Porterville City Council
November 5, 2024

City Council Agenda November 5, 2024

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

PORTERVILLE, CALIFORNIA
NOVEMBER 5, 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 – Amended City Council Meeting of November 05, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/88482153244?pwd=izjf7vTEVCbUbDgvbzzEP5EW2wZNj8.1 Or via Telephone: 1-669-900-6833 Webinar ID: 884 8215 3244 Passcode: 882438 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: 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: Porterville Municipal Airport, Lot 9. Agency Negotiator:

Julia Lew. Negotiating Parties: City of Porterville and Arrow Falcon Industries. Under Negotiation: Terms and Price.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Khamphouk Inthavong. 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.

City Council Agenda November 5, 2024

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)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913.

7 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Five (5) cases in which facts are not yet known to potential plaintiffs.
8 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 9 - Government Code Section 54957 - Public Employment: City Manager. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Weyhrauch.

Invocation

PRESENTATIONS
Employee of the Month - Dratin Wood
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. Charitable Car Washes Quarterly Report Calendar Year 2024

2. Code Enforcement Quarterly Report Fiscal Year 2024-2025 (July - September 2024)

3. City Council Member Appointments Attendance Quarterly Report FY 2024- 2025 (July - September 2024)
City Council Agenda November 5, 2024

4. City Commission and Committee Attendance Quarterly Report FY 2024-2025 (July - September 2024)

5. Building Permit Activity Quarterly Report FY 2024-2025 (July - September 2024)

6. Golf Course Quarterly Report Fiscal Year 2024-2025 (July - September 2024)

7. Street Performance Measure Quarterly Report FY 2024-2025 (July - September 2024)

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 October 15, 2024
Re: Considering approval of the City Council draft Minutes of October 15, 2024.

2. Approval of Repairs to Fire Engine
Re: Consideration to approve the payment of $11,531.11 to Burton's Fire, Inc., for repairs to a Porterville Fire Department Fire Engine.

3. Authorization to Upfit Police Vehicle
Re: Consideration to authorize the payment of $17,272.73 to Cook's Communication for the installation of emergency and safety equipment for a police vehicle.

4. Authorization to Purchase Vehicle to Support Encampment Abatement Re: Council to authorize the purchase of an Encampment Truck for encampment activities from American Chevrolet for $48,772.72 using ARPA funds.

5. Authorization to Purchase Sideloader Gripper Assembly Re: Consideration to authorize the purchase of a lower gripper assembly for a residential side loader from One Source Parts at a cost not to exceed $7,854.

6. Authorization to Purchase an Auto Theft Investigation Vehicle Re: Council to authorize staff to negotiate the purchase of an Auto Theft Investigation Vehicle up to a cost of $50,000, with a 10% contingency.

7. Authorization to Purchase Veterans Day Run Participant Shirts Re: Consideration to approve the purchase of Veterans Day Run race shirts from Axiom Graphics at a cost of $11.20 per unit, for participants of the 5K run, 5K walk, and 10K run starting at 7:30 A.M. before the Veterans Day Parade on November 11, 2024.

8. Authorization to Purchase Technology Equipment for the Council Chambers Re: Consideration to authorize the purchase of equipment to support technology upgrades in the City Hall Council Chambers, from GovConnection, Inc. at a total cost of $13,931.19.

9. Authorization to Distribute Request for Proposals - Impact and Connection Fee Nexus Study
City Council Agenda November 5, 2024

Re: Considering authorizing staff to distribute an RFP for an Impact and Connection Fee Nexus Study to assist the city in assessing various development impact and connection fees on new development and redevelopment.

10. Reimbursement for Master Plan Improvements (Adult Day Healthcare Center located at 262 N Second St)
Re: Consideration to authorize reimbursement to Golden Valley Pipeline in a total amount not to exceed $80,000 for the installation of a new eight-inch water line on Second Street between Putnam Avenue and Cleveland Avenue.

11. Intent to Set a Public Hearing - Parks Impact Fees
Re: Considering approval to schedule a Public Hearing on January 21, 2025, to consider the implementation of the City of Porterville's Parks Impact Fees

12. City Easement Conveyance to Southern California Edison (SCE) Company - Well No. 34
Re: Consideration to accept SCE's request to extend electrical service and related facilities down Redondo Street to the Well No. 34 site and to grant an easement to SCE for APN: 240-050-005.

13. Authorization to Execute Agreement - Navigation Center Expansion Project Re: Approving a project contract for the Navigation Center Expansion Project with TMJ Construction, Inc of Bakersfield (as a "Joint Venture" with Andrew Goodwin Design) in the amount of $2,459,994.

14. Authorization to Execute Consultant Agreement - Emergency Operations Center & Public Safety Headquarters Design
Re: Consider authorization to execute the Consultant Service Agreement for the design of the Emergency Operations Center & Public Safety Headquarters Project located at Centennial Plaza, with COAR Design Group in the amount of $1,172,500.

15. Renewal of Airport Lease - Sewer Operating Fund
Re: Consideration of the renewal of the Lease Agreement between the Sewer Operating Fund and the Airport Enterprise Fund effective January 1, 2025, at an annual lease payment of $30,515.07 related to sixteen (16) acres of sludge drying beds and 160 acres for the discharge of treated wastewater on Municipal Airport property.

16. Renewal of Airport Lease - Sports Complex Parking
Re: Consideration of the renewal of the Lease Agreement between the City of Porterville and the Airport Enterprise Fund effective January 1, 2025, at an annual lease payment of $7,340.41, for the lease of 35.23 acres of airport land used for vehicle parking for the Sports Complex.

17. Consideration of Approval for Renewal of Buxton Retail Recruitment Software Re: Consideration to approve the annual fee of $36,750 for Buxton retail recruitment software services through October 11, 2025.

18. Consideration of Approval of Side Letter Agreement for the Management Confidential Series
City Council Agenda November 5, 2024

Re: Considering approval of a side letter agreement amending the Employee Pay and Benefit Plan for Management & Confidential Series employees to comply with upcoming changes to the Fair Labor Standards Act concerning overtime pay.

19. Financial Status Reports
Re: Consideration to accept the Financial Status Reports.

20. Quarterly Investment Portfolio
Re: Consideration to accept the Quarterly Investment Portfolio Summary Report.

21. Request for Donation of Surplus Fire Hose to US & Mexico Firefighters United Foundation
Re: Consider the donation of surplus fire hoses and nozzles, to the US & Mexico Firefighters United Foundation.

22. Approval of Community Civic Event - Porterville Kiwanis - Holiday Vendor Market - December 1, 2024
Re: Consideration to approve the Community Civic Event application submitted by Porterville Kiwanis Club to hold the Holiday Vendor Market on Sunday, December 1, 2024, at Veterans Park, from 10:00 AM to 5:00 PM.

23. Consideration of Rescheduling the Community Civic Event - Mother's United Against Gang Violence "United by Kindness"
Re: Consideration of Rescheduling the Community Civic Event - Mother's United Against Gang Violence "United by Kindness" to Saturday, November 9, 2024.

24. Request for Street Closure: 30th Annual Myers Christmas Memorial Tree Lighting - December 10, 2024
Re: Approval of annual event to be held on Tuesday, December 10, 2024, from 5:00 p.m. to 9:00 p.m. at 248 North "E" Street.

25. 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 relative to flood event.

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

PUBLIC HEARINGS

26. Considering Establishment of Fees Associated with the Main Street Banner Program
Re: Receiving public comment on the proposed Main Street over-the-street banner fees; and considering the adoption of a draft resolution approving the new Main Street over-the-street application permit processing fees.

27. Consideration of Amendment to Series 200 of the Porterville Development Ordinance for Family HealthCare Network
Re: Receive public comment; and consider a draft ordinance amending Series 200 of the Porterville Development Ordinance regarding off-site parking in Residential Zone Districts.

City Council Agenda November 5, 2024

SCHEDULED MATTERS

28. Authorization to Adopt the Parks Master Plan
Re: Consideration to approve and adopt the draft resolution authorizing the adoption of the Parks Master Plan.

29. Consideration of Sponsorship of 2024 Tule River Tribe Powwow Scheduled for November 7-11, 2024
Re: Consideration of sponsorship of the 2024 Tule River Tribe Powwow, scheduled for November 7-11, 2024, at the Eagle Mountain Casino Event Center at 1850 West Street.

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

1. Tulare County Taskforce on Homelessness - October 16, 2024

2. Tulare County Association of Governments (TCAG) - October 21, 2024

3. Tulare County Economic Development Corporation (TCEDC) - October 23, 2024

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of November 19, 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 – NOVEMBER 5, 2024
SUBJECT: 1. Charitable Car Washes Quarterly Report Calendar Year 2024 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-30 of the City Code allows up to four car washes by a charitable organization in a calendar year. For the period of January 1 to September 30, 2024, the following car washes occurred within the city.

Date Name of Organization Location of Car Wash
3/30/24 Granite Hills High School Cheerleading Granite Hills High School - 1701 E. Putnam Ave.
5/11/24 PHS Academy of Health & Sciences Porterville High School - 465 W. Olive Ave.
6/29/24 Victory Outreach Porterville State Farm Insurance - 1331 W. Olive Ave.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Municipal Code Chapter 15 Article VI. Charitable Car Wash Permit Procedure (2)
Appropriated/Funded:

Review By:

Department Director:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The name and address of the permit holder;

2. The date for which the permit is valid;

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

4. A permit number; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: 2. Code Enforcement Quarterly Report Fiscal Year 2024-2025 (July - September 2024)
SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between July 1, 2024, through September 30, 2024. During the 1st quarter of fiscal year 2024/2025, each department of the City contributed towards recording 1028 code enforcement issues. Of these, 753 were corrected and 275 were continued into the 2nd quarter of 2024/2025 for additional corrective action. The Code Enforcement Division issued 97 Administrative Citations.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Code Enforcement FY 24-25 Q1
Appropriated/Funded:

Review By:

Department Director:

Shannon Skiles, Deputy Fire Chief
Final Approver: Patrice Hildreth, City Manager
Code Enforcement Report, Quarter 1, FY 24-25
Q1 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 67 30 44.78% $100 42 0 0 0 $4,200 Animals- agricultural animals 1 0 0.00% $200 1 0 0 0 $200 Animals- barking dogs 12 5 41.67% $500 11 0 0 0 $5,500
Animals- keeping too many or unauthorized species 5 0 0.00% $1,000 18 0 0 0 $18,000 Animals- kept for commercial purposes 3 1 33.33% $2,500 25 0 0 0 $62,500 Animals- roosters 1 0 0.00% FY 24-25 Total Assesment 97 0 0 0 $90,400 Building Department/ Permits 14 1 7.14%
CEO, Building permit check 1 1 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Business License 5 3 60.00% Collected 173 0 0 0 173 CEO, Shopping Carts 113 113 100.00% Disposed (Lbs.) 0 0 0 0 0 CEO, Sign Removal 136 136 100.00%
Code Enforcement, General 86 65 75.58% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Community Development, General or MULTIPLE violations 6 0 0.00% Voluntary Abatement 47 0 0 0 47 Engineering 12 3 25.00% Certified Voluntary Abatement 0 0 0 0 0 Fences and freestanding walls 3 1 33.33% Towed 7 0 0 0 7 Fire Hazard 3 3 100.00% Total Vehicles Abated 54 0 0 0 54 Fire Information, Reporting of 1 1 100.00%
Fireworks 3 0 0.00%
Garbage Collection/Illegal Dumping 18 3 16.67% Weed Abatement Q1 Q2 Q3 Q4 Total Graffiti 13 11 84.62% Properties Noticed 78 0 0 0 0
Health Hazard 9 1 11.11% Completed by Owner 53 0 0 0 53 Homeless Encampments 116 93 80.17% Assigned to Contractor (private) 3 0 0 0 3 Housing Issue (Structure Related) 4 0 0.00% Assigned to Contractor (city owned) 0 0 0 0 0 Itinerant Vendor, Solicitor, Peddler 2 2 100.00% Completed by Contractor 3 0 0 0 3 Landscaping/trees- private property 19 5 26.32% Admin Citations 42 0 0 0 42 Meter Request 75 74 98.67%
Neglected property/trash & debris 10 6 60.00%
Noise Complaint 2 0 0.00%
Outdoor Storage 6 1 16.67%
Parking Issue 1 0 0.00%
Parks 12 8 66.67%
Police/ Traffic Enforcement 54 26 48.15%
Potholes 24 22 91.67%
Refuse Can Replacement / Repair 18 4 22.22%
Report Leak 36 36 100.00%
Sheds or second units 1 0 0.00%
Sidewalk Condition 7 1 14.29%
Signs- In Public Right of Way 2 1 50.00%
Signs- Maintenance Issues 2 1 50.00%
Code Enforcement Report, Quarter 1, FY 24-25
Signs- Temporary 12 0 0.00%
Stop Light Issue 11 9 81.82%
Storm Water 1 1 100.00%
Street Light Issue 3 2 66.67%
Street Sweeping 5 4 80.00%
Vehicles- inoperable vehicles 18 13 72.22%
Vehicles- Parked on lawn 2 1 50.00%
Vehicles- RVs/boats/etc 24 22 91.67%
Water Waste 12 11 91.67%
Water Waste NOV 1 1 100.00%
Weed Abatement 32 28 87.50%
Yard Sales, Frequent 4 3 75.00%
Q1 Total 1028 753 73.25%
CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: 3. City Council Member Appointments Attendance Quarterly Report FY 2024-2025 (July - September 2024)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members are appointed. This report represents attendance at meetings during the first quarter of FY 2024-2025 (July through September 2025).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. 1st Qtr 24-25
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Committee/Board Member/Alternate July August September
Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Greg Meister - Member
Ad Hoc Committee - General Plan Don Weyhrauch - Member
Kellie Carrillo - Member
Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member Regulation of Marijuana Raymond Beltran - Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 8/15/24 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member
Greg Meister - Member
Eastern Tule Groundwater Don Weyhrauch - Member 8/29/24 P 9/5/24 P Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 8/1/24 P Internal City Audit Committee Martha Flores - Member 8/28/24 C Kellie Carrillo - Member
Joint City/School District Committee Kellie Carrillo - Member Greg Meister - Member
Raymond Beltran - Member 7/10/24 P 8/7/24 P 9/4/24 P
Claudia Calderon -Alternate
Patrice Hildreth - Alternate
Mighty190 Committee Kellie Carrillo - Member 9/25/24 C
Greg Meister - Member
Don Weyhrauch - Member 8/16/24 C
Raymond Beltran - Member
PDC Advisory Board Patrice Hildreth - Member
City Council Attendance - FY 2024-2025 First Quarter Report July 1, 2024 through September 30, 2024
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee (LINC)
Mayor - Alternate
San Joaquin Valley Special City Selection Don Weyhrauch - Member Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Martha Flores - Member 7/15/24 A 8/19/24 P
Greg Meister - Alternate
Martha Flores - Member 9/16/24 P
Tulare County City Selection Mayor - City Member
Committee Designee - Alternate
Martha Flores - Member 7/24/24 P 8/28/24 A 9/25/24 P
Patrice Hildreth - Alternate
Tulare County Local Agency Martha Flores - Member
Formation Commission ("LAFCO")
Don Weyhrauch - Member 7/15/24 A
Raymond Beltran - Alternate
Tulare County Taskforce on Homelessness Martha Flores - Member 7/17/24 P 8/21/24 P 9/18/24 P Jason Ridenour - Alternate
Claudia Calderon - Alternate
Tule River Improvement JPA Don Weyhraruch - Member
Michael Knight - Alternate
P = Present A = Absent C= Cancelled
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare County
Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
Item No.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: 4. City Commission and Committee Attendance Quarterly Report FY 2024-2025 (July - September 2024)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the first quarter FY 2024-2025 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions & Use Tax Oversight Committee
• CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Commission

4. Parks and Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

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

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
Animal Control Commission As of September 30, 2024
Attendance Records
2023 2023 2024 2024 2024 2024 2024
13-Jul 12-Oct 11-Jan 11-Apr 11-Jul Notes:

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

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

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

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

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

No meetings held due to COVID.

Arts Commission As of September 30, 2024
Attendance Records
2023 2023 2024 2024 2024 2024 2024 2024
25-Jul 24-Oct 23-Jan 19-Apr 23-Apr 23-Jul 10-Sep
Kyree Perkins * * P P P * P
Emily Luna * * P P P * P
Maria Menga * * A A A * A
Dawn Bennett Vacated seat 7/23
Emilie Dummar * P P P * P
Bonnie Boyd P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling.

LIBRARY & LITERACY COMMISSION - Attendance Record As of September 30, 2024 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2024 2024 2024 2024 2024 2024 2024 2024 2024 2025
Apr May June July Aug Sept Oct Nov Dec Jan

P P P P

P P P P

P T P P

A P P E

P A A P

P P P P

P P P P
*Attended via Zoom as non-voting member.
2023 2023 2023 2023 2023 2023 2023 2024 2024 2024
June July Aug Sept Oct Nov Dec Jan Feb Mar

P P P P P P P
E Resigned 9/23

P P P P P P P

P P P P P P P

E P P P E E A

P P P P P P P

P P P P P P P

P P P P P
*Attended via Zoom as non-voting member.
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May

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

P P P P P P P P P P

P P P P P P P P P P

P P P P P P P A A P

P P P P P A A P

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

P P P P P P P P

P P P P P P P P

P P P P P P P P

P E P E P P P P

P P P P P P P P

P P P E P P P P
P

P P P P P E P
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
P E P P P P ** P
P P P P P P ** P
P P P P P P ** P
P E P P P P ** P
P P P P P P ** P
P P P P P E ** P
P P P P P P ** E
Fernando Serrano
Sonya Lopez
Irene Ortega
Kim Baumgardner
Esther Figueroa
Edith LaVonne
Susan Uptain
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Irene Ortega
Leslie Pelon
Patience Christenson
Kim Baumgardner
Susan Uptain
Catherine May
Esther Figueroa
Edith La Vonne
PARKS & LEISURE SERVICES COMMISSION As of September 30, 2024

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2024 2024 2024 2024 2024 2024 2025 2025 2025 2025 2025 2025 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Cathy Capone ** ** P
Diane Graybehl ** ** P
Kieran Daly ** ** P
** ** P
** ** P
Blaine Smotherman ** ** P
** ** P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2023 2023 2023 2023 2023 2023 2024 2024 2024 2024 2024 2024 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P E A E
Diane Graybehl ** ** P P P P P P E P P **
Kieran Daly ** ** P E P E P P P P P **
** ** P P P P E P P P P **
** ** P A
** ** P P P P E P P A P **
** ** P P P P P P P P P Res.

Blaine Smotherman P P P P **
** ** A P P P P P P P P **
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

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

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

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

Resigned
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Term Expired 10/18
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy P = Present; E = Excused Absence; A = Absent; T = Tardy P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Jason Gurrola
Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Transactions and Use Tax Oversight Committee As of September 30, 2024 Attendance Records
2024 2024
28-May 27-Aug
Margaret Stinson P P Apptd 05/21;Term exp 5/2028
John Billiou P P Term expires 5/2026
Jerry Hall P P Term expires 5/2026
Janice Kovars P Term ended
Shawn Byars P P Term expires 5/2026
Joshua Sulier A Term ended
Angela Dennis A Term ended
Rae Dean Strawn A P Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. P P Apptd 05/21; Term exp 5/2028
* Meeting cancelled
2022 2022 2023 2023 2023 2023 2024
25-Aug 17-Nov 16-Feb 25-May 24-Aug 28-Nov 27-Feb
John Simonich P P A P P A P Resigned eff. 02/28/2024
Margaret Stinson P P P P P A P Term expires 5/2024
John Billiou P P A P P P A Term expires 5/2026
Jerry Hall P P P P P P P Term expires 5/2026
Janice Kovars P P P P P A P Term expires 5/2024
Shawn Byars P A P A P P P Term expires 5/2026
Joshua Sulier A P P P P P A Term expires 5/2024
Angela Dennis P A P A A P P Apptd 12/20; Term exp 5/2024 Rae Dean Strawn P P A P A P P Apptd 07/19; Term exp 5/2026 Robert K. Falls Sr. A P P P P A P Apptd 07/19; Term exp 5/2024 * Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A *
Margaret Stinson P P P A P P *
Russell "Buck" Fletcher P P P P P P *
John Angell A A A P P P *
Mike Boudreaux Sr. A P P P P A *
Virginia Gurrola P P P A
John Billiou P P A P P P *
Jerry Hall P P P P P P *
Janice Kovars P P P P P P *
Shawn Byars P P P P P P *
Joshua Sulier P *
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of September 30, 2024 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/18/2024
Pat Contreras A
Linda Mendez P
Eriselda Lizarraga P
Isabel Olmos P
Rebecca Contreras A
Yalimar Garcia A
Jacqueline Verduzco Alanis P
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 2/29/2024 Pat Contreras P P P P P
Linda Mendez P P P A P
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A A
Isabel Olmos P P P
Rebecca Contreras P P P
Yalimar Garcia P P
Jacqueline Verduzco Alanis P P
* No meeting was held due to COVID.

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

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: 5. Building Permit Activity Quarterly Report FY 2024-2025 (July - September 2024)
SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of July, August, and September 2024. The two main categories include new residential permits issued and new commercial permits issued.

First Quarter of FY 2024-2025 compared to First Quarter of FY 2023- 2024
New residential permits issued during the first quarter of FY 2024-2025 (46) are up 228.57% from the first quarter of FY 2023-2024 (14). New commercial permits issued during the first quarter of 2024-2025 (1) show no change from the first quarter of 2023-2024 (1).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - July 2024

2. Building Permit Activity - August 2024

3. Building Permit Activity - September 2024
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: 6. Golf Course Quarterly Report Fiscal Year 2024-2025 (July - September 2024)
SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes. The report reflects the 1st quarter of FY 2024/25.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Golf Course Quarterly Report (July - September 2024) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
Jul-24 Jul-23 Aug-24 Aug-23 Sep-24 Sep-23
Golfers 935 1951 1063 2039 1653 1766
Repeat 9/Twilight 338 690 343 697 605 614
Tickets Used 386 772 460 849 647 795
Passes Sold 29 42 41 51 33 53
Carts 419 821 482 829 692 793
Total $ 13,053.00 $ 25,055.00 $ 15,065.00 $ 25,723.00 $20,770.00 $22,888.00 * Repeat 9: Additional 9 hole rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole Prolonged excessive heat was a contributing factor to the decrease in play.

PORTERVILLE GOLF COURSE STATISTICS
CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: 7. Street Performance Measure Quarterly Report FY 2024-2025 (July - September 2024)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, microsurfacing, and pothole repair efforts for the first quarter of FY 2024-2025 (July - September 2024). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street overlay, street repairs, and pothole repair efforts during this first quarter reporting period. The Villa Street Reconstruction Project (Olive Avenue to Henderson Avenue) is currently under construction. The Main Street Reconstruction Project, Phase 2A (Putnam Avenue to Garden Avenue) has been awarded. The Villa Street Reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue Rehabilitation (Westwood Street to Patsy Street), Union Avenue Reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) Reconstruction, Montgomery Avenue Reconstruction (Jaye Street to H Street), West Street Extension Improvements Project, and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are all under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2024-2025 Level of Service Progress Report 1st quarter
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
2024/2025 Level of Service Report 1st QUARTER REPORT - July 1, 2024 - September 30, 2024 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 24/25: 42,556 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 24/25: 10,348 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 09/30/2024
1st QUARTER REPORT - July 1, 2024 - September 30, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2024-2025\2024-2025 Level of Service Progress Report 1st quarter.xls Item No. 1.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Approval of Draft Minutes of October 15, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of October 15, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of October 15, 2024.

ATTACHMENTS: 1. Draft Minutes of October 15, 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
OCTOBER 15, 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
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-030. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Patrice Hildreth and Yuliana Andrade. Employee Organizations:

Management & Confidential Series.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913. 4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiff.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6:29 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

The Pledge of Allegiance was led by Council Member Beltran.

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

ORAL COMMUNICATIONS
• Rafaela Woods, Porterville, expressed her belief that the current City Council should not delay in fulfilling their responsibilities regarding the appointment of a new City Manager.
• David Horowitz, Porterville, expressed his concerns about trash accumulation and trash servicing in the area of downtown Main Street.
• Ed McKervey, Porterville, stated that the selection process for the City Manager is very important, and he would like the process and succession plan to be transparent. • Brock Neeley, Porterville, expressed his thoughts on Item No. 25 and noted that certain individuals are making the process political.
• AJ Rivas, Porterville, believes that the selection for the next City Manager should be done after elections have concluded.
• John Duran, Porterville, spoke in favor of the next city Council being the ones to choose the new City Manager.
• Stan Green, Porterville, stated that the new incoming city council should be the ones to select the City Manager.
• Edith La Vonne, Porterville, reminded everyone that Item No. 25 is to consider a process on the selection of a new City Manager, not to select a new City Manager. • Jesse Vasquez, Porterville, believes the current council should wait until after elections to select a new City Manager.
• Teresa Gonzalez, Porterville, would like the council to consider adding crosswalks near Plaza De Santa Fe to help senior residents cross the streets safely.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - October 3, 2024 Vice Chair Arlene Peña reported on several events that occurred such as Pioneer Days, Corporate Games, Youth Sports, Halloween Home Decorating Contest, and the upcoming Veterans Day Parade.

2. Library & Literacy Commission - October 8, 2024
Commissioner Edith La Vonne reported on a reorganization of the Commission, resulting in Sonya Lopez as the Chair, and Irene Ortega as the Vice Chair. The report included participation statistics for August & September for various events such as Virtual Story Time, Adult Book Club, Bilingual Story Time, Family Literacy Services, Bring your own game day, Young Adult Book Club, a Tropical Health Fair, Summer Reading Finale, First Chapter Friends, Back to School Car Show, and National Night Out.

3. Arts Commission – No report was provided.

4. Animal Control Commission - October 10, 2024 – No reported was provided.

5. Youth Commission - October 9, 2024
Commissioner Andre Dante introduced himself, the school he went to, and the reason as to why he joined the commission.

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

II. Staff Informational Reports

1. Water Conservation Phase III Status Update - September 2024

2. Fall Community Clean Up Event

3. Proclamation Issuance Report (September 2024)

CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion. City Attorney Lew noted an amendment to be made to the recommendation of Item No. 6.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Greg Meister that the City Council approve Items Nos. 1- 21, with the noted corrections to Item No. 6. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF OCTOBER 1, 2024
Recommendation: That the Council approve the draft Minutes of October 1, 2024.

Documentation: M.O. 01-101524
Disposition: Approved.

2. AUTHORIZATION FOR POLICE TRUCK ENGINE REPLACEMENT
Recommendation: That the City Council:

1. Authorize Police truck engine replacement by Merle Stone Chevrolet at a cost not to exceed $15,580.05, (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 02-101524
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE MATERIALS FOR THE ZALUD

PARK PIPE PROJECT

Recommendation: That the City Council:

1. Authorize the purchase of 1,300 feet of 12” C900 pipe from Core & Main for a total project amount not to exceed $63,272.14, which includes piping, shipping, taxes, and 10% contingency;

2. Direct the Finance Director to initiate a Purchase Order to Core & Main for a total project amount not to exceed $63,272.14, which includes piping, shipping, taxes, and 10% contingency; and

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

Documentation: M.O. 03-101524
Disposition: Approved.

4. AUTHORIZATION TO PURCHASE AN AIR CONDITIONING UNIT
Recommendation: That City Council:

1. Award the replacement and installation of a 3.5-ton unit to TAMN-TJ'Z Cooling-N-Heating Inc. for a total project amount not to exceed $10,450, which includes one (1) air conditioning unit, installation, taxes, and 10% contingency;

2. Direct the Finance Director to initiate a Purchase Order to TAMN-TJ'Z Cooling-N-Heating Inc. for a total project amount not to exceed $10,450, which includes one (1) air conditioning unit, installation, taxes, and 10% contingency; and

3. Direct the Finance Director to make payment to TAM-N-TJ'Z Cooling-N-Heating Inc. upon receipt of the invoice approved by the Public Works Director.

Documentation: M.O. 04-101524
Disposition: Approved.

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

1. Approve the software contract with Ron Turley Associates for one year in the amount of $13,763.20; and

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

Documentation: M.O. 05-101524
Disposition: Approved.

6. CONSIDERATION OF APPROVAL OF CONTRACT RENEWAL WITH

CIVICPLUS

Recommendation: That the City Council approve the proposed contract renewal with CivicPlus, at the rate of $10,638.11, and the following year at the rate of $11,955.21, with a five percent (5%) annual increase each renewal term and automatic renewals, for the web-based agenda management system.

Documentation: M.O. 06-101524
Disposition: Approved.

7. AUTHORIZATION TO ENTER AGREEMENT WITH DATA PILOT
Recommendation: That the City Council:

1. Accept the grant funds from the 2024 Mobile Forensics LTP Grant Program in the amount of $7,195.00 and;

2. Approve staff to enter the two (2) year contract with Data Pilot for the amount of $7,085.08.

Documentation: M.O. 07-101524
Disposition: Approved.

8. AUTHORIZATION TO ADVERTISE FOR BIDS - COMMUNITY CENTER & PARK PROJECT
Recommendation: That the City Council:

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

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

3. Authorize the City Engineer to negotiate surveying services with one of the firms as approved by Council MO #04-041922.

Documentation: M.O. 08-101524
Disposition: Approved.

9. AUTHORIZATION TO DISTRIBUTE REQUEST FOR QUALIFICATIONS - CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE COMMUNITY CENTER & PARK PROJECT
Recommendation: That the City Council authorize staff to distribute a Request for Qualifications for Construction Management and Inspection Services for the Community Center & Park Project.

Documentation: M.O. 09-101524
Disposition: Approved.

10. AUTHORIZATION TO EXECUTE FUNDING AGREEMENT
AMENDMENT NO. 1 - AKIN/CENTRAL WATER CONSOLIDATION

PROJECT
Recommendation: That the City Council:

1. Approve Amendment No. 1 to the funding agreement with the State Water Resources Control Board;

2. Adopt the draft Resolution identifying the Mayor and/or the Public Works Director as the City's authorized representatives concerning said Funding Agreement No. 1 with the California State Water Resources Control Board; and

3. Authorize the Public Works Director to execute Amendment No. 1 to the funding agreement.

Documentation: Resolution No. 78-2024
Disposition: Approved.

11. AWARD OF CONTRACT - CONTRACT PLANNING SERVICES
Recommendation: That the City Council:

1. Authorize staff to negotiate an on-call contract with Provost & Pritchard;

2. Authorize the Mayor to sign contract documents; and

3. Authorize staff to make payments up to 100% upon satisfactory completion of tasks.

Documentation: M.O. 10-101524
Disposition: Approved.

12. AWARD OF PROFESSIONAL SERVICES AGREEMENT TO MAAS

ENERGY WORKS FOR RENEWABLE NATURAL GAS SUPPLY AND

CREDIT MANAGEMENT SERVICES
Recommendation: That the City Council:

1. Approve the award of a ten-year Professional Service Agreement to Maas Energy Works for Renewable Natural Gas Supply and Credit Management Services; and

2. Authorize the Transportation Director to execute the agreement and any related documents.

Documentation: M.O. 11-101524
Disposition: Approved.

13. AWARD OF PROFESSIONAL SERVICES AGREEMENT TO CLEAN

ENERGY FOR COMPRESSED NATURAL GAS (CNG) FUELING

STATION MAINTENANCE SERVICES

Recommendation: That the City Council:

1. Approve the draft professional services agreement with Clean Energy for the maintenance of the City’s CNG fueling station at an estimated monthly cost of $2,245 and a one-time fee of $10,370 for remote monitor software and equipment; and

2. Authorize the Mayor, or designee, to execute the agreement and any related documents on behalf of the City of Porterville.

Documentation: M.O. 12-101524
Disposition: Approved.

14. AWARD OF PROFESSIONAL SERVICES AGREEMENT TO ENERGY
MISSION CONTROL, INC. FOR LOW CARBON FUEL STANDARD

CREDIT SERVICES
Recommendation: That the City Council:

1. Approve a Professional Services Agreement between the City of Porterville and Energy Mission Control, Inc for Low Carbon Fuel Standard (LCFS) services; and

2. Authorize the Mayor, or designee, to execute the agreement and any related documents, subject to final review by the City Attorney.

Documentation: M.O. 14-101524
Disposition: Approved.

15. INTENT TO SCHEDULE A PUBLIC HEARING TO CONSIDER MAIN

STREET BANNER APPLICATION FEE
Recommendation: That the City Council schedule a Public Hearing for November 5, 2024, to allow for public comment and to consider the Main Street banner application fee.

Documentation: M.O. 14-101524
Disposition: Approved.

16. A RESOLUTION APPROVING THE APPLICATION FOR THE ZEROEMISSION LANDSCAPING EQUIPMENT GRANT PROGRAM

THROUGH THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL

DISTRICT
Recommendation: That the City Council adopt a Resolution approving the application for the Zero-Emission Landscaping Equipment Grant Program through the San Joaquin Valley Air Pollution Control District.

Documentation: Resolution No. 79-2024
Disposition: Approved.

17. ACCEPTANCE OF FUNDING FROM THE DEPARTMENT OF

ENERGY'S ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT (EECBG) PROGRAM FOR THE PURCHASE OF THREE ZEROEMISSION VEHICLES Recommendation: That the City Council:

1. Accept funding from the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) Program in the amount of $121,930;

2. Authorize the Mayor, or designer, to execute all necessary documents related to the acceptance of the funding and the implementation of the approved project;

3. Authorize staff to prepare and submit Clean Energy Tax Credits in the amount of $7,500 per vehicle;

4. Appropriate $8,726.08 in Transit Local Transportation Funds (LTF) as local match funding; and

5. Approve the purchase of three Tesla Model 3 vehicles in the amount of $153,156.08.

Documentation: M.O. 15-101524
Disposition: Approved.

18. NOTIFICATION OF PFAS LEVEL EXCEEDANCE
Recommendation: That City Council:

1. Accept this report as meeting General Order No. DW-2024-0002- DDW requirement for notification of PFAS Notification Level Exceedance in five (5) wells within the City of Porterville Water System;

2. Accept the PFAS Notification Letter of Notification Level Exceedance for the five (5) wells within the City of Porterville Water System.

Documentation: M.O. 16-101524
Disposition: Approved.

19. REQUEST FOR WILL SERVE LETTER - 14534 ROAD 274
Recommendation: That the City Council adopt the draft resolution approving the second water service connection at 14534 Road 274.

Documentation: Resolution No. 80-2024
Disposition: Approved.

20. REQUEST FOR PROCLAMATION - 75TH ANNIVERSARY OF COURT REGINA COELI #1521

Recommendation: That the City Council consider approval of a request for the 75th Anniversary of Court Regina Coeli #1521, in the City of Porterville.

Documentation: M.O. 17-101524
Disposition: Approved.

21. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

EMERGENCY
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

Documentation: M.O. 18-101524
Disposition: Approved.

SECOND READINGS

22. SECOND READING - ORDINANCE NO. 1906, AMENDING THE

OFFICIAL CITY OF PORTERVILLE ZONING MAP
Recommendation: That the City Council give Second Reading to Ordinance No. 1906, waive further reading, and adopt said Ordinance.

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 give Second Reading to Ordinance No. 1906, being an ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PORTERVILLE AMENDING THE

OFFICIAL CITY OF PORTERVILLE ZONING MAP TO REZONE
APPROXIMATELY 447 ACRES (19 PARCELS) WITHIN THE

PROPOSED SOUTH OF TULE RIVER (SOTU) DISTRICT
MASTER PLAN AREA (REZONE 2024-001) TO RESIDENTIAL

NEIGHBORHOOD (RN) ZONE DISTRICT CONSISTENT WITH
THE PORTERVILLE 2030 GENERAL PLAN AS AMENDED, waive
further reading, and adopt said Ordinance. The motion carried unanimously.

Documentation: Ordinance No. 1906
Disposition: Approved.

23. SECOND READING - ORDINANCE NO. 1907, AMENDING SERIES 200 AND 300 OF THE PORTERVILLE DEVELOPMENT ORDINANCE

Recommendation: That the City Council give Second Reading to Ordinance No. 1907, waive further reading, and adopt said Ordinance.

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 Raymond Beltran that the City Council give Second reading to Ordinance No. 1907, being an ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES
200 AND 300 OF THE PORTERVILLE DEVELOPMENT

ORDINANCE REGARDING THE EMPLOYMENT ZONE

DISTRICTS IS (GENERAL INDUSTRIAL) AND IP (INDUSTRIAL
PARK), waive further reading, and adopt said Ordinance. The motion carried unanimously.

Documentation: Ordinance No. 1907
Disposition: Approved.

SCHEDULED MATTERS

24. CONSIDERATION OF APPOINTMENTS TO THE ANIMAL CONTROL

COMMISSION
Recommendation: That the City Council consider the reappointment requests of Lacie Goodlett and Shawn Schwartzenberger for terms expiring in September 2028.

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

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Mayor Martha A. Flores that the City Council approve the reappointment of Lacie Goodlett and Shawn Schwartzenberger to the Animal Control Commission to terms expiring in September 2028. The motion carried unanimously.

Documentation: M.O. 19-101524
Disposition: Approved.

25. CONSIDERATION OF PROCESS FOR SELECTION OF CITY

MANAGER
Recommendation: That the City Council consider and determine the selection process for hiring the successor City Manager and provide direction to staff.

