CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
SEPTEMBER 17, 2024, 5:30 PM
Call to Order at 5:30 p.m.
Roll Call: Counci Member Donald iey Cauch, Vie Mayor eme Carlan Mayor Martha A. Flores
ORAL COMMUNICATIONS
None.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 - Liability Claim: Claimant: Javier Hamilton. Agency Claimed Against: City of Porterville.
2 - Government Code Section 54956.95 - Liability Claim: Claimant: Karina Villareal. Agency Claimed Against: City of Porterville. 3 - Government Code Section 54956.95 - Liability Claim: Claimant: Curtis Tillery. Agency Claimed Against: City of Porterville.
4 - Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Pastor Isabel Vela v. Porterville Police Department, Tulare County Superior Court Case No. PCU311765.
5 - 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.
6 - Government Code Section 54956.9(d)(4) - Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation: Three (3) cases. 6:33 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-1, and A-2 as follows:
A-1. On a MOTION made by Council Member Beltran, and SECONDED by Mayor Flores the City Council unanimously rejected the claim filed by Javier Hamilton.
Documentation: M.O. 01-091724
Disposition: Claim rejected.
A-2. On a MOTION made by Council Member Weyhrauch, and SECONDED by Vice Mayor Carrillo the City Council unanimously rejected the claim filed by Karina Villareal.
Documentation: M.O. 02-091724
Disposition: Claim rejected.
The Pledge of Allegiance was led by Council Member Weyhrauch.
Invocation - a moment of silence was observed.
PRESENTATIONS
2025 CDBG Con Plan and Al
ORAL COMMUNICATIONS
• Felipe Martinez, Porterville, presented the council with photos of a banner that the Porterville Exchange Club would like to donate to the City for the Veterans Parade. • Cathy Capone, Porterville, highlighted the Tule River Parkway gardens, emphasizing the opportunity for individuals to adopt plants.
• Yolanda Aguillon, Porterville, is concerned about the programs and services provided for the homeless and spoke of her concerns about activities at the Armory. • Josh Flowers, Strathmore, asserts that the city is not facing a water crisis, but rather a water management crisis; and briefly commented on the application process for the City Manager position.
• Rafaela Woods, Porterville, expressed her support that the current city council should have the authority to determine the future City Manager. • Alexis Espinoza, Porterville, spoke in support of Item No. 9, 17, and 20. • Carly Ladrigna, Porterville Chamber of Commerce, provided the Council with updates from the Porterville Chamber of Commerce.
REPORTS
City Commission and Committee Meetings
1. Parks & Leisure Services Commission - September 5, 2024 Commissioner Cathy Capone presented a update encompassing current and upcoming events, including the Porterville Corporate Games, Youth Adult Sports, Movie in the Park, and Pioneer Days.
2. Library & Literacy Commission - September 10, 2024
3. Arts Commission - September 10, 2024
4. Animal Control Commission
5. Youth Commission - September 11, 2024
6. Transactions and Use Tax Oversight Committee (TUTOC) - August 27, 2024
Staff Informational Reports
1. WATER CONSERVATION PHASE III STATUS UPDATE - AUGUST 2024
CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.
COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Raymond Beltran that the City Council approve Items Nos. 1-17. The motion carried unanimously.
1. APPROVAL OF DRAFT MINUTES OF SEPTEMBER 3, 2024
Recommendation: That the Council approve the draft Minutes of September 3, 2024.
Documentation: M.O. 03-091724
Disposition: Approved.
AUTHORIZATION TO PURCHASE ROUTEWARE WASTE
COLLECTION EQUIPMENT IN-CAB TECHNOLOGY AND BILLING
SYSTEMS
Recommendation: That the City Council:
1. Approve the purchase of in-cab technology and billing system for the Refuse Division at an initial cost of $192,514.32, including a 10% contingency, and a monthly subscription fee of $15,090.00;
2. Authorize the City Manager to enter into a contract for a three- year term with an automatic renewal clause for successive one- year terms, with the option for the City to opt out by providing written notice 30 days prior to renewal;
3. Approve the procurement of the in-cab technology system through a cooperative purchasing program, as authorized by California Government Code § 6502 and City of Porterville Resolution No. 35-93; and
4. Authorize the Finance Director to make any necessary budget amendments or transfers to effectuate this purchase.
Documentation: M.O. 04-091724
Disposition: Approved.
3. AUTHORIZATION TO PURCHASE SIDELOADER ELEVATOR
Recommendation: That the City Council:
1. Authorize the purchase of the sideloader elevator and components from One Source Parts at a cost not to exceed
$10,394.56 (inclusive of all parts, taxes, freight, and a 10% contingency); and
2. Authorize payment upon receipt of parts.
Documentation: M.O. 05-091724
Disposition: Approved.
4. RENEWAL OF PUBLIC SAFETY DELL SERVER WARRANTIES
Recommendation: That the City Council authorize the purchase of two Dell ProSupport 4-Hour 7x24 Onsite Service warranties for $6,634.12, plus applicable sales tax.
