Porterville City Council
September 3, 2024

City Council Agenda September 3, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
SEPTEMBER 3, 2024, 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/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of September 3, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/86807564694?pwd=cJd7RRBhTY3SJA1aa8VJVCFvWJ9wt5.1 Or via Telephone: 1-669-900-6833 Webinar ID: 868 0756 4694 Passcode: 337094 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Eva Lizeth Torres Jimenez. Agency claimed against: City of Porterville. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Melanie Rodriguez. Agency claimed against: City of Porterville.

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

TAKEN IN CLOSED SESSION
City Council Agenda September 3, 2024

Pledge of Allegiance Led by Council Member Beltran
Invocation

PRESENTATIONS
Employee of the Month - Tori Berry
Outstanding Business Honoree

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time.

Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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

I. Staff Informational Reports

1. Porterville Rescue Mission Update

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion.

There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Approval of Draft Minutes of August 20, 2024
Re: Considering approval of the City Council draft Minutes of August 20, 2024.

2. Authorization to Repair/Upgrade Traffic Signal at Olive Avenue & E Street Re: Considering authorization to purchase components from Econolite at a cost not to exceed $25,196 for the repair and upgrade of the traffic signal at Olive Avenue and E Street.

3. Authorization to Enter Into Agreement for the Lease and Maintenance of Printer/Copy Machines
Re: Council to authorize the Finance Department to execute an agreement with California Business Machines for the lease and maintenance of 19 Kyocera copiers for a 60-month term.

4. Authorization to Purchase Specialized Equipment - Headworks Grinders Re: Consideration to approve the purchase of two headwords grinders from Duperon for an amount not to exceed $240,350.

5. Authorization to Purchase HVAC for Porterville Navigation Center City Council Agenda September 3, 2024

Re: Considering authorization of the purchase of a HVAC unit from 559 Heating & Cooling for $12,600.

6. Authorization to Distribute a Request for Qualifications for a Permitting Software System
Re: Council to authorize staff to distribute a Request for Qualifications for a Permitting Software System and negotiate a fee with the highest ranking firm.

7. Authorization to Execute an Agreement for Golf Course Management Services Re: Authorizing staff to execute a golf course management services agreement with Mr. Casey Butler subject to the City Attorney's approval.

8. Authorization to Execute a Consultant Agreement with GHD, Inc – Active Transportation (AT) Plan
Re: Consideration of authorizing the execution of a Consultant Service Agreement with GHD, Inc. for the development of the City’s Active Transportation Plan at a total cost inclusive of contingency of $223,449 to be reimbursed by TCAG.

9. Authorization Request for the Preparation of the FY 2023-2024 Annual Comprehensive Financial Report
Re: Consideration to utilize CliftonLarsonAllen LLP to prepare the City's FY 2023- 2024 Annual Comprehensive Financial Report at a cost of $9,140.00.

10. Irrevocable Offer of Dedication From Burton School District, a California Public School District
Re: Consideration to approve the draft resolution accepting the Irrevocable Offer of Dedication from Burton School District, a California Public School District.

11. Acceptance of Final Subdivision Map - Brookside, Phase 1 (Presidio JJR Brookside 110 LLC and Presidio JJR Laurelwood 110 LLC)
Re: Consideration to approve the final subdivision map of Brookside, Phase 1, for the San Joaquin Valley Homes subdivision generally located north of Westfield Avenue, west of Lombardi Street.

12. Request for Will Serve Letter - 831 E. Date Ave.

Re: Considering approval and issuance of a Will Serve Letter to authorize a second water service connection at the property.

13. Authorization for Street Closure - Pioneer Days & Rib Cook-Off Re: Council to authorize the temporary closure of Main Street from Morton Avenue to Putnam Avenue, and on Harrison Avenue, Thurman Avenue and Cleveland Avenue from Division Street to the alley just east of Main Street, on October 5, 2024, from 6:00 AM to 4:00 PM, during Pioneer Days.

14. Approval of Community Civic Event - Central California Family Crisis Center - 24th Annual Domestic Violence Candlelight Vigil - October 24, 2024 Re: Consideration to approve the Community Civic Event application from Central California Family Crisis Center to hold the 24th Annual Domestic Violence Candlelight Vigil on Thursday, October 24, 2024, from 5:30 PM to 8:30 PM, at Centennial Park.

15. City of Porterville Conflict of Interest Code - 2024 Biennial Report and Proposed Amendment
City Council Agenda September 3, 2024

Re: Accepting the Conflicts and Disclosure Monitor Agency 2024 Biennial Report.

16. Request for Proclamation - Constitution Week - September 17 - 23, 2024 Re: Considering approval of a request to proclaim September 17th - 23rd, 2024, as "Constitution Week" in the City of Porterville.

17. 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.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

18. Consideration of Vesting Tentative Subdivision Map for Westfield Residential Development
Re: Consideration to adopt the draft resolution approving the vesting Tentative Subdivision Map for the future residential development of APN 246-070-095 on an approximately 2.86-acre parcel on the north side of Jubilee Lane, North of Westfield Avenue.

19. 2023-2024 Consolidated Annual Performance Evaluation Report (CAPER) Re: Consideration of the Draft 2023-2024 Consolidated Annual Performance Evaluation Report for submission to the Department of Housing and Urban Development by the required deadline of September 30, 2024.

SCHEDULED MATTERS

20. Vacation of a Portion of College Avenue
Re: Consideration of Resolution of Vacation of a portion of College Avenue at Main Street; and authorization to record said resolution.

21. Consideration the Library Facility Planning Committee's Design Recommendations for the Porterville Public Library Project Re: Consideration of the Library Facility Planning Committee's design recommendations for the new library facility.

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

1. Tulare County Task Force on Homelessness - August 21, 2024

2. Tulare County Economic Development Corp. (TCEDC) - August 28, 2024

3. Eastern Tule Groundwater Sustainability Agency - August 29, 2024

ORAL COMMUNICATIONS
City Council Agenda September 3, 2024

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 September 17, 2024, 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 – SEPTEMBER 3, 2024
SUBJECT: 1. Porterville Rescue Mission Update
SOURCE: Community Development
COMMENT: At its meeting on June 18, 2019, the City Council adopted Resolution 43-2019, approving Conditional Use Permit (CUP) 2018-041-C for the New Porterville Rescue Mission (NPRM) to allow for a Social Services Facility located at 30 S.

A Street. As outlined in Resolution 43-2019, Condition #1, and in compliance with Porterville Municipal Code Chapter 21, Section 301.09, “Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers; sufficient patron seating facilities for dining; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas.” To meet these requirements, NPRM was to continue to work on site improvements and stay in communication with staff until all items had been completed. CUP 2018-041-C includes a requirement that staff provide a bi-annual update to the Council on the status of the project, which is the purpose of this report.

At its meeting on February 4, 2020, staff presented to the Council the bi-annual update as required in the CUP to update the status of improvements. The item was continued as additional information was needed to be provided by NPRM in writing. At its meeting on March 3, 2020, staff provided the Council with the proposed Plan of Action that staff considered quite aggressive and reported that a realistic timeline would be three to six months before there would be an issuance of a building permit. At its meeting on July 21, 2020, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. NPRM was issued a building permit on July 7, 2020. The scope of the permit includes removing existing staff bedroom walls to open up to existing open area to accommodate fourteen (14) beds total on the west end of the building, remodel of two restrooms to meet accessibility standards, the installation of two new concrete door landings, one new door landing with stairs and handrails, as well as reversing the swing of an existing door. NPRM had anticipated that this phase of construction would take approximately three to four months to complete.

At its meeting on November 17, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM’s project had experienced delays due to the pandemic as well as encountering structural issues during the demolition process.

At its meeting on January 19, 2021, Council was provided an update on the status of the NPRM project. The update included that the NPRM had been issued a permit for the structural revision to correct the issues encountered during the demolition process on November 25, 2020. Staff met with the NPRM on January 4, 2021, to discuss the progress of the project. The NPRM informed staff that the project timeline has been impacted by the ongoing COVID-19 pandemic, noting that they received a letter from one of their suppliers informing them that the delivery of their order had been delayed due to the pandemic. A framing inspection was provided by the City's Engineering Department-Building Division on January 5, 2021, and a second framing inspection on January 8, 2021, which NPRM passed.

At its meeting on August 17, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project as well as information in regard to violations of the conditions outlined in Conditional Use Permit 2018- 041-C and Porterville Development Ordinance, which were observed on August 10, 2021. The violations included a recreational vehicle observed onsite that was being occupied as a residence with an electrical extension cord connected to the recreational vehicle. Chapter 304.11 of the Development Ordinance states that “Parking and storing of recreational vehicles, boats, campers, trailers and similar vehicles are prohibited from being stored for a period longer than seventy-two hours (72) hours in the front yard setback. They may be stored in the side or rear yard behind a minimum six-foot high, solid fence. At no time are recreational vehicles allowed to be occupied as residences. Connection to any combination of electrical, water, cable, or sewer facilities is considered prima facie evidence of occupation as a residence. At no time shall commercial vehicles greater than a one-ton rating be parked or stored on residential zoned properties. Storage on the street is limited pursuant to Sections 17-10.4, 17- 11.7, 17-11.8, and 17-11.9 of the Porterville Municipal Code.” Tents were also observed to be erected on site outside the approved season and timeframe outlined in Condition 10 of the CUP.

Condition 10 states, “The temporary use of tents for overflow of patrons may be permitted during the winter months, provided that the usage and assembling of the tents be opposite of office hours, erecting tents after 7p.m. and removing them before 7 a.m." NPRM remedied the violations was within seventy-two (72) hours.

At its meeting on October 19, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had one inspection since the update provided to the City Council on August 17, 2021, which occurred on September 29, 2021. The inspection was for underground plumbing for the restroom remodel, which passed. During the inspection, the NPRM disclosed that while saw cutting the existing concrete slab for the restroom remodel, a four-foot section of the exterior footing fell apart. The NPRM was requested to have the footing evaluated by an engineer to provide a design to correct the issue.

The Council was also informed that on September 24, 2021, the Porterville Police Department and Code Enforcement responded to the NPRM for the discharge of dangerous fireworks. The suspect was found to be in possession of additional fireworks and was administratively sited. While onsite Code Enforcement observed conditions of the neighboring property (14 S. A Street), which is also operated by NPRM, that were not in compliance with the 1997 Uniform Housing Code. The conditions observed included the rear yard being utilized as a living space with an outdoor shower built in close proximity to an existing electrical panel. Food and other items have also been allowed to accumulate in the yard along with multiple tarp covered areas that have been erected, creating an attractive nuisance and possible fire hazard. The property owner was notified and required to remedy the conditions by November 1, 2021.

CUP 2018-041-C does not include provisions for the property located at 14 S. A Street. Resolution 43-2019 included NPRM Site and Operations Plan as Attachment A, which outlines that 14 S. A Street provides for six long-term residential beds and two emergency shelter beds for women. City staff inspected the property located at 14 S. A Street on October 12, 2021, and found that the conditions that were out of compliance with the 1997 Uniform Housing Code had been remedied.

At its meeting on February 1, 2022, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had four successful inspections since the update provided to the City Council at its meeting on October 19, 2021, including an inspection of foundation forms to address a foundation issue in accordance with an engineer’s design on October 19, 2021, framing and wall insulation for the east restroom on January 7, 2022, sheetrock on January 18, 2022, and shower pan inspection on January 24, 2022.

At its meeting on August 16, 2022, staff provided an update to the Council that the NPRM received a final on the bathroom remodel on April 11, 2022, and that the Chief Building Inspector met with a NPRM representative to review the exterior ADA requirements to be completed with the next stage of the project.

At its meeting on February 21, 2023, staff updated the Council that the NPRM had completed the concrete landing for the two east doors, which passed inspection on January 27, 2023.

At its meeting on August 8, 2023, staff provided an update to the City Council that the NPRM met with the Chief Building Inspector to review the layout of an ADA ramp to be utilized for exiting the west side of the facility. The remaining work to be completed in accordance with the NPRM’s approved plans is the construction of stairs and handrailing at the center door and to bring the west ramp into compliance.

As reported previously, in the last update provided to the Council, the NPRM completed the construction of the ramp leading to the front door. The building division inspected and approved the ramp.

The NPRM's next component of the project is to construct a landing and a set of stairs in front of the raised door on the north side of the building. The City will contact them about their progress with that component. The Code Enforcement Division has not issued any violation notices to the NPRM since the last update was provided.

RECOMMENDATION: Informational Item
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
Item No. 1.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Approval of Draft Minutes of August 20, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of August 20, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of August 20, 2024.

ATTACHMENTS: 1. Draft Minutes of 08-20-2024
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Yuliana Andrade, Administrative Services Director

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
AUGUST 20, 2024, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
• Diane, Haven Representative (the communication provided has been moved to the second Oral Communications on the agenda.)
CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference With Real Property Negotiators/Property: Apn: 253-160-064, 253-160-065, 253-160-068, 253-160-069, 253-160-070, 261-125-018, 261-125-019, And 261-125-020. Agency Negotiator:

Patrice Hildreth And Jason Ridenour. Negotiating Parties: City Of Porterville And James Gregory Shelton. Under Negotiation: Terms And Price. 2 - Government Code Section 54956.8 – Conference With Real Property Negotiators/Property: Apn: 253-174-004. Agency Negotiator: Patrice Hildreth And Jason Ridenour. Negotiating Parties: City Of Porterville And Rhode Island Suburban Newspapers. Under Negotiation: Terms And Price. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Salvador Rosales. Agency Claimed Against: City Of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Celina Boelter. Agency Claimed Against: City Of Porterville.
5 - Government Code Section 54956.9(D)(1) – Conference With Legal Counsel -- Existing Litigation: Hill International, Inc. V. City Of Porterville, Tulare County Superior Court Case No. Pcu309701.
6 - Government Code Section 54956.9(D) (3) – Conference With Legal Counsel – Anticipated Litigation – Significant Exposure To Litigation: Four (4) Cases In Which Facts Are Not Yet Known To Potential Plaintiff.
7 - Government Code Section 54956.9(D)(4) – Conference With Legal Counsel – Anticipated Litigation – Initiation Of Litigation: Three (3) Cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION

City Attorney Lew reported action pertaining to A-3 and A-4, as follows:

A-3. On a MOTION made by Mayor Martha A. Flores, and SECONDED by Council Member Greg Meister the City Council unanimously rejected the claim filed by Salvador Rosales.

Documentation: M.O. 01-082024
Disposition: Claim rejected.

A-4. On a MOTION made by Council Member Donald Weyhrauch, and SECONDED by Vice Mayor Kellie Carrillo the City Council unanimously rejected the claim filed by Celina Boelter.

Documentation: M.O. 02-082024
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Meister.

Invocation – a moment of silence was observed.

PRESENTATIONS
Employee of the Month - Larry Segovia

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, presented information pertaining to Agenda Item No. 18 and expressed concerns about the restrictive nature of the proposed flag policy draft. • Bonnie Boyd, Porterville, formally introduced herself as the candidate to be considered for the Arts Commission.
• Diane, a Haven Representative, formally introduced herself and delivered an overview of the services and contributions that Haven store provides to the local community.
• Kristy Martin, Porterville Chamber of Commerce, spoke of upcoming events, • Giovanni Escuredo, Porterville, expressed his frustration regarding the language of the current city sign policy, citing that it hinders his ability to display signs for his business.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - (Summer Hiatus)

2. Library & Literacy Commission - (Summer Hiatus)

3. Arts Commission - July 23, 2024 – No report.

4. Animal Control Commission – No report.

5. Youth Commission - (Summer Hiatus)

6. Transactions And Use Tax Oversight Committee (TUTOC) – No report.

II. Staff Informational Reports

1. Water Conservation Phase III Status Update - July 2024

CONSENT CALENDAR
Item No. 14 was pulled for further discussion at the request for Council Member Greg Meister.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Raymond Beltran that the City Council approve Items Nos. 1-13. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF AUGUST 6, 2024, AND AUGUST 9, 2024
Recommendation: That the Council approve the draft Minutes of August 6, 2024, and August 9, 2024.

Documentation: M.O. 03-082024
Disposition: Approved.

2. REQUEST TO PURCHASE FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT.

Recommendation: That the City Council approve the purchase of six sets of turnouts from LN Curtis for $22,444.32 with an added ten percent (10%) contingency of $2,244.43, for the total purchase and not to exceed amount of $24,688.75
Documentation: M.O. 04-082024
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT -

ULTRAPURE WATER PURIFICATION SYSTEM
Recommendation: That the City Council:

1. Approve the purchase of an Ultrapure Water System from Fisher Scientific for an amount not to exceed $7,018, (which includes the Ultrapure Water System, taxes, freight, and a ten percent (10%) contingency);

2. Direct the Finance Director to initiate a Purchase Order for Fisher Scientific for an amount not to exceed $7,018,(which includes the

Ultrapure Water System, taxes, freight, and a ten percent (10%) contingency), and

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

Documentation: M.O. 05-082024
Disposition: Approved.

4. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS

FOR LOW CARBON FUEL STANDARD MANAGEMENT SERVICES
Recommendation: That the City Council:

1. Approve the draft Request for Proposals;

2. Authorize staff to advertise for proposals on the project; and

3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform the project in an acceptable manner and is most advantageous to the City.

Documentation: M.O. 06-082024
Disposition: Approved.

5. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS

FOR SOLAR MAINTENANCE SERVICES
Recommendation: That the City Council:

1. Approve the draft Request for Proposals;

2. Authorize staff to advertise for proposals on the project; and

3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform the project in an acceptable manner and is most advantageous to the City.

Documentation: M.O. 07-082024
Disposition: Approved.

6. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS

FOR TWO MINI SIDE LOADING REFUSE TRUCKS
Recommendation: That the City Council:

1. Approve the draft Request for Proposals;

2. Authorize staff to advertise for proposals on the project; and

3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform

the project in an acceptable manner and is most advantageous to the City.

Documentation: M.O. 08-082024
Disposition: Approved.

7. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS

FOR TRASH RECEPTACLES
Recommendation: That the City Council:

1. Approve the draft Request for Proposal;

2. Authorize staff to advertise for proposals on the project; and

3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform the project in an acceptable manner and is most advantageous to the City.

Documentation: M.O. 09-082024
Disposition: Approved.

8. CONSIDERATION OF ACQUISITION OF REAL PROPERTY
Recommendation: That City Council:

1. Authorize and execute the Draft Purchase Agreement with the O'Sullivan Family Revocable Trust for the acquisition of Land and Ditch Company Stock as detailed in the agreement;

2. Authorize and execute the Draft Lease Agreement for Water Rights with the O'Sullivan Family Revocable Trust for the lease of Ditch Company Stock; and

3. Approve the Purchase Agreement for the purchase of land and ditch company shares as outlined in the agreement and authorize the Mayor and City Manager to execute all necessary documents to complete the transaction.

Documentation: Resolution No. 61-2024
Disposition: Approved.

9. MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION/CITY OF

PORTERVILLE HAZARD MITIGATION PLAN ANNEX RESOLUTION
Recommendation: That the City Council approve the draft resolution adopting the City of Porterville Local Hazard Mitigation Plan Annex E.

Documentation: Resolution No. 62-2024
Disposition: Approved.

10. APPROVAL OF COMMUNITY CIVIC EVENT - CENTRAL CALIFORNIA BLOOD CENTER - CULTURE BLOOD DRIVE - SEPTEMBER 1, 2024
Recommendation: That the City Council approve the Community Civic Event application submitted by the Central California Blood Center to hold the "Culture Blood Drive" event in the Culture Cannabis Club parking lot at 230 North Main Street, on September 1, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 10-082024
Disposition: Approved.

11. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE KIWANIS - END OF SUMMER VENDOR MARKET - SEPTEMBER 15, 2024
Recommendation: That the City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Vendor Market on September 15, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 11-082024
Disposition: Approved.

12. APPROVAL OF COMMUNITY CIVIC EVENT - AMERICAN

CONSERVATORY - PARKING LOT PARTY/CORNHOLE
TOURNAMENT - SEPTEMBER 28, 2024
Recommendation: That the City Council approve the Community Civic Event application from the American Conservatory to hold the "Parking Lot Party - Cornhole Tournament" event on September 28, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 12-082024
Disposition: Approved.

13. 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.

Documentation: M.O. 13-082024
Disposition: Approved.

SCHEDULED MATTERS

15. CONSIDERATION OF APPOINTMENT TO THE PARKS & LEISURE

SERVICES COMMISSION
Recommendation: That the City Council consider the appointment of Catherine Capone to the Parks & Leisure Services Commission to serve the remainder of a four-year term to expire October 2025.

City Manager Hildreth introduced the item and Administrative Services Director Yuliana Andrade presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Donald Weyhrauch that the City Council appointed Catherine Capone to the Parks and Leisure Services Commission to serve the remainder of a four-year term to expire October 2025.

The motion carried unanimously.

Documentation: M.O. 14-082024
Disposition: Approved.

16. CONSIDERATION OF APPOINTMENT TO THE ARTS COMMISSION Recommendation: That the City Council consider the appointment of Bonnie Boyd to the Arts Commission to serve the remainder of a three-year term to expire July 2026.

City Manager Hildreth introduced the item and Administrative Services Director Yuliana Andrade presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council appoint Bonnie Boyd to the Arts Commission to serve the remainder of a three-year term to expire July 2026. The motion carried unanimously.

Documentation: M.O. 15-082024
Disposition: Approved.

17. CONSIDERATION OF MEDIA SPONSORSHIP FOR THE 2024

PORTERVILLE VETERANS HOMECOMING DAY PARADE
Recommendation: That the City Council:

1. Consider media sponsorship of the 2024 Porterville Veterans Day Parade; and

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

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

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Greg Meister that the City Council approve the sponsorship of the 2024 Porterville Veterans Day Parade; and authorize the expenditure of up to $12,000 from the Community Promotions fund.

The motion carried unanimously.

Documentation: M.O. 16-082024
Disposition: Approved.

18. CONSIDERATION OF CITY COUNCIL POLICY ON THE EXHIBITION OF FEDERAL, STATE, AND CITY FLAGS, AND BANNERS; FROM CITY
BUILDINGS AND FACILITIES – ALL OCCASIONS
Recommendation: That the City Council consider and approve the City Council Policy on the Exhibition of Federal, State, and City Flags, and Banners; from City Buildings and Facilities – All Occasions
City Manager Hildreth introduced the item and City Attorney Julia Lew presented the staff report.

During the Council's discussion, members expressed their agreement with the language of the draft policy. Subsequently, it was suggested that the policy should also allow the display of U.S. Armed Forces flags, in accordance with relevant federal laws and regulations.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council approve the draft flag policy, with the addition of flags of branches of the U.S. Military, consistent with applicable federal laws and regulations; and adopted the draft resolution. The motion carried unanimously.

Documentation: Resolution No. 63-2024
Disposition: Approved.

14. CITY COUNCIL MEMBER REQUESTED AGENDA ITEM -

CONSIDERATION OF NAMING CITY FACILITY

Recommendation: That the City Council approve Council Member Weyhrauch's request to add an item to the next regular City Council meeting's agenda to consider the naming of the City's animal shelter.

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

Council Member Weyhrauch addressed the process of naming the new animal shelter and indicated that while the city generally does not name buildings after individuals, there might be an opportunity to establish a memorial in honor of Animal Shelter Manager Augie Gonzales.

During the initial stages of planning for the Animal Shelter, it was noted by staff that the Porterville Police Department had already intended to incorporate a memorial for Augie Gonzales within the premises of the animal shelter.

The council agreed that the Porterville Police Department proceed with its intentions to include a memorial for Mr. Gonzales.

Documentation: None.

Disposition: Direction given.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - August 7, 2024 Council Member Beltran provided updates on several items such as the approval of the Minutes, the budget, a Navigation Center Update, and the LINC Services Subcommittee.

2. Library Facility Planning Committee - August 15, 2024 Vice Mayor Carrillo presented and reported on the approval of the Minutes, and an overview of the new library design options along with an update on library services.

3. Porterville Area Development Authority - August 16, 2024 - Canceled

4. Tulare County Association Of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - August 19, 2024
Mayor Flores provided a report on a Workshop, the Transportation Consent Calendar, the approval of various resolutions, and an upcoming Board Retreat.

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, stated that if the council considers using military flags, it should not forget about the merchant marines.

• Rafaela Woods, Porterville, expressed commendation to the council for their efforts in acknowledging Augie Gonzalez.

OTHER MATTERS
• Council Member Beltran expressed gratitude to the fire crews actively engaged in suppressing a nearby fire, extended appreciation to the two individuals for their participation in the commissions, extended best wishes to the new city council candidates, and encouraged them to acquaint themselves with the city. • Council Member Weyhrauch acknowledged the educators and school administrators in the city as the school year has commenced. Additionally, he emphasized the importance of road safety and encouraged all residents to exercise caution while driving.
• Council Member Meister reported his recent birthday celebration, the Supreme Court's decision regarding Title 9, expressed gratitude to Huntington Beach Mayor Gracey Van Der Mark for her work on an ordinance pertaining to AB1955, his participation in a Veterans Car Show, commendations for Larry Segovia's Employee of the Month Recognition, and his attendance at a Retirement Party for Sergeant Carl Jordan.
• Vice Mayor Carrillo expressed gratitude to the two individuals appointed to the commissions. Vice Mayor Carrillo also highlighted an upcoming council candidate forum and extended appreciation to the library committee for their dedicated efforts that have brought them to their current stage of progress. Additionally, she acknowledged her brother, Shane Santos, for his recent promotion and shared her reasoning for not pursuing reelection to the City Council. • Mayor Flores expressed her gratitude to those in attendance at the Team California consultant meeting and also highlighted her participation in the Tulare Kings Hispanic Chamber Ambassador Luncheon, the firefighter badge pinning ceremony, and the retirement celebration for Sergeant Carl Jordan. Mayor Flores also mentioned the Porterville Exchange Club Treasure Trove.

CLOSED SESSION
The Council took a five minute recess and reconvened in Closed Session at 8:00 p.m.

ADJOURNMENT –
The Council adjourned at 8:40 p.m. to the meeting of September 3, 2024, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL

Martha A. Flores, Mayor
Item No. 2.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Repair/Upgrade Traffic Signal at Olive Avenue & E Street SOURCE: Public Works
COMMENT: On August 16, 2024, a vehicle collision occurred at Olive Avenue and E Street intersection. At the time of the accident, the vehicle struck the City traffic signal cabinet, shearing it from the foundation and destroying the cabinet.

Staff is seeking authorization to repair/upgrade the traffic signals at Olive Avenue and E Street to the new City standard controller and cabinet, which will allow for future upgrades to video detection.

Econolite, the manufacturer of the traffic control systems, submitted a quote of $22,905 for the components to repair/upgrade the traffic signal. Purchasing the components directly from the manufacturer and utilizing City staff to install the cabinet and controller will result in significant cost savings for the repair and restore operation of the traffic signal. Expenditure for the project will be funded from the 2024/2025 Capital Improvement Projects Signs and Signals Budget.

Staff will seek reimbursement from the at-fault driver.

RECOMMENDATION: That the City Council:

1. Approve the purchase of a new traffic signal cabinet and controller from Econolite for an amount not to exceed $25,196, which includes the components, taxes, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Econolite for an amount not to exceed $25,196, which includes the components, taxes, and a ten percent (10%) contingency; and

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

ATTACHMENTS: 1. Cabinet and Controller Quote 8-16-24
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 2.

Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

8/16/2024
To:

Item # Part Qty Description Tariff Price per Extended
1 STCAB3889 1 332 ANOD HYBRID PORTERVILLE

NO PHASE SELECTORS, NO LS
$37.66 $14,412.75 $14,412.75
2 31095G12 12 LOAD SWITCH DUAL IND TSC
MODEL 300 OI
$0.00 $58.10 $697.20
3 COBRM21120110000 1 COBALT G-SERIES RACKMOUNT,
WITH PWR CORD, 8MB

DATAKEY, NO COMM CARD
$24.10 $5,199.20 $5,199.20
4 FSR-SVC-CAB 1 CABINET TURN-ON LABOR;
INCLUDES 4 HOURS OF FSR

SUPPORT
$0.00 $600.00 $600.00
City of Porterville
Bryan Searle
Quote Name: Cabinet and Controller Quote
Project Reference:

Econolite Reference: Q-46522-84E7
Subtotal $20,909.15
Shipping & Handling*
Taxes** $1,934.10
Tariffs** $61.76
TOTAL $22,905.01
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements.

Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.

Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Account Manager, Senior
Mobile: 714-273-4912
[email protected]
Shipping Date: To be determined at time of receipt of order Item No. 3.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Enter Into Agreement for the Lease and Maintenance of Printer/Copy Machines
SOURCE: Finance
COMMENT: The majority of the City's copiers have been in service for seven (7) to ten (10) years and due to their age as well as ever-changing technology and rising maintenance costs, servicing the current aging copiers and obtaining parts to repair them is becoming increasingly expensive and difficult, if not impossible.

Therefore, staff is seeking to enter into an agreement for the lease and maintenance of 19 new Kyocera copiers.

California Business Machines is an established City vendor and authorized seller of Kyocera and operates under the OMNIA Contract Pricing. Staff received a quote from California Business Machines for the lease of 19 commercial-grade Kyocera printer/copier/scanner machines, which have the same features as the current models, although, the new copiers will be more reliable and efficient, potentially reducing downtime and improving productivity.

The City was provided Kyocera's OMNIA Cooperative Contract Pricing for the models that meet the departments' needs. OMNIA Partners, Public Sector is an experienced cooperative purchasing organization for state and local governments. The Kyocera OMNIA Cooperative Contract Pricing has been competitively solicited and publicly awarded, providing the lowest pricing while eliminating the need for multiple pricing or bids. California Business Machines works in conjunction with OMNIA and is honoring the OMNIA Cooperative Contract pricing. This allows California Business Machines to invoice, service and support the copiers directly. Leasing new copiers through the OMNIA Contract with Kyocera ensures compliance with procurement standards and presents a more stable and potentially cost-efficient solution over the next five (5) years.

The estimated maintenance agreement cost for the current copiers in Year 1 is $3,791.00 per month. This fee is set to increase by 15% each year. Leasing new copiers would allow us to secure a fixed rate for the next five (5) years at an approximate average cost of $3,742.00 per month, inclusive of maintenance.

Staff has prepared a comparison of the average monthly costs for maintaining the current machines versus leasing the new machines over the next five (5) years, below:

Item No. 3.

Monthly Rate Year 1 Year 2 Year 3 Year 4 Year 5
Maintain
Current
Printers/Copiers
$3,791 $4,360 $5,014 $5,766 $6,631
Lease New
Printers/Copiers $3,742 $3,742 $3,742 $3,742 $3,742
Staff is requesting approval to lease 19 new Kyocera copiers from California Business Machines under the OMNIA Contract for a 60-month term at an estimated average monthly rate of $3,742.00, which includes the lease, maintenance and supplies. Funds for the copier lease and maintenance are programmed into departmental operating budgets.

RECOMMENDATION: That the City Council:

1. Authorize the Finance Director to execute an agreement with California Business Machines for the lease and maintenance of 19 Kyocera copiers for a 60-month term; and

2. Authorize the Finance Director to add or delete copiers to this agreement as they are identified, without modifying the terms and conditions of this agreement.

ATTACHMENTS: 1. California Business Machines Qoute

2. OMNIA Executive Summary

3. OMNIA Renewal
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
August 29, 2024 Total Cost Analysis by Department to Lease 18 New Kyocera Copier/MFPs including Service for 21.

Quoted to City of Porterville using January 2024 County of Fresno Contract # A-24-048 with 5% Discount for Cash or Lease By: Teri Brymer, 559-225-5571, [email protected]
EQ # DEPARTMENT KYOCERA MODEL + ACCESSORIES

AVG B/W
VOL
MO B/W
COST
COLOR
VOL

MO COLOR

COST NEW MODEL
60 MO FMV
LEASE
DEPT OP.

COST
CP11 F/S OFFICE TA-5501i+DSDP+LCT+1K FIN+FAX 3,000 $18.60 TA 4004i $109.59 $128.19 55 to 40 ppm CP06 ENG TA-5501i+DSDP+LCT+1K FIN+FAX 10,500 $65.10 TA 5004i $117.53 $182.63 55 to 50 CP04 COMM DEV HALL TA-5501i+DSDP+LCT+1K FIN+FAX 4,000 $24.80 TA 5004i $117.53 $142.33 55 to 50 CP08 FIRE TA 3501i, DSDP+CAB+1K FIN+FAX 600 $3.72 TA 4004i $99.69 $103.41 CP14 AUTO SHOP TA 3501i, DSDP+CAB+1K FIN+FAX 1,800 $11.16 TA 4004i $99.69 $110.85 CP12 FIRE 2 TA 3501i, DSDP+CAB+1K FIN+FAX 300 $1.86 TA 4004i $99.69 $101.55 CP02 CD HALLWAY TA-3051ci+DSDP+LCT+1K FIN+FAX 800 $4.96 3,700 $181.30 TA 3554ci $123.58 $309.84 CP01 PD color/bw TA-3051ci+DSDP+LCT+1K FIN+FAX 1,200 $7.44 1,500 $73.50 TA 3554ci $123.58 $204.52 CP16 Fin TA-5501i+DSDP+LCT+4K FIN+FAX 18,500 $114.70 $24.50 TA 5004i $126.72 $265.92 55 to 50 CP20 Fire Dept.#1 TA-3051ci+DSDP+LCT+1K FIN+FAX 300 $1.86 500 $24.50 TA 3554ci $123.58 $149.94 CP15 F/S LAB TA 3501i, DSDP+CAB+1K FIN+FAX 2,200 $13.64 TA 4004i $99.69 $113.33 CP18 WW Treatment TA 3051+DSDP+LCT+1K FIN+FAX 300 $1.86 500 $24.50 TA 3554ci $123.58 $149.94 CP13 Safety Bldg TA 3051+DSDP+LCT+1K FIN+FAX 300 $1.86 300 $14.70 TA 3554ci $123.58 $140.14 CP21 Lindsay Animal TA 3051+DSDP+LCT+1K FIN+FAX 800 $4.96 900 $44.10 TA 3554ci $123.58 $172.64 CP22 Literacy TA 3051+DSDP+LCT+1K FIN+FAX 1,000 $6.20 2,000 $98.00 TA 3554ci $123.58 $227.78 CP23 Fire 1 TA 3252ci + DSDP + LCT + INT FIN + FAX 2,400 $14.88 1,000 $49.00 TA 3554ci $121.61 $185.49 CP24 Fire 1 TA 3252ci + DSDP + LCT + INT FIN + FAX 800 $4.96 500 $24.50 TA 3554ci $121.61 $151.07 CP25 Parks/Liesure TA 3252ci + DSDP + LCT + 1K FIN 1,700 $10.54 3,500 $171.50 TA 3554ci $108.59 $290.63 NEW Police NEW TA 508ci INCL DSDP + CAB + FAX TA 508ci $86.11 $86.11 ADD-ON 8/8/24

NEWER OWNED
CP26 Library TA 6054ci 2,500 $15.50 2,400 $117.60 $0.00 $133.10 CP27 Police TA5054ci 2,700 $16.74 3,500 $171.50 $0.00 $188.24 CP28 HR TA 6054ci 8,400 $52.08 3,100 $151.90 $0.00 $203.98 $3,655.52
CBM CPP M/A Rates - No Minimum Base 64,100 $397.42 23,400 $1,171.10 TOTAL LEASE $2,173.11 (REV. 8/8/24) NEW CPP RATES $0.0062 B/W, $0.049 COLOR TOTAL CPP $1,568.52 OLD CPP RATES $0.0207 B/W, $0.152 COLOR TOTAL COST $3,741.63 USED CPP M/A ONLY COST $3,790.75
COMPARED TO $3,741.63 TOTAL COST OF NEW EQ.