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

Council Member Beltran expressed his support for utilizing an executive-level recruitment panel and requested to see a shortlist of potential candidates. He also mentioned that he is not bothered by when the selection is made, whether it occurs before or after the election, stating, "it is what it is."
Council Member Weyhrauch endorsed the idea of having a panel of qualified professionals on the recruitment panel, expressed interest in the number of candidates, and inquired with the City Attorney about the background check process.

Council Member Meister expressed his discomfort with increasing the salary. He believes that the selection process should not occur before the elections and that the Council be allowed to interview all candidates who applied to the poistion. Additionally, he supports a six-month limited-term contract for the City Manager position, allowing the individual to demonstrate their capabilities in that role.

Vice Mayor Carrillo stated that the city has been very transparent about the selection process for a new City Manager and supports both a professional panel and the proposed new salary for the position.

Mayor Flores emphasized that this discussion is not about who will be elected to the next council. She mentioned that the interview process has been very transparent and expressed support of the recommended salary increase, supports the use of a professional panel to evaluate candidates and agrees with a shortlist of the top three qualified individuals being presented to Council. Additionally, she stated that she is not concerned about the timing of the selection of the new City Manager.

After discussing the matter, council members decided to opt for a professional panel to interview all six qualified candidates. The panel will identify the top three candidates, and the council will then conduct interviews of the top three candidates. Additionally, the council agreed that the recommended salary range is suitable for the position, and the timing of the selection will depend on the duration of the overall process.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Mayor Martha A. Flores that the City Council approved a professional panel to interview all six candidates for the City Manager position and said panel will provide the top three recommendations to the council to interview; and approved the annual salary range at $200,000-225,000.

AYES: Beltran, Carrillo, Flores
NOES: Meister, Weyhrauch
ABSTAIN: None
ABSENT: None
Documentation: M.O. 20-101524

Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC)- October 2, 2024 Council Member Beltran provided updates on several items of interest such as the budget, Navigation Center, and the upcoming Winter Coat giveaway.

2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - October 3, 2024 Council Member Weyhrauch reported on a public hearing that was held, the ratification of pending bills, and several reports and action items.

3. Military Banner Committee Meeting - October 9, 2024
Vice Mayor Carrillo reported on the approval of the minutes and the renewal process for banners. She also provided statistics on various types of service calls regarding military banners and shared the program outlook for 2025.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
• Council Member Beltran highlighted several upcoming events, including the Fall Clean Up event, the Apple Festival, and the ADA Public Outreach initiative. He also reminded the community about the Water Conservation Transition and shared his experiences at various events, such as a 4-H breakfast, and extended wishes for everyone to stay safe on Halloween.
• Council Member Weyhrauch expressed gratitude to city committee members, discussed current job openings in the city, elaborated on his reasoning for voting no on Item No. 25, and urged all community members to drive safely. • Council Member Meister commented on the decisions that were made by other council members related to Item No. 25, spoke of border security, and spoke of a call he received from the public regarding the city’s micro-transit system. • Vice Mayor Carrillo stated she had no comments for the evening. • Mayor Flores discussed her participation on a Spanish-speaking radio station, of her attendance at an employee luncheon, and at a Sierra View District Hospital fundraising event.
• City Manager Hildreth stated she had no comments for the evening.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 8:02 p.m. to the meeting of November 5, 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 – NOVEMBER 5, 2024
SUBJECT: Approval of Repairs to Fire Engine
SOURCE: Fire
COMMENT: This report summarizes the repair work conducted by Burton's Fire, Inc. on the Fire Department's fire engine over a series of dates, with all invoices submitted collectively for payment. Each repair addressed specific system issues discovered at different times. Although each separate invoice is below the $5,000 threshold, the cumulative total of the repairs is $11,531.11. Due to the grouping of the repair work and invoices, this item is being brought before the City Council for ratification of the expenditures.

Repair Details:

Invoice #1: Air Conditioning Unit
Date of Repair: August 13, 2024
Description: Repair to the air conditioning unit to
address issues with temperature regulation
within the engine cab, including a warranty
repair of the pump discharge manifold
pluming.

Cost: $3,665.18
Invoice #2: Water Pump
Date of Repair: September 4, 2024
Description: Replacement and repair of the water pump
due to performance issues affecting the
engine's ability to sustain water flow.

Cost: $2,779.54
Invoice #3: Foam System
Date of Repair: October 14, 2024
Description: Repair of the foam system to restore proper functions essential for fire suppression
capabilities.

Cost: $4,282.23
Item No. 2.

Invoice #4: Self-Contained Breathing Apparatus (SCBA) Seat Bracket
Date of Repair: October 21, 2024
Description: Replacement of the SCBA seat bracket to
ensure secure storage of SCBA during
transit.

Cost: $804.16
The four separate repairs, including a repair covered under warranty by Burton's Fire, Inc., performed over a span of approximately two months, addressed critical issues with the engine's air conditioning, water pump, foam system, and SCBA seat bracket. Each repair was necessary to maintain the operational readiness and safety of the vehicle and its components. The combined cost for these essential repairs is $11,531.11. Funds for the repairs to the fire engine are available in the Department's vehicle maintenance budget.

RECOMMENDATION: That the City Council approve payment to Burton's Fire, Inc. for a total cost of $11,531.11 for repairs to a Porterville Fire Department Fire Engine.

ATTACHMENTS: 1. Burton invoice 8-13-24

2. Burton invoice 9-4-24

3. Burton Invoice 10-14-24

4. Burton Invoice 10-21-24
Appropriated/Funded:

Review By:

Department Director:

Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager

Item No. 3.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Upfit Police Vehicle
SOURCE: Police
COMMENT: On December 6, 2022, the Police Department was authorized to purchase a 2023 Dodge Charger. The purchase was complete and the vehicle, Unit #3421, was placed into service. During the month of February 2024, the vehicle was sent to Cook’s Communications for a full upfit. The vehicle was fully upfitted and placed into service.

The upfitting service is normally included with the vehicle purchase but was inadvertently left out during the initial request.

The Department is seeking authorization to submit payment to Cook’s Communications in the amount of $17,272.73. The funds for this purchase are available in the current Police Department Vehicle Replacement Fund.

RECOMMENDATION: That the City Council authorize payment to Cook's Communication for the listed upfit equipment in the amount of $17,272.73.

ATTACHMENTS: 1. Agenda Item for Purchase of Police Vehicle (December 6, 2022)

2. Cook's Invoice
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager

Invoice
Customer No.:

Invoice No.:

Bill To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Order Date Sales Person Our Order Number Quantity Item Number Description Unit Price Amount
01/24/24 Up-Fit Shop Origin Net Next EOM
Ron Moore 02/16/23 David Burchfield 59118
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257

PORTERVILLE
156233
160 North Broadway
Fresno, CA 93701-1592
Req Shipped B.O.

Serial Number
Phone: Fax: (559) 233-8818 (559) 268-8506
Phone:(559) 782-7566
Fax: (559) 784-4569 Phone:

Email: Irene Anaya<[email protected]> Email: Irene Anaya <[email protected]> 2023 DODGE CHARGER
*****PATROL BUILD*****

LIGHTING AND SIREN
******EQUIPMENT*******
1 1 BSFW35Z Whelen Inner Edge DUO
FST/RST WeCanX
Promo Package
FST 10 light, Dodge Charger
2018-2021

0.00 0.00
1 1 BSSP2ZJW Whelen Inner Edge Duo
FST Light Pkg 5/5
Promo Pkg
10 light, 5 Red/White Driver, 5
Blue/White Passenger, DUO
1036.00 1036.00
1 1 BS35Z Whelen Inner Edge DUO
FST/RST WeCanX
Promo Package
RST 10 light, Dodge Charger
2011-2021

0.00 0.00
1 1 BSSP2ZJA Whelen Inner Edge Duo
RST Light Pkg 5/5
Promo Pkg
10 light, 5 Red/ Amber Driver, 5
Blue/Amber Passenger, DUO
1036.00 1036.00
1 1 C399 Whelen CENCOM CORE WCX
Control CenterAmp Module
1074.00 1074.00
1 1 C399K3 Whelen OBDll Cable
fits Dodge Vehicles

0.00 0.00
1 1 CCTL7 Whelen WeCAN 21 Button
w/Slide Controller

0.00 0.00
1 1 SA315P Siren Speaker 0.00 0.00
1 1 SAK9 Siren Mount 0.00 0.00
1 1 VMDC11RB Whelen Ion-V Mirror Beam
Red/Blue
525.00 525.00
1 1 CHWLDC15 Whelen Howler Low Freq 575.00 575.00
Thank You
Invoice
Customer No.:

Invoice No.:

Bill To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Order Date Sales Person Our Order Number Quantity Item Number Description Unit Price Amount
01/24/24 Up-Fit Shop Origin Net Next EOM
Ron Moore 02/16/23 David Burchfield 59118
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257

PORTERVILLE
156233
160 North Broadway
Fresno, CA 93701-1592
Req Shipped B.O.

Serial Number
Phone: Fax: (559) 233-8818 (559) 268-8506
Phone:(559) 782-7566
Fax: (559) 784-4569 Phone:

Email: Irene Anaya<[email protected]> Email: Irene Anaya <[email protected]> Siren for 2015-20 Charger
2 2 VTX609C Vertex Super-LED
(clear/white)
109.00 218.00
2 2 VTXFB Vertex LED Surface
Mount - Black

10.00 20.00
1 1 FHL-TAIL Rear Flasher- Alternating 85.00 85.00
PUSH

BUMPER/PARTITION/TRAYS
1 1 BK0532CGR15 Setina PB400 Push Bumper
for '15+ Dodge Charger
425.00 425.00
1 1 PK1134CGR11 Setina 8XL Partition
1/2 Poly 1/2 Mesh
773.00 773.00
1 1 GK10271U Setina Single T Rail
Weapon Mount 1 XL Lock
331.00 331.00
1 1 WK0513CGR11 Setina Window Barriers
Steel Vertical
fits '11-'19 Dodge Charger
246.00 246.00
1 1 DK0100CGR11 Setina TPO Door Panel Kit
fits '11-'19 Dodge Charger
263.00 263.00
1 1 PS-CHRGER-OS PTS Transport Seat
w/OS Belts
fits Dodge Charger
751.00 751.00
1 1 AC-CH11T-DS Troy Hinged Side Tray
fits '11-'19 Dodge Charger
Drivers Side
191.00 191.00
1 1 AC-CH11T-PS Troy Hinged Side Tray
fits '11-'19 Dodge Charger
Passenger Side
191.00 191.00

CONSOLE/COMPUTER
1 1 C-VS-0809-CHGR-2Havis VS 17" Console
fits '21 Dodge Charger
474.00 474.00
1 1 C-EB25-XTL-1P Havis 2.5" Faceplate
fits XTL2500/5000-05/APX7500

0.00 0.00
1 1 C-EB40-CCS-1P Havis Faceplate 0.00 0.00
Thank You
Invoice
Customer No.:

Invoice No.:

Bill To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Order Date Sales Person Our Order Number Quantity Item Number Description Unit Price Amount
01/24/24 Up-Fit Shop Origin Net Next EOM
Ron Moore 02/16/23 David Burchfield 59118
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257

PORTERVILLE
156233
160 North Broadway
Fresno, CA 93701-1592
Req Shipped B.O.

Serial Number
Phone: Fax: (559) 233-8818 (559) 268-8506
Phone:(559) 782-7566
Fax: (559) 784-4569 Phone:

Email: Irene Anaya<[email protected]> Email: Irene Anaya <[email protected]> 1 Piece fits Whelen
CenCom Controller
1 1 C-FP-05 .5" Blank Havis Face Plate 0.00 0.00
2 2 C-FP-2 2" Blank Havis Face Plate 10.00 20.00
1 1 CUP2-1001 Havis Self Adjusting
Cup Holder

54.00 54.00
1 1 C-ARM-101 Havis Arm Rest 86.00 86.00
1 1 AC-MCM1 Troy Mic Clip 14.00 14.00
1 1 LF12ER Fed Sig Littlite 12" Halogen
Vertical Mount

45.00 45.00
1 1 C-DMM-3105 Havis Dash Mount
fits '15-'19 Dodge Charger
412.00 412.00
1 1 PKG-KB-208 Havis Rugged Keyboard
& Mount
565.00 565.00
1 1 C-MD-204 Low Profile Tilt Swivel
Motion Device

74.00 74.00

MISC ITEMS/ELECTRICAL
1 1 LP450NMO 450mhz Dome Antenna 70.00 70.00
1 1 NMO58U-NC NMO Coax Kit
w/ 17' of RG58

20.00 20.00
1 1 RQA5000C QMA Male Connector
fits RG58

15.00 15.00
1 1 7615B-BSS Blue Seas Solenoid/Timer.
120amp 12vdc
123.00 123.00
1 1 5029B-BSS 12 Circuit Water Resistant
Fuse Block w/Cover

42.00 42.00
4 4 5080 Relay 20.00 80.00
1 1 S3511K Stop Stick Rack Kit 738.00 738.00
2 2 C-FP-1 1" Blank Havis Face Plate 10.00 20.00
1 1 AC-MCM1 Troy Mic Clip 15.00 15.00
Thank You
Invoice
Customer No.:

Invoice No.:

Bill To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Order Date Sales Person Our Order Number Quantity Item Number Description Unit Price Amount
01/24/24 Up-Fit Shop Origin Net Next EOM
Ron Moore 02/16/23 David Burchfield 59118
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257

PORTERVILLE
156233
160 North Broadway
Fresno, CA 93701-1592
Req Shipped B.O.

Serial Number
Phone: Fax: (559) 233-8818 (559) 268-8506
Phone:(559) 782-7566
Fax: (559) 784-4569 Phone:

Email: Irene Anaya<[email protected]> Email: Irene Anaya <[email protected]> 1 1 MATERIALSFEE3Installation Material
Bundle
300.00 300.00

34.000 34.000 LAISREG Shop Installation
Complete Patrol Build
150.00 5100.00
customer suplied radio,
cradlepoint, axon fleet 3
camera system, and docking
station removed froma 2016
Charger
Unit# 3421
2023 DODGE CHARGER
Lic# 1661688 Vin#* 513664
Mileage- 975
Invoice subtotal
Freight charges
Sales tax @ 8.35000%
Invoice total
16007.00
355.00
910.73
17272.73
Signature Date Print Name
A finance charge of 1 1/2% will be added to all past due accounts. All items are subject to a 25% restocking fee when returned. Special order items are subject to a 25% restocking fee whether items are delivered or not.

We appreciate your continued patronage
Thank You
Item No. 4.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Purchase Vehicle to Support Encampment Abatement SOURCE: Parks and Leisure Services
COMMENT: During its adoption of the Fiscal Year 2024/25 budget, the City Council authorized staff to initiate an encampment abatement program administered by the City. The authorization included hiring one full-time Encampment Maintenance Worker, four part-time Encampment Maintenance Workers, and purchasing the necessary equipment to perform the related duties. One of those duties includes clean-up, transportation, and disposal of waste to properly clean and clear the encampment sites. Another duty includes removing and disposing of vegetation, in order to gain access to encampment sites, and raising trees and shrubbery to allow better visibility of sites during postencampment removal.

Encampment vehicles travel through rugged terrain at times en route to encampment sites. Thus, one key asset to performing these encampment-related duties is a four-wheel drive truck. Features of the truck needed to satisfy performance measures include for it to be a fourwheel drive, having a V8 engine to tow a trailer, and for it to have a crew cab to haul multiple staff.

On September 17, 2024, City Council authorized staff to distribute a Request for Proposals for the purchase of a truck for encampment activities associated with enforcement of Ordinance 1905 to regulate unsafe camping. Proposals were due by October 18, 2024, with the following proposals received:

American Chevrolet $48,772.72
PFVT Motors, LLC. $57,182.83
Haddad Dodge-Ram $56,357.95
Based on the proposals received, staff is requesting to purchase a 2024 Chevrolet Silverado 1500 from American Chevrolet. Funds for this purchase are available through the American Rescue Plan Act funds provided by the County of Tulare.

Item No. 4.

RECOMMENDATION: That the City Council authorize the purchase of a 2024 Chevrolet Silverado 1500, to support encampment
abatement, from American Chevrolet for $48,772.72.

ATTACHMENTS: 1. American Chevrolet

2. PFVT Motors, LLC

3. Haddad Dodge- Ram
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 5.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Purchase Sideloader Gripper Assembly SOURCE: Public Works
COMMENT: Vehicle #6609, a 2020 Peterbilt Residential Refuse Truck, has experienced failure of the container gripper assembly. The gripper assembly is a proprietary component that can only be purchased directly from the manufacturer. This residential side loader has at least five years of expected service life remaining.

Staff is requesting authorization to purchase the part from One Source Parts, the truck manufacturer, as they are able to sell directly to the City.

The estimated cost of the lower gripper assembly is $7,854 (inclusive of all parts, taxes, freight, and a 10% contingency). Funding is available in the Solid Waste Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of the side loader lower gripper assembly from One Source Parts at a cost not to exceed
$7,854 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment upon receipt of parts.

ATTACHMENTS: 1. One Source Parts Estimate
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 6.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Purchase an Auto Theft Investigation Vehicle SOURCE: Police
COMMENT: The Porterville Police Department recently assigned an auto theft investigator to the department’s Investigation Division. This investigator participates part-time in the Tulare County Reduce Auto Theft Task Force (TRATT).

Staff determined that this particular investigative position needed a department vehicle as it had been vacant. Although this allocated investigation position is funded by the department's Measure “I” budget, the Police Chief requested to purchase a new vehicle with AB 286 funding.

AB 286 funding is monies received by Tulare County based on vehicle registrations in each local jurisdiction and is specifically required to be expended on auto theft investigation-related items and equipment, which includes department vehicles. The monies are held by the Tulare County District Attorney’s Office until a local jurisdiction submits a request for approval of expenditures to the Governing Control Board, which is comprised of designated members of the Tulare County Police Chiefs Association. The Police Chief submitted this request and received approval of funding from the Board in the amount of $50,000.

RECOMMENDATION: That the City Council:

1. Authorize staff to identify and enter negotiations for the purchase of a vehicle up to a cost of $50,000 with a 10% contingency. If needed, the 10% contingency would be
funded by the police department's vehicle depreciation
account.

2. Authorize payment upon satisfactory delivery of the
vehicle.

ATTACHMENTS: 1. 2024 approval request for DMV funds

2. DMV Auto Theft PPD approval
Item No. 6.

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
AB286/AB183/DMV Auto Theft Funds Board Approval
2024
Request received from: Chief Jake Castellow
Amount Requested: $50,000 for the Porterville Police Department Funds will be used for:

The Porterville Police Department is requesting $50,000 to purchase a new police vehicle for use by the police departments auto theft investigator. The vehicle’s primary purpose will be for use by the department’s response to auto theft investigations and carry auto theft investigative equipment.

TCCA DMV Auto Theft Funds Board Approval:
_______________________________ _______________
Chief Rob Moore, Lindsay PD Date
_______________________________ _______________
Chief Donnie Charles, College of Sequoias PD Date
_______________________________ _______________
Chief Jason Salazar, Visalia PD Date
Reviewed by Tulare County Chief’s Association President:
______________________________ _______________
Chief Jake Castellow, Porterville PD Date

Item No. 7.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Purchase Veterans Day Run Participant Shirts SOURCE: Parks and Leisure Services
COMMENT: The Veterans Day Run takes place each year in Downtown Porterville on the recognized Veterans Day holiday. The event features a 5K run, 5K walk, and 10K run starting at 7:30 A.M. before the Veterans Day Parade. Race registration includes a long-sleeved race shirt, a reusable tote, and a commemorative race bib. Participation in the event has significantly increased over the years, reaching over 1,000 individuals registered in 2023. The race shirts have become a significant memento for the participants and serve as a lasting promotion of the event and the patriotism of the city of Porterville.

Staff requested quotes from three businesses for the production of the 2024 Veterans Day race shirt. The specifications include a three-color front design and a single-color back design on a Sport-Tek® Long Sleeve Tee in the quantity of at least 1,350 with graphic design services, and a short production time to accommodate extended participant registration. The following quotes were consistent with the requirements of the specifications as detailed in the request. All three quotes add $2.00 more per unit for any size above extra large.

Vendor Quote
Axiom Graphics $11.20 per unit
Central Valley Business Forms $11.00 per unit
On Point Graphics $11.28 per unit
Central Valley Business Forms provided the lowest quote, but the lead time for production was at least three weeks which is too long in order to distribute the shirts to the participants on time. Axiom Graphics has produced the race shirts for the past several years and staff is satisfied with the product. The race registration fee is $25 for runners and walkers. The expenditure for the race shirts is recovered from the race registration fees and supplemented by community sponsorship.

RECOMMENDATION: That the City Council approve the purchase of the Veterans Day Run race shirts from Axiom Graphics at a
Item No. 7.
cost of $11.20 per unit, plus an $2.00 more per unit for any size above extra large.

ATTACHMENTS: 1. Axiom Graphics Quote

2. Central Valley Business Forms Quote

3. On Point Graphics Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 8.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Purchase Technology Equipment for the Council Chambers
SOURCE: Finance
COMMENT: The electronic equipment utilized in the Council Chambers has been in use for over 8 years and requires improvements to align with modern technology. With evolving technology and the need for high-quality audio and video, updating key technology components will enhance the audiovisual experience, improve accessibility, and streamline Council operations, including the integration of a digital voting system.

The proposed upgrades include:

1. Projector Replacement
Replace the 10-year-old BenQ SH963 projector with a new BenQ 6000 Lumens WUXGA Conference Room Projector. This upgrade will enhance visual quality and reduce maintenance costs, as the new projector’s bulb lasts 10 times longer than the current one.

2. HDMI Splitter Replacement
Replace the current HDMI splitter with a StarTech.com 8-Port 4K HDMI splitter, which will support higher resolutions to align with the new projector.

3. HDMI Switch Purchase
Purchase a StarTech.com 4-Port HDMI Automatic Video Switch to allow up to four video inputs for greater flexibility.

4. HDMI Extenders
Purchase StarTech.com 4K HDMI Extenders to ensure highquality video transmission between the splitter, projector, and computers.

5. iPads for Council Members
Purchase six Apple 10.9” iPads and the necessary mounting hardware. These devices will integrate with CivicClerk, enabling digital voting and viewing of agenda items.

6. Assistive Listening System
Purchase a Listen LT-800-072-01 RF audio transmitter to enhance services for attendees with hearing impairments.

7. Microphones for Additional Director Seating
Add Shure Microflex Gooseneck microphones for additional Item No. 8.
director seating.

8. Analog Mixer
Purchase a Shure SCM810 8-channel analog mixer to support the additional microphones and expand the current sound system.

9. Cabling and Miscellaneous Parts
Purchase necessary cables and components to ensure proper installation and functionality of all devices.

Staff received the following quotes:

Vendor Quote
GovConnection, Inc. $12,664.72
StrictlyTech $13,043.37
CDWG $13,115.67
To reduce costs, Information Technology staff will perform all aspects of this upgrade, eliminating the need for an external contractor. Staff recommends purchasing the technology components through GovConnection, Inc. at a cost of $12,664.72, with an additional ten percent (10%) contingency of $1,266.47, for a total of $13,931.19. The equipment will be funded through the American Rescue Plan Act Fund.

RECOMMENDATION: That City Council approve the purchase of the technology equipment from GovConnection, Inc., to support the
technology upgrades in the Council Chambers, at a cost of $12,664.72, with an additional ten percent (10%)
contingency of $1,266.47, for a total of $13,931.19.

ATTACHMENTS: 1. GovConnection Inc.

2. StrictlyTech

3. CDWG
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
Account Executive: John Zugg
Phone:

Fax:

Email: [email protected] Date: 10/17/2024
Valid Through: 4/30/2025
Account #: Tulare
Customer Contact: Robert Campos Phone: (559) 782-7432
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level 138.00 lbs Net 30 SOURCEWELL #121923 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 1 41420053 LU935
LU935 WUXGA Conference Room DLP
Projector, 6000 Lumens, White
-
BenQ $ 2,906.58 $ 2,906.58
2 6 41540134 MPQ03LL/A iPad 10.9" G10, 64GB, Wi-Fi, Silver -
Apple Computer
Cto $ 333.30 $ 1,999.80
2 6 Fee: 14 State Environmental Fee $ 4.00 $ 24.00
3 5 41690788 111B209IPDSB
VESA Fixed 45-degree Space Enclosure
Core Counter Stand or Wall Mount for
iPad 10.9" 10th Gen, Black
-
Compulocks $ 118.42 $ 592.10
4 1 35661731 ST128HD20 8-Port 4K 60Hz HDMI Splitter
-
StarTech.com $ 168.24 $ 168.24
5 1 35999838 CL15W Universal Security Cable Lock T Bar
-
Compulocks $ 21.11 $ 21.11
6 1 30870710 VS421HD4KA
4-Port HDMI Automatic Video Switch 4K
w / Fast Switching
-
StarTech.com $ 129.16 $ 129.16
7 2 41552123 4K70IC-EXTEND-HDMI
4K 60Hz HDMI Video Extender Over
CAT5 / CAT6 Ethernet Cable - 230ft
-
StarTech.com $ 182.96 $ 365.92
8 4 41802312 LR-5200-072-P1
Advanced Intelligent DSP RF Receiver
Package 1
-
Listen
Technologies $ 299.00 $ 1,196.00
9 7 38329240 MX418S/C
Shure MX418S / C Mic Condenser
Microphone - Cardioid
-
Shure $ 210.95 $ 1,476.65
10 1 41802224 LA-125
Antena Mount Kit for transmitter,rack
mount
-
Listen
Technologies $ 56.39 $ 56.39
11 1 35113970 9451 0101000
22AWG Single Pair Multi-Conductor
Cable, 1000ft
-
Belden, Inc. $ 224.36 $ 224.36
12 1 34502383 WIR6CMRBK
Bulk Cat6 CMR Solid Ethernet Cable,
Black, 1000ft
-
StarTech.com $ 317.92 $ 317.92
13 1 LSTN-800-072-01 Listen LT-800-072-01 RF audio
transmitter
Listen
Technologies $ 735.90 $ 735.90
14 1 41299662 HDMM21V1M
8K 60Hz / 4K 120Hz Certified Ultra High
Speed HDMI 2.1 Cable, 1m
-
StarTech.com $ 17.40 $ 17.40
15 1 41173391 SCM810 8ch automatic mixter
-
Shure $ 1,337.53 $ 1,337.53
16 1 41207722 N232-100-UTP
Cat6 RJ45 Pass-Through UTP Modular
Plug, 100 Pack
-
TrippLite-Cables $ 25.39 $ 25.39
Subtotal $ 11,594.45
(559) 782-7456 (559) 782-7439
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract # 121923. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

SALES QUOTE
GovConnection, Inc. # 25689767.01
732 Milford Road PLEASE REFER TO THE ABOVE QUOTE #
Merrimack, NH 03054 WHEN ORDERING

CITY OF PORTERVILLE
US
Porterville, CA 93257
QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST
PORTERVILLE, CA 93257 US

Account Executive: John Zugg
Phone:

Fax:

Email: [email protected] Date: 10/17/2024
Valid Through: 4/30/2025
Account #: Tulare
Customer Contact: Robert Campos Phone: (559) 782-7432
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level 138.00 lbs Net 30 SOURCEWELL #121923 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext (559) 782-7456 (559) 782-7439
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract # 121923. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

SALES QUOTE
GovConnection, Inc. # 25689767.01
732 Milford Road PLEASE REFER TO THE ABOVE QUOTE #
Merrimack, NH 03054 WHEN ORDERING

CITY OF PORTERVILLE
US
Porterville, CA 93257
QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST
PORTERVILLE, CA 93257 US
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax $ 1,070.27
Total $ 12,664.72

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
SOURCEWELL Contract # 121923
Contract Expiration: 27 February 2028
Please contact your account manager with questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

PO Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
Delivery Time: 1-30 DAYS ARO
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract # 121923. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one: https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Notice on Tariff Tax Impacts: Please be aware that the pricing shown in this quote is potentially subject to change at time of order placement due Federal Government tax law changes resulting in increases in Tariff’s assessed on imports and exports, which are outside our control and the control of our suppliers. Please confirm pricing with your Account Manager prior to order placement.

We apologize for this inconvenience.

Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Quotation
Number: 29076
Date: 10/09/2024
Quote prepared for: Zack Watson
Bill To:

City of Porterville CA
Zack Watson
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7499
Email: [email protected]
Ship To:

City of Porterville CA
Zack Watson
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7499
Email: [email protected]
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*1 LU935 BenQ LU935 3D Ready DLP Projector - 16:10 - Ceiling Mountable - White - 1920 x 1200 - Front - 1080p - 20000 Hour Normal Mode - WUXGA - 3,000,000:1 - 6000 lm - HDMI - Network (RJ-45) - Conference Room - TAA Compliance
Mfr: BENQ CORPORATION
UNSPSC : 45111609
$ 3,021.00 1 $ 3,021.00
*2 MPQ03LL/A Apple iPad (10th Generation) A2696 Tablet - 10.9" - Apple A14 Bionic Hexacore - 4 GB - 64 GB Storage - Silver - Firestorm Dual-core (2 Core) 3 GHz + Icestorm Quad-core (4 Core) 1.80 GHz - 2360 x 1640 - Liquid Retina Display, In-plane Switching (IPS) Technology, True Tone Technology Display - 12 Megapixel Front Camera - TAA Compliance
Mfr: APPLE, INC
UNSPSC : 43211509
$ 330.00 6 $ 1,980.00
*3 111B209IPDSB Compulocks iPad 10.9" 10th Gen Space Enclosure Core Counter Stand or Wall Mount Black - High-Grade Aluminum Enclosure, Conceals charging cable, Quick Lock and Unlock Keyed Lock, Counter-top or Wall Mountable, Ideal for use as a Check-in station or Self-service kiosk - TAA Compliance Mfr: COMPULOCKS BRANDS INC.

UNSPSC : 31162313
$ 113.00 5 $ 565.00
*4 ST128HD20 StarTech.com 8-Port 4K 60Hz HDMI Splitter - HDR Support - HDMI 2.0 Splitter - 7.1 Surround Sound Audio - Displays the same image with sound on 8 screens - Splits an HDMI video signal up 4K 60Hz - 4:4:4 chroma; up to 18Gbps (HDMI 2.0b) - HDR; HDCP 2.2 to HDCP 1.4 conversion; 7.1 surround sound audio - Passes EDID between video source and display (port 1) - TAA Compliance
Mfr: STARTECH.COM
UNSPSC : 32101529
$ 174.00 1 $ 174.00
*5 CL15W Compulocks T-bar Security Keyed Cable Lock White - Secure your device with 6ft Galvanized Steel Cable compatible with Standard Security Slots and Loop End for "Anywhere" Tethering - TAA Compliance
Mfr: COMPULOCKS BRANDS INC.

UNSPSC : 46171502
$ 25.00 1 $ 25.00
*6 VS421HD4KA StarTech.com 4-Port HDMI Automatic Video Switch - 4K 2x1 HDMI Switch with Fast Switching, Auto-Sensing and Serial Control - Switch between four HDMI sources on a single HDMI display w/ 4K video resolution & fast switching for minimal disruption - 4-port HDMI automatic video switch - 4K 4x1 HDMI switch - 4K UltraHD HDMI switch - RS-232 serial control interface - TAA Compliance
Mfr: STARTECH.COM
UNSPSC : 43211601
$ 134.00 1 $ 134.00
*7 4K70IC-EXTEND-HDMI StarTech.com 4K HDMI Extender Over CAT5/CAT6 Cable, 4K 60Hz Video Extender Up to 230ft (70m), HDMI Over Ethernet Cabling, S/PDIF Audio Out - 4K HDMI Extender; 4K 60Hz (4:4:4) up to 230ft (70m) with zero latency over a CAT6/5e Ethernet cable; HDR; One Power Supply with PoC; Local HDMI output for a display/cascaded extender; Metal housing; Mounting Kit/Rubber Feet/IR Extension Kit - TAA Compliance
Mfr: STARTECH.COM
UNSPSC : 26121620
$ 187.00 2 $ 374.00
*8 LR-5200-072 Listen Technologies LR-5200-072 Advanced Intelligent DSP RF Receiver - 72MHz
Mfr:
$ 267.01 4 $ 1,068.04
Prepared by: Keith Nguyen Email: [email protected] Phone: 954-606-5440 2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Quotation
Number: 29076
Date: 10/09/2024
Quote prepared for: Zack Watson
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*9 LSTN-LA-125 Listen Technologies (LA-125) Antenna Kit Fore Rack Mount Mfr:
$ 62.50 1 $ 62.50
*10 MX418S/C MX418SC CARDIOID 18" GSENECK MIC SWTCH
Mfr: SHURE, INC
UNSPSC : 43211719
$ 235.00 7 $ 1,645.00
*11 9451 010100 Belden 9451 CMR/Riser Rated Single Pair Analog Audio Cable 22 AWG - TC - Shielded - Black - 1000 ft
Mfr:
$ 360.00 1 $ 360.00
*12 WIR6CMRBK StarTech.com Bulk Cat 6 Ethernet Cable - 1000 ft. (304,8m) - Solid - CMRRated - Black - TAA Compliant - 1000 ft. (304,8m) Black Cat6 cable for 10 Gigabit networks - High-quality copper conductors - Keep Near End Crosstalk (NEXT) within acceptable limits - For where CMR fire rating is required - 550 MHz; 4K; PoE; UTP; Solid; 23AWG; CMR Rated; ETL; TAA - TAA Compliance
Mfr: STARTECH.COM
UNSPSC : 26121609
$ 237.00 1 $ 237.00
*13 LT-800-072-01 Listen LT-800-072-01 Stationary RF Transmitter (72 MHz), Wireless Audio Transmitter
Mfr:
$ 805.50 1 $ 805.50
*14 HDMM21V1M 3ft/1m HDMI 2.1 Cable, Certified Ultra High Speed HDMI Cable 48Gbps, 8K 60Hz/4K 120Hz HDR10+, 8K HDMI Cable, Monitor/Display - 3.28 ft HDMI A/V Cable for Audio/Video Device, Monitor, TV, Display Screen, Notebook, Computer, Workstation, Apple TV, Projector, Home Theater System, Digital Signage Player - First End: 1 x 19-pin HDMI 2.1 Digital Audio/Video - Male - Second End: 1 x 19-pin HDMI 2.1 Digital Audio/Video - Male - 48 Gbit/s - Supports up to 7680 x 4620 - Shielding - Gold Plated Connec - TAA Compliance
Mfr: STARTECH.COM
UNSPSC : 26121604
$ 18.50 1 $ 18.50
*15 SCM810 Shure SCM810 Audio Mixer
Mfr: SHURE, INC
UNSPSC : 45111704
$ 1,425.00 1 $ 1,425.00
*16 N232-100-UTP Tripp Lite Cat6 RJ45 Pass-Through UTP Modular Plug, 100 Pack - 100 Pack - 1 x RJ-45 Network Male - Clear - TAA Compliant - TAA Compliance Mfr: TRIPP LITE BY EATON
UNSPSC : 39121444
$ 22.50 1 $ 22.50
*17 EWASTE2 CA Recycling Fee - 4" to Less Than 15"
Mfr:
$ 4.00 6 $ 24.00
17 item(s) Sub-Total $ 11,941.04
Tax @ 0% $ 0.00
Freight $ 0.00
Total $ 11,941.04
(*) Tax exempted Part(s)
Quote Valid Until: 11/08/2024
Prepared by: Keith Nguyen Email: [email protected] Phone: 954-606-5440 Note
Tax: $,1,102.33
Total: $13,043.37
2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Quotation
Number: 29076
Date: 10/09/2024
Quote prepared for: Zack Watson
Payment Details Shipping and Delivery Details
Pay by: Company PO
Payment Term: Net 30
Shipping via: FEDEX Ground
CAGE: 70BA0
DUNS: 078817964
FEIN: 46-2619818
Woman-Owned Small Business (WOSB)
Primary NAICS: 541519, 334111
Unique Entity ID (SAM): DEGDRGZ32898
Terms and Conditions
.

Prepared by: Keith Nguyen Email: [email protected] Phone: 954-606-5440 Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase
Thank you for choosing CDW. We have received your quote.

CITY OF PORTERVILLE,
Thank you for considering CDW•G for your technology needs. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL 1CFN5QQ 9/4/2024 COUNCIL CHAMBERS 0657199 $12,007.22

IMPORTANT - PLEASE READ
Fees applied to item(s): 7213823

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
BenQ 6000 Lumens WUXGA Conference Room Projector 1 7128168 $3,021.57 $3,021.57 Mfg. Part#: LU935
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
Apple 10.9" iPad - Wi-Fi - 10th Generation - 64 GB - Silver 6 7213823 $331.66 $1,989.96 Mfg. Part#: MPQ03LL/A
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
Compulocks iPad 10.9" 10th Gen Space Enclosure Core
Counter Stand or Wall M
5 7626662 $113.45 $567.25
Mfg. Part#: 111B209IPDSB
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
StarTech.com 8-Port 4K 60Hz HDMI Splitter - HDR Support -

7.1 Audio
1 5122687 $159.38 $159.38
Mfg. Part#: ST128HD20
UNSPSC: 43211604
Contract: California NVP Audio Video Equipment and Supplies (7-21-70-48-03)
Compulocks T-bar Security Keyed Cable Lock - security cable lock
1 4995009 $25.40 $25.40
Mfg. Part#: CL15W
UNSPSC: 43211612
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
StarTech.com 4-Port HDMI Automatic Video Switch - 4K with Fast Switching
1 3907262 $120.74 $120.74
Mfg. Part#: VS421HD4KA
UNSPSC: 43211604
Contract: California NVP Audio Video Equipment and Supplies (7-21-70-48-03)

QUOTE DETAILS (CONT.)
StarTech.com 4K HDMI Extender, 4K 60Hz Video, HDMI Over Ethernet Cabling
2 7259116 $171.45 $342.90
Mfg. Part#: 4K70IC-EXTEND-HDMI
Contract: California NVP Audio Video Equipment and Supplies (7-21-70-48-03)
Listen Advanced Intelligent DSP LR-5200-072 - RF audio
receiver - 72 MHz
4 8022238 $217.07 $868.28
Mfg. Part#: LR-5200-072
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Shure Microflex Gooseneck MX412S C - microphone 7 1865607 $250.17 $1,751.19 Mfg. Part#: MX418S/C
UNSPSC: 52161520
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Listen LA-125 - antenna mount kit for transmitter, rack mount 1 7862206 $62.62 $62.62 Mfg. Part#: LSTN-LA-125
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Belden 9451 - bulk audio cable - 1000 ft 1 7855421 $384.08 $384.08 Mfg. Part#: 9451 0101000
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
StarTech.com Bulk Cat 6 Ethernet Cable - 1000 ft. (304,8m) - Solid - CMR-Ra
1 4771340 $235.70 $235.70
Mfg. Part#: WIR6CMRBK
UNSPSC: 26121609
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
Listen LT-800-072-01 - RF audio transmitter 1 7862204 $825.62 $825.62 Mfg. Part#: LSTN-800-072-01
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) StarTech.com 3ft 1m HDMI 2.1 Cable, Certified, 8K 60Hz UHD, HDR10+, 48Gbps
1 6653840 $19.31 $19.31
Mfg. Part#: HDMM21V1M
Contract: California NVP Audio Video Equipment and Supplies (7-21-70-48-03)
Shure SCM810 analog mixer - 8-channel 1 1114033 $1,583.79 $1,583.79 Mfg. Part#: SCM810
UNSPSC: 45111704
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Tripp Lite Ca6 RJ45 Pass-Through UTP Modular Plug 100 Pack 1 6386604 $25.43 $25.43 Mfg. Part#: N232-100-UTP
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)

RECYCLING FEE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
RECYCLING FEE 4" TO LESS THAN 15"
Fee Applied to Item: 7213823
6 654809 $4.00 $24.00
SUBTOTAL $11,983.22

SHIPPING $0.00
RECYCLING FEE $24.00
SALES TAX $0.00
GRAND TOTAL $12,007.22

PURCHASER BILLING INFO DELIVER TO
Billing Address:

CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Payment Terms: DO NOT SHIP
Shipping Address:

ATTN: ZACK WATSON
ATTN:ZACHARY WATSON
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Shipping Method: FEDEX Ground
Please remit payments to:

CDW Government
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Suite 1515
Chicago, IL 60675-1515
Sales Contact Info
Tommy Baxter | (312) 705-0246 | [email protected]
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© 2024 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Note
Tax: $1,108.45
Total: $13,115.67
Item No. 9.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Distribute Request for Proposals - Impact and Connection Fee Nexus Study
SOURCE: Engineering and Project Management
COMMENT: The City assesses various development impact and connection fees on new development and redevelopment to help the City pay for the infrastructure required by the new development activity. The City's impact fee program must comply with the Mitigation Fee Act and the requirements of Assembly Bill 602, which requires a Nexus Study prior to adopting new fees or adjusting current fees.

Staff has prepared a Request for Proposals (RFP) to acquire the desired services and products competitively. The interested qualified firms shall submit proposals detailing their qualifications and plan for meeting the requirements detailed in the RFP that will be reviewed and rated by a selection panel. The proposals shall also include a sealed project budget estimate and fee schedule. Staff will open and evaluate the project budget estimates and fee schedules for the top three (3) ranked firms only, which will be taken into account in the final selection process.

Staff will present the results of the ranking as well as the budget estimates for the top three (3) ranked firms at a future council meeting seeking approval to execute the consultant agreement.

RECOMMENDATION: That the City Council authorize staff to distribute a Professional Services Request for Proposals for an Impact and Connection Fee Nexus Study.

ATTACHMENTS: 1. Draft RFP
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 9.

Final Approver: Patrice Hildreth, City Manager

REQUEST FOR PROPOSALS
Professional Services – Impact & Connection Fee Nexus Study November 2024
PREPARED BY:

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

The City of Porterville (hereinafter referred to as ''CITY'') is requesting proposals from qualified firms to develop a Development Impact Fee Nexus Study and propose Development Impact Fees (DIF) for the City. The City assesses various development impact fees on new development and redevelopment to help the City pay for the infrastructure that the new development activity will require. The City’s impact fee program must comply with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600) and the requirements of Assembly Bill 602, effective January 1, 2022.

II EXAMINATION OF PROPOSAL DOCUMENTS:

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

III ADDENDA/CLARIFICATIONS:

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

IV PROPOSAL REQUIREMENTS:

Proposals for this project will be accepted at this office until 4:00 p.m., on Thursday, December 19, 2024. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Impact & Connection Fee Nexus Study.” Budget estimates and fee schedules (“Cost Proposals”) shall be submitted in a sealed envelope with the proposal package. Proposals shall be addressed to:

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

V PRE-CONTRACTUAL EXPENSES:

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

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

VI EXCEPTIONS/DEVIATIONS:

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

The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the 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 Weaver, Project Manager, 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 subcontractor’s or subconsultant’s 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 PROPOSAL EVALUATION CRITERIA:

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

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

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

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFP and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the second week of January 2025. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

The “Cost proposal” shall be submitted to the CITY in a sealed envelope within the proposal package. Staff will open and evaluate the “Cost Proposals” for the top three (3) ranked firms only; which will be taken into account in the final selection process. 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 RFP, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANT’s desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. Issuance of this RFP and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFP, and cancel any or all portions of this RFP and resulting Contract.

XVII COMPENSATION:

A. All items of work required for completion of the project/s to result from this RFP 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 proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFP. 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 PROPOSAL FORMAT AND CONTENT:

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

A. Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.

Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. 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 with modified personnel.

2. If subconsultant’s 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. Proposal Format:

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

2. Proposals should include, but not be limited to, the following:
a. 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 RFP 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 RFP, 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 PROPOSALS (RFP) FOR IMPACT & CONNECTION FEE NEXUS STUDY The City of Porterville seeks proposals from qualified firms to develop a Development Impact Fee Nexus Study and propose Development Impact Fees (DIF) and connection fees for the City. The City assesses various development impact fees and connection fees on new development and redevelopment to help the City pay for the infrastructure that the new development activity will require. The City’s impact fee program must comply with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600) and the requirements of Assembly Bill 602, effective January 1, 2022.

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.

SCOPE OF SERVICES:

The consultant will respond directly to the Engineering and Project Management Director or their designee on the project. Firms responding to this RFP shall be prepared to deliver products and perform the work necessary to provide the services described within approximately four to five months of the project start date. The selected consultant will perform, but not be limited to the following tasks:

Overview

1. Document Review:
a. AB 1600 Reports completed annually
b. Prior Fee Study/s
c. General Plan/Parks Master Plan/Development Ordinance/Circulation Element d. Capital Improvement Program Budget and capital needs information

2. Findings and Fees: Provide sufficient information, a completed Nexus Study, an updated Circulation Element, and the necessary findings to help the City update the DIF Program as well as the connection fees based on proposed infrastructure requirements to support the City’s General Plan growth projections and the City’s Capital Improvement needs. The Proposer will work with the City Staff to determine other supporting infrastructure (i.e., equipment, vehicles, etc.) or other operational services that could rightfully be included in the fee program to ensure the costs of such supporting infrastructure are paid by development.

3. Meetings: The Proposer shall include attendance at the following meetings, as a minimum, in their proposal. Should the consultant identify a meeting they feel necessary to achieve results beyond the meetings described below, they shall describe them in their proposal. Meetings with staff can be virtual, as needed. Proposer should budget for three on-site meetings to present to Advisory Bodies and City Council. Proposer shall include rates for additional meetings, should they be required. a. Kick-off meeting between Proposer and City staff to review objectives of the study, agree to methodology, confirm project schedule and milestones, and discuss data needs.
b. Data collection and clarification meetings with City staff to obtain relevant information or clarify information required to complete the Nexus Study. c. Review findings with City staff. Proposer to provide information supporting findings and proposed fees.
d. Two stakeholder meetings with groups such as the local Chamber of Commerce and Building Industry Association to explain infrastructure needs and to seek market feasibility input.
e. City council meeting to present Draft Nexus Study and Fee Updates. Discuss methodology and findings, provide a formal presentation, answer questions, and collect input to prepare the final draft.
f. If needed, additional City Council meetings to follow up on the first meeting and present the final draft.

4. Best Practices: Recommend best practices to help ensure effective and accurate assumptions for the Nexus Study, accurate DIF collections, and efficient tracking and reporting on DIF activities as required by AB 1600 and AB 602. a. Fee Accounting: The Proposer shall evaluate the City’s current system of fee accounting and administration and recommend an improved approach, if necessary, consistent with the Mitigation Fee Act and standard accounting principles.
b. Consistent with the City’s overall funding and financing policies, the study should address credits and reimbursements for oversizing and recommend a policy for future Reimbursement Agreements.
c. The Proposer should evaluate the City’s current reporting practices and recommend best practices for annual reports to City Council. d. Fee levels may increase each year to keep pace with inflation. The Proposer should address whether the Consumer Price Index, California Construction Cost Index (CCCI), or another index should be the preferred basis for annual increases, consistent with State law.

5. Report Deliverables: Prepare a DIF Nexus Study and recommend DIF fee updates for submittal to the City Council containing background information, methodology, findings, and recommendations. More specifically, Proposer shall fulfill the following requirements, as a minimum:
a. Administrative Draft: The Proposer will prepare and provide a comprehensive administrative draft, as well as technical reports for each fee category, including but not limited to methodology, findings, supporting justification, recommended DIF, recommendation for the elimination/consolidation of existing fees based on the creation of new fees, methodology for calculating and applying fee credits in each category, and calculations that provide the legal nexus between the fee recommendations and new development as required by law. i. The Proposer will document all work assumptions, analysis procedures, findings, graphics, impacts, and recommendations, with technical documentation in appendices. The administrative draft will include an executive summary and conclusion.
ii. Generally, the administrative draft will consist of a discussion of the framework, project description, applicable statutory/legal framework, methodologies used, analysis, a list of projects to fund and their prioritization by type, and fee and fee credit methodology recommendations.
iii. The administrative draft will include strategies and options for City Council consideration, including but not limited to incentives (fee deferrals or waivers) for affordable housing production. Impact fee revenue will likely be insufficient to address new development infrastructure needs, as envisioned. The Proposer should anticipate working with City staff to refine the project lists and cost estimates and prioritize improvement items to balance revenue generation and economic feasibility considerations. Proposer will include strategies and options for City Council to keep fee levels reasonable and analyze how these options would impact the City’s Capital Improvement Program. iv. The Proposer will revise the administrative draft according to one set of consolidated comments on the draft report from City staff. b. Public Review Draft: Proposer will develop and present a Public Review Draft at stakeholder, advisory body, and City Council meetings as described within this RFP. The purpose of these meetings is to solicit community and stakeholder input. The Proposer shall develop summary information such as visual presentations and printable handouts for these meetings that summarize the findings and analysis from the Public Review Draft.
c. Final Draft: After incorporating input from the administrative and public review drafts, the Proposer shall prepare a final report draft. The Proposer will present the final study to the City Council during a public hearing and make any revisions requested by City Council. The Proposer will assist staff and participate in the presentation to Council if any additional follow-up meetings are needed to complete the adoption of the DIF.

6. Public Noticing: The Proposer shall prepare all required public notices and draft resolutions and ordinances required for City Council public hearings related to adopting the new fees.

7. Additional Tasks: If the Proposer feels that additional deliverables are warranted, they must be identified in the proposal.

8. The Consultant shall provide a working schedule indicating major milestones to complete the work identified in the scope of services above.

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

10. Proposal Content and Organization:
a. Cover Letter: The cover letter shall be signed by an official authorized to bind the proposing entity and shall contain a statement that the proposal is valid for at least ninety (90) days. It shall provide the following:
i. An overview of the proposing entity’s history, ownership, organizational structure, and qualifications.
ii. A description summarizing the Proposer’s experience performing similar services to municipal clients over the years.
iii. Demonstration of experience engaging with agency staff and formal and informal decisionmakers and stakeholders for projects covering similar work.
b. Key Project Staff and Qualifications: The qualified firms shall have extensive experience executing development impact fee nexus studies for agencies of similar size and range of services as the City of Porterville. The qualified firms must be appropriately licensed, staffed, equipped, and financed to perform the work relevant to a project of this nature. The qualified firms shall have proven methodologies for collecting and analyzing data pertinent to a project of this nature and for converting the data to the studies specified in this RFP. Proposers shall provide:
i. An organizational chart and staffing plan for the proposed team, clearly specifying the individual designated as the Project Manager and the amount of their time that would be devoted to this project. ii. Resumes of key project personnel.
iii. Identify any plans to subcontract any portion of the work and provide the same details and qualifications for the subcontracting firms.

1. Failure to disclose subcontractors may result in dismissal of the proposal from consideration.
c. Scope of Services, Work Plan, and Schedule: A successful proposal should outline the methodology, planning, and timing strategies that will result in the development of practical deliverables to the City of Porterville. Proposals should:
i. Demonstrate that the Proposer clearly understands the project and has the experience, skill, and expertise necessary to complete the technical and analytical work on issues related to DIF studies.
ii. Clearly describe the approach and all activities to be undertaken, including engaging City staff, managing the project, and communicating with the City.
iii. Describe internal controls and review them to ensure accuracy and identify any supplemental tasks or recommended alternatives.
iv. Demonstrate the ability to produce the required product in a timely fashion and the ability to present any necessary reports or studies to City staff, elected officials, or the public.
v. Include an estimated project timeline for the development impact fee nexus study and fee updates.
vi. Include a schedule that includes resource (both City employees and vendor employees) requirements, a step-by-step work plan of all activities involved in the conduct of the work, and timelines for those steps, identifying major steps and milestones.

LOCAL AGENCY RESPONSIBILITIES:

The CONSULTANT will report to the CITY’s Contract Administrator. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.

The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.

The CITY’s Contract Administrator (or designee) shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed o Provide access to CITY facilities as required
o Provide available data pertinent to the Project
o Provide CONSULTANT with CITY documents including policies, procedures, regulations and standards pertinent to the Project
o Attend meetings with CONSULTANT, and conduct meetings where appropriate o Provide a list of stakeholders and other agency personnel involved with the Project
o Examine documents submitted to CITY by CONSULTANT and render decisions pertaining thereto in a timely manner

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

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

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

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 Parks Master Plan 03/29/2023 QK
Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

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

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

Project Name:

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

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

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

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

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

SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

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

injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.” SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants Service Agreement

and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By
Date Date
Item No. 10.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Reimbursement for Master Plan Improvements (Adult Day Healthcare Center located at 262 N Second St)
SOURCE: Engineering and Project Management
COMMENT: The developer for a new Adult Day Healthcare Center, Jack Zakaryan, is requesting reimbursement for the cost of installing a new eight-inch water line per City Standards on Second Street between Putnam Avenue and Cleveland Avenue. There are areas in the downtown district that have undersized water mains or have surpassed their service life. In order for development to abide by new building standards, the existing lines need to be upsized or the existing lines have to be replaced since the existing lines are past their service life. The existing water main on Second Street is a four-inch asbestos line which is undersized and past its service life. Staff is aware of the deficiencies in the downtown water infrastructure and there is a program in place to allocate a budget amount each year towards an annual Downtown Pipe Replacement Program. However, funds were not allocated this fiscal year due to other projects taking priority. Funding is available for the improvements from a project that was planned for this fiscal year, but is delayed to next fiscal year due to environmental processing. Since the work is planned to be completed by the contractor, it would expedite the timing of the improvements for the development and residents in the area.

The developer requested multiple bids from qualified general engineering contractors for costs associated with the proposed water replacement on Second Street between Putnam Avenue and Cleveland Street, with the lowest bid being provided by Golden Valley Pipeline of Tulare in the amount of $69,177. A contingency in the amount of $12,823 to cover unforeseen circumstances is required for a total of $80,000. Staff and the developer both agree that this bid is acceptable.

Water revolving funds would be used as the source of funding.

RECOMMENDATION: That the City Council:

1. Authorize a reimbursement to Golden Valley Pipeline in a total amount not to exceed $80,000 from Water Revolving funds upon completion of the work and receipt of an
approved invoice from the Engineering & Project
Item No. 10.

Management Director.

ATTACHMENTS: 1. LOCATOR MAP

2. Golden Valley Pipeline - Bid-for Council
Appropriated/Funded:

Review By:

Department Director:

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

PORTER SLOUGH
ORANGE AVE.A STREET B STREET C STREET
ORANGE AVE. HOCKETT ST. D STREET
MAPLE ST.

VINE AVE.

WALNUT AVE.

ORANGE AVE.

WILLOW ST. FIG ST.

GARDEN AVE.

OAK AVE.

MILL AVE. SECOND ST. THIRD ST. FOURTH ST. KESSING ST. G ST. H STREET KESSING ST.

WILLOW AVE.

CHERRY AVE.

PUTNAM AVE. DIVISION ST.

THURMAN AVE.

CLEVELAND AVE.

HARRISON AVE. HOCKETT ST. E STREET D STREET G STREET F STREET GARDEN ST.

OAK AVE. CONLEY ST. PEARSON AVE. HENRAHAN ST. FOURTH ST. THIRD ST.

SCHOOL AVE.

BELLEVIEW AVE.

NORTH AVE.

DORIS AVE. E STREET EL GRANITO AVE. HAWAII AVE. LIHU AVE. PALM AVE.

ELLEVIEW AVE.

KANAI AVE. MAIN ST. MAIN ST. JAYE ST. JAYE ST. JAYE ST
OLIVE AVE.

OLIVE AV
TON AVE.
pot hole location
pot hole location
PUTNAM AVE.
olive Ave.

CLEVELAND AVE.

GRAND AV
GRAND AVE.

MORTON AVE.

THURMAN AVE.

PUTNAM AVE.

HARRISON AVE.

CITY OF PORTERVILLE

ENGINEERING DIVISION
291 NORTH MAIN STREET
PORTERVILLE, CA. 93257
(559) 782-7462
N
O R T
H

PROJECT
LIMITS

PROJECT
LIMITS

Item No. 11.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Intent to Set a Public Hearing - Parks Impact Fees SOURCE: Engineering and Project Management
COMMENT: As a part of the development of the Parks Master Plan, and in accordance with the Mitigation Fee Act and the Quimby Act, a fee study was completed to establish new Parks Impact Fee amounts based on updated cost estimates for the construction of new parkland and/or parks and recreation facilities and establishing the relationship between new development, the needed facilities, and the estimated costs of those improvements.

City staff endeavors to honor its commitment to the Building Industry Association (BIA) by providing 60-days notice prior to the effective date of new or adjusted impact fees. Notification was sent to the BIA and developers on or before November 4, 2024. Taking into account the 60- days notice and time to review any comments received, it is recommended to hold the public hearing at the regularly scheduled City Council meeting on January 21, 2025.

RECOMMENDATION: That City Council direct the City Clerk to notice a Public Hearing to consider the implementation of the City of
Porterville's Parks Impact Fees update at the meeting of January 21, 2025.

ATTACHMENTS: 1. Impact Fee and Quimby Study - Parks Impact Fee Appropriated/Funded:

Review By:

Department Director:

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

PARKS AND LEISURE MASTER PLAN

IMPACT FEE STUDY

CITY OF PORTERVILLE

AUGUST 2024

IMPACT FEE STUDY

CITY OF PORTERVILLE PARKS AND LEISURE

MASTER PLAN
Prepared for:

City of Porterville
Parks and Leisure Services Department
291 North Main Street
Porterville, CA 93257
Contact Persons:

Sarah Weaver, Project Manager
Phone: (559) 791-7843
Donnie Moore, Parks and Leisure Services Director
Phone: (559) 782-7539
Consultant:

901 East Main Street
Visalia, CA 93292
Contact: Click here to enter text.

Phone: (559) 733-0440
October 2024
© Copyright by Quad Knopf, Inc.

Unauthorized use prohibited.

Project #230150

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page i
Table of Contents
SECTION 1 - Executive Summary .................................................................................................................... 1 SECTION 2 - Inventory and Needs Assessment ......................................................................................... 4 SECTION 3 - Quimby Act .................................................................................................................................... 7 SECTION 4 - Development Impact Fee ......................................................................................................... 9 SECTION 5 - Residential Feasibility Analysis .......................................................................................... 12

List of Tables
Table 2-1 Park Inventory......................................................................................................................................4 Table 2-2 Park Classification by Fee Type.....................................................................................................5 Table 2-3 Proposed Park Cost Estimates .......................................................................................................5 Table 2-4 New Park Acreage Distribution.....................................................................................................6 Table 3-1 Quimby Act Population Growth ....................................................................................................7 Table 3-2 Persons per Household.....................................................................................................................7 Table 3-3 Park Acreage per Housing Unit (Single-family).....................................................................8 Table 3-4 Park Acreage per Housing Unit (Multi-family).......................................................................8 Table 4-1 Park Acreage and Population Growth Matrix..........................................................................9 Table 4-2 Estimated Growth in Population and Dwellings by Housing Type................................9 Table 4-3 Impact Fee Calculation................................................................................................................... 10 Table 4-4 Alternative Residential Impact Fee Calculation.................................................................. 11 Table 4-5 Alternative Non-Residential Impact Fee Calculation........................................................ 11 Table 5-1 Effect of Impact Fees on Estimated Return on Investment............................................ 13

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 1
SECTION 1 - EXECUTIVE SUMMARY
The City of Porterville, as a part of its preparation of a Parks and Leisure Master Plan, has evaluated existing, future, and proposed park facilities within the City. The community’s profile and demographics were evaluated, and representative community and stakeholder input was received via stakeholder interviews, community workshops and surveys, and a Parks and Leisure Services Commission Meeting. An inventory and needs assessment analysis was conducted, and design and development guidelines were established. Utilizing data received during the development stages, goals and policies consistent with the General Plan were established to determine opportunities, prioritization, and facility needs. This Impact Fee Study is based on the results of the analysis that went into the preparation of the Parks and Leisure Master Plan.

There are two fees proposed for update in this Study: a Park Impact Fee and a Quimby Act Fee. Both fees, when implemented together, work to achieve the City’s goal of 4.55 acres per 1,000 persons established in the Parks and Leisure Master Plan. Both fees have been adopted for use by the City of Porterville in the past. The Parks Impact Fee charges new developments an impact fee that can be used by the City to construct new parks (Government Code Section 66002(c)(7). The Quimby Act Fee requires developers of new subdivisions to set aside acreage within the subdivision and to improve it for a new park (Government Code Section 66005(b) and Development Code 407.01). This Study proposes new fee amounts based on updated cost estimates for the construction of new parkland and/or parks and recreation facilities. It should be noted that neither fee can be used to replace existing parks/facilities or for the operation and maintenance of parks. They may only be used to construct new or expand the acreage of existing parkland and/or parks and recreation facilities.

The Park Impact Fee was first adopted by resolution on January 5, 1999, under the Mitigation Fee Act. The Parks and Recreation Element of the City's General Plan identified the impacts of contemplated new development, excluding expansion of existing development, within the General Plan boundaries on existing or planned park facilities, along with an analysis of the need for both a new park facility and expanded park facilities and improvements required by new development. This required Study established and set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements. The fees collected pursuant to this resolution can only finance park facilities described in the City's Park and Recreation Element. As required by the Mitigation Fee Act, changes to or the creation of additional impact fees that fall under the purview of this Act must include a study establishing their need and defining their use in a manner compliant with said Act. Currently, the only changes to the Park Impact Fee are allowed to be made to the annual increase based on the Engineering News-Record (ENR) Cost Index.

This Study provides the information and analysis to comply with the requirements of the Mitigation Fee Act (AB 1600). This Study will identify appropriate Park Impact and Quimby Act Fees for new development within the City of Porterville for parks as established in the 2024 City of Porterville Parks and Leisure Master Plan.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 2
The Quimby Act Fee and the Park Impact Fee are mutually exclusive fees, but the City must clearly establish that the combination of the Quimby Act and Development Impact Fees [DIF] dedications do not together exceed the goals for park acreage in the General Plan. The purpose of this Study is to establish the methodology for establishing Development Impact Fees by calculating the cost to fund facilities required to accommodate growth. Quimby Act Fees must be imposed as a condition of approving a tentative map, but Development Impact Fees are imposed pursuant to general police powers. Quimby Act Fees may only be imposed pursuant to a regulatory scheme adopted by local ordinance; Development Impact Fees are imposed pursuant to an adopted regulatory scheme after adoption by City Council resolution; the Quimby Act contains an express provision addressing developer credit against private improvements, and the Development Impact Fee legislation does not.

The power to exact Development Impact Fees arises from a city’s police power to protect public health, safety, and welfare. After the passage of Proposition 13 in 1978 and the decline in local government revenues, the local government increasingly has relied on impact fees to mitigate the impacts on city facilities and infrastructure created by new development.

Communities have used Development Impact Fees to finance needed improvements or expansions of services that result from the increased service demand caused by new residential, commercial, and industrial development. In 1989, AB 1600 was signed into law in California. This law is codified as Government Code Sections 66000 through 66009. The law was recently amended by the State Legislature in 2022.

All levels of government in the U.S. are limited by the 5th Amendment to the Constitution, “…nor shall private property be taken for public use, without just compensation.” Two U.S.

Supreme Court decisions together provide direction to cities that desire, within the bounds of the Constitution, to charge exactions (impact fees) to offset the impact that new development places on essential city services.

The first case is Nollan v. California Coastal Commission, 483 U.S. 825 (1987). The Nollans proposed the construction of a new two-story home to replace their existing one-story beachfront house overlooking the ocean. The new home was to have the same footprint as the existing home but was going to be taller than the existing home. As a condition of issuing a coastal development permit, the California Coastal Commission required that the Nollans grant a public access easement so that the public could walk across their property along the beach in front of their house. The Nollans successfully argued, and the U.S. Supreme Court held, that the exaction (the grant of public easement) was not related to the impact created by the development (increased building height). The Court set the legal standard that proof of such an “essential nexus” was required if the exaction was to be lawful. The California State Legislature passed AB 1600 in response to this decision. It codified many of the principles laid out in Nollan and established a statewide procedure for exacting certain fees from development projects.

The second Supreme Court case is Dolan v. Tigard 512 U.S. 374 (1994). In this case, Dolan applied to the City of Tigard, Oregon, for an expansion of her hardware store, which was located next to a stream within a floodplain. The city sought to condition the approval of her project upon the dedication to the city of the remaining floodplain land so that no buildings

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 3
could be constructed there. The Supreme Court found that, while the city had demonstrated the required essential nexus (expansion of the store would worsen flooding potential), the exactions the city demanded (give away the remaining land for free) were not roughly proportional to the project's impacts. In this case, the Supreme Court defined a two-part test for the exaction of real property, ruling that in order for a government to require projectspecific exactions, the government must demonstrate that (1) an essential nexus exists between the legitimate public interest and the exaction imposed (as Nollan had held) and that (2) the nature of the exaction must be “roughly proportional” to the impact the project is creating.

In April 2024, the U.S. Supreme Court issued a unanimous decision in Sheetz v. County of El Dorado, 601 U.S. (2024), No. 22-1074, affirming that to comply with the Fifth Amendment of the Constitution, legislatively enacted Development Impact Fees must have an “essential nexus” to the government’s land use interest and a “rough proportionality” to the development’s impact on that interest.

Taken together, these cases, along with AB 1600, require that before a city may establish or increase a Development Impact Fee, it must do the following:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put.

3. Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Amendments to AB 1600 were made in 2022, which established an additional requirement.

Unless special findings can be made, the impact fee should be based on the square footage of the new buildings being constructed. In past studies, the City of Porterville has used square footage or the number of residential units to determine impact fees. This Study will use the square footage of buildings as the basis for proposed impact fees.

This Study proposes that the maximum allowable Quimby Act assessment and Development Impact Fee to provide for new parkland to be as follows:

• Require single-family developments to incorporate 0.0032 acres of miniparks per dwelling unit within the new subdivision (or an equivalent fee1), and require a Development Impact Fee of $3.563 per square foot for the City to use to construct new neighborhood parks.

• Require multi-family developments to incorporate 0.0022 acres of miniparks per dwelling unit within the new development (or an equivalent fee1), and require a Development Impact Fee of $4.720 per square foot for the City to use to construct new neighborhood parks.
1 See Section 3

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 4
SECTION 2 - INVENTORY AND NEEDS ASSESSMENT
Existing park needs were evaluated via an assessment to determine facility conditions.

Through the public outreach process, future park improvements to existing parks were evaluated and prioritized by park classification in Table 2-1 below.

Table 2-1
Park Inventory
In addition to improving parks to meet the growing City’s changing needs, additional park acreage will be needed as the population grows. Population growth is specific to the number of residents living in residential dwelling units. To measure the need for future parks as the City’s population grows, a ratio was calculated that would measure against growth in a manner that kept the park acre ratio to residents proportional to existing conditions.

The City currently has a population of 62,558 and 281.3 acres of parkland. This translates into a ratio of 4.45 park acres per 1,000 population. With this current ratio, the City has maintained a favorable proportion of parks within comfortable walking or biking distance to most residents. Based on estimated population growth, the City’s total park acreage needs to increase by 19.2 acres to 300.5 acres by 2039, an increase of 1.28 acres per year or 6.4 acres every five-year interval, to maintain its current ratio of 4.45.

For purposes of calculating impact fees and Quimby Act Fees, the future growth of park acreage was broken into categories of park classification (minipark, neighborhood park, Existing Park Park Classification Acreage Total Acres
Centennial Park Minipark 0.4

1.4 Lions Minipark Minipark 0.25
Lime Street Minipark Minipark 0.5
North Park Minipark 0.25
Burton Ballfields Neighborhood Park 5.4

20.5 Fallen Heroes Park Neighborhood Park 2.3
Hayes Field Neighborhood Park 7.5
Henry Street Park Neighborhood Park 5.4
Fourth Street Park Community Park 11.8
173.7
Murry Park and Pool Community Park 36.1
Porterville Sports Complex Community Park 72.7
Santa Fe Sportsplex Community Park 12
Veterans Park and Skate Park Community Park 26.5
Zalud Park Community Park 14.6
Butterfield Historic Trail Trailway 23.1
Santa Fe Byway Trailway 14.3
Tule River Parkway Trailway 48.3
Total 281.3

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 5
community park, or regional park). Future growth of parks was then identified as being attributable to the Quimby Act or impact fees as demonstrated in Table 2-2.

Table 2-2
Park Classification by Fee Type
Quimby Act Fees Acres
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Future Park Minipark 0.6
Quimby Act Total 4.2

Impact Fees Acres
Henry Street Park (new) Neighborhood Park 5
Future Park Neighborhood Park 5
Future Park Neighborhood Park 5
Impact Fee Total 15
In the Parks and Leisure Master Plan, a range of cost estimates for developing a hypothetical new park were provided. Cost projections were established using the Opinion of Probable Improvement Cost (OPIC). Unit costs were evaluated by a licensed landscape architect and took into consideration unit costs from actual new parks recently constructed in Central California. The cost of developing parkland includes estimated acquisition and design costs.

The costs in Table 2-3 are based on the costs shown in the Parks and Leisure Master Plan.

Table 2-3
Proposed Park Cost Estimates
Quimby Act Fees Park Classification Acreage Cost
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Future Park Minipark 0.6 $499,900
Quimby Act Total 4.2 $3,499,300

Impact Fees Park Classification Acreage Cost
Henry Street Park
(new portion)
Neighborhood Park 5 $2,040,750

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 6
Future Park Neighborhood Park 5 $4,081,500
Future Park Neighborhood Park 5 $4,081,500
Impact Fee Total 15 $10,203,750
Table 2-4 shows the cost per acre of each of the two programs.

Table 2-4
New Park Acreage Distribution
Proportion of Quimby Act vs.

Impact Fees
% of Total New
Acreage Cost Cost per Acre2

Quimby Act 4.2 Acres 22% $3,499,300 $833,167
Impact Fees 15 Acres 78% $10,203,750 $816,300
Total 19.2 Acres 100% $13,703,050 --
The calculation of the Quimby Act Park Acreage Dedication is intended to result in the provision of 4.2 acres of parkland in the form of miniparks embedded in new residential subdivisions and constructed by the subdivider. The process of calculating the acreage based on the size of the subdivision is found in Section 3 of this report.

The calculation of the impact fee is intended to result in funding for 15 acres of new parkland.

Developers would pay the City fee when occupancy permits for new dwellings are issued.

The process of calculating the acreage based on the size of the subdivision is found in Section 4 of this report.

Both the Quimby Act Fee and the Development Impact Fee are to be charged to new residential development to maintain the 4.45 acres per 1,000 population. 2 Excludes cost of acquisition, planning, and design

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 7
SECTION 3 - QUIMBY ACT
Based on the goals in the Parks and Leisure Master Plan, there would need to be a consistent ratio of 4.45 acres of parkland for every 1,000 persons associated with new population growth to keep up with the population growth estimated through 2039. With a projected population of 67,532 in 2039, there will be a growth of 4,974 persons from today's population. Based on the Quimby Act’s proportional share of new park acreage established in Table 2-4, 22 percent of the proposed 19.2 new park acreage, or 4.2 acres of park, are attributable to Quimby Act Fees. This means the growth of population in 1,000-person increments will result in a need for Quimby Act-related park growth at 0.97 acres per 1,000 persons.

Table 3-1
Quimby Act Population Growth
Current Population 62,558
Population Growth (2039) 67,532
Difference in Population 4,974
Proportional Growth in Park Acreage (4.45*22%/1,000) 0.97/1,000 Quimby Act Park Acreage Dedications are taken at the time developers build a new home.

The need for the growth of parks is attributable to a ratio per 1,000 persons. At the time of building, the total number of persons per household is unknown. To establish an average person per household factor, census data from the American Community Survey was used to calculate, on average, how many persons live in a single-family dwelling unit versus a multifamily dwelling unit.

Table 3-2
Persons per Household
Persons per Household
Single-family Population 50,475 3.3 Total Housing Units SF 15,358 Multi-family Population 10,594 2.3 Total Housing Units MF 4,579 Source: American Community Survey For every 1,000-person growth in the population, the park dedications required under the Quimby Act will make up a total of 0.97 acres per 1,000 population. The share of acreage per person needs to be converted to the number of houses to determine the necessary number of acres per housing unit to dedicate to the Quimby Act share of park expansion. Tables 3-3 and 3-4 demonstrate the distribution and required dedication to maintain the current park per persons ratio in the City of Porterville.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 8
Table 3-3
Park Acreage per Housing Unit (Single-family)
Single-family Home Park Dedication Single-family
Quimby Act per 1,000 population 0.97 acres per 1,000 population Single-family person per household 3.3 persons per household Acres need per 1,000 homes (= 0.97 * 3.3) 3.2 acres per 1,000 homes Acres per housing unit to dedicate 0.0032 acres per single-family home

Table 3-4
Park Acreage per Housing Unit (Multi-family)
Multi-family Home Park Dedication MF
Quimby Act per 1,000 population 0.97 acres per 1,000 population Multi-family person per household 2.3 persons per household Acres need per 1,000 homes (= 0.97 * 2.3) 2.2 acres per 1,000 homes Acres per housing unit to dedicate 0.0022 acres per multi-family home The calculation above provides a scenario where a tangible amount of land must be dedicated and improved as a park to keep up with the built-homes ratio of persons per park acre under the Quimby Act.

At the discretion of the Community Development Director, a tentative map with less than 50 lots or a multi-family development with less than 50 units may pay an in-lieu fee instead of parkland dedication. The in-lieu fee can be calculated by determining the required dedication of park acreage multiplied by the cost per acre, which is based on the higher end of the estimated cost assumptions for new park development project cost/unit (Table 4-3).

If there is an over-dedication of park acreage for a new development – a credit may be calculated to offset the required impact fees for the project. The credit would be calculated by multiplying the cost per acre (Table 4-3) by the number/portion of acres in excess of the required dedication.

Here is an example describing how this is to be implemented:

A new tentative subdivision map is proposed that shows 150 new single-family homes and includes a 0.40-acre parcel for a new park within the subdivision. The Quimby Act Fee requires that 0.48 acres be dedicated and developed for a park (150 lots multiplied by the single-family acres per household factor of 0.0032 equals 0.48 acres). When the tentative map is approved, a condition should be added that requires the 0.40-acre park to be improved to the City’s park standards at developer expense and then dedicated to the City.

In addition, the developer should be required to pay the Development Impact Fee identified in Section 4 of this report as well as a fee of $66,653.36 to cover the 0.08-acre difference between the 0.40 acres dedicated and the 0.48 acres that is required.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 9
SECTION 4 - DEVELOPMENT IMPACT FEE
The City currently has a population of 62,558 and 281.3 acres of parkland. The City is currently at a ratio of 4.45 acres per 1,000 persons. The number of parks and open spaces allocated under the General Plan is larger than is required under the Quimby Act so Development Impact Fees will bridge the shortfall to 4.45 acres per 1,000 persons under new development. To maintain the ratio, the park acreage needs to increase to 300.5 acres by 2039. The total park acreage growth is demonstrated below.

Table 4-1
Park Acreage and Population Growth Matrix
Impact Fee Population Growth
Current Population 62,558
Population Growth (2039) 67,532
Difference in Population 4,974
Current Park Acreage 281.30
Build-out Park Acreage 300.50
Growth in Park Acreage 19.20
As described in Section 3, the Quimby Act land dedication will cover 0.97 per 1,000-person growth in population or 4.2 acres total. This leaves 15.0 acres of the 19.2 needed to be funded by Development Impact Fees. Unlike Quimby Act requirements, impact fees must be charged per square foot of development rather than by a land dedication.

Using the existing ratio of multi-family and single-family homes established in Porterville, the estimated growth in population is distributed proportionally. In Porterville, 75.3 percent of the population lives in single-family homes, and 24.7 percent live in multi-family homes.

Table 4-2 distributes the anticipated population growth by housing type. The table estimates the number of housing units that will house the projected population growth when multiplied by the average number of persons per household.

Table 4-2
Estimated Growth in Population and Dwellings by Housing Type Population Persons per Household Housing units
Total population growth (2039) 4,974
Single-family population (75.3%) 3,745 3.3 1,135
Multi-family population (24.7%) 1,229 2.3 534
State law now presumptively favors that impact fees be charged based on a new building’s square footage. Keeping park acreage proportional to their growth in population, an estimation of the number of housing units, as demonstrated in Table 4-2, is built upon. Table 4-3 takes the estimated number of future dwelling units and divides the total park impact cost by the estimated number of square feet in future homes.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 10
The factor multiplied becomes the total number of square feet of housing units estimated to be built. The total cost for future parks is divided by the total number of square feet; the total impact fee per square foot can be established for both single-family and multi-family.

Table 4-3
Impact Fee Calculation
Total Park Impact Calculation Single-family
Dwelling
Multi-family
Dwelling
Estimated Number of single dwelling Units 1,135 534
Estimated average sq. ft. 1,900 1,000
Total estimated sq. ft. 2,156,500 534,000
Proportion of Cost for 15 Acres of Parkland $7,683,423.75 $2,520326.25 Maximum Allowed Impact fee per sq. ft. $3.563 $4.720
Non-residential land uses are not included in this impact fee. Table 4-3 takes the total number of planned units and multiplies it by the estimated average future residential square feet. Then 75.3 percent of the cost of 15 acres of parkland is divided by the total estimated square feet of future units to arrive at a proposed impact fee for single-family dwellings.

Similarly, 24.7 percent of the total cost of 15 acres of parkland is divided by the total estimated multi-family square footage to arrive at a proposed impact fee for multi-family dwellings.

This fee should be adjusted annually based on the published Construction Cost Index. It is recommended that the City Council adopt new fees and authorize City staff to automatically adjust them each year.

ALTERNATIVE IMPACT FEE CALCULATION THAT INCLUDES NEW NON-RESIDENTIAL

DEVELOPMENT

As an alternative to the maximum allowed impact fee shown in Table 4-3, new nonresidential development could also be required to pay an impact fee. It can be reasonably assumed that non-residential uses have staff that utilize Parks, thus impacting them. The inclusion of requiring non-residential development to pay an impact fee will not necessarily generate more money in fees. What it will do is reduce the impact fee for residential developments. The City can choose to adopt an impact with or without including nonresidential development. If non-residential is included, the fee would be calculated as follows:

The generation of $10,230,750 in fees to fund 15 acres of new parkland would still be the goal. To fairly distribute these costs to new development, we can assume that while residents can frequent parks 16 hours per day, employees of non-residential uses can only frequent parks for at most two hours a day, during lunch hour and ½ hour before and after work. So non-residential uses should contribute 1/9th of fees (or $1,136,750) and

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 11
residential development contribute 8/9ths of fees (or 9,094,000). The residential distribution of the fee between single-family (75.3%) and multi-family (24.3%) development would remain the same as in Table 4-2 and Table 4-3. Table 4-4 shows the alternative calculation of the impact fee when non-residential development is included.

Table 4-5 shows the complementary calculation for an alternative impact fee which includes commercial, office and industrial uses.

Table 4-4
Alternative Residential Impact Fee Calculation
Total Park Impact Calculation Single-family
Dwelling
Multi-family
Dwelling
Estimated Number of single dwelling Units 1,135 534
Estimated average sq. ft. 1,900 1,000
Total estimated sq. ft. 2,156,500 534,000
Proportion of Cost for 15 Acres of Parkland $6,847,782 $2,246,218 Maximum Allowed Impact fee per sq. ft. $3.175 $4.206
Table 4-5
Alternative Non-Residential Impact Fee Calculation
Total Park Impact Calculation Commercial
Uses
Office Uses Industrial
Uses
Estimated undeveloped acres 49 5 1,158
Estimated Potential building sq. ft. of new
development3
533,610 54,450 10,088,496
Estimated ratio of new employees based on
building sq.ft.4

2.5 emp. per
1,000 sq.ft

4.17 emp. per
1,000 sq.ft

1.25 emp. per
1,000 sq.ft
Estimated new employees 1,334 227 12,611
Percentage of non-residential impact 9.4% 1.7% 88.9%
Proportionate share of $1,136,750 $106,854.50 $19,324.75 $1,010,570.75 Maximum Allowed Impact fee per sq. ft. $0.200 $0.355 $0.100 3 Estimating 0.25 Floor Area Ratio (FAR) for commercial and office uses and 0.2 FAR for industrial uses. 4 Based on data in LAUSD School Facilities Plan, February 24, 1998. Table 6-1, “Employees per Square Foot of Building Area,”

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 12
SECTION 5 - RESIDENTIAL FEASIBILITY ANALYSIS
In addition to determining the impact fees related to improvements needed for new development impacts, it is important to consider the implications of imposing fees. It must be understood the level of ability of residential development and land to absorb the added cost of new or increased impact fees in addition to other development costs so that impact fees do not inhibit housing production. Especially in California, it is important that policymakers understand the link between their chosen residential impact fee levels and the impact those fees might have on housing outcomes to balance their community's need for fee revenues with new housing construction. Although impact fees increase housing costs, they also fund public facilities that improve the City, promote quality of life, and enhance land values.

It is important to understand the implications of imposing fees. Development occurs strategically and often with years of research and capital investments during the predevelopment period. Prior to starting construction, a developer must be able to demonstrate to its investors and lenders that a project is financially feasible, meaning that a new housing development will generate sufficient revenues and returns to meet capital obligations.

For a development to be feasible, it must consider its revenues, costs, and return on investment. The anticipated return must be equal to or higher than market-driven return metrics that investors and lenders indicate they will be able to underwrite to determine whether to provide capital funding. The returns can be measured via return on development cost, return on cost (yield on cost), or return on sale (net margin).

An example of an illustrative residual land value analysis is provided below.

Example:

It is assumed that the median home price for a 2,000-square-foot single-family detached home in July 2024 is $362,500. When considering all revenues and costs, the average return on investment is approximately 15 percent.

For purposes of demonstrating how much of an effect these impact fees/Quimby Act fees have on a development return, the table below demonstrates the effect that the change from current to proposed fee costs will have on return on investment. The difference in impact fees may result in the return to be adjusted accordingly.

Parks and Leisure Master Plan Impact Fee Study October 2024 City of Porterville Page 13
Table 5-1
Effect of Impact Fees on Estimated Return on Investment Fee Estimated Return
Current Impact Fees and Quimby Act equivalent fees for
one single-family home
$960 15.0%
Proposed Impact Fees and Quimby Act equivalent fees
for one single-family home
$4,070 14.1%
The proposed fee would increase the cost of a single-family residential unit’s impact fees at 2,000 square feet from $960 to $4,070. When you consider the impact of $3,110 on a home's total return, the margin of return is reduced from $54,375 to $51,265, which represents a return on investment from 15 percent to 14.1 percent.

Revenues and costs fluctuate for each development depending on the specific specifications of the house being built. It is not expected that the difference between existing and proposed fees is significant enough to deter a developer from developing a project because of this increased fee, which would promote a better quality of life in Porterville.

Item No. 12.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: City Easement Conveyance to Southern California Edison (SCE) Company - Well No. 34
SOURCE: Engineering and Project Management
COMMENT: Southern California Edison is requesting an easement from the City for the purpose of extending and maintaining electrical service and related facilities along Redondo Street north to the Well 34 site. This work will provide power for the well pumping station as well as a power source for the "Center" Friant-Kern Canal Turnout and is required for both facilities to function.

RECOMMENDATION: That the City Council:

1. Approve the draft Resolution Authorizing a Grant Deed of Easement to Southern California Edison Company;

2. Accept Southern California Edison's request to have the City convey an easement to extend electrical service and related facilities down Redondo Street to the Well No. 34 site;

3. Authorize the Mayor to sign the Grant of Easement; and

4. Authorize the City Engineer to mail the signed Grant of Easement to Southern California Edison company for
recordation.

ATTACHMENTS: 1. Locator Map

2. Draft Resolution

3. Grant of Easement Document

4. Easement Exhibit
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 12.

RESOLUTION NO. - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING A GRANT DEED OF EASEMENT TO SOUTHERN CALIFORNIA

EDISON COMPANY
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby grants to Southern California Edison Company, its successors and assigns, an easement and right of way to construct, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications in, on, over, under, across and along that certain real property in the County of Tulare, State of California, described as follows:

AN 11.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 SOUTH, RANGE 27

EAST, MOUNT DIABLE BASE AND MERIDIAN, SAID PORTION BEING MORE PARTICULARLY DEPICTED AS “17.52 AC. GROSS” PARCEL ON A RECORD OF SURVEY MAP RECORDED IN BOOK 19, PAGE 96 OF LICENSED SURVEYS, IN

THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, HEREINAFTER REFERRED TO AS “LAND”, THE EASTRLY LINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID “LAND” WITH THE NORTHERLY LINE OF HENDERSON AVENUE, 25.00 FOOT HALFWIDTH, AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID EASTERLY LINE, NORTH 00°18’12” WEST 322.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°18’12” WEST 800.00 FEET TO THE POINT OF TERMINUS.

PASSED, ADOPTED AND APPROVED this 5th day of November, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2 nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)

DISTRICT
San Joaquin Valley

SERVICE ORDER
TD2175301
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
GVM LV-1294-B
APN 240-050-005
APPROVED:

VEGETATION &
LAND

MANAGEMENT
BY
SLS/PM
DATE
08/02/2024
CITY OF PORTERVILLE, a municipal corporation (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of poles, guy wires and anchors, crossarms, wires and other appurtenant fixtures and/or equipment necessary or useful, for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, along and across that certain real property in the County of Tulare, State of California, described as follows:

AN 11.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, SAID PORTION BEING MORE PARTICULARLY DEPICTED AS “17.52 AC. GROSS” PARCEL ON A RECORD OF SURVEY MAP RECORDED IN BOOK 19, PAGE 96 OF LICENSED SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, HEREINAFTER REFERRED TO AS “LAND”, THE EASTERLY LINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID “LAND” WITH THE NORTHERLY LINE OF HENDERSON AVENUE, 25.00 FOOT HALF-WIDTH, AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID EASTERLY LINE, NORTH 00°18’12” WEST 322.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°18’12” WEST 800.00 FEET TO THE POINT OF TERMINUS.

It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.

This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein granted. 2 DSE802389461
TD2175301
EXECUTED this _____ day of _______________________, 20____.

GRANTOR
CITY OF PORTERVILLE, a municipal corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

HENDERSON AVENUE

RECORD OF SURVEY
L.S. 19/96
POR. SE 1/4 OF SEC. 20
T21S, R27E, M.D.B.M. REDONDO STREET

17.52 AC. GROSS
McCOMB AVENUE

THETA AVENUE

WINDSOR COURT SUBDIVISION
S.M. 44/31

WINDSOR COURT SUBDIVISION
S.M. 44/31
CREEKVIEW ESTATES N S.M. 37/66
Item No. 13.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Execute Agreement - Navigation Center Expansion Project
SOURCE: Engineering and Project Management
BACKGROUND:

COMMENT: At its meeting on July 16, 2024, the City Council authorized the distribution of a Request for Proposals (RFP) for the design and installation of a prefabricated dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers as an expansion to the Porterville Navigation Center (PNC).

On September 9, 2024, staff received one (1) proposal in response to the RFP. The lone response was received from TMJ Construction, Inc of Bakersfield as a "Joint Venture" with Andrew Goodwin Design.

Staff reviewed the proposal received in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" to ensure the submitting firm is qualified and that their proposal met the guidelines of the RFP. Staff determined during the review that the firm was both qualified and capable of completing the project however, the proposed estimate for the work far exceeded the anticipated budget for the project.

It is important to note that funding for this project included American Rescue Plan Act (ARPA) funds, which must be allocated to a project before the end of this calendar year, limiting staff's ability to entertain a rebid for the project and leading the desire to attempt negotiations for a reduced scope with the lone responding firm. Before beginning any talks with the submitting firm regarding the costs and options for the project, staff made an effort to contact the other firms listed as plan holders for the project to determine why they did not submit proposals. The responding firms' explanations included; they were not able to provide both the design and the construction of the project, the small size of the project did not justify the distance of travel for them, they did not have enough time in their schedule to accommodate this project, or they did not take on projects that were not already designed.

Item No. 13.

After receiving the multiple responses from the different firms proving their inability or disinterest in participating in the project, staff reached out to the one (1) responding firm to see if any reductions were possible to complete this project closer to the anticipated budget. A modified proposal was provided that accounted for all the requested amenities but at a reduced scale. The revised proposal was in the amount of $2,459,994. An additional $246,000 is necessary for construction contingency (10%) and $100,000 is required for construction management, surveying, quality control and inspection services, equating to a total construction cost of $2,805,994.

As previously stated, funding for this project is provided by ARPA funds in the amount of $2,500,000. An additional $305,994 is required to fully fund the project. There are a few funding options available to staff to cover the shortfall, but those options require a process to implement them. The shortfall in funds predominately affects the contingency portion of the total cost, which would not prevent the project from starting the design process. Staff will bring an item back to City Council at a future date to address and allocate the $305,994 needed before actual construction work starts.

Staff has found the revised proposal acceptable.

ANALYSIS: N/A

ENVIRONMENTAL
REVIEW:

Construction and operation of the proposed buildings is considered a "project" under the California Environmental Quality act as defined in CEQA Guidelines Section 15378. Guidelines Section 15303, New Construction or Conversion of Small Structures, provides an exemption from CEQA for projects that would construct not more than four buildings not exceeding 10,000 square feet in the aggregate, along with minor accessory structures and necessary utilities. Since the proposed project consists of two buildings totaling approximately 3,120 square feet along with minor appurtenant facilities and utilities, the Environmental Coordinator has made a preliminary determination that it is exempt from CEQA under Guidelines Section 15303.

RECOMMENDATION: That the City Council:

1. Finds that construction and operation of the expansion of the Porterville Navigation Center as proposed herein is categorically exempt from the California Environmental
Quality Act under CEQA Guidelines Section 15303, New
Construction or Conversion of Small Structures.

2. Authorizes the Mayor to execute the project contract with TMJ Construction, Inc of Bakersfield (as a "Joint Venture" Item No. 13.
with Andrew Goodwin Design) for the design and
installation of the expansion to the Porterville Navigation Center in the amount of $2,459,994;

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

4. Directs staff to bring an item back to City Council at a future meeting to allocate the additional $305,994 needed to fully fund the construction portion of the project.

ATTACHMENTS: 1. Locator Map

2. Draft Contract Agreement
Appropriated/Funded:

Review By:

Department Director:

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

CONTRACT AGREEMENT

NAVIGATION CENTER EXPANSION PROJECT
BID No. 24/25-SR1975
THIS AGREEMENT, made and entered into this day of , 2024, by and between the City of Porterville, a Municipal Corporation of the State of California, duly organized, existing and acting pursuant to the laws thereof with its principal place of business in the City of Porterville, California, hereinafter designated as the City, party of the first part, and
hereinafter designated as the Contractor, party of the second part, WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE I. The contract documents for the aforementioned project shall consist of the Notice Inviting Sealed Bids, Proposal, Standard Specifications, Special Provisions, Plans and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II. For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees with the City to furnish all materials, equipment, tools and labor and construct facilities for the City; to perform and complete in a good and workmanlike manner all the work shown on the plans and described in the specifications; and to fulfill all other obligations as set forth in the contract documents.

Said awarded contract amount:

ARTICLE III. Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
1 ARTICLE IV. The City hereby promises and agrees to employ said Contractor to provide the materials to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein contained.

ARTICLE V. The Contractor shall have the work completed by summer of 2025. The Contractor shall provide the means necessary to complete the required work within the allotted time frame. Should the Contractor fail to complete this contract, and the work provided therein within the time fixed for such completion, the Contractor shall become liable to the City for all loss and damage which the latter may suffer on account thereof; and it is hereby agreed and understood that it is and will be difficult and impossible to ascertain and determine the actual damage which the City will sustain in the event of, and by reason of, such delay. It is therefore agreed that said Contractor will pay to the City the sum of Three Thousand Dollars ($1,200) per day for each and every day of delay beyond the time herein prescribed in finishing said work as liquidated damages, as herein provided, and in case the same is not paid, agrees that said City may deduct the amount thereof from any money due or that may become due said Contractor under this contract. All deductions from any money due the Contractor are considered to be liquidated damages and not a penalty. This paragraph does not exclude the recovery of damages under other provisions of the Contract Documents.

The Contractor shall not be charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the City, acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers and;
(2) The Contractor, within 10 days from the beginning of any such delay, (unless the Engineer grants a further period of time before the date of final payment under the contract) notifies the Engineer in writing of the cause of delay. The Engineer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of facts shall be final and conclusive on the parties.

Should the contractor fail to begin work or halt work for a period of time equal to one-half (½) the original or amended contract completion time, the City shall call the contract bonds so the work can be completed by the City. Working days shall not include weather days, Saturdays, Sundays, or legal Federal holidays.
2 ARTICLE VI. Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VII. Contractor agrees to indemnify and hold harmless City and all of its officers, agents, employees, and assigns from any and all claims, demands, or causes of action, including related expenses, attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder, regardless of the existence of passive concurrent negligence on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification requirement is not intended to relieve City from liability for the active negligence of City, its officers, agents and employees.

ARTICLE VIII. Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

ARTICLE IX. The Notice Inviting Proposal, Proposal, Non Collusion Affidavit, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Request for Proposals, and the Plans to be provided and approved mentioned therein together with all appendices, all of which are hereto attached, are hereby incorporated in and made part of this Agreement.

ARTICLE X. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

IN WITNESS WHEREOF: The parties hereto have caused this Contract to be executed the day and year first above written.

CITY OF PORTERVILLE
(City Seal)
By _____________________________
ATTEST: Martha A. Flores, Mayor
_________________________________ ___________________________________ Patrice Hildreth, City Clerk Contractor
By ________________________________
Title _______________________________
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 12 RFP #24/25-SR 175

PROPOSAL FORM
RFP No. _SR 1975
Submit this Form, completely filled out and signed, along with your completed Proposal, which must include the below listed items in the Request for Proposal.

Proposal must include the following items:

1. INTRODUCTION

2. LIST OF SUBCONTRACTORS

3. ITEMIZED LIST OF ALL COSTS

4. DESIGN CONCEPT

5. WORK PLAN

6. PROJECT SCHEDULE/TIMELINE

7. REFERENCES

8. GUARANTEE

9. INSURANCE CERTIFICATION
The undersigned offers and agrees to perform all work, upon which the prices are quoted, at the price set on the Proposal Form, if this Proposal is accepted within sixty (45) days of the submission due date. The undersigned certifies that all restroom building equipment and materials specified in this proposal meet or exceed all required standards. The undersigned further agrees that if approved, building installation work will be provided by a licensed contractor qualified to install this type of equipment.

Proposer acknowledges receipt of the following Addenda:_ WARNING: If an addendum or addenda have been issued by the administering agency and not noted above as being received by the Proposer, this proposal may be rejected.

TOTAL COST OF PROPOSAL: $
PROPOSER’S INFORMATION
By signing below, the signee name below is authorized to do so for the listed company, as listed on the Bidders Information section and by electronically signing below, the business named below expressly agrees to execute this contract electronically and each signature signifies as a legally bound e-signature per the U.S. Electronic Signature and Records Association Act and Uniform Electronic Transitions Act.

By signing below, I certify all of the above figures have been carefully checked and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

By signing below, I certify I have visited the project site, aware of existing conditions which affect the "Attachment A"
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 13 RFP #24/25-SR 175
work, and reviewed the Contract Documents, including all Addenda.

By signing below, I certify under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission
Regulations (Chapter 5, Title 2 of the California Administrative Code).

By signing below, I certify under penalty of perjury under the laws of the State of California and the United States of America, that Non-Collusion Declaration of Contractor; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

1. Proposing Firm 2.

Type of Business Corporation Jt. Venture
Partnership
Individual DBA

3. Business Address 4. Telephone Number
( )
City State Zip
Code

5. Fax Number

6. E-mail Address 8. Signature of Authorized Person

7. Name of Authorized Person

LIST OF SUBCONTRACTORS
The undersigned certifies that he/she has used the sub-bids of the following listed Subcontractors in making up his/her Proposal, and that the duly licensed Subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of these Specifications and Plans.

CLASSIFICATION SUBCONTRACTOR ADDRESS & TELEPHONE NO. STATE LICENSE Design/Installation of Prefabricated Dining Hall and Sanitation Facility 14 RFP #24/25-SR 1975__
Date Proposer’s Name
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 15 RFP #24/25-SR 1975__

GUARANTEE
The undersigned guarantees to the Owner
That the construction and installation of work for:

Project:

Contract:

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work of any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within twelve (12) months after the date on which the contract is accepted by the owner, the undersigned agrees to reimburse the Owner, upon demand, for its expense incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the owner, to replace any such material and to repair said work completely without cost to the owner, so that said work will function successfully as originally contemplated.

In the event the owner elects to have said work performed by the undersigned, the owner undersigned agrees that the repairs shall be furnished and installed within a reasonable time after the receipt of the demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred by reason of said failure or refusal.

Contractor:

Business Name:

Name:

Title:

Signature: Date
RFP #24/25-SR 1975 - Design/Installation of Prefabricated Dining Hall and Sanitation Facility Design/Installation of Prefabricated Dining Hall and Sanitation Facility 16 RFP #24/25-SR 1975__

INSURANCE CERTIFICATION
By signing below, I hereby certify that
(Insert company name)
is currently insured by an insurance company that is an “Authorized” carrier by the Insurance Commissioner of the California State Department of Insurance to transact the business of insurance in the State of California and shall be written by insurers with a current A.M. Best Rating of “A-” or better, and a financial size of “VII” or greater. Said insurance will expire on .

I further hereby certify that, as the signer of this Bid Proposal, I have read and understand the City’s insurance requirements as described in the Section entitled “Certificate of Insurance” within these Specifications and that proof of insurance shall be required before the Public Works Services Contract is recommended for award. Such proof shall be provided on an ISO Accord 25(s) form and an endorsement naming the City of Coalinga as additionally insured is on the ISO CG 20 10 11 85 form or any other comparable endorsement, which does not further limit coverage, and which may be approved and accepted by the City.
(Print name)
Signature of Bidder:
(Date)
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 17 RFP #24/25-SR 1975__

REFERENCES
The Proposer shall provide below at least three (3) separate project references with similar size and design of building and restroom services as specified herein for a previous five (5) year period from the issuance of this document.

Reference #1
Client
Contact Name
Phone Number
Email
Project Name
Description and Year Completed
Reference #1
Client
Contact Name
Phone Number
Email
Project Name
Description and Year Completed
Reference #1
Client
Contact Name
Phone Number
Email
Project Name
Description and Year Completed

Item No. 14.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Authorization to Execute Consultant Agreement - Emergency Operations Center & Public Safety Headquarters Design
SOURCE: Engineering and Project Management
COMMENT: At it's meeting on September 17, 2024, the City Council approved the location for the Emergency Operations Center & Public Safety Headquarters, Centennial Plaza, as recommended by COAR Design Group during the first step of the two-step design approach for the project. Staff was directed to begin negotiations for step two of the design process for the approved location with COAR Design Group.

Staff was able to negotiate the contract in the amount of $1,172,500 for design and construction support. An additional $77,500 is necessary for design contingencies for a total design cost of $1,250,000. Funding for this contract is provided by a Cal OES Grant as approved in the 2024/2025 Fiscal Year Budget.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management
Director to execute the Consultant Service Agreement for the design of the Emergency Operations Center & Public
Safety Headquarters Project with COAR Design Group in
the amount of $1,172,500;

2. Authorize a design contract contingency in the amount of $77,500; and

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

ATTACHMENTS: 1. Locator Map

2. Service Agreement
Appropriated/Funded:

Review By:

Item No. 14.

Department Director:

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

PORTERVILLE CITY HALL
EOC

LOCATION

ENGINEERING DIVISION

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

E MORTON AVE

W HARRISON AVE

E THURMAN AVE

W CLEVELAND AVE

E OLIVE AVE

N MAIN ST

N HOCKETT ST
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: November 5, 2024
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and COAR Design Group, hereinafter referred to as "CONSULTANT".

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

Project Name: Emergency Operations Center & Public Safety Headquarters Project Description of Project: In general, the consultant design services as summarized in the Scope of Services as Attachment “A”.

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Million One Hundred Seventy-Two Thousand Five Hundred Dollars, ($1,172,500).

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

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

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement (EOC Design, Step 2)

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

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between Service Agreement (EOC Design, Step 2)

the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
October 3, 2024
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Sarah Weaver
Project Manager, Engineering Division
City of Porterville
291 N. Main Street
Porterville, CA 93257
RE: Request for Proposals Professional Architectural and Engineering Design Services for Porterville Emergency Operations Center
Dear Ms Weaver:

We are pleased to provide this follow up proposal for the design and construction of the EOC Project at the Centennial Building located at Thurmon and Main Street . This proposal is in response to the Site and Facility Assessment Report our office prepared, dated 8/26/2024 as well as our follow up discussions.

Our proposal includes the following disciplines: Civil, Structural, Mechanical, Plumbing, Electrical, Fire Protection and Cost Estimating services. Landscape Architecture, Geotechnical Engineering and Hazardous Materials survey are not included at this time. The following sections include a more detailed explanation of the scope being provided. If there are scope items that are not included, or that are not necessary, we are pleased to adjust the scope to meet your needs.

Based on the concept design work done previously, we understand the project includes modifications to the existing Centennial Building. The modifications will include a renovation of roughly 13,000 SF of existing admin space into a new Emergency Operations and Communications Center. Renovated area will include, dispatch/operations floor, server room, EOC, Offices, conference room, breakroom and fitness area. The proposed modifications to the new EOC will include upgrades to enable the building to meet (or nearly meet) current Essential Service Requirements.

Schematic design work on the project has previously been completed. Our scope will include a limited Schematic Design Phase to validate the prior work and make any necessary recommendations on modifications.

It is anticipated that the budget for the project may be $15.0M. An updated cost estimate will be provided as part of the design effort to verify the actual anticipated cost of the project once we have had time to assess all of the existing conditions impacting the improvements.
"Attachment A"
Porterville EOC Proposal
October 3, 2024

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 We are proposing to offer the following scope of services.

TASK 1: PROJECT INITIATION

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

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

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

4. Establish communication channels with all parties involved.

5. Kick-off meeting with key project personnel and stakeholders to establish objectives, discuss budget, previously prepared design, program and design issues.

TASK 2: SCHEMATIC DESIGN PHASE

1. Perform code analysis on the area of improvements and impacts to overall building/site.

2. Develop updated Preliminary Building Floor Plans and Building Elevations for the existing building modifications.

3. Develop preliminary structural engineering recommendations for the design option.

4. Develop preliminary mechanical and electrical engineering recommendations for the design option.
a. Review upgrades or modifications to existing building electrical service, main electrical panel locations and coordination with PGE for possible new services.

5. Make required submissions to City for Schematic review and approval.

Drawings required for this submittal would include:
b. Code Compliance Plans
c. Demolition Plans
Porterville EOC Proposal
October 3, 2024

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 d. Schematic Floor Plan
e. Schematic Structural, Mechanical and Electrical plans f. Basis-of-Designs for each discipline
g. Statement of Probable Construction Cost

6. Make required presentations to City to review proposed design.

7. Make required modifications to Schematic Design to obtain Schematic Design approval.

8. After obtaining written approval of Schematic Design we will proceed into Design Development.

9. For this Phase, we have included two in person and three virtual coordination meetings with selected staff and stakeholders.

TASK 3: DESIGN DEVELOPMENT PHASE

1. Continued development of Floor Plan and Site Plan.

2. Develop site design modifications for accessibility compliance required modifications.

3. Continue to develop building structural, mechanical, plumbing and electrical systems consistent with design concept.

4. Coordinate with Owner systems for phone/data/cable/Radio requirements.

5. Prepare preliminary Interior Elevations.

6. Prepare preliminary interior material and color boards for review and selection.

7. Work with City to develop Preliminary fixture and furniture (FFE) layouts as a test fit within the design.

8. Meet with City Staff as required to present Design Development Plans and get comments on presented design.

9. After obtaining written approval of the information presented in the Design Development drawings, we will proceed into Construction Documents.

Porterville EOC Proposal
October 3, 2024

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

10. For this Phase, we have included three virtual coordination meetings with selected staff and stakeholders.

TASK 4: CONSTRUCTION DOCUMENTS PHASE

1. Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required civil, architectural, structural, mechanical and electrical design. At this time no landscape scope of work is included. It is assumed for this proposal that the City will provide all required General and Supplementary Conditions and Bidding Information. Submittals will be made at 60%, 95% and final and will include plans, specifications and calculations.

2. Submit plans to City Building Department for Building permit plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included).

3. Meet with City as required to review final design and construction documents.

TASK 5: BIDDING AND CONSTRUCTION ADMINISTRATION PHASE

1. Bidding and Construction Administration services will be provided on an Hourly, Not To Exceed basis, based on the scope identified in Exhibit B.

Services requested in excess of the not to exceed amount will be performed only after approval by the City of additional funding.

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

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

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

2. A Geotechnical Report (not included in scope) is recommended but not likely required for limited scope option (to be confirmed with building official during schematic design) with no foundation improvements anticipated.

Porterville EOC Proposal
October 3, 2024

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

3. Landscape Architectural design services.

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

5. Revisions to Preliminary Design or Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval, such as direction from the Building Official).

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

7. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation.

8. Providing services in conjunction with evaluating substitutions proposed by the Contractor, and making subsequent revisions to Contract Documents resulting from such.

9. Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction.

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

11. Providing "Special Inspection" services required by law or the Contract Documents.

12. Services in conjunction with any required discretionary approvals.

13. Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Easement adjustments, Deeds, construction staking or other documents in conjunction with the project site.

14. Commissioning Services.

15. Preparation of SWPPP studies or reports.

Porterville EOC Proposal
October 3, 2024

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

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

17. Design of photo-voltaic electrical generation systems or solar hot water systems.

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

19. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost.

We propose to provide the stated basic services for a fixed fee of One Million, One Hundred Seven Two Thousand Five Hundred Dollars ($1,172,500.00). Invoices will be submitted monthly for the work completed during the month, on any particular phase in accordance with City Guidelines.

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

Task 1: Project Initiation $ 20,000.00
Task 2: Schematic Design Phase $ 71,500.00
Task 3: Design Development Phase $ 331,500.00
Task 4: Construction Documents Phase $ 604,000.00
Task 5: Bid Support and Construction
Administration Services (Hourly NTE) $ 135,500.00
Reimbursable Expenses $ 10,000.00
TOTAL BASE SCOPE $1,172,500.00
As you probably know, definition of construction cost is always an issue on projects. I have included as Exhibit 'C' a further description of responsibility with respect to the budget and construction cost for this project. The definitions listed are from the AIA Document B141, Owner/Architect Agreement. Although we will not be using the AIA document for our contract, these definitions are useful to understanding what the design team and the Owner's responsibilities are and should be a part of the final contract for the project. As part of our Schematic Design services, we will prepare preliminary estimates, and a report indicating what we expect the project cost will be to include all the requested program elements. At that time we will work with you to adjust the project scope or modify the budget to fit.

Porterville EOC Proposal
October 3, 2024

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 We appreciate the opportunity to present this proposal. We are available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. We are excited about the opportunity to work with you on this project. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 504-0984.

Respectfully,
Jeff Katz, AIA
Principal
Porterville EOC Proposal
October 3, 2024

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

EXHIBIT A

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

COAR DESIGN GROUP - Prime Architect
Principal Architect ..............................................................................$265.00/hr.

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

Project Architect/Manager ..............................................................$205.00/hr.

Design Manager...................................................................................$205.00/hr Job Captain.........................................................................................$165.00/hr.

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

Construction Administrator ................................................................$195.00/hr.

Drafter...................................................................................................$135.00/hr.

Administrative .....................................................................................$ 105.00/hr.

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

Project Manager/Engineer ................................................................$175.00/hr.

Drafter...................................................................................................$150.00/hr.

Administrative ......................................................................................$125.00/hr.

ELEN CONSULTING - Electrical Engineer
Principal................................................................................................$225.00/hr.

Project Engineer ..................................................................................$170.00/hr.

Drafter...................................................................................................$125.00/hr.

Administrative ........................................................................................$80.00/hr.

ZFA - Structural Engineer
Principal................................................................................................$225.00/hr.

Project Manager .................................................................................$175.00/hr.

Senior Drafter .......................................................................................$135.00/hr.

Administration........................................................................................$80.00/hr.

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

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

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

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

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

Porterville EOC Proposal
October 3, 2024

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

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

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

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

POCOCK - Fire Protection
Principal................................................................................................$225.00/hr.

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

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

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

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

A&F ENGINEERING GROUP, INC. - Fire Alarm
Principal................................................................................................$200.00/hr.

Project Engineer ..................................................................................$175.00/hr.

Drafter...................................................................................................$120.00/hr.

Administration........................................................................................$70.00/hr.

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

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

Porterville EOC Proposal
October 3, 2024

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

CONSTRUCTION ADMINISTRATION SERVICES
Scope Description:

A. Consultant shall:

1. Provide input for the pre-bid meeting and attend the pre-bid meeting and site visit.

2. Assist in responding to questions raised during the bidding process.

Prepare Addenda if required to address bidding questions.

3. Submit all Addenda and assist in obtaining approval from City to incorporate into the Permit Set.

4. Attend the project pre-construction meeting

5. Develop ASI and RFI responses as required to support Project Manager requests and to coordinate Contractor questions in the field a. Coordinate all ASI/RFI review by provided consultants b. Set Up and Manage an ASI/RFI/Submittal document to enable all stakeholders to verify status of submittals

6. Review Submittals as required by Contract Documents
a. Coordinate all submittal review by provided consultants b. Set Up and Manage a submittal review document to enable all stakeholders to verify status of submittals

7. Coordinate Work of provided Consultants

8. Provide site visits by Architect and Engineering subconsultants as requested to perform Inspection of the project.

9. Develop As-Built drawings to reflect final field conditions as constructed and turn over all electronic files to the City at the conclusion of construction.

B. Preparation of Documents

1. Consultant shall provide ASI’s as required to reflect changes in scope or modifications made necessary due to changed field conditions based on the direction of the Project Manager

2. Where required, the ASI’s shall include all drawings and specifications required to obtain the construction permits and approvals of the governmental authorities having jurisdiction over the Project.

Porterville EOC Proposal
October 3, 2024

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 C. Subconsultants
Consultant shall contract with the following consultants for Construction Administration services for the Project:

1. Electrical Engineer

2. Mechanical Engineer

3. Civil Engineer

4. Structural Engineer

5. Fire Protection / Fire Alarm Engineer
Porterville EOC Proposal
October 3, 2024

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

CLARIFICATION OF RESPONSIBILITIES
The following articles are restated from AIA Document B141, Owner/Architect Agreement:

2.6.6The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work.

5.1.1The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect.

5.1.2The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction.

5.1.3Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner.

5.2.1Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect.

5.2.3If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in Porterville EOC Proposal
October 3, 2024

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.

5.2.4If a fixed limit of Construction Cost (adjusted as provided in Subparagraph

5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 ....................................give written approval of an increase in such fixed limit; .2 authorize re-bidding or renegotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.

5.2.5If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

6.1The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect.

9.8Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.

9.9The Architect shall have the right to include representation of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project.

Item No. 15.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Renewal of Airport Lease - Sewer Operating Fund SOURCE: Finance
COMMENT: The City's Public Works Department-Sewer Division currently operates sixteen (16) acres (Lot 13) of sludge drying beds at the Porterville Municipal Airport, and also leases 160 acres (Lot 12) of the airport land for the discharge of treated wastewater. The renewable Lease Agreement between the Airport Enterprise Fund and the Sewer Operating Fund expires on December 31, 2024.

The City is requesting renewal of the Lease Agreement effective January 1, 2025, at an annual lease payment of $30,515.07 and adjusted annually at the beginning of each fiscal year by an average of the Los Angeles and San Francisco Consumer Price Index, all items index. Lease terms allow the lease to continue until such time as the subject property is required for Airport development. Staff recommends that City Council renew the Lease Agreement to December 31, 2027.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the Sewer Operating Fund and the
Airport Enterprise Fund and authorize the Mayor to sign said Lease Agreement.

ATTACHMENTS: 1. Draft Lease Agreement

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LEASE AGREEMENT FOR USE OF AIRPORT PROPERTY

LOCATED AT THE PORTERVILