2022 4/29/2027 1,307 254673D94 CERTIFICATE OF DEPOSIT 246,000 229,073 3.200% 5/18/2022 5/19/2027 1,327 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 227,242 3.000% 6/15/2022 6/9/2027 1,348 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 227,208 3.000% 6/15/2022 6/15/2027 1,354 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 231,911 3.250% 6/15/2022 6/15/2027 1,354 472312AA5 CERTIFICATE OF DEPOSIT 249,000 244,050 4.700% 6/29/2023 6/29/2027 1,368 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 228,217 3.300% 8/19/2022 8/19/2027 1,419 89789AAG2 CERTIFICATE OF DEPOSIT 248,000 243,082 4.700% 3/10/2023 9/10/2027 1,441 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 232,519 3.400% 9/14/2022 9/14/2027 1,445 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 233,348 3.500% 9/23/2022 9/23/2027 1,454 530520AB1 CERTIFICATE OF DEPOSIT 249,000 240,728 4.400% 1/17/2023 1/17/2028 1,570 61690U4M9 CERTIFICATE OF DEPOSIT 250,000 241,203 4.400% 4/20/2023 4/20/2028 1,664 00224TAP1 CERTIFICATE OF DEPOSIT 249,000 241,630 4.550% 4/28/2023 4/28/2028 1,672 67054NBJ1 CERTIFICATE OF DEPOSIT 249,000 246,067 4.700% 5/30/2023 5/30/2028 1,704

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
29669XAT5 CERTIFICATE OF DEPOSIT 248,000 244,766 5.000% 9/20/2023 9/20/2028 1,817 00782JAC6 CERTIFICATE OF DEPOSIT 248,000 244,744 5.000% 9/27/2023 9/27/2028 1,824 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 4/24/2023 4/24/2025 572 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 4.760% 6/21/2023 6/21/2025 630 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 4.690% 5/12/2023 6/12/2024 256 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 3.900% 4/29/2023 4/29/2028 1,673 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 4.950% 6/25/2023 6/25/2025 634 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 199 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 1,233 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 1,362 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.000% 7/21/2022 7/20/2024 294 1316 CERTIFICATE OF DEPOSIT 263,679 263,679 2.750% 10/6/2022 4/6/2024 189 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 1,535 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 103 1326 CERTIFICATE OF DEPOSIT 286,416 286,416 3.500% 1/29/2019 1/29/2024 121 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 151 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 174 1329 CERTIFICATE OF DEPOSIT 249,000 249,000 3.210% 4/9/2019 10/9/2023 9 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 237 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 220 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 248 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 305 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 347 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 353 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 398 1338 CERTIFICATE OF DEPOSIT 273,792 273,792 2.720% 10/15/2019 10/15/2024 381 1339 CERTIFICATE OF DEPOSIT 269,459 269,459 2.250% 12/26/2019 12/26/2024 453 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 432 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 466 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 475 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 482 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2020 11/18/2023 49 1345 CERTIFICATE OF DEPOSIT 256,871 256,871 3.150% 6/9/2022 6/9/2027 1,348 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 1,360 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 1,390 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 1,389 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 883 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 759 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 11/28/2022 11/28/2024 425 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.650% 11/28/2022 11/28/2023 59 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 1,534 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 814 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 2/2/2023 2/2/2024 125 1356 CERTIFICATE OF DEPOSIT 249,000 249,000 4.700% 4/3/2023 4/3/2026 916 1357 CERTIFICATE OF DEPOSIT 249,000 249,000 4.200% 4/12/2023 4/12/2028 1,656 1358 CERTIFICATE OF DEPOSIT 249,000 249,000 4.140% 4/25/2023 4/25/2027 1,303 1359 CERTIFICATE OF DEPOSIT 249,000 249,000 5.000% 6/16/2023 6/16/2025 625 1360 CERTIFICATE OF DEPOSIT 249,000 249,000 4.400% 6/2/2023 6/1/2028 1,706 1361 CERTIFICATE OF DEPOSIT 249,000 249,000 4.950% 9/13/2023 4/13/2025 561 TOTALS $ 149,598,455 $ 144,040,821

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

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

2.095% 2.622% 2.988% 3.187% 3.347% 27.675% 763
Comments:

Portfolio holdings as of September 30, 2023, are in compliance with the current Investment Policy. With 27.675% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the fourth calendar quarter ending December 31, 2023, and will be presented during the February 6, 2024 Council meeting.

Item No.

18. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Approval of Community Civic Event - Tule River Tribe - Tule River Veterans Powwow Overnight Camping - November 10 - 12, 2023
SOURCE: Finance
COMMENT: The Tule River Tribe is holding its annual Tule River Veterans Powwow at the Eagle Mountain Casino Event Center and is requesting approval to allow overnight camping for participants from Friday, November 10th to Sunday, November 12th, 2023 at the Porterville Sports Complex. Camping is proposed to begin on Friday at 5:00 P.M. and conclude on Sunday at 5:00 P.M., and would not interfere with scheduled City sports activities. At its meeting on July 18, 2023, the City Council acted to serve as a Platinum Sponsor ($5,000) for this year's event.

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

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Tule River Tribe to use the Porterville Sports Complex for overnight camping during the Tule River Veterans Powwow on November 10th through
November 12th, 2023, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE - Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Item No.

18. Item No.

19. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Approval of Community Civic Event - Sunnyside School - Run 4 A Reason - November 18, 2023
SOURCE: Finance
COMMENT: Sunnyside School is requesting approval of their "Run 4 A Reason" event on Saturday, November 18, 2023, from 8:00 AM to 12:00 PM at the Porterville Sports Complex. This fun run is a community fund-raising event to benefit a child who attends Sunnyside school in her fight against cancer. The sponsor is requesting the use of the Porterville Sports Complex from 8:00 AM to 12:00 PM. The attached map indicates the route the run will take around the Sports Complex. An outside amplifier permit has been approved from 8:00 AM to 11:00 AM.

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

RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by Sunnyside School to hold a "Run 4 A Reason" event on November 18, 2023 subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

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

Item No.

20. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Approval of Community Civic Event - Rotary Club of Porterville and Porterville Chamber of Commerce - Children's Christmas Parade - November 30, 2023 (Alternatively on December 7, 2023, in the Event of Rain) SOURCE: Finance
COMMENT: The Rotary Club of Porterville and the Porterville Chamber of Commerce are requesting approval to hold the annual Children's Christmas Parade along Main Street on Thursday, November 30, 2023, or alternatively on December 7, 2023, in the event of rain on November 30, from 7:00 PM to 9:00 PM.

The event organizers are requesting the following streets and sidewalks be closed from 5:00 PM to 9:00 PM (as indicated on the map):

Main Street - from Danner Avenue to Olive Avenue
Morton Avenue, Harrison Avenue, Thurman Avenue, Putnam Avenue, Mill Avenue, and Oak Avenue - from Hockett Street to Second Street Cleveland Avenue - from Division Street to Second Street Garden Avenue - from Main Street to Second Street
Second Street - from Olive Avenue to Oak Avenue
School Avenue, Belleview Avenue, North Avenue and Doris Avenue - from Sunnyside Street to Second Street
The request also includes the closure of the parking spaces on Main Street in front of the Chamber of Commerce from 6:00 AM to 9:00 PM, and in front of City Hall from 3:00 PM to 9:00 PM.

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

RECOMMENDATION: That the City Council approve the attached Community Civic Event Application and Agreement submitted by the Rotary Club of Porterville and the Porterville Chamber of Commerce to hold the Children's Christmas Parade on November 30, 2023, or alternatively on December 7, 2023, in the event of rain, subject to the requirements and restrictions that are listed on the attached Item No.

20. copy of the Application and Agreement, Exhibit A, and Exhibit B.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

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

Item No.

21. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Request for Street Closure: 29th Annual Myers Christmas Memorial Tree Lighting - December 12, 2023
SOURCE: Administrative Services
COMMENT:

Myers Funeral Service and Crematory conducts an annual Christmas Memorial Tree Lighting ceremony at its location at 248 North "E" Street, with this year's 29ty annual ceremony scheduled to take place on Tuesday, December 12, 2023.

In conjunction with this event, and for the safety of those in attendance, Ernesto Alonzo, Funeral Director of Myers Funeral Service and Crematory, has requested the closure of "E" Street between Putnam and Cleveland Avenues, from 5:00 p.m. to 9:00 p.m. The ceremony is scheduled to be held in front of Myers Chapel on "E" Street at 7:00 p.m.

In addition to the street closure, Alonzo submitted an Assembly Permit for the estimated 400 people that is expected to attend this annual event. The Police Department has approved the Assembly Permit, which is attached for the City Council's reference, along with a copy of the required Certificate of Liability Insurance.

RECOMMENDATION: That the City Council approve the closure of "E" Street, between Putnam and Cleveland Avenues, on December 12, 2023, from 5:00 p.m. to 9:00 p.m., subject to the specified conditions.

ATTACHMENTS: 1. Letter of Request dated October 27, 2023

2. Assembly Permit

3. Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

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

Item No.

22. CITY COUNCIL AGENDA – NOVEMBER 7, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of October 17, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

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

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

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

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Item No.

22. Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

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

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

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

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

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc.

Item No.

22. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

On August 2, 2023, Council Member Meister was made aware of the lack of drinking water and apparent lack of occasional water availability in the Del Oro Water Company system in the Springville area. During the March 2023 floods, six of the twelve water systems wells were damaged, several of which were damaged beyond repair. City staff was contacted by the Office of State Senator Shannon Grove in regard to the City-County Well Agreement, which dictates that at the request of the State and County, the City shall provide 3,000,000 gallons of water per month for the purpose of meeting emergency water needs in County jurisdiction and shall not charge the State or County for the water.

Senator's Grove's Office has been coordinating with the State and Self-Help Enterprises in the potential placement of temporary tanks until Del Oro has completed its repair projects to sufficiently meet its customer demands.

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

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the Item No.

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

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

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

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

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

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well Item No.

22. was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

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

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

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

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

Item No.

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

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed. At its meeting on August 2, 2022, the Council authorized $1,074,948 for the drilling phase of Well 34 (Akin). At its meeting on October 3, 2023, the Council accepted the drilling phase as complete, with the final construction cost of $865,402. The equipping phase is the next step in having this well online by the 2024 calendar year.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation Item No.

22. with the City's water system as well.

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

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

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

2. City-County Well Agreement - May 10, 2016

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

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

5. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

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

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

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

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

10. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Item No.

22. Final Approver: John Lollis, City Manager

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

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

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

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

Repeal sections:

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

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

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

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

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

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

EXECUTIVE DEPARTMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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