Documentation: M.O. 06-091724
Disposition: Approved.
AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS -
PURCHASE OF TRUCK FOR ENCAMPMENT ABATEMENT
ACTIVITIES
Recommendation: That the City Council authorize staff to distribute Request for Proposals for the purchase of a truck for the encampment abatement activities associated with enforcement of Ordinance 1905 to regulate unsafe camping.
Documentation: M.O. 07-091724
Disposition: Approved.
AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS
(RFP) FOR ARCHITECTURAL AND ENGINEERING DESIGN AND
SUPPORT SERVICES FOR A ZERO-EMISSION MAINTENANCE
FACILITY
Recommendation: That the City Council:
1. Approve the draft Request for Proposals;
2. Authorize the distribution of a Request for Proposals (RFP) to provide Architectural and Engineering Design and Support Services for a Zero-Emission Maintenance Facility, including the preparation of all required environmental documents such as CEQA and NEPA; and
3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability tr perform the project in an acceptable manner and is mos
advantageous to the City.
Documentation: M.O. 08-091724
Disposition: Approved.
7. AUTHORIZATION TO ADVERTISE FOR BIDS - FOUNDATION AND
DRAINAGE SYSTEM PROJECT FOR FUTURE DRAEGER PROP
INSTALLATION
Recommendation: That the City Council:
1. Approve staffs recommended Plans and Project Manual;
2. Authorize staff to advertise for bids on the project; and
3. Authorize the City Engineer to negotiate materials testing services with one of the on-call firms as approved by Council MO#09-081523.
Documentation: M.O. 09-091724
Disposition: Approved.
AUTHORIZATION TO AWARD CONTRACT - EMERGENCY BOARD-
UP SERVICES
Recommendation: That the City Council award emergency board-up services contracts Documentation: M.O. 10-091724
Disposition: Approved.
9. ACCEPTANCE OF PROJECT - ANIMAL SHELTER PROJECT
Recommendation: That the City Council:
1. Accept the project as complete; and
2. Authorize the filing of the Notice of Completion by the City Clerk.
Documentation: M.O. 11-091724
Disposition: Approved.
10. ACCEPTANCE OF PROJECT - HAYES FIELD LIGHTING PROJECT Recommendation: That City Council:
1. Accept the project as complete;
2. Authorize the filing of the Notice of Completion by the City Clerk; and
3. Authorize the remaining $64,747.23 in General Fund Capital Construction/Improvement Designated Funds be earmarked for
needed improvements to the storm drain connections in and around Hayes Field.
Documentation: M.O. 12-091724
Disposition: Approved.
11. APPROVAL OF AGREEMENT BETWEEN THE CITY OF PORTERVILLE
AND TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY
Recommendation: That the City Council authorize the Mayor, or designee, to sign the Agreement with Tulare County Health and Human Services
Agency.
Documentation: M.O. 13-091724
Disposition: Approved.
12. APPROVAL OF MEASURE R PROGRAM SUPPLEMENT TO
COOPERATIVE AGREEMENT - SANTA FE BYWAY
Recommendation: That the City Council:
1. Approve the attached draft Resolution in support of the Program Supplement to the Cooperative Agreement;
2. Authorize the Mayor and City Clerk to execute the Program Supplement, and
3. Authorize staff to forward the executed Program Supplement to TCAG for approval.
Documentation: Resolution No. 68-2024
Disposition: Approved.
13. APPROVAL OF AGREEMENT WITH ENTERPRISE RENT-A-CAR
COMPANY OF SACRAMENTO, LLC FOR RIDESHARE SERVICES
Recommendation: That the City Council approve an Agreement between Enterprise Rent-A-Car Company of Sacramento, LLC and the City of Porterville for ridesharing services.
Documentation: M.O. 14-091724
Disposition: Approved.
14. REQUEST FOR AUTHORIZATION TO EXTEND THE ZERO-FARE
PROGRAM FOR PUBLIC TRANSPORTATION SERVICES
Recommendation: That the City Council:
1. Approve the extension of the Zero-Fare Program for an additional 90 days, effective September 30, 2024, and ending December 31, 2024;
2. Authorize staff to make necessary adjustments and communicate the program extension details to the public, an
3. Direct staff to monitor the program's ongoing impact and provide an updated report to the City Council at the end of the extended Documentation: M.O. 15-091724
Disposition: Approved.
15. APPROVAL OF COMMUNITY CIVIC EVENT - WORD OF VICTOR' CHURCH - COMMUNITY OUTREACH - SEPTEMBER 28, 202
Recommendation: That the City Council approve the Community Civic Event application from Word of Victory Church, to hold the Community Outreach event on September 28, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.
Documentation: M.O. 16-091724
Disposition: Approved.
16. CONFLICT OF INTEREST CODE AMENDMENT
Recommendation: That the City Council adopt the draft Resolution approving the amended City of Porterville Conflict of Interest Code for 2024.
Documentation: Resolution No. 69-2024
Disposition: Approved.
17. APPOINTMENT IN-LIEU OF ELECTION FOR DISTRICT 5 - CITY Recommendation: That the City Council appoint in-lieu of election Mr. Stan Green to the seat of the Office City Council Member representing District 5.
Documentation: Resolution No. 70-2024
Disposition: Approved.
STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD
EMERGENCY R
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. 17-091724
Disposition: Approved.
PUBLIC HEARINGS
19. PUBLIC HEARING ON THE PUBLIC HEALTH & SAFETY ELEMENT
UPDATE AND ADOPTION OF THE ENVIRONMENTAL JUSTICE
ELEMENT FOR THE PORTERVILLE 2030 GENERAL PLAN
Recommendation:
1. Hold a public hearing to receive comments on the Public Health Safety Element Update and adoption of the Environmental Justice Element for the Porterville 2030 General Plan; and
2. Adopt the Draft Resolution, amending the General Plan to reflect the Public Health and Safety Element Update and adopt the new Environmental Justice Element as part of the Porterville 2030 General Plan.
City Manager Hildreth introduced the item and Community Development Director Claudia Calderon presented the staff report.
Mayor Flores opened the Public Hearing at 7:32 p.m.
• Cathy Capone, Porterville, believes that the council should consider extending the time to receive public input.
Mayor Flores closed the Public Heating at 7:33 p.m. when no one else came forward to speak.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Vice Mayor Kellie Carrillo that the City Council adopt the draft resolution amending the General Plan to reflect the Public Health and Safety Element update and adopt the new Environmental Justice Element as part of the Porterville 2030 General Plan. The motion carried Documentation: Resolution No. 71-2024
Disposition: Approved.
SCHEDULED MATTERS
20. APPROVAL OF COAR DESIGN GROUP'S RECOMMENDATION FOR
EMERGENCY OPERATIONS CENTER & • PUBLIC SAFETY
HEADQUARTERS LOCATION
Recommendation: That the City Council:
1. Approve COAR Design Group's recommended location for the Emergency Operations Center & Public Safety Headquarters as Centennial Plaza; and
2. Direct staff to negotiate a design contract with COAR Design Group for step two of the design process for the approved location.
City Manager Hildreth introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.
COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Vice Mayor Kellie Carrillo that the City Council approved COAR Design Group's recommended location for the Emergency Operations Center & Public Safety Headquarters as Centennial Plaza; and directed staff to negotiate a design contract with COAR Design Group for step two of the design process for the approved location.
The motion carried unanimously.
Documentation: M.O. 18-091724
Disposition: Approved.
AB 1234 REPORTS
1. Local Initiatives Navigation Center (L.I.N.C.) - September 4, 2024 Council Member Beltran provided updates on several items of interest such as a welcoming introduction, the approval of the Minutes, a budget report, a report on the Navigation Center, and several upcoming events.
2. Eastern Tule Groundwater Sustainability Agency- September 5, 2024 Council Member Weyhrauch indicated his intention to defer this report to the subsequent meeting.
3. Tulare County Association of Governments (TCAG) - September 16, 2024 Mayor Flores reported that the meeting proceeded quickly, with minimal action items on the agenda.
ORAL COMMUNICATIONS
None.
OTHER MATTERS
• Council member Beltran spoke of an upcoming Police Department Promotion Ceremony, spoke of items on the Consent Calendar, and stated the activity surrounding the Armory will be looked into.
• Council Member Weyhrauch addressed the provision of mutual aid by firefighters, public concerns regarding speeding near several schools, expressed gratitude to the consultants for providing valuable information to the city, and commended the Parks and Leisure Commission for their reports.
• Council Member Meister expressed gratitude to Felipe Martinez for presenting the Banner rendition for the Veterans Parade. Additionally, Council Member Meister addressed public feedback on the City Manager selection process, discussed Porterville Police Department Facebook posts concerning school-related safety concerns, and referenced a letter written by him, to the Huntington Beach Mayor. • Vice Mayor Carrillo expressed appreciation to Council Member Beltran for his active involvement in the LINC events and updates. Additionally, Vice Mayor Carrillo emphasized the considerable efforts dedicated to succession planning for the future City Manager position and emphasized the importance of not obstructing the progress achieved thus far.
• Mayor Flores expressed gratitude to the staff for their longstanding dedication to the city and acknowledged her participation in an event hosted by the Comision Honorifica Mexicana Americana.
• City Manager Patrice discussed the upcoming badge pinning ceremony, a Porterville Area Development Authority meeting scheduled for Friday, and a Special City Council Meetina the following week.
CLOSED SESSION
None.
ADJOURNMENT
The Council adjourned at 8:15 p.m. to a Special City Council Meeting of September 24, 2024, at 5:00 p.m.
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Maine a tres
Martha A. Flores, Mayor