Copiers and Printers
Executive Summary
Lead Agency: Region 4 ESC Solicitation: 19-11
RFP Issued: October 2, 2019 Pre-Proposal Date: October 15, 2019 Response Due Date: November 19, 2019 Proposals Received: 4 Awarded to: Contract # R191102
The Board of Directors of Region 4 Education Service Center (ESC) issued RFP 19-11 on October 2, 2019, to establish a national cooperative contract for Copiers and Printers The solicitation included cooperative purchasing language in Section I. Scope of Work:

NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Region 4 is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”). Appendix D contains additional information about OMNIA Partners and the cooperative purchasing agreement.

Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• Region 4 ESC website
• OMNIA Partners, Public Sector website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino Sun, CA
• Honolulu Star-Advertiser, HI
• The Advocate – New Orleans, LA
• New Jersey Herald, NJ
• Times Union, NY
• Daily Journal of Commerce, OR
• The State, SC
• Houston Community Newspapers, Cy Creek
Mirror, TX
• Deseret News, UT
• Richmond Times, VA
• Seattle Daily Journal of Commerce, WA
• Helena Independent Record, MT

On November 19, 2019 proposals were received from the following offerors:
• Konica Minolta Business Solutions U.S.A. Inc.
• Kyocera Document Solutions America, Inc.
• Sharp Electronics Corporation
• Toshiba America Business Solutions, Inc.
• Xerox Corporation
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee determined that Kyocera Document Solutions America, Inc. demonstrated the ability to provide the products and services outlined in the solicitation while offering competitive pricing to members.

Region 4 ESC executed agreements with a contract effective date of June 1, 2020.

Contract Highlights:

Kyocera has extensive experience working with state, local and federal agencies. Consistently recognized for manufacturing some of the most reliable print technology in the world. As one of the leading manufacturers of print technologies and managed services worldwide Kyocera continues to grow and expand their solutions offering and assist customers in realizing their specific goals.

As part of Kyocera’s normal business process, they maintain multiple HUB plans within states in which they operate in accordance with state guidelines and will support any states requirement for development of HUB Certification.

Contract includes:

Full Kyocera product line of multifunction copier (MFDs) products Term:

Initial three-year agreement from June 1, 2020 through May 31, 2023 with the option to renew for two (2) additional one-year periods through May 31, 2025.

Pricing/Discount:

Provided discount from MSRP for all products and services.

OMNIA Partners, Public Sector Web Landing Page:
https://www.omniapartners.com/publicsector/contracts/supplier-contracts/kyocera-document-solutions October 27, 2023
Mr. Edward Bialecki
Senior Vice President of Sales
Kyocera Document Solutions America, Inc.
225 Sand Road
Fairfield, NJ 07004
[email protected]
Re: Renewal Award of Contract #R191102
Dear Mr. Bialecki:

Per official action taken by the Board of Directors of Region 4 Education Service Center on October 24, 2023, Region 4 ESC is pleased to announce that Kyocera Document Solutions America, Inc. has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on November 19, 2019, and subsequent performance thereafter:

Contract
Copiers and Printers
The contract will expire on May 31, 2025, completing the fifth year of a five-year term contract.

The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Deborah Bushnell, at (713) 554-7348 or [email protected]
The partnership between Kyocera Document Solutions America, Inc., Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business.

Sincerely,
Robert Zingelmann
Chief Financial Officer, Finance and Operations Services DocuSign Envelope ID: 7891C183-4D13-4021-91C8-6E2D622C335D Item No. 4.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Purchase Specialized Equipment - Headworks Grinders SOURCE: Public Works
COMMENT: The City's Wastewater Treatment Facility (WWTF) is requesting authorization to replace two (2) headworks grinders that have reached the end of their service life. The grinders are used to remove material from the wastewater stream that could damage or clog pumps and equipment downstream of the headworks. The material removed is washed and compacted to facilitate ultimate disposal. The new grinders will improve the overall efficiency and performance of the treatment system.

The WWTF staff requested and received three quotes for the grinders. The quotes are as follows:

Duperon $200,000
Franklin Miller $261,648
JWC Environmental $313,932
Duperon has been identified as the vendor submitting the lowest quote for the purchase of the two (2) grinders. The expenditure for the purchase of the grinders, in the amount not to exceed $240,350, which includes freight, taxes, and ten percent (10%) contingency. Fundng is available in the 2024-2025 WWTF Capital Reserve Fund.

RECOMMENDATION: That the City Council:

1. Award the purchase of the grinders to Duperon for an amount not to exceed $240,350, which includes freight,
taxes, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Duperon for an amount not to exceed $240,350, which
includes freight, taxes, and a ten percent (10%)
contingency; and

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

ATTACHMENTS: 1. Duperon

2. Franklin Miller
Item No. 4.

3. JWC Environmental
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 5.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Purchase HVAC for Porterville Navigation Center SOURCE: Parks and Leisure Services
COMMENT: The Porterville Navigation Center in Porterville is located at 140 South C Street. The Porterville Navigation Center provides emergency housing, bridge housing, and services for individuals experiencing homelessness in the community. The main quarters in the facility is in urgent need of a new heating, ventilation and air conditioning (HVAC) unit. The existing air conditioning unit is out of service. The replacement is critical for maintaining the health and wellbeing of those served by the center, and to ensure a safe and healthy environment for all clients, as it impacts overall living conditions. Quotes for a new HVAC unit were solicited with the results as follows:
559 Heating & Cooling $12,600
Tam-N-Tj'z Cooling-N-Heating Inc. $17,000
Sam's Air Conditioning and Heating $17,825
Given the urgent need for replacement and the quotes received, 559 Heating and Cooling, offers the most competitive price at $12,600. The purchase of the HVAC unit is recommended to come from ARPA funds.

RECOMMENDATION: That the City Council authorize the purchase of a HVAC unit from 559 Heating & Cooling for $12,600.

ATTACHMENTS: 1. HVAC Quotes
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Distribute a Request for Qualifications for a Permitting Software System
SOURCE: Engineering and Project Management
COMMENT: The City’s Engineering and Project Management Department is tasked with accepting & monitoring the full permitting process for the City of Porterville.

Staff has prepared a Request for Qualifications seeking qualified vendors to provide for a fully integrated permit tracking software system that will support both online and mobile functionality.

This system will streamline the processing of various types of permits, including but not limited to; building permits, building inspections, engineering permits (such as encroachment and grading permits), etc. The goal is to enhance operational efficiency, improve service delivery, and facilitate an improved and more transparent interaction with customers.

Staff will present the results of the ranking to Council for approval and authority for staff to negotiate a fee with the firm selected from the process.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Qualifications for a Permitting Software System and to negotiate a fee with the highest ranking firm.

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

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

REQUEST FOR QUALIFICATIONS
Permitting Software System
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
September 2024
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified consultants/firms (hereinafter referred to as “CONSULTANT”) to compile and implement a comprehensive permitting software system.

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

II EXAMINATION OF SOQ DOCUMENTS:

By submitting an SOQ, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

Any CITY changes to this RFQ will be made via written addendum. No verbal modification shall be binding.

IV SOQ REQUIREMENTS:

SOQs for this project will be accepted at this office until 4:00 p.m., on Thursday, October 3, 2024. Three (3) copies of the SOQ shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Permitting Software System.” Cost proposals shall not be submitted until requested by the CITY. SOQs shall be addressed to:

Sarah Torres
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all SOQs, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.

V PRE-CONTRACTUAL EXPENSES:

Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) Preparing and reproducing its SOQ in response to this RFQ; 2) submitting its SOQ to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's SOQ; 4) other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of SOQs. Pre-contractual expenses shall not be included in the cost proposal.

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's SOQ.

Such exceptions must be included as a separate element of the SOQ entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the SOQ. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.

VIII LOCAL AGENCY REPRESENTATIVE:

Sarah Torres, Building Permit Technician, shall be the Contract Administrator and contact person for all communications with CITY.

IX INSURANCE REQUIREMENTS:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

X INDEMNIFICATION:

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

XI SUBCONTRACTING:

Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII FEDERAL, STATE, AND LOCAL LAWS:

The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes.

XIII SOQ EVALUATION CRITERIA:

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

A. Transmittal Letter;
B. Firm(s) experience with similar projects and references; C. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
D. Firm(s) understanding of the project requirements;
E. Project schedule. Firm(s) must detail ability to provide the required services in a timely and cost-effective manner to meet the required schedule; F. Firm(s) policy in providing Equal Employment Opportunity; and G. Firm(s) approach to provide the best product for CITY.

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

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all SOQs and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The top three (3) highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team to determine the top rated firm. However, in the event one proposal is clearly superior to all other proposals, the CITY reserves the right to eliminate the oral interview process and present their recommendation to the City Council based solely on the rating of the proposals. The Engineering & Project Management Director shall make a recommendation to the City Council to award a contract to the top rated firm.

The City Council, at its sole discretion, may choose to accept staff’s recommendation, or may choose to award a contract to another consulting firm, or may choose not to award a contract as this time. The Contract will be a written Service Agreement between the Consultant and the City setting forth the scope of work, responsibilities, deliverables, schedule, ownership of work, insurance requirements, compensation, method of payment, and other points. A sample Service Agreement is included in this RFQ package. Please indicate on the transmittal letter the firm’s ability to comply with the Service Agreement provisions, including insurance coverage.

XV COST PROPOSAL:

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

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's SOQ and cost proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a SOQ (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at a City Council meeting scheduled for October or November 2024. Issuance of this RFQ and receipt of SOQs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all SOQs received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

A. All items of work required for completion of the project/s to result from this RFQ shall be paid for following the cost proposal format specified in each task order request.

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

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

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

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

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

XIX SOQ FORMAT AND CONTENT:

SOQs shall be brief and include a concise address of the following information:

A. Firm Experience:

1. Provide a list of at least three (3) prior projects completed in the last five (5) years, in which the firm provided relevant services similar to this assignment, indicate the specific relationship if other than principal and each firm's responsibilities. Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

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

B. Consultant Team:

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

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

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

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

C. SOQ Format:

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

2. SOQs should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response addressing each of the items, ‘a’ through ‘p’, as shown in the City’s “Consultant Selection Rating Form”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR SOFTWARE PERMITTING SYSTEM The City of Porterville seeks “Statement of Qualifications” (SOQs) from qualified vendors to provide a fully integrated permit tracking software system. This system will streamline the processing of various types of permits, including but not limited to building permits, building inspections, engineering permits (such as encroachment and grading permits), and more. The City aims to enhance operational efficiency, improve service delivery, and facilitate better interaction with citizens. The City is seeking a system that will support both online and mobile functionality to ensure a robust citizen portal. Accordingly, the following Is intended only as a guide for submission of the Scope of Services to be included in the proposal.

At a minimum, all Vendors shall submit a “Statement of Qualifications” (SOQs) responding to the entire Scope of Services. However, vendors may recommend changes and include alternatives to the Scope of Services if (1) additional tasks are required by laws or regulations, (2) tasks below are not specifically required by laws or regulations, or (3) tasks below can be modified to meet the City above stated objectives.

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

SCOPE OF SERVICES:

The selected vendor will be responsible for providing a software solution that includes, but is not limited to the following functionalities:

1. Comprehensive Permit Tracking
- Capable of managing and tracking all permits.
- Include functionality for application submission, processing, and tracking status. - Track and generate reports for all building permit activity including inspection scheduling and status.
- Allow real time inspections results that would be made available publicly to all users. - Provide on-line tracking capabilities for all permit applications from permit submission to permit issuance.
- The system should provide visual workflow status that is apparent to both the customer and internal staff.
- The City desires a dating functionality that would alert permit holders and staff of pending expiration of permit(s).

2. Online and Mobile Functionality
- Provide a user-friendly portal for citizens to apply for permits, track status, and access relevant information.
- Mobile functionality to allow access and management from smartphones and tablets. - Mobile application functionality that would allow staff the ability to conduct and input inspection data in the field. This would require the ability to quickly access approved plans, contact details for the owner, applicant, contractor or complainant, and the ability to take and attach pictures to field inspection reports. Field inspectors should be able to input fees and adjust accounts for situations such as missed inspections/no-shows and unpermitted work. - Mobile application functionality that would allow the ability to flag a property or parcel with a “Stop Work” directive and impose penalties fees on designated properties. - The ability for inspectors to see a map of their daily inspections. - The product is expected to provide a positive customer user-friendly experience for both staff and public with a well-designed website, straightforward and logical user interface. The average public user should be able to access and use the online services provided with ease.

3. Parcel-Based System with GIS Capabilities
- The system must be parcel-based with GIS capabilities and offer ESRI ArcGIS integration.

4. Product Features
- Incorporate permit fees, development impact fees and potentially generate a fee estimate prior to submission.
- Software must allow the City the ability to export data and information from the system in a common and accessible format to accommodate public records requests or in the event that service is terminated.
- The software is expected to generate and compile mandatory annual reporting data required by the State of California, such as the production of accessory dwelling units, approved landscaping square footage, and housing construction data.
- Provide licensing functionality including contractor with CSLB licensing that can be integrated into the permitting process.
- The City desires automated reports that can be emailed on a pre-defined schedule. - Software must retrieve data by searching any parameter, including permit#, contractor, address, scope of work, etc.
- The platform is expected to securely store and access all necessary digital files. - The software is expected to have the ability to cross-reference information and files across all modules (planning, building, engineering, fire, etc.) without needing to purchase or install additional third-party products and services.
- The product is expected to be flexible and customizable to accommodate all permit types across multiple departments.
- The user interface is expected to utilize a logical workflow that serves as a progress chart. - It is expected that the public website portal and mobile app(s) hosted by the product vendor comply with the U.S. Department of Justice’s Web Content Accessibility Guidelines (WCAG).

5. Implementation Services, including but not limited to - The software vendor is expected to provide software setup, customization, and implementation services of product.
- The vendor is expected to be able to incorporate existing intake checklists, templates and application forms into the software product and provide assistance with development of any necessary new or modified forms and procedures.
- Testing, including acceptance testing.
- Provide comprehensive support and training for city staff to effectively use the system. Ongoing resources to train new users and update existing users are expected to be available. - Data migration from old system to new system with functionality of any open permits. - The selected vendor is expected to provide ongoing support and update services for the duration of the product’s use.

6. Cloud-Based Hosting and Data Storage
- The City of Porterville is seeking a product vendor to customize, implement and host the permit software in a secure, cloud-based environment. The City requires outside assistance with the hosting, maintenance and management of any software product and service. - Vendors are expected to provide a guaranteed percentage of uptime for access and solid track record of reliability.
- The software product must be accessible through a web browser with a secure log-in and password portal. Users should be able to have accounts assigned to them with varying levels of customized authorization for access privileges.
- Date and user interface must include industry-standard encryption and security features in order to prevent unauthorized access and provide frequent secure data backup.

7. Additional Requirements
- The selected vendor must be to provide and explain their services and the costs involved in a transparent manner. The methodology for invoices, billings and payment to the vendor is expected to be reliable and consistent from year to year. - It is expected that the costs related to hosting services and unlimited bandwidth and date storage are included in the contract. If these are not included and are separate or itemized costs, vendors shall produce clear terms and explanations for their pricing. - Ongoing software maintenance and warranty services must be clearly explained and provided.

It is expected that software updates will occur during the lowest time periods of usage and not during business hours.
- The selected vendor is expected to provide ongoing support and update services for the duration of the product’s use.
- Training for support staff, end users, and administrators is expected to be provided upon implementation and included in the cost. Ongoing resources to update existing users and add new users are expected to available when needed.

8. Payment Processing
- Software must directly integrate with third party credit card processing center, Paymentus and/or Stripe, and contain cash register functionality for processing of payments. Payment processing must contain audit mechanism to track payment overrides and nuanced user rights that limit users who can override payment structures. Must integrate with cash drawer functionality of Tyler Incode 9 & 10.

9. References and Case Studies
- Must be able to supply appropriate client references that may be contacted by the City for background information and to verify qualifications.

All records and documentation produced by the vendor become property of the City.

Item No. 7.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Execute an Agreement for Golf Course Management Services SOURCE: Parks and Leisure Services
COMMENT: At its meeting on June 18, 2024, the City Council authorized staff to publish a Request For Proposals (RFP) for golf course management services. On August 6, 2024, City Council authorized staff to negotiate a contract with Mr. Casey Butler, for a five (5) year contract.

The draft agreement (attached) provides a sharing of green fees and cart rental fees. The draft agreement includes a revenue share of 22% of green fees, monthly and yearly tickets, lockers, and 25% of cart rental fees. The operator will have exclusive rights to operate the Pro Shop, driving range, food concessions, and to provide golf lessons. The draft agreement states that the operator will procure and maintain in force throughout the term of the agreement insurance policies insuring the operator and the City against public liability and property damage in amounts required by the City. The operator is to provide monthly revenue and play data to the City. The draft agreement states that if at the end of the current five (5) year agreement the City Council is satisfied with the Operator's performance up to that time, the Operator shall have the option to renegotiate the terms of the agreement for an additional five (5) years, provided the parties can mutually agree upon the terms for renewal.

The operator has paid for enhancements to the facility under the prior agreement in an effort to provide a more enjoyable experience for the public, including installing individual driving range locations, and creating a family entertainment game room within the Pro Shop. The youth golf program has grown under the direction of Mr. Butler, as has the number of local high school golf teams that utilize the facility.

RECOMMENDATION: That the City Council:

1. Authorize staff to execute a golf course management services agreement with Mr. Casey Butler subject to the City Attorney's approval; and

2. Authorize the Mayor to sign all contract documents when completed.

ATTACHMENTS: 1. Golf Agreement 2024
Appropriated/Funded:

Item No. 7.

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
1 PORTERVILLE MUNICIPAL GOLF COURSE

OPERATING AGREEMENT
THIS AGREEMENT, entered into at Porterville, California, by and between the CITY OF PORTERVILLE, a Municipal Corporation of the State of California, hereinafter called “City,” and Casey L. Butler, hereinafter called “Operator.”

RECITALS
WHEREAS, the City is the owner of a public golf course located within the City of Porterville and known generally as the Porterville Municipal Golf Course; and WHEREAS, the City maintains said golf course for the purpose of making available to the general public the facilities thereon; and
WHEREAS, in the operation of said golf course, the City desires to make available public food service, professional golfing instruction and other services related to golfing hereinafter set forth; and
WHEREAS, Operator desires to undertake and to perform the services set forth above and other services as hereinafter set forth; and
NOW, THEREFORE, it is agreed between the parties hereto as follows:

1. Operator’s Rights and Obligations. The City grants to Operator, and Operator hereby accepts, the following exclusive right pertaining to the Porterville Municipal Golf Course, with accompanying obligations:
a. Right to sale of food, soft drinks, and wine and beer. Operator shall be responsible for obtaining requisite ABC License at his sole cost and expense.
b. Right to sale of golf equipment and miscellaneous merchandise incidental to the game of golf.
c. Right to rent City golf carts, golf equipment and other equipment incidental to the game of golf.
d. Right to provide golfing services such as professional golf instructions and professional golf lessons, driving range, conducting of tournaments and similar competitions.
2 e. Operator shall instill and maintain positive customer service and a peopleoriented approach to the operation of the course. f. Operator is to provide, from time to time, recommendations to the City regarding any suggested adjustments to the existing course fees that will enhance both play and revenue.
g. Operator is to maintain regular communications with the City’s Parks and Leisure Services Director, or designee, regarding all operations and evaluation of all programs and promotional efforts.
h. Operator’s programs and promotional efforts shall target juniors, ladies, seniors, and new golfers.
i. Operator, with concurrence of the City’s Parks and Leisure Services Director, shall have the authority to conduct special programs and promotions at reduced fees, which shall be intended to increase play 1) during off-peak hours, and 2) targeted groups. Operator, throughout the term of this agreement, shall remain Certified by the United States Golf Teachers Association.
j. Operator shall conduct activities under this agreement in manners that respect the goals of the City to achieve fiscal sustainability of the course, as well as promoting golf play.
k. Operator shall assume responsibility, and relieve the City of all liability for any damages or personal injuries incurred, resulting from the presence of spectators allowed on the course under the age of twelve (12) years, including any actions of such spectators.
l. Operator shall provide monthly revenue and play data to the City in a spreadsheet format provided by the Director of Parks and Leisure Services.

All of the above specified uses hereby granted under the terms of this agreement shall be permitted, carried on and exercised at locations approved by the City Manager of the City of Porterville, or his designated representative, and at no other place or location than the Porterville Municipal Golf Course.

2. Term. The term of this agreement shall be five years commencing on September 3, 2024. At the end of five years, provided that Operator is not in default, and further provided that the City Council of the City of Porterville is satisfied with Operator’s performance up to that time, Operator shall have the option to renegotiate the terms of this agreement for an additional five (5) years, provided the parties can mutually agree upon the terms for renewal. 3 3. Rules and Regulations. Operator agrees to exercise all rights herein granted subject to, and in accordance with, the rules and regulations of the City Council of the City of Porterville that are now, or may hereafter be, in effect; and the City Manager, or his designated representative, shall provide supervisory control, direction, and enforcement of such rules, regulations, and other terms and conditions of this agreement on behalf of the City of Porterville.

The rules and regulations to be enforced on the golf course by Operator, include, but are not limited to, the following:
a. Use of proper etiquette by golfers, including allowing faster players to play through, leaving the green immediately when completing a hole, control of under-age spectators allowed on the course, avoiding practice swings which will damage the course, smoothing holes and footprints left in sand traps, replacing divots, repairing damage to greens such as ball and spike marks, and the proper movement of riding and/or pull carts.

Operator, or his designee, agrees to physically marshall the course by inspecting play on the course from time to time.
b. Operator shall act as starter in conducting starting times, with priority for groups and ensuring that all players register prior to playing on the course.

4. Condition of Premises. At the end of the term of this Agreement, or at its earlier termination for any reason whatsoever, Operator agrees to deliver possession of any part of said Municipal Golf Course utilized by Operator, and to clean and restore said premises in a condition satisfactory to the City of Porterville.

5. Insurance. Operator agrees that he or she will procure and maintain in force throughout the term of this Agreement insurance policies insuring Operator and the City against public liability and property damage in the following minimum amounts, to wit:
a. Comprehensive form of commercial general liability, which shall be primary as respect to the City of Porterville, with aggregate limits not being reduced by prior claims, and naming the City of Porterville, its officers, employees, agents and assigns, as additional insured, in at least the following amounts:
i. Bodily injury, including death to one or more persons, each occurrence:
$1,000,000.00.
ii. Products/completed operations hazard, each occurrence: $1,000,000.00. iii. Damage to property, each occurrence: $100,000.00, with no deductible. iv. Liquor Liability: $1,000,000.00.
4 b. Workers’ compensation insurance, conforming to all applicable statutory limits, and covering all employees of Operator.

All insurance shall be carried with insurance companies having a Best rating of not less than A:VII, and which are admitted and authorized to do business in the State of California by the Insurance Commissioner of California. A renewal policy shall be procured not less than ten (10) days prior to the expiration of any such policy. The policies of insurance as above provided, or certificates of the insurers evidencing insurance carried, shall be deposited with the City Clerk of the City immediately upon the execution of this Agreement. Should the required insurance coverage, for any reason whatsoever, be cancelled, the insurer is required to provide the City with thirty (30) days notice of such cancellation.

6. Indemnification. Operator hereby agrees, to the fullest extent permitted by law, to hold the City, its elective and appointive boards, and its officers, agents and employees harmless from any liability for damage or claims or damage, for personal injury, including death, as well as from claims for property damage which may arise from Operator’s operations under this Agreement, or by any one or more persons directly or indirectly employed by, or acting as agent for, Operator. Operator agrees to, and shall, indemnify and defend the City and its elective and appointive boards, officers, agents, and employees from any claims or actions at law or in equity for damages caused, or alleged to have been caused by reason of any of the aforesaid operations, provided as follows:
a. That the City does not, and shall not, waive any rights against Operator which it may have by reason of the aforesaid hold harmless agreement or because of the acceptance by the City, or the deposit with the City by Operator of any of the insurance policies or certificates of insurance described in this agreement; and
b. That the aforesaid hold harmless agreement in favor of City shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reasons of any of the acts of Operator regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

7. Additional Rights and Duties of Operator. Operator further agrees as follows:
a. Not to assign or sublease this Agreement, or any part thereof, without the written consent of the City first hand and obtained, which consent may be withheld by the City at its sole discretion, and the consent to one assignment or one subletting shall not be construed as a consent to any further assignment or subletting.
b. To pay the costs of janitorial services inside the clubhouse and locker room, and the cleaning of windows (inside and outside).
5 c. Not to violate, permit or suffer the violation of any law, regulation or ordinance of any political subdivision in effect at said premises. d. To provide all office supplies necessary for day-to-day operations. To pay the cost of telephone services utilized by Operator at said premises. The City will provide credit card processing equipment and telephone service. e. To maintain the driving range to include regular trash and ball pick up. The City is responsible for perimeter fencing. The City is to mow and provide irrigation water and reserves the right to curtail the driving range irrigation during a water emergency.
f. To rent golf carts to the public. The Operator shall receive a percentage of gross revenues for renting the carts. The City shall be responsible for major maintenance of the City-owned/leased golf carts. The Operator will be responsible for cleaning of the carts and minor preventative /routine maintenance, and reporting cart repair needed to appropriate maintenance staff.

8. Waste and Nuisance. Operator shall not commit, or suffer to be committed, any waste upon said premises, or any nuisance, or other act or thing which may disturb the quiet enjoyment of the neighborhood or citizens utilizing said golf course.

9. Premises. Operator warrants that he has inspected the premises and accepts them in their present condition and “as is.” Operator may from time to time, at his own cost and expense, make alterations to the premises provided Operator obtains from the City prior written approval of said alterations and after obtaining any other permits or licenses as required by law.

10. Food Services. In the exercise of this agreement, Operator will provide food, including, but not limited to, hot sandwich or similar service as well as beverage service to the public during that period of time which coincides with the hours of golf play at said Municipal Golf Course. Operator may also provide said food and beverage service at other times in accordance with the regulations and approval of the City. In this regard, Operator shall, at his sole cost, provide all necessary fixtures and equipment for the purpose of supplying said services.

11. Course Management. Operator shall, at all times when the Golf Course is required to be open to the public, and subject to the supervision of the City Manager of the City of Porterville, or his designated representative, perform those duties required of the manager of said Municipal Golf Course.

12. Compensation. For the services of Operator as professional-manager of said golf course, the City agrees to pay to Operator as consideration the following:
6 a. Twenty-two percent (22%) of all fees collected for lockers, monthly and yearly tickets, green fees.
b. Twenty-five percent (25%) of all cart fees collected. c. All revenue generated from the pro shop, restaurant, pull-cart and club rentals, driving range, lessons, food, and beverage sales.

Operator is also entitled to complimentary play for himself and up to three regular employees.

Operator is not an employee of the City of Porterville, and is therefore ineligible for vacation, sick leave or retirement benefits that may now, or hereafter, be available to employees of the City of Porterville. However, Operator will continue to receive the basic consideration as set forth above, although Operator’s absence from the premises may occur from time to time for reason of sickness or vacation. Notice of vacation absences shall be given in advance to the Parks and Leisure Services Director, or his Leisure Services Director, or his designee. Said consideration provided for in this paragraph shall be paid to Operator by the City monthly on the basis of the revenue as set forth and received from the preceding month. All funds received at the course will be operated through the City’s cash register for accounting purposes.

13. Business License. Prior to conducting any business as contemplated herein, and at all times during the term of this agreement, Operator shall secure a business license from the City of Porterville and provide proof of such license to the Director of Parks and Leisure Services for the City of Porterville.

14. Days of Operations. Operator agrees that the golf course shall be open for use six (6) days a week, and shall be opened every Monday that is declared to be a state and/or local holiday, except the course will not be open on the following holidays, whether falling on a Monday, or otherwise: Thanksgiving Day, Christmas Day and New Year’s Day.

Notwithstanding the foregoing, the Operator shall have the discretion to close the course from time to time due to poor course conditions resulting from inclement weather. Furthermore, notwithstanding the foregoing, the Operator shall have the discretion, in consultation and concurrence of the Parks and Leisure Services Director, to open the course on Mondays for special programs and tournaments.

15. Termination. This Agreement with Operator is in consideration of the services that Operator shall perform as the professional-manager of the Porterville Municipal Golf Course. In the event that any of said services required by Operator are terminated, then this Agreement may, at the option of the City, be terminated and cancelled pursuant to Section 22 below. In the event Operator breaches or fails to comply with any terms or conditions of this agreement, then, at the option of the City, this agreement shall be terminated, and Operator shall immediately surrender possession of any premises and/or rights herein granted.

16. Independent Contractor. With respect to the performance of the duties and 7 obligations arising under this Agreement, it is mutually understood and agreed that Operator will be acting as an independent contractor. Nothing in this agreement is intended, nor shall be construed, to create a partnership, an employer/employee relationship, a joint venture relationship, or any other relationship between Operator and the City.

17. Annual Audit. The Operator will annually transmit to the City an annual summary detailing player demographics, rounds of golf play, cart rental and driving range activity, clinics conducted, and all revenues received by Operator through exercise of this Agreement, within 60 days after the close of each fiscal year during the term of this contract.

18. Background and Drug Testing. Alcohol and drug testing is a condition of approval for this agreement. The Operator shall submit to an alcohol and/or drug test conducted by the City Physician at the City’s expense. The Operator shall submit immediately to an alcohol and/or drug screen test when requested by the City during the term of this Agreement. Refusing to provide a urine specimen as requested by the City Physician will result in the termination of the Agreement. This agreement is also subject to Operator’s successful completion of a background check, to be performed by the City at its own cost.

19. Additional Duties. It is contemplated by the parties herein that from time to time there may be required of Operator additional duties not herein specifically set forth. In that event, it is agreed that this Agreement shall be supplemented.

20. City’s Financial Commitment. The City agrees to provide services and materials to properly maintain the buildings and grounds of said municipal golf course subject to budgetary funding.

21. Annual Evaluation. This Agreement shall be reviewed annually. Operator’s performance will also be evaluated yearly.

22. Notice of Termination. Notwithstanding any provision of this agreement to the contrary, the Agreement may be terminated by either party, without cause, by giving the other party ninety (90) days written notice of termination. Notice shall be given by personal delivery or first class mail, return receipt requested, addressed as follows:

CITY: City Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
OPERATOR: Casey Lance Butler
Porterville Municipal Golf Course
702 East Isham Avenue
Porterville, CA 93257
8 With copies to: Director of Department of Parks & Leisure Services City of Porterville
291 N. Main Street
Porterville, CA 93257
Notwithstanding the foregoing, either party may terminate this Agreement for cause upon thirty (30) days written notice to the other party, in the manner set forth herein. “For cause” shall include a breach of any term or condition of this agreement, and/or per Section 15 above.

In the event this Agreement is terminated prior to the conclusion of the term hereof, Operator shall be entitled to retain payments under this Agreement and to receive payment of 22% of green fees and 25% of cart rental fees for that portion of the month in which this agreement is terminated.

In the event that the City terminates this agreement prior to the conclusion of the term herein, the City shall purchase all merchandise in stock and on order at the Operator’s delivered cost and at market value. Purchase of merchandise excludes personal property. Operator shall afford the City the first rights to all business merchandise, without removing property from the premises, and shall not retain any merchandise or business-related property necessary for the continued conduction of operations, without the concurrence of the City.

23. Equal Opportunity. Neither Operator, nor any agent, servant, or employee of Operator shall willfully discriminate against any employee or patron of the Porterville Municipal Golf Course on any facilities related thereto, based upon their ancestry, sex, national origin, local custom, habit, or sexual orientation. Violation by Operator of this provision of the State Fair Employment Practices Act shall be cause to terminate this Agreement.

24. Attorney’s Fees. If any legal action, arbitration or other proceeding is brought in connection with this Agreement, the prevailing parties shall be entitled to recover their actual attorney’s fees and costs, in addition to other costs incurred in such action, arbitration or proceeding, reimbursement of fees advanced in the event of arbitration, and other relief to which they may be entitled.
9 IN WITNESS WHEREOF, the parties have caused this agreement to be executed at Porterville, California, on ____________________________, 2024.

CITY:

CITY OF PORTERVILLE
_________________________________
Martha A. Flores, Mayor
ATTEST:
________________________________________
Patrice Hildreth, City Clerk
Approved as to Form:
________________________________________
Julie Lew, City Attorney
OPERATOR:
__________________________________
Casey Lance Butler
Item No. 8.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization to Execute a Consultant Agreement with GHD, Inc – Active Transportation (AT) Plan
SOURCE: Community Development
COMMENT: At its meeting on August 6, 2024, the City Council authorized staff to begin negotiations for a scope and services contract with GHD, Inc. for the development of an active transportation plan. Staff was able to negotiate services for the said plan at a price of $203,136. The total project cost, inclusive of a ten percent (10%) contingency, is $223,449.

Tulare County Association of Governments (TCAG) has programmed Measure R - Alternate funds into its Overall Work Plan (OWP) for the City of Porterville AT Plan and will reimburse the City for the associated costs up to $225,000.

The staff found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Mayor to execute the Consultant Service Agreement for the development of the City’s Active
Transportation Plan with GHD, Inc. at a price of $203,136;

2. Authorize a ten percent (10%) contingency for the contract; and

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

ATTACHMENTS: 1. Draft Agreement for Services
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE

AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this ____ day of _____, 20__, between the City of Porterville, a municipal corporation, hereinafter referred to as "City" and __________, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Consultant shall perform all of these services to the satisfaction of the City. Consultant represents and warrants that it has the qualifications, experience, licenses and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law.

2. STATUS OF CONSULTANT. Consultant is, and shall at all times, remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement.

3. CONSULTANT KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalfof Consultant shall at all times be under Consultant’s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. The total compensation, including reimbursement for actual expenses, shall not exceed $______unless additional compensation is approved in writing by the City Council or City Manager. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the City disputes any of Consultant’s fees, it shall give written notice to Consultant in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said additional services.

7. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer any of portion this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of thisAgreement.

8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide free access to the representatives of City, or its designees, at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five years after receipt of final payment.

9. TERMINATION OF AGREEMENT. This Agreement will commence on _____, ___ and shall terminate on ______, _____, unless otherwise extended by written agreement of the parties. This Agreement may be terminated with or without cause by either party upon ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination.

10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City.

With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

12. RELEASE OF INFORMATION. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

If Consultant or any of its officers, employees, Consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees.

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. CONFLICTS OF INTEREST. Consultant covenants that neither Consultant nor any officer or principal of Consultant's firm has any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services herein. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Consultant's principles, officers, employees or agents shall file disclosure statements pursuant to the Political Reform Act, Government Code Section 87200.

City understands and acknowledges that Consultant is, as of the effective date of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section, unless otherwise required by law.

14. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to the Consultant. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.

15. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend , and hold harmless the CITY, its officers, employees, agents and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance of its obligations under this agreement or out of the operations conducted by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this agreement, CONSULTANT shall provide a defense to the City Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonably legal counsels’ fees, incurred in defense of such claims.

If pursuant to this agreement, CONSULTANT is providing design professional services, the above paragraph and any provisions, clauses, covenants, and agreements contained in, collateral to, or affecting this agreement, that purports to indemnify, including the duty and the cost to defend, the indemnitee by a design professional against liability for claims against the indemnitee, shall be unenforceable, except to the extent that the claims against the indemnitee arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties.

For purposes of this section, “design professional” includes all of the following:

A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.

B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.

C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.

D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.

The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following:

A. Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.

B. A design professional who is a party to a written design-build joint venture agreement.

16. INSURANCE. The Consultant agrees to maintain in force at all times the following insurance with a current A.M. Best's rating of no less than A:VII:

A. Worker's Compensation insurance covering employees of the Consultant in such amounts as required by law.

B. Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000), naming the City as an additional insured.

C. Professional liability insurance in an amount of Two Million Dollars ($2,000,000).

D. Errors and Omissions liability insurance in the amount of Two Million Dollars ($2,000,000) per claim.

E. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.

F. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

G. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after (30) day's prior written notice by Certified Mail, Return Receipt Requested, has been given to the City.

H. Consultant shall furnish the City Clerk annually with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City forms, the Consultant's insurer may provide proof of insurance, including endorsements affecting the coverage required by these specifications in the form of a Certificate of Insurance.

17. NON-DISCRIMINATION CLAUSE. Consultant shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status, or any other classification protected by law in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts andorder.

18. FEDERAL IMMIGRATION AND NATIONALITY ACT. To the extent required by all applicable laws, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Consultant so employ unauthorized persons for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized persons, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.

19. ENTIRE AGREEMENT. This Agreement is the complete, final, entire, and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding.

20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, the parties agree that it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

21. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each other party, as follows:

A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and B. That each party has lawfully authorized the execution of this Agreement.

22. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is entered into and is to be performed in Tulare County, California.

23. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void.

24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder.

25. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be in writing and shall be personally delivered, or sent by facsimile and certified mail, postage prepaid and return receipt requested, on the party to be notified, addressed as follows:

To City
Attention:

City of Porterville
291 N Main St.

Porterville, CA 93257
To Consultant
Attention: Consultant Contact
Consultant Name
Consultant Mailing Address
The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service.

26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of thisAgreement.

27. MEDIATION. In the event of a dispute between the parties, and prior to the commencement of any litigation, the parties agree to engage in good faith efforts to mediate the dispute, and to mutually agree on a mediator for that purpose.

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

City of Porterville Consultant Name
__________________________ __________________________
Martha A. Flores, Mayor Name, Title

1 SCOPE OF WORK
GHD proposes the following Scope of Work to accomplish the Scope of Services outlined in the City of Porterville Request for Qualifications for the development of an Active Transportation Plan (ATP). We have included detail on our approach to deliver each of the tasks.

For each applicable task, draft deliverables will be revised based on one set of consolidated, internally consistent comments received from the City before being incorporated into the final deliverable.

TASK 1: PROJECT ADMINISTRATION
Task 1.1: Project Initiation
Within two (2) weeks of receiving the Notice to Proceed, the Consultant will work with City staff to facilitate a project kickoff meeting. The Consultant will outline meeting goals and objectives to set the project up for success: determining communication protocols, clarifying the project scope and schedule, discussing the timeline and format for deliverables, discussing deliverable review protocols, and discussing critical data and information needed from the City to remain on the identified project schedule.

The Consultant will develop project templates for each category of project deliverables to ensure consistency of format, layout, and overall design within deliverable types (e.g., for memos, reports, presentations, Geographic Information Systems (GIS) layouts, displays, tables, figures).

Following the meeting, and within five (5) days, the Consultant will provide meeting minutes with action items and an ongoing meeting schedule for the City’s review and comment.

The Project Manager and key staff will attend the project kickoff meeting in person or virtually, as desired.

Deliverables:
• One (1) project kick-off meeting
• Project kick-off meeting materials: Agenda, handouts (including project schedule and budget), and minutes (including action items)
Task 1.2: Project Management
The Consultant will facilitate monthly project management meetings with the City. The Consultant will prepare a meeting agenda; status review; and document any issues or concerns, action items, and/or corrective steps, in the meeting minutes. The task leaders 2 may need to participate, as requested by the City. The meetings will be conducted virtually using Microsoft Teams or a similar platform. On a monthly basis, the Consultant will provide a status report and invoice documenting progress towards each task. The Consultant also will develop and maintain a simplified version of the project schedule, to track status and share with the City for City purposes.

Deliverables:
• Monthly project management meetings
• Project management meeting materials: Agenda, status review, and minutes (including action items)
• Monthly status report and invoice
TASK 2: PUBLIC ENGAGEMENT
Task 2.1: Public Participation Plan
Within three (3) weeks of the project kickoff meeting, the Consultant will develop a project Public Participation Plan (PPP). The PPP will identify project outreach methods, potential participants, events (public workshops or similar events), times, formats, and goals. The PPP will provide an approach to engage a diverse group of stakeholders, organize and conduct public workshops or similar outreach events, including walk and bike audits, and develop outreach collateral and exhibits for public engagement activities. The PPP will provide an outreach approach that encourages open communication, generates meaningful dialogue across transportation related issues, proactively identifies issues and concerns throughout the planning process, and tailors information appropriately for its varied audiences.

The Consultant will work with the City to develop an appropriate accessibility and interpretation strategy. Project promotional materials will be provided in English and Spanish to maximize participation. Additionally, public workshops will have translation services available. The Consultant will use virtual meetings if in-person events are not feasible due to public health concerns.

Deliverables:
• Public Participation Plan (PPP) (Technical Memorandum) Task 2.1.a: Project Website (Task Enhancement)
To increase the value of Task 2 (Public Engagement), the Consultant offers to develop a project website that will list the project background and goals, the project timeline, project documents, upcoming public events, ways to get involved (including “sign up” to receive project updates), and ways to contact the project team (submit comment form). The project website will host the survey, as well as an interactive map-based tool to receive public comments on existing conditions and needs. The project website will provide 3 multiple language functionality, allowing the user to select their desired language to view translated content. The project website will be updated monthly and as needed.

Deliverables:
• Project website
Task 2.2: Public Input Survey
The Consultant will work with the City to develop one (1) survey or questionnaire regarding existing travel patterns, origins and destinations, existing conditions, recreational and commuter needs, and other issues (e.g. safety, network, accessibility, mobility, connectivity, barriers or other needs), route preferences, limitations in existing routes, routes needing maintenance or infrastructure improvements, wayfinding and signage issues, and perceived safety issues. The survey will collect public input on existing conditions, needs, and other issues relevant to the development of recommendations and strategies for the ATP. All survey content will be submitted to the City for review and approval.

The survey will be accessible online. The Consultant will post the survey on the project website. The Consultant will provide the survey link to the City, for City staff to post the survey on the City website or other City communication channels, as desired. Survey hard copies will be made available at relevant events, such as public workshops.

The survey could be mailed out, if desired. The Consultant will provide the survey print design to the City. The City could print and mail survey hard copies to local residents and stakeholders, as desired. This supplemental method could reach additional members of the public.

The Consultant will develop a contact list for the distribution of the survey, building on prior City outreach, as well as interest expressed to the Consultant via the project website or during project public engagement events. The contact list will include electronic distribution (email), as well as any key stakeholders who may agree to distribute and collect completed printed surveys.

Deliverables:
• One (1) survey/questionnaire
• Contact list
• Survey Results Summary (Technical Memorandum)
Task 2.3: Public Engagement Activities
As part of the PPP (Task 2.1), the Consultant will provide a strategy to engage and inform the public. The strategy will be built upon the following outreach events and timing relative to deliverables:
4 − Public Workshop #1. Introduce the ATP, gather feedback on perceived barriers to active transportation, opportunities for improvement, and needs of the local community.
− Pop-up Events. Up to three (3) events to spread the word about the ATP, opportunity to provide feedback via the survey, and to directly discuss needs with the community.

These events will be in-person if appropriate community events are available.

Alternately, virtual community events can be attended. Attendance at significant regional events (e.g., Bike to Work Month events, parades, or other public events) will be coordinated, as possible.
− Public Workshop #2. Present draft active transportation network and program recommendations and hold interactive discussions to gather feedback to help in revising the networks and programs.

The Consultant will develop, reproduce, present, and distribute outreach event collateral (e.g., agendas, displays, presentations, layouts/maps, graphics, fact sheets, flyers, and notices).

The project website will note outreach events and host outreach tools. The Consultant will use an interactive map-based tool, such as Social Pinpoint or ArcGIS online, to collect public comments on existing conditions, needs, and other issues. This tool and the survey will be hosted on the project website.

The Consultant will document project public engagement activities in a Public Participation Summary Report. The report will present the description of activities, attendees, dates, and locations and will include the invitations, agendas, presentations, and meeting minutes. Additionally, fact sheets/newsletters, comments and responses, notifications, and other materials developed in support of project outreach will be compiled in the report. The report will be included as an appendix to the ATP.

Deliverables:
• Public Participation Summary (Technical Memorandum)
• Outreach event collateral: Agendas, displays, presentations, layouts/maps, graphics, fact sheets, flyers, and notices
• Two (2) public workshops
• Up to three (3) pop-up events
TASK 3: EXISTING CONDITIONS ANALYSIS
Task 3.1: Plan and Policy Review
A successful ATP requires a solid understanding of the existing policy and regulatory framework which impacts active transportation, including general plans, zoning 5 ordinances, development codes. The Consultant is skilled at identifying and reviewing these and other relevant documents to understand the current landscape and suggest possible alternations to policy or practice to facilitate implementation of the ATP. The Consultant will review publicly available data and documents, and information made available by the City, and compile information on existing plans and policies at local, regional, state and federal levels. The plan and policy review, at a minimum, will identify regional and local efforts, status, and progress made on previous planning efforts and studies with a goal to ensure that the ATP complements existing and prior City efforts.

The Porterville Americans with Disabilities Act (ADA) Transition Plan will be reviewed and incorporated into the ATP.

Deliverables:
• Existing Plans and Policies Summary (Technical Memorandum) Task 3.2: Develop Goals, Objectives, and Performance Measures Developing goals, objectives, and performance measures is key to creating and implementing a successful ATP. The Consultant will develop a range of goals (short, medium, and long), objectives, and performance measures that align with City plans and goals and in accordance with local, state, and federal policies and guidelines. Examples of measuring successful performance indicators include comparing increases in bicycling and walking mode share, growth and investment in active transportation infrastructure, miles of new bike paths, bike lanes, or sidewalks, among others. These will form the baseline indicators for performance measures. Additionally, during project outreach/workshops, goals and objectives will be introduced to the community to solicit input. This approach will help in developing performance measures that utilize ATP community support as an indicator to help with prioritizing projects into short, medium, and long-term categories. The Consultant will identify the responsible party for each action and potential targets for achieving each goal.

Deliverables:
• Draft Goals, Objectives, and Performance Measures (Technical Memorandum) Task 3.3: Existing Conditions Review
The Existing Conditions Review will be muti-faceted and will include a GIS and demographics analysis, Level of Traffic Stress (LTS) analysis, and safety analysis.

GIS and Demographics Analysis
The Consultant will prepare a summary report that utilizes both GIS and demographic data provided by the City or other publicly available sources to develop base maps that illustrates existing and future land uses, as well as existing active transportation facilities and networks to help analyze conditions for bicycle and walking. Examples include on-off 6 road active transportation facilities, such as sidewalks, curb ramps, intersection crossing treatments, pedestrian barriers, bikeways, multi-use paths, and other enhancements supportive of active transportation, bike racks, and bicycle lockers.

Level of Traffic Stress
The Consultant will perform a LTS analysis for pedestrians and bicyclists. The analysis will use land use and transportation data to predict comfort for pedestrians and bicyclists.

The goal is to identify where there are high-stress connections or crossings that should be addressed to improve overall connectivity of the low-stress active transportation network.

The Consultant will use publicly-available GIS data to conduct the analysis, including sidewalk, bikeway, and roadway GIS data. Where GIS data details are missing (e.g., sidewalk and bikeway widths), assumptions will be made, including based on data contained within the Porterville ADA Transition Plan.

The Consultant will produce GIS maps to identify key barriers to low-stress connectivity, suggesting where facility improvements should be focused to create comfortable routes to destinations that will be appealing to a greater number of potential pedestrians and bicyclists.

Safety Analysis
The Consultant will analyze the most recent 10 years of available data from the Transportation Injury Mapping System (TIMS) and prepare maps and other exhibits to illustrate locations or characteristics of collisions in the City for people bicycling and walking. Data will be reviewed to identify both locations with a history of reported collisions (“hot spots”), as well as risk factors for fatal and severe injury locations. The Consultant also will review data related to contributing factors, traffic violations, environmental conditions, injury severity, determinations of fault, and movements or behavior of involved parties preceding the reported collisions. This analysis will be documented in narrative form, as well as maps and other exhibits, as appropriate, and included in the Existing Conditions Summary (Technical Memorandum).

Deliverables:
• Existing Conditions Summary (Technical Memorandum)
Task 3.4: Needs Assessment
The Consultant will identify the needs of the City active transportation network based on priortasks analysis and public input. The needs assessment will include:
– Future Growth – align with plans and programs that guide new development and bolster coordination with planned projects.
7 – Bicyclist and Pedestrian Safety – using LTS data and analysis, identify where there are high-stress corridors, connections, or crossings that need to be addressed to improve overall traffic safety and connectivity with a low-stress active transportation network. – Gaps and Barriers – using existing data and GIS analysis, identify gaps in the active transportation network, such as sidewalks gaps and incomplete or disconnected bikeways. The gap analysis will identify locations without these facilities currently and inform the development of a prioritized set of recommendations. – Public Engagement – with a focus on mobility and accessibility for people of all ages and abilities, gather the public and stakeholder feedback recorded during the outreach process that aligns with ATP goals and objectives, as well as projects and programs. This will include public comments provided on the project website via the interactive mapbased tool.

The Needs Assessment will be documented in narrative form utilizing maps and information gathered in prior tasks, as well as in a series of maps. Maps will depict bicycle- involved collisions and pedestrian-involved collisions.

Deliverables:
• Needs Assessment Summary (Technical Memorandum)
TASK 4: PROJECT RECOMMENDATIONS
Task 4.1: Develop Project Recommendations
Informed by the existing conditions and needs assessments, the Consultant will develop a prioritized list of proposed active transportation project recommendations. The project recommendations are intended to fill active transportation gaps, improve mobility and accessibility for all ages and abilities, address safety concerns, and promote bicycling and walking throughout the City.

Pedestrian Network Recommendations
The proposed pedestrian network recommendations will include sidewalks and Class I shared use paths (consistent with the bicycle network recommendations). Accessibility and crossing upgrades/recommendations, including but not limited to Rectangular Rapid Flashing Beacons and high visibility crosswalk striping, also will be recommended.

Bicycle Network Recommendations
The proposed bicycle network recommendations will include four classes of bikeways:

Class I shared use paths (consistent with the Pedestrian Network Recommendations), Class II bicycle lanes, Class III bicycle routes, and Class IV separated bikeways. As appropriate for local context, current best practices in bikeway design that build on these four classes with additional features and enhancements to improve safety and reduce 8 traffic stress for bicyclists, including buffered bicycle lanes (a form of Class II) and bicycle boulevards (a form of Class III), will be incorporated. Intersection and crossing upgrades/recommendations, along with but not limited to bicycle parking and other amenities, also will be recommended, as appropriate.

Non-infrastructure Recommendations
Proposed non-infrastructure recommendations will include strategies that help to encourage and promote active transportation with potential for mode shift as an outcome and measure. Programmatic efforts are important to developing a local culture where walking and bicycling are seen as viable modes of transportation, and where users of all modes can share space responsibly, effectively, and safely on the roadway.

Recommendations include supporting existing campaigns, including Bike Day in May, CarFree Day in September, Walk to School in October, etc. Other recommendations will include regularly scheduled bike education workshops and safety clinics.

The proposed project recommendations will be submitted as an Excel workbook, with details such as facility type, location, start/end points, length, program activity, and other details necessary to describe the recommendation. In addition, maps of the network recommendations will be provided in PDF format.

The Consultant will provide the proposed/draft project recommendation files and schedule a meeting to discuss. The City will approve the final project recommendations.

As part of this task, the Consultant also will develop a project prioritization matrix, which will allow the City to rank the proposed project recommendations. The Consultant will develop an initial set of evaluation criteria to be reviewed by the City. The evaluation criteria will be used to measure the relative urgency and priority of each project. Project evaluation criteria may include: public support; safety; connectivity; transit support; feasibility; and environmental mitigation (e.g., water quality, flooding considerations, fire hazards, etc.).

Deliverables:
• Project Recommendations Summary (Technical Memorandum) Task 4.2: 2D Elevation View and 3D Graphic Renderings
Following Task 4.1 (Develop Project Recommendations), the Consultant will provide conceptual renderings through 2Dand 3Dexhibitsand renderings using Sketchup software and Adobe Photoshop (or similar City approved software). Renderings will provide several viewpointsto display conceptualschematic and landscape designs and will be provided in electronic and hardcopy format to the City. The Consultant will work with the City to determine the renderings.
9 Deliverables:
• 2D and 3D conceptual renderings, up to 15 renderings
Task 4.3: Financial Analysis
Following Task 4.1 (Develop Project Recommendations), including City approval of the final project recommendations, planning level cost estimates will be developed. The Consultant will provide a planning level unit cost list for the facilities involving capital improvements, as well as estimate future costs related to operations and maintenance.

Actionable plans are fiscally constrained to what can reasonably be funded and developed within stated horizons of most comprehensive plans. Transformational projects requiring large investments will need to be a high priority to the City. As such, the Consultant will identify key funding programs and eligibility criteria at the regional, state, and federal levels so that transformational projects have the highest success when submitting grant applications. We will also provide estimates for project strategies for non-infrastructure programs based on examples from existing programs offered in US cities.

Deliverables:
• Financial Analysis (Technical Memorandum)
TASK 5: PREPARE ACTIVE TRANSPORTATION PLAN
Task 5.1: Develop Report
The Draft ATP will incorporate the technical memoranda of prior tasks and highlight key public engagement input, as well as City staff direction. The Draft ATP will be developed in a format that is easily accessible and understandable to members of the public, but also useful and actionable for the City staff charged with implementing the ATP. The document will include an Executive Summary supplemented by maps, tables, and graphics developed in prior tasks, as well as appendices for the technical memoranda.

The Consultant will provide the Draft ATP to the City for review and will revise based on one set of internally consistent, consolidated comments. Following revisions, the Final ATP will be completed.

Task 5.2: Council Presentation
The Consultant will be available to develop a presentation and attend up to two public meetings with the City Council. The meetings will be determined by City staff. It is anticipated that one meeting is to solicit input and one meeting is for project approval.

For each meeting, the Consultant will prepare a PowerPoint presentation and will assist City staff in presenting at the meeting. Each presentation will effectively and succinctly 10 summarize the process, input, and recommendations of the ATP. The presentation slides will be provided to the City for review and revised based on one set of consolidated, internally consistent comments.

Deliverables:
• Draft ATP
• Final ATP
• All project files, supporting technical data, reports, and documentation, and compilation of comments received and responses
• City Council meetings: Project Manager in-person attendance at up to two (2) meetings
• City Council meeting materials: Presentation slides
Porterville ATP
12645065
Description
Kamesh
Vedula
Melissa
Estrada
Todd
Tregenza Colin Burgett Zach Porteous Frank Penry
Joe
RamirezMoreno
Holly
Murphy
Kamryn
Kubose Meg Sigler Total Hours Labor Total
Direct
Expenses
Total
Disbursements
Estimated
Project Total
Project
Director
Project
Manager
Outreach &
Planning Planning GIS Design Design
Outreach &
Planning Planning Design
$360 $205 $275 $275 $125 $310 $130 $120 $130 $210
Task1 Project Administration 2 44 2 2 0 0 0 2 0 0 52 $11,080 $1,098 $1,098 $12,178 Subtask 1.1 Project Initiation 2 12 2 2 0 0 0 2 0 0 20 $4,520 $1,098 $1,098 $5,618 Subtask 1.2 Project Management 0 32 0 0 0 0 0 0 0 0 32 $6,560 $0 $0 $6,560 Task2 Public Engagement 0 27 21 0 38 0 15 220 120 0 441 $60,010 $7,440 $7,440 $67,450 Subtask 2.1 Public Participation Plan 0 4 2 0 0 0 0 20 0 0 26 $3,770 $0 $0 $3,770 Subtask 2.1.a Project Website (Task Enhancement) 0 4 2 0 8 0 0 40 0 0 54 $7,170 $1,200 $1,200 $8,370 Subtask 2.2 Public Input Survey 0 4 2 0 0 0 0 60 40 0 106 $13,770 $0 $0 $13,770 Subtask 2.3 Public Engagement Activities 0 15 15 0 30 0 15 100 80 0 255 $35,300 $6,240 $6,240 $41,540 Task3 Existing Conditions Analysis 2 33 4 28 50 0 0 80 130 0 327 $49,035 $0 $0 $49,035 Subtask 3.1 Plan and Policy Review 0 4 0 4 0 0 0 10 20 0 38 $5,720 $0 $0 $5,720 Subtask 3.2 Develop Goals, Objectives, & Performance Measures 1 4 0 4 0 0 0 0 30 0 39 $6,180 $0 $0 $6,180 Subtask 3.3 Existing Conditions Review 0 10 0 10 30 0 0 50 40 0 140 $19,750 $0 $0 $19,750 Subtask 3.4 Needs Assessment 1 15 4 10 20 0 0 20 40 0 110 $17,385 $0 $0 $17,385 Task4 Project Recommendations 2 33 14 14 20 4 14 130 85 8 324 $49,075 $0 $0 $49,075 Subtask 4.1 Develop Project Recommendations 1 25 10 10 20 2 10 70 70 4 222 $33,745 $0 $0 $33,745 Subtask 4.2 2D Elevation View and 3D Graphic Renderings 0 4 4 0 0 0 0 40 0 0 48 $6,720 $0 $0 $6,720 Subtask 4.3 Financial Analysis 1 4 0 4 0 2 4 20 15 4 54 $8,610 $0 $0 $8,610 Task5 Prepare Active Transportation Plan 2 30 2 10 10 0 2 54 44 2 156 $24,300 $1,098 $1,098 $25,398 Subtask 5.1 Develop Report 2 15 0 10 10 0 2 50 40 2 131 $19,675 $0 $0 $19,675 Subtask 5.2 Council Presentation 0 15 2 0 0 0 0 4 4 0 25 $4,625 $1,098 $1,098 $5,723 Total Labor Hours 8 167 43 54 118 4 31 486 379 10 1300 $193,500 $9,636 $9,636 $203,136 x Estimated Project Total $2,880 $34,235 $11,825 $14,850 $14,750 $1,240 $4,030 $58,320 $49,270 $2,100 1300 $193,500 $9,636 $9,636 $203,136 Task 1 Project Administration

1.1 Project Initiation M XX

1.2 Project Management XX

1.2.a Project Management Meetings MMM XX MM M M M M M M M M1.2.b Invoicing and Reporting D D DD XX DDDDDDDDDD Task 2 Public Engagement

2.1 Public Participation Plan D XX

2.1.a Project Website (Task Enhancement) D XX

2.2 Public Input Survey D XX D2.3 Public Engagement Activities XX D

2.3.a Public Workshops (2) XX WW2.3.b Pop-up Events (up to 3) EE XX E Task 3 Existing Conditions Analysis

3.1 Plan and Policy Review XX D

3.2 Develop Goals, Ojectives, and Performance Measures XX D3.3 Existing Conditions Review XX D3.4 Needs Assessment XX D Task 4 Project Recommendations

4.1 Develop Project Recommendations XX D

4.2 2D Elevation View and 3D Graphic Renderings XX D4.3 Financial Analysis XX D Task 5 Prepare Active Transportation Plan

5.1 Develop Report XX DD

5.2 Council Presentation DP XX DP
Task Progress D Deliverable Milestone W Workshop X Holiday M Meeting P Presentation E Event
Porterville ATP
Task Description
Sep-24
Oct-24
Nov-24
Dec-24
Jan-25
Feb-25
Mar-25
Apr-25
May-25
Jun-25
Jul-25
Aug-25
Sep-25
Oct-25
Item No. 9.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization Request for the Preparation of the FY 2023-2024 Annual Comprehensive Financial Report
SOURCE: Finance
COMMENT: On June 20, 2023, the City Council awarded a contract for financial auditing services to Clifton Larson Allen LLP. This contract includes not only the audit of the City's financial statements but also the preparation of the Annual Comprehensive Financial Report (ACFR), which is crucial for maintaining transparency and accountability in the City's financial operations.

The preparation of the ACFR involves detailed financial analysis, consolidation of financial data from various departments and compliance with accounting standards set forth by the Governmental Accounting Standards Board (GASB).

It is staff's recommendation to utilize CliftonLarsonAllen LLP services to prepare the FY 2023-2024 Annual Comprehensive Financial Report. Their established familiarity with the City of Porterville financials and their expertise in financial reporting will ensure a thorough and accurate preparation of the report. Funds in the amount of $9,140.00, required for the preparation of the FY 2023-2024 Annual Comprehensive Financial Report, are available in the General Fund.

RECOMMENDATION: That the City Council authorize the Finance Department to utilize CliftonLarsonAllen LLP to prepare the City's FY 2023-2024 Annual Comprehensive Financial Report at a cost of $9,140.00.

ATTACHMENTS: 1. Staff Report 6-20-23 Award of Contract - Financial Audit Services
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
Item No. 5.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Award of Contract - Financial Auditing Services SOURCE: Finance
COMMENT: On May 6, 2023, the City issued a Request for Proposals (RFP) from accountancy firms to provide financial auditing services for the three fiscal years ending June 30, 2023 through June 30, 2025, with the option of extending the agreement for two additional one-year periods. The last solicitation for audit services was in 2011, which resulted in an award of contract to Gallina, LLP, now CliftonLarsonAllen LLP (CLA). CLA has served as the City's auditor since.

In response to the RFP, the City received only a single proposal, which was from CliftonLarsonAllen LLP. Staff has reviewed the proposal from CLA and finds it meets the City's criteria. The scope of work includes the City's financial statements audit, single audit of major programs and appropriations limit agreed-upon procedures.

The proposed fees are as follows and details are attached to this report:

FY2022-2023 $75,820
FY2023-2024 $78,860
FY2024-2025 $82,020
Fees for the option years 2026 and 2027 will increase four percent (4%) each year.

In the event that the City requires CLA to prepare the Annual Consolidated Financial Report, additional fees would be as follows:

FY2022-2023 $ 8,790
FY2023-2024 $ 9,140
FY2024-2025 $ 9,510
The annual audit fees will be appropriated in the City Council's budget in the General Fund.

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

Item No. 5.

ATTACHMENTS: 1. Draft Professional Services Agreement

2. CLA Professional Fees Proposal
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Irrevocable Offer of Dedication From Burton School District, a California Public School District
SOURCE: Engineering and Project Management
COMMENT: City staff has reviewed the final subdivision map for the Brookside Subdivision for San Joaquin Valley Homes. If the final subdivision map is approved, the irrevocable offer of dedication from Burton School District, a California School District, will be necessary to provide a complete street for proper egress.

In an effort to prevent delays with the final recording of the Brookside Subdivision map once it is approved, staff is requesting approval from City Council to accept the necessary irrevocable offer of dedication from Burton School District pending final subdivision map approval.

RECOMMENDATION: That City Council:

1. Approve the draft resolution accepting the Irrevocable Offer of Dedication from Burton School District, a California Public School District; and

2. Direct the City Clerk to record the Irrevocable Offer of Dedication in the office of the Tulare County Recorder upon the City receiving the final subdivision map for the Brookside Subdivision.

ATTACHMENTS: 1. Irrevocable Offer of Dedication

2. Draft Resolution

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

RESOLUTION NO. - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FROM BURTON

SCHOOL DISTRICT, A CALIFORNIA PUBLIC SCHOOL DISTRICT
WHEREAS: The City is currently reviewing the tentative subdivision map for the Brookside Subdivision for San Joaquin Valley Homes; and WHEREAS: Upon submittal and approval of the final subdivision map for the Brookside Subdivision the irrevocable offer of dedication from Burton School District, a California Public School District, will be necessary to provide a complete street for proper egress for said subdivision.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Porterville hereby accepts an Irrevocable Offer of Dedication for street purposes from Burton School District, a California Public School District, with foresaid property situated, lying and being in the City of Porterville, County of Tulare, State of California, to-with:

That portion of that certain parcel of land as described by Deed recorded July 30, 2007, as Document No. 2007-0068905, Official Records of Tulare County, also shown on Record of Survey, according to the map thereof recorded in Book 29 of Licensed Surveys, at Page 45, Tulare County Records, situated in the Northwest quarter of Section 21, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, according to the Official United State Government Township Plat thereof, in the Count of Tulare, State of California, more particularly described as follows:

Commencing at the Southeast corner of said certain parcel of land; thence South 89°56’27” West, along the south line of said certain parcel of land, a distance of 50.03 feet to the TRUE POINT OF BEGINNING of this description; thence South 89°56’27” West, continuing along said south line, a distance of 827.98 feet to the beginning of a non-tangent curve, concave northeasterly, with a radial of South 27°12’24” West; thence northerly, along the arc of said non- tangent curve, with radius of 40.50 feet, through a central angel of 19°01’38”, an arc distance of

13.45 feet, to a non-tangent line; thence North 45°47’02” West, along said non-tangent line, a distance of 5.11 feet to a non-tangent curve, concave northeasterly, having a radial of South 53°23;45” West; thence northwesterly, along the arc of last said nontangent curve, with radius of 41.00 feet through a central angle of 28°38’52”, an arc distance of 20.50 feet to a non-tangent line; thence North 01°13’26” East, along last said non-tangent line, a distance of 5.11 feet to the beginning of a non-tangent curve, concave southerly, having a radial South 89°12’21” West; thence easterly, along the arc of last said non-tangent curve with radius of 40.50 feet, through a central angle of 145°40’21”, an arc distance of 102.97 feet to a point of reverse curvature with a tangent curve, concave northeasterly; thence southeasterly, along the arc of said tangent curve, with radius of 53.50 feet, through a central angel of 54°56’15”, an arc distance of 51.30 feet to a tangent line; thence North 89°56’27” East, along said tangent line and along a line which is parallel with and 36.50 feet north of the south line of said certain parcel of land, a distance of
Resolution No. ____-2024

603.60 feet; thence North 00°00’11” East, a distance of 9.50 feet; thence North 89°56’27” East, along a line which is parallel with and 46.00 feet north of the south line of said certain parcel of land, a distance of 128.87 feet; thence South 00°303’33” East, a distance of 46.00 feet to the
TRUE POINT OF BEGINNING.

Containing an area of 0.80 acres, more or less.

BE IT FURTHER RESOLVED that said Irrevocable Offer of Dedication be recorded in the office of the Tulare County Recorder upon receipt of the final subdivision map for the Brookside Subdivision.

PASSED, APPROVED and ADOPTED this 3rd of September, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel­Moraga,
Acting Chief Deputy City Clerk

Item No. 11.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Acceptance of Final Subdivision Map - Brookside, Phase 1 (Presidio JJR Brookside 110 LLC and Presidio JJR Laurelwood 110 LLC)
SOURCE: Engineering and Project Management
COMMENT: The subdivider, Presidio JJR Brookside 110, LLC, a Delaware Limited Liability Company and Presidio JJR Laurelwood 110, LLC, a Delaware Limited Liability Company, has submitted the final map of the subject project for City Council approval. The subdivider is requesting approval prior to the acceptance of the required improvements.

The subdivider has agreed to submit the required guarantee to the City to complete and/or accept all necessary public improvements for the project. A subdivision agreement between the subdivider and the City will be executed with approval, and all fees have been paid.

The final map is in conformance with the approved tentative map and City Council Resolution No. 13-2022. The improvement plans, specifications, dedications, and the final map have been approved by the Engineering & Project Management Director and City Engineer and all other requirements have been met.

RECOMMENDATION: That the City Council:

1. Approve the final subdivision map of Brookside, Phase 1; and

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

ATTACHMENTS: 1. Resolution 13-2022

2. Final Map - Brookside, Phase one

3. Subdivision Agreement - Brookside Phase SJVH
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

2024-08-27
SJVH Revisions
1 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this day of , 2024, by and between the City of Porterville, a Municipal Corporation, hereinafter designated and called the "City", and Presidio JJR Brookside 110 LLC , a Delaware Limited Liability Company and Presidio JJR Laurelwood 110, LLC, a Delaware Limited Liability Company, 5607 Avenida de los Robles, Visalia, Ca 93291, hereinafter designated and called the "Subdivider".

RECITALS

1. The Subdivider has presented to the City a certain final map of a proposed subdivision of land located within the corporate limits of the City, and known and described as Brookside, Phase 1, a copy of which map is attached to and made part of this agreement, and said Subdivider has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law.

2. The City requires, as a condition precedent to the acceptance and approval of said map, the dedication of such streets, highways and public places and easements as are delineated and shown on said map, and they shall be improved by the construction and the installation of the improvements hereinafter specified.

3. Chapter 21, Article 407, Section 407.02 of the Municipal Code of the City of Porterville requires the Subdivider to enter into this agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters herein after in the agreement mentioned and set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Porterville. 2 4. A portion of the real property needed for certain required public improvements is not currently owned or controlled by the City or Subdivider. California Government Code Sections 66462 and 66462.5 provides that the City can require Subdivider to enter into an agreement to complete the improvements once the City acquires the necessary interest in the property, with the Subdivider responsible for all property acquisition and improvements costs.

AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows:

5. The Subdivider shall complete the work and improvements hereinafter specified on or before August 20, 2025, to the satisfaction of the City Engineer. Additional inspection and administration costs past this date must be paid by the Subdivider prior to City Council acceptance of improvements. The Subdivider hereby designates and agrees to compensate the "Supervising Civil Engineer(s)" shown in Exhibit A attached for the purpose of satisfying Sections No. 7-132 and 7-133 of the City Code as defined in Exhibit A attached.

Subdivider agrees to notify said Civil Engineer of his duties by giving him a copy of this agreement prior to the start of grading. All grading involving a preliminary soils report shall be performed under the supervision of said Civil Engineer. It shall be the responsibility of said Civil Engineer to supervise and coordinate all site supervision and testing during grading operations. The preliminary soil report, and its recommendation, which has been first approved by the City Engineer, shall be used as a basis for the grading operations. If, in the course of fulfilling this responsibility as the supervising Civil 2024-08-27
SJVH Revisions
3 Engineer, he finds that the work is not being done in conformance with the preliminary report and grading plans approved by the City Engineer or in accordance with accepted practices, he shall immediately notify the person in charge of the grading work and the City Engineer, in writing, of the non-conformity and of the corrective measures to be taken. In the event the supervising Civil Engineer is relieved of or otherwise terminates his duties prior to completion of the work shown on the grading plans, he shall report the fact, in writing, to the City Engineer within forty-eight (48) hours from the time such termination begins together with a report on the status of the work at his last inspection.

In the event the supervising Civil Engineer terminates his duties prior to completion of the work shown on the grading plans, the Subdivider agrees to do one of the following. (a) To obtain written approval of a replacement supervising Civil Engineer (licensed to practice in California) from the City Engineer prior to termination of the supervising Civil Engineer, or
(b) Terminate grading operations until arrangements can be made for a new supervising Civil Engineer, acceptable to the City Engineer, to perform the prescribed duties.

6. The work and improvements, more specifically shown on the attached plans and made a part hereof, shall be done in accordance with the construction standards contained in the Standard Specifications for Public Works Construction, current Edition (Standard Specifications), the Manual of Traffic Controls for Public Works Construction and the City of Porterville Standard Plans and Specifications, as adopted by the City Council, at the sole cost and expense of the Subdivider including all costs of real property acquisition as identified in Section 7 and 8 of this Agreement.
4 7. The work and improvements are as follows:

All items of work and all improvements required as shown on the improvement plans dated April 30, 2024, as required by City Council Resolution No. 13-2022, and as directed by the City Engineer in accordance with the City of Porterville Standard Plans and Specifications. Special attention is given to resolution conditions #9, #25, #29, and #30 as they pertain to the requirements of APNs 245-010-094 and 245-010-095 to connect to City utilities (water and sewer), abandonment of water wells and septic tanks, the improvements specified for right of way, and full frontage improvements along said parcels.

All work and improvements set forth in this Agreement except for the work and improvements identified in Section 8 below, must be completed prior to any newly developed lot being issued a certificate of occupancy.

8. The real property (“Offsite Property”) necessary for the right of way width for Lombardi Street, consisting of 60 feet which will include 4.5 feet of parkway behind curb, followed by 5 feet of sidewalk, followed by a 10-foot landscape easement, is not currently owned or controlled by the City or Subdivider (collectively “Offsite Property Improvements). In accord with California Government Code Sections 66462 and 66462.5, Subdivider agrees to reimburse the City the cost of acquiring the Offsite Property as provided in California Government Code Section 66462.5. Subdivider further agrees to complete the required improvements at Subdivider’s sole expense, once the City holds the necessary interest in the Offsite Property. The City will proceed with acquisition procedures as soon as possible after the approval for recordation by the City Council of the Final Map, and Subdivider’s deposit with the City of $50,000.00 in the form of cash as an advance for a portion of the costs from Subdivider. Subdivider’s responsibility to pay or reimburse all costs initiates with the Subdivider’s execution of this Agreement. The City shall provide documentary support for the costs of acquiring the Offsite Property 2024-08-27
SJVH Revisions
5 incurred upon Subdivider’s request. Subdivider shall reimburse City within 30 days of receipt of written demand for costs exceeding the amount advanced, and such demands may be submitted periodically by the City as costs are incurred. In the event the amount advanced exceeds the cost of acquisition, the City shall return the excess amount to Subdivider once property acquisition is complete. “Costs” include the amount of compensation provided to the property owner and the costs incurred by the City to acquire the Offsite Property, including legal costs and fees, fees and costs for the appraisal of the Offsite Property (“Appraisal”), cost of the right of way consultant services and other costs incurred by the City to acquire the Offsite Property and comply with the requirements for public property purchases and/or California eminent domain law. If the City does not have legal possession of the Offsite Property to allow Subdivider to commence construction and installation of the Offsite Property Improvements on or before December 1, 2024, construction and installation of the Offsite Property Improvements will not be required to be completed prior to any newly developed lot being issued a certificate of occupancy.

However, upon receipt by the Subdivider of ten (10) business days written notice from the City confirming the City has legal possession of the Offsite Property, Subdivider will commence construction and installation of the Offsite Property Improvements prior to expiration of said ten (10) business day period and complete construction and installation of the Offsite Property Improvements within thirty (30) business days.

9. Subdivider has paid to the City of Porterville, in accordance with Chapter 19A, Article II, of the Porterville Municipal Code, the required fee to defray the costs of constructing planned local drainage facilities for the removal of surface and storm waters from the Subdivision.

10. It is agreed that the City shall inspect all work. All of the work and improvements and 6 materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file in the Office of the City Engineer of the City and the Standard Plans and Specifications of the City, which said plans and specifications and standards are hereby referred to and adopted and made a part of this agreement. In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the Standards and Specifications of the State of California, Business of Transportation Agency Department of transportation.

All of said work and improvements and materials shall be done, performed and installed under the supervision of and to the satisfaction of the City Engineer of the City.

Subdivider agrees to submit the names of all his proposed contractors and subcontractors for City approval, two weeks prior to initial start of construction.

Subdivider agrees to arrange a preconstruction conference with the City, involving representatives of all contractors who are to work on the subdivision, one week prior to the initial start of construction. Subdivider agrees to provide the City with 24-hour notice prior to starting work requiring inspection if there has been no construction work in the subdivision for the two prior working days. Twenty-four (24) hours prior to the performance of any overtime work, Subdivider shall obtain written permission to perform said work. Said written approval shall be kept on the job site at all times during performance of overtime work. Subdivider agrees to pay the City's cost (including overhead) for overtime inspection work (i.e. work performed more than eight (8) hours per day or forty (40) hours per week or for work performed on weekends and holidays).

11. Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City a bond for:
(a) Performance security in the sum of Seven million, three hundred and fifty thousand Dollars and no Cents ($ 7,350,000.00), which is equal to one hundred 2024-08-27
SJVH Revisions
7 percent of the total estimated cost of the work required. All to be conditioned upon the faithful performance of this agreement and a bond for:
(b) Payment security in the sum of Seven million, three hundred and fifty thousand Dollars and no Cents ($ 7,350,000.00), which is equal to one hundred percent of the total estimate cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvement.

Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City. Said payment security shall also secure payment to the City of the cost of real property acquisition necessary for improvements, to the extent not covered by other security as set forth in this Agreement. (c) On acceptance of the required work, warranty security shall be furnished to or retained by the City in the amount of five percent of the improvement security for performance, for guarantee and warranty of the work for a period of one-year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Chapter 21, Article 407, Section 407.02 of the Porterville Municipal Code, said warranty security shall be in the form of cash or a certificate of deposit or a maintenance bond.
(d) As a part of the obligation of the Subdivider and in addition to any and all furnishing for faithful performance of this agreement, the Subdivider agrees that the City shall be entitled to costs and reasonable expenses and fees, including reasonable attorney's fees which may be incurred in effectively enforcing the obligation secured.

12. The City shall not be liable to the Subdivider or to any other person, firm or corporation 8 whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this agreement, or any part thereof.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights of way in said subdivision and upon the premises adjacent thereto pursuant to this agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the performance of said work.

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets and improvements herein before specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein.

No occupancy permit shall be issued until an approved "all weather" street frontage and access is constructed. The issuance of any occupancy permits by the City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision.

13. The Subdivider and his subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, as required by Section 4200 of the Government Code.
2024-08-27
SJVH Revisions
9 14. Initial compaction and soil tests for street, sewer, water and other work within the public right of way shall be ordered by and paid for by the Subdivider. Sewer and utility trench tests shall be taken in varying locations and depths as required by the engineer.

Compaction tests failing to meet the City's requirements shall be reordered by the Subdivider.

15. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City.

16. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Porterville be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible.

17. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City representative so that proper inspection may be provided.

Any work done in the absence of the City's Inspector will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or Inspector and accepted.

Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider 10 before release of bond, or final acceptance of completed work.

18. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this agreement, from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control", as used herein, shall mean the sprinkling of the streets with water, or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust, by wind or the activity of vehicles and equipment, onto any street area or private property adjacent to the subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider, or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall, at any time, thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and of the City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City, forthwith upon receipt of billing therefore, the entire cost to the City of such sprinkling or oiling. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within 14 calendar days and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.
2024-08-27
SJVH Revisions
11 19. The Subdivider shall install all improvements in accordance with Chapter 21, Article 407, Section 407.2 of the Municipal Code of the City of Porterville and the construction plans.

20. Concrete curbs and gutters, the sanitary sewer system and house connections together with water mains, electrical systems, and their respective service connections shall be completed in the streets and alleys before starting the street and alley surfacing.

21. Time is of the essence of this agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.
[Signatures on page to follow]
12 The parties have executed this agreement on the day and year first above written.

CITY OF PORTERVILLE, A Municipal Corporation

Martha A. Flores, Mayor*
ATTEST: Presidio JJR Brookside 110, LLC, a Delaware
Limited Liability Company
By: JJR Management Services, Inc., a California
Corporation, its Operating Manager
By: ______________________________________
Patrice Hildreth, City Clerk* Joseph A. Leal, its President* Presidio JJR Laurelwood 110, LLC, a Delaware
Limited Liability Company
By: JJR Management Services, Inc., a California
Corporation, its Operating Manager
By: ______________________________________
Joseph A. Leal, its President*
* Notarization Required
2024-08-27
SJVH Revisions
13 Rev. 2022
P:\pubworks\General\Land Development\Residential\Brookside SJVH\Agreements\Subdivision Agreement - Brookside, Phase 1.docx 14 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Tulare ss.

On , 20 , before me, , a notary public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. SEAL
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
2024-08-27
SJVH Revisions
15 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Tulare ss.

On , 20 , before me, , a notary public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. SEAL
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
16 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Tulare ss.

On , 20 , before me, , a notary public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. SEAL
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
2024-08-27
SJVH Revisions
17 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Tulare ss.

On , 20 , before me, , a notary public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. SEAL
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Request for Will Serve Letter - 831 E. Date Ave.

SOURCE: Community Development
BACKGROUND: The property located at 831 E. Date Avenue currently receives water via an Extraterritorial Service Agreement (ESA) as an emergency water service connection through the Department of Water Resources (DWR) Emergency Connection Project for East Porterville, in which the property qualified as part of the East Porterville Feasibility Study Project Area. The ESA was approved on September 10, 2016, and the application included an Irrevocable Agreement for Annexation (IAA #09-02) with a Deed Restriction for future development (attached.) The document was recorded at the Tulare County Recorder’s office as Record Number 2017-0061500 on October 6, 2017.

COMMENT: The property at 831 E. Date Avenue (APN 262-270-002) is located in East Porterville, outside the city limits and within the city’s Urban Development Boundary. The property is currently developed for residential use (duplex).

ANALYSIS: Staff received a request for a will-serve letter to provide a second water connection service to the existing property for the development of a residential dwelling unit. The applicant received approval from the County of Tulare under PZV 24-023 (MD) for a minor deviation, which will allow the applicant to obtain a building permit for a manufactured home that is older than ten (10) years of age and to place said manufactured home on a property located in the County’s C-2 (General Commercial) Zone District.

As a condition of water service connection through the Extraterritorial Service Agreement, 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.”

ENVIRONMENTAL
REVIEW:

On August 12, 2024, the Environmental Coordinator decided that the project is exempt from CEQA as a ministerial project as it consists solely of the approval of an individual utility service connection (CEQA Guidelines §15268(b)(4)).

RECOMMENDATION: That the City Council adopt the draft resolution approving the second water service connection at 831 E. Date Avenue.

ATTACHMENTS: 1. Draft Resolution

2. LocatorMap

3. PZ 24-023 Minor Deviation Application Decision No. 0895

4. Recorded Irrevocable Agreement for Annexation #9-02
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager

RESOLUTION NO. -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A SECOND SERVICE FOR MUNICIPAL WATER FOR PROPERTY LOCATED AT 831 E. DATE AVENUE
WHEREAS: The California State Water Resources Control 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 via Resolution 19-2016: and
WHEREAS: The property located at 831 E. Date Ave. (APN 262-270-002) qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on September 10, 2016; and
WHEREAS: The Extraterritorial Service Agreement (ESA) included an Irrevocable Agreement for Annexation, IAA # 09-02, and a Deed Restriction, which document was recorded at the Tulare County Recorder’s on October 6, 2017 as Record Number 2017- 0061500; 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: as the purveyor of domestic water in the area, the City of Porterville is obligated to provide a water service to said residential dwelling unit if requested; and WHEREAS: This project is exempt from CEQA pursuant to CEQA Guidelines Section §15268, Ministerial Projects.

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. -2024
PASSED, APPROVED AND ADOPTED this 3rd day of September, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
BY
Fernando Gabriel-Moraga,
Acting Deputy City Clerk

Item No. 13.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Authorization for Street Closure - Pioneer Days & Rib Cook-Off SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Department is planning its annual fundraiser event for the Zalud House Museum. Pioneer Days & Rib Cook-Off is scheduled for Saturday, October 5, 2024, from the hours of 6:00 AM to 4:00 PM (which includes setup and teardown) on Main Street in the area of Morton Avenue to Putnam Avenue. Some of the activities will include: a rib cook-off, pageants, vendors, live shoot-out, historical displays, reenactments, kids corral, old west games, music, and more.

In support of this event, it is requested that the City Council approve a temporary closure of Main Street between Morton Avenue and Putnam Avenue, and on Harrison Avenue, Thurman Avenue and Cleveland Avenue from Division Street to the alley just east of Main Street. The Internal Community Civic Event form was routed to City staff, of which the outside amplifier permit and road closure map are attached to this report.

RECOMMENDATION: That the City Council authorize the temporary closure of Main Street from Morton Avenue to Putnam Avenue, and on Harrison Avenue, Thurman Avenue and Cleveland Avenue from Division Street to the alley just east of Main Street, on October 5, 2024, from 6:00 AM to 4:00 PM, during Pioneer Days.

ATTACHMENTS: 1. Amplifier Permit

2. Road Closure
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE

OUTSIDE AMPLIFIER PERMIT
(City Ordinances #18-9 & 18-14)
This application must be submitted ten (10) days prior to the date of the event. A copy of this permit must be at the operating premises of the amplifying equipment for which this registration is issued. 1 Name and home address of the applicant:
2 Address where amplification equipment is to be used:
3 Names and addresses of all persons who will use or operate the amplification equipment:
4 Type of event for which amplification equipment will be used:
5 Dates and hours of operation of amplification equipment:
6 A general description of the sound amplifying equipment to be used:

Section 18-9 It shall be unlawful for any person within the city to use or operate or cause to be operated or to play any radio, phonograph, jukebox, record player, loudspeaker, musical instrument, mechanical device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in a manner so loud as to be calculated to disturb the peace and good order of the neighborhood or sleep of ordinary persons in nearby residences or so loud as to unreasonably disturb and interfere with the peace and comfort , The operation of any such instrument, phonograph, jukebox, machine or device in such manner as to be plainly audible at a distance of one hundred feet (100') from the building, structure, vehicle, or place in which, or on which it is situated or located shall be prima facie evidence of a violation of this section. (Ord. Code § 6311)
Section 18-14 It shall be unlawful for any person to maintain, operate, connect, or suffer or permit to be maintained, operated, or operated, or connected any or sound amplifier in such a manner as to cause any sound to be projected outside of any building or out of doors in any part of the city, except as may be necessary to amplify sound for the proper presentation of moving picture shows, or exhibiting for the convenient hearing of patrons within the building or enclosure in which the show or or exhibition is given, without having first procured a permit from the chief of police, which permit shall be granted at the will of the chief of police upon application in writing therefore, but which permit, when granted, shall be revocable by the city council whenever any such loudspeaker or sound amplifier shall by the council be deemed objectionable, and any such permit may be so revoked with or without notice, or with or without a formal hearing, at the option of the council, and in the event of the revocation of any such permit, the same shall not be renewed, except upon application as the first instance. (Ord. Code § 6312) Penal Code Section 415 (2) Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.

I hereby certify that I have read and answered all statements on this registration form and that they are true and correct.

Signature of Applicant Date
THIS OUTSIDE AMPLIFIER PERMIT HAS BEEN APPROVED. HOWEVER, WE URGE YOU TO REMAIN CONSIDERATE OF THE GENERAL PEACE AND ORDER OF THE NEIGHBORS IN THE AREA. FAILURE TO ABIDE BY THESE REGULATIONS CAN RESULT IN REVOCATION OF THE PERMIT.

City of Porterville, Chief of Police/Designee Date
Music and announcements from
microphone and speakers, intermitten gun fire from Jackass Mail Run Tonya Childree 7/15/2024
Tonya Childree, 15 E. Thurman Ave, Suite A, Porterville Main Street, Porterville
Tonya Childree/ Parks & Leisure Services Department
Pioneer Days & Rib Cook-Off
October 5, 2024, 11am-3pm
07/16/2024

Item No. 14.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Approval of Community Civic Event - Central California Family Crisis Center - 24th Annual Domestic Violence Candlelight Vigil - October 24, 2024 SOURCE: Finance
COMMENT: The Central California Family Crisis Center is requesting approval to hold the 24th Annual Domestic Violence Candlelight Vigil on Thursday, October 24, 2024, from 5:30 PM to 8:30 PM (which includes setup and teardown of amplifier equipment), at Centennial Park. The candlelight vigil is being held to commemorate domestic violence awareness month and will include a resource fair with informational booths from several agencies.

This request is being 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. The requirements and restrictions are listed on the attached copy of the Application and Agreement, and Exhibit A.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Central California Family Crisis Center to hold the 24th Annual Domestic Violence Candlelight Vigil on October 24, 2024 at Centennial Park, subject to the requirements and restrictions contained in the Application and Agreement, and Exhibit A.

ATTACHMENTS: 1. Application and Agreement, Map, Exhibit A, Outside Amplifier Permit, and Certificate of Liability Insurance Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

Requirements for Community Civic Event
Central California Family Crisis Center
Annual Domestic Violence Candlelight Vigil
October 24, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon

Public Works Director: No comments.

M. Knight

Fire Marshal: No comments.

C. Dignam
Parks and Leisure Services Director: Park facility application required.

D. Moore Vehicles to remain off the grass.

If electricity is needed contact
Parks and Leisure at least 24
hours prior to event.

Police Lieutenant: No comments.

M. Acevedo

Administrative Service Director: The certificate of liability and Y. Andrade endorsement adequately cover the
proposed event on the application.

Field Services Superintendent: No comments.

B. Spry
Field Services Superintendent – Streets: No comments.

J. Baeza
Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: Central California Family Crisis Center
Event: Annual Domestic Violence Candlelight Vigil
Event Chairman: Ernie Garcia
Location: Centennial Park, Porterville Ca
Date of Event: October 24, 2024 (6:00 p.m.-8:00 p.m.)
RISK MANAGEMENT: Conditions of Approval
That Central California Family Crisis Center provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less that A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 2

Item No. 15.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: City of Porterville Conflict of Interest Code - 2024 Biennial Report and Proposed Amendment
SOURCE: Administrative Services
COMMENT:

Government Code Section 87300 et seq. sets forth provisions pertaining to the requirement of agencies to adopt a Conflict of Interest Code. The statute requires that during every even-numbered year, local agencies must submit to their Code reviewing body a biennial report which either identifies necessary amendments in its Code, or provides a statement which indicates no amendments are necessary. If it is determined that an amendment of the Code is necessary, said amendments are required to be submitted to the Code reviewing body for consideration and adoption within ninety (90) days of the report.

The City Council is the Code reviewing body for the City of Porterville, and the City Manager serves as the Administrative Supervisor of the Conflicts and Disclosure Monitor Agency. The City Manager, as Administrative Supervisor, has reviewed the City’s Conflict of Interest Code, and has proposed amendments to update the list of designated employees.

RECOMMENDATION: That the City Council:

1. Accept the Conflicts and Disclosure Monitor Agency 2024 Biennial Report; and

2. Direct staff to amend said report for Council's approval within ninety (90) days.

ATTACHMENTS: 1. Conflicts and Disclosure Monitor Agency Report - 2024 Biennial Report

2. Draft Conflict of Interest Code 2024

3. Government Codes 87300-87314: Conflict of Interest
Codes

4. 2024 Designated Employees - Exhibit A
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Item No. 15.

Final Approver: Patrice Hildreth, City Manager

2024 CONFLICT OF INTEREST CODE OF THE
"CONFLICTS AND DISCLOSURE MONITOR AGENCY" OF THE

CITY OF PORTERVILLE
SECTION 1. Establishment. The City Council of the City of Porterville has heretofore established a Conflicts and Disclosure Monitor Agency (hereinafter "Agency") having jurisdiction as set forth herein over all officers, officials, and employees of the City. The City Manager shall be the Administrative Supervisor of such Agency with authority to act for and on behalf of such Agency. Such Agency shall not affect the duties, responsibilities, or chain of command of any Department, Board, or Commission except to administer and enforce the requirements, rules, and regulations set forth herein. The City Council shall be deemed the "Code Reviewing Body" of said Agency pursuant to the provisions of Section 87300 et seq. of the Government Code.

SECTION 2. Purpose. The Conflicts and Disclosure Monitor Agency of the City of Porterville hereby adopts this document as its "Conflict of Interest Code" in accordance with the requirements of the Political Reform Act of 1974.

SECTION 3. Designated Positions. The positions listed on Exhibit "A" attached hereto are designated positions. Officers and employees holding those positions are designated employees and are deemed, for the purposes of this Code, to make, or participate in the making of, decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable. An investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employees by virtue of his or her position.

SECTION 4. Disclosure Statements. Each such designated employee shall file disclosure statements disclosing reportable investments, business positions, interests in real property, and income, to the

extent required by the Act, and on forms prescribed by the Fair Political Practices Commission and supplied by the City Clerk.

SECTION 5. Place and Time of Filing.

A. All designated employees required to file disclosure statements shall file same with the City Clerk, as Secretary to the Code Reviewing Body.

B. A designated employee required to submit a disclosure statement shall file their initial statement within thirty (30) days after the effective date of this Code disclosing reportable investments, business positions, and interests in real property held on the effective date of the Conflict of Interest Code and income received during the 12- months before the effective date of the Conflict of Interest Code.

C. Individuals hereafter appointed to designated positions shall file his or her initial statement within thirty (30) days after assuming office disclosing reportable investments, business positions, and interests in real property held on, and income received during the twelve (12) months before, the date of assuming office.

D. After the initial filing, each person holding a designated position, shall, on or before the first day of April of each calendar year, file an annual disclosure statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the previous calendar year, or since the date the designated employee took office if during the calendar year. Such annual statements shall cover the period of the preceding calendar year.

E. Every designated employee who leaves office shall file, within thirty (30) days of leaving office, a statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.

F. Any designated employee who resigns their position within twelve (12) months following initial appointment or within thirty (30) days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within thirty (30) says of the date of a notice mailed by the filing officer, the individual shall do both of the following:

1. File a written resignation with the appointing power.

2. File a written statement with the filing officer on a form prescribed by the Commission and signed under the penalty of perjury stating that the individual during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

G. A designated employee required to file a statement of economic interest with any other public agency whose disclosure requirements are comparable hereto, may comply with the provisions of this Code by filing a duplicate copy of the statement filed with such other agency, in lieu of an entirely separate statement.

SECTION 6. Contents of Disclosure Statements. Disclosure statements shall be submitted on forms supplied by the City Clerk, and shall contain the following information:

A. Disclosure of Investment or Interest in Real Property.

1. When an investment or an interest in real property is required to be disclosed the statement shall contain:
a. A statement of the nature of the investment or interest;

b. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
c. The address or other precise location of the real property; d. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), whether it exceeds one hundred thousand dollars ($100,000) but does not exceed one million dollars ($1,000,000), or whether it exceeds one million dollars ($1,000,000);
e. In the case of a statement filed under Government Code Sections 87203 or 87204, if the investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal.
f. For purposes of disclosure, interest in real property does not include the principal residence of the filer or any other property which the filer utilizes exclusively as a personal residence of the filer.

B. Disclosure of Income.

1. When income is required to be reported the statement shall contain, except as provided in Government Code Section 87207(b):
a. The name and address of each source of income aggregating five hundred ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
b. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), whether it wasin excess

of ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000);
c. A description of the consideration, if any, for which the income was received;
d. In the case of a gift, the amount and the date on which the gift was received;
e. In the case of a loan, the annual interest rate and the security, if any, given for the loan, and the term of the loan.

2. When the filer's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain:
a. The name, address, and a general description of the business activity of the business entity;
b. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.

3. When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the paymentsfor the travel, in which case the travel may be reported asincome.

4. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, or as to which he or she is a paid consultant, a

description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. If the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or has done business, or plans to do business in the jurisdiction at any time during the two years prior to the date of the statement, it is required to be filed.

5. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired to disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal;
SECTION 7. Prohibition on Receipt of Honoraria. No member of the City Council or candidate for the office of City Council shall accept any honorarium. No designated employee shall accept any honorarium from any source if the employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. Subdivisions (b) of Government Code Section 89502 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506.

SECTION 8. Prohibition on Receipt of Gifts in Accordance with Government Code Section 89503.

No member of the City Council, candidate for the office of City Council, or designated employee shall accept any gifts with a total value of more than the statutory annual limit in a calendar year from any single source, as adjusted biennially pursuant to Section 89503(f).

SECTION 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the employee or a member of his or her immediate family or on:

A. Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; B. Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more;
C. Any source of income, other than gifts or loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E. Any donor of, or any intermediary or agent for a donor of, a gift or giftsin an aggregate amount of the limit or more as specified in Government Code Section 89503 (as adjusted biennially by State law) provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made.

F. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section.

G. For purposes of this Section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the

employee, the employee’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.

1. Notwithstanding subdivision (c) of Government Code Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to a designated employee who owns a 10-percent or greater interest in the entity if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer is not distinguishable from the amount of income received from its other retail customers.

SECTION 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. This notice shall be forwarded to the Administrative Supervisor, who shall record the employee's disqualification. Upon receipt of such statement, the Administrative Supervisor shall immediately arrange for the matter to be reassigned to another employee.

SECTION 11. Interpretation. In the event of any ambiguity in these rules as to interpretation, construction, or applicability, the Administrative Supervisor shall, by written instrument, clarify such ambiguity. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114, or from the City Attorney, provided that nothing in this section requires the attorney for the City to issue any formal or informal opinion.

SECTION 12. Violation. Violation of any provision of this Code, including: (1) willful failure to file, or timely file, any requisite Disclosure Statement, (2) willful failure to disclose any financial or other

interest required to be disclosed in such Disclosure Statement, or (3) filer's willful failure to disqualify himself or herself as required herein, shall be grounds for discipline or removal from office, pursuant to Government Code Section 91003.5. Upon ascertaining any such violation, the Administrative Supervisor shall report the same to the appointing official for appropriate proceedings. Such violation shall not, however, invalidate or otherwise affect any decision or action to which such violations might relate. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003.

SECTION 13. Effective Date. The City of Porterville Conflict of Interest Code, and any amendments to said Code, shall become effective immediately upon passage and approval by the City Council.

Adopted this day of September, 2024.

CONFLICTSANDDISCLOSUREMONITORAGENCY
Patrice Hildreth, Administrative Supervisor

2024 DESIGNATED EMPLOYEES*
EXHIBIT "A"
A. ADMINISTRATION:

Deputy City Manager
Assistant City Manager
B. DEPARTMENT DIRECTORS:

Administrative Services Director
Community Development Director
Engineering & Project Management Director
Fire Chief
Parks and Leisure Services Director
Police Chief
Public Works Director
Transportation Director
C. DEPARTMENTAL EMPLOYEES AS FOLLOWS:

Community Development Department:

Community Development Manager
Economic Development & Housing Manager
Development Associate
Senior Planner
Associate Planner
Engineering & Project Management Department:

Deputy Engineering & Project Management Director/City Engineer Construction/Project Manager
Project Manager
Chief Building Inspector
Assistant Construction/Project Manager
Project Manager
Building Inspector II
Building Inspector I
Engineering Inspector II
Engineering Inspector I
Public Works Inspector I

Finance Department:

Assistant Finance Director
Information Technology Manager
Accountant II
Accountant I
Administrative Analyst
Fire Department:

Deputy Fire Chief
Battalion Chief
Fire Marshall
Code Enforcement Officer II
Code Enforcement Officer I
Fire Inspector
Parks & Leisure Services Department
Leisure Services Specialist
City Librarian
Parks Superintendent
Police Department:

Assistant Police Chief
Police Captain
Police Lieutenant
Public Works Department:

Deputy Public Works Director/Field Services Manager
Field Services Superintendent – Laboratory
Field Services Superintendent – Shop Maintenance
Field Services Superintendent – Streets
Field Services Superintendent – Refuse
Field Services Superintendent – Water
Field Services Superintendent – WWTF
D. CONSULTANTS: Consultants shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations:

The Administrative Supervisor may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Administrative Supervisor's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

* This designation does not include the following City officials or employees required to report their financial interests pursuant to Article 2 of Chapter 7 of the Act, Government Code Sections 87200, et seq.:
a. City Council Members
b. City Manager
c. City Attorney
d. Finance Director
Item No. 16.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Request for Proclamation - Constitution Week - September 17 - 23, 2024 SOURCE: Administrative Services
COMMENT:

At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

The Alta Mira - National Society Daughters of the American Revolution has requested a proclamation to proclaim September 17th - 23rd, 2024, as "Constitution Week" in Porterville. Mayor Flores is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim September 17th - 23rd, 2024, as "Constitution Week" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Constitution Week - 2024 Appropriated/Funded: N/A
Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager

Item No. 15.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on April 16, 2024, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.

Chronology:

On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.

On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.

On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

Item No. 15.

On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.

On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.

On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.

To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding (MOU) in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, 2023 to May 5, 2023.

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with Item No. 15.
the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.

Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).

On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.

Item No. 15.

On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.

On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.

On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.

On August 4, 2023, Governor Newsom issued Executive Order N-10-23 to streamline levee repairs and debris removal to help local communities recover from flooding and prepare for the next wet season.

At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.

In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, Item No. 15.

July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).

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. Declaration of Local Emergency - March 13, 2023

2. Resolution No. 11-2023

3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023

4. Tule River Banks Mandatory Evacuation Order - March 19, 2023

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

8. Federal Disaster Declaration Fact Sheet - April 3, 2023

9. License to Use State Military Property - April 14, 2023

10. City and County Memorandum of Understanding for
Shelter Support

11. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023

12. License to Use State Military Property - May 16, 2023

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

15. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment

16. Royal Restrooms Invoice: Mobile Shower-Restroom Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and Disaster

22. California Government Code 8558

23. Armory Daily Census
Appropriated/Funded:

Review By:

Department Director:

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

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of 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 these ongoing winter storms.

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, 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. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.

2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph

3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.

4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.

5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.

6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.

The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.

9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.

10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.

I FURTHER DIRECT 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 31st day
of March 2023.
________________________________

GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of 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 these ongoing winter storms.

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, 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. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.

2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:

To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:

The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.

4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.

5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:

In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.

6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:

For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.

7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.

9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:

The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.

The Water Board shall post on its internet website all reports received pursuant to this subparagraph.

10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.

11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.

I FURTHER DIRECT 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 17th day
of May 2023.
_________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of 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 2022- 2023 Winter Storm Events.

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, 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. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.

2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.

4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.

Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.

5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to 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 hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.

Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.

As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.

Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.

Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.

As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS

LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:

Subtotal:

Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.

If you have any questions please call 800-457-3728
or e-mail [email protected].

Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

JESSE PINTOR
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354

CITY OF PORTERVILLE

PAYMENT
DUE
PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67

PHONE PHONE
Notes:

Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06

1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1

AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:

Email:

Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):

Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.

Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.

This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:

1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.

2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.

3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.

4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.

5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.

6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).

7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.

8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.

9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.

10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.

11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.

12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.

13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.

14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.

IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:

By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.) Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38 0 4
Wednesday, January 17, 2024 33 0 4
Thursday, January 18, 2024 33 0 4
Friday, January 19, 2025 33 0 4
Saturday, January 20, 2024 36 0 4
Sunday, January 21, 2024 38 0 4
Monday, January 22, 2024 36 1 4
Tuesday, January 23, 2024 34 1 4
Wednesday, January 24, 2024 32 1 4
Thursday, January 25, 2024 38 1 4
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Item No. 18.

CITY COUNCIL AGENDA – SEPTEMBER 3, 2024
SUBJECT: Consideration of Vesting Tentative Subdivision Map for Westfield Residential Development
SOURCE: Community Development
BACKGROUND: The proposed project consists of a vesting tentative subdivision map for future residential development of APN 246-070-095 on an approximately

2.86-acre parcel on the north side of Jubilee Lane, North of Westfield Avenue. The Porterville 2030 General Plan Land Use Element designates the Project site as Medium Density Residential, and it is currently zoned RM-2 (Medium Density Residential). The development would generally include subdivision of the project site into 14 lots for residential development, construction of interior local streets and necessary onsite infrastructure, and improvements within abutting major street right-ofways.

COMMENT: The City of Porterville received an application for a proposed land division for the Westfield Residential Development Vesting Tentative Map. On November 29, 2023, staff met with the applicant during the Project Review Committee (PRC), where the project assessment (PRC 2023-045) commenced. During the PRC meeting, staff commented on the proposed project outlining the entitlement process and development standards.

ANALYSIS: The proposed vesting tentative subdivision map would provide new residential housing on lots ranging from 6,000± SF to 9,000± SF and is consistent with the Porterville Development Code, Series 400: Land Division regulations. Circulation for the proposed development is provided through the external connection to Jubilee Lane via a planned cul-de-sac, which includes parkway strips, streetlights, and sidewalks with similar improvements to Jubilee Lane adjacent to the project site.

The project’s gross density is 9.8 units per acre, which falls below the maximum of 15.0 units per acre allowed in the Medium Density Residential Land Use designation. The areas to the north and east of the project site are currently developed with single and multi-family residences. Adjacent to the west of the project site is the Porterville Church of God, and to the south is development with Al’s Mini Mart (a commercial use) and a drainage basin designated as a Public and Semi-Public use area. The project’s development pattern is compatible with the area and falls well within the prescribed density mandated by the City’s General Plan.

Item No. 18.

Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires that a lead agency must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The California Native American tribe has 30 days to request consultation pursuant to this section.

The AB 52 Consultation letters were mailed to tribes on May 1, 2024. The consultation period ran from May 1, 2024, to June 1, 2024. No comments were received.

The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within the Porterville Development Code, Series 400: Land Division. Generally, a tentative and final map is required to subdivide land into five or more parcels. Pursuant to both the Map Act and Porterville Development Ordinance, Series 400, tentative maps are valid for twenty-four (24) months following approval, with various mechanisms available to extend the life of the tentative map. The project would be responsible for the dedication and improvements of the abutting major streets, along with payment of specified fair-share costs for other capital improvements, payment of development impact fees as applicable, and installation of a sidewalk on the north side of Jubilee Lane to enhance pedestrian access.

Pursuant to Development Code Section 400.04, the City Council must deny a tentative map if it gives any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans. The tentative map proposes 14 residential lots on

2.86 acres for a density of 9.8 units per acre and therefore is consistent with the General Plan as proposed for amendment.

There is no applicable specific plan.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. The design and improvement of the project are in accordance with the Circulation Element of the General Plan as well as with the development standards contained within the Development Code, which is itself the primary tool for implementation of the General Plan. There is no applicable specific plan.

3. That the site is not physically suitable for the type of development.

The site is generally flat and level, making it physically optimal for the development as proposed.

4. That the site is not physically suitable for the proposed density of development. The site is generally flat and level, making it physically optimal for the development as proposed.

5. That the design of the subdivisions or the proposed improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. An initial Item No. 18.
study was prepared for the project. The project will not result in any significant effects on the environment or on fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. An initial study was prepared for the project. The project will not result in any serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. With the possible exception of easements dedicated for major street right-ofway, which will be further dedicated and improved for the benefit of the public at large, there are no easements for access through or use of the property.

Based on a fair reading of the record, including the initial study (described in further detail below), there is no indication that any of the findings requiring denial of the tentative map can be made.

The proposed land division and subsequent development of the site into a residential subdivision will provide much needed housing in conformance with the City’s General Plan Land Use and Housing Elements, as well as to help meet the City of Porterville’s Regional Housing Needs Allocation quota. Staff and the applicants' agents have worked through the design details to ensure adherence to the City’s General Plan and the Development Code, as well as verify compliance with the California Subdivision Map Act and other applicable codes.

Public notice of this hearing was provided in accordance with Government Code Sections 65090 and 65091 and Development Code Section 609.06.

The procedures prescribed therein are the standard for hearings involving amendments to the General Plan or zoning and for conditional use permits and tentative maps. Additionally, as described in the Background section above, this project was discussed during the Project Review Committee meeting on November 29, 2023. Information regarding PRC is readily available on the City’s website: PRC meetings are held on a regular basis, are agendized, and are accessible to the public.

ENVIRONMENTAL
REVIEW:

During the review of the project, the City contracted Precision Civil Engineering to prepare an initial study (IS) to analyze the potential for environmental effects that could result from the project. Based on the results of technical studies prepared in conjunction with the IS, the Environmental Coordinator made the preliminary determination that the project would not have a significant effect on the environment and that adoption of a CEQA Categorical Exemption under a 15332 In-Fill Development Projects declaration would be appropriate.

RECOMMENDATION: That the City Council:

Item No. 18.
1, Hold a Public Hearing to receive comments on the Westfield Residential Development Project; and

2. Adopt the draft resolution approving the vesting Tentative Subdivision Map with conditions.

ATTACHMENTS: 1. Locator Map

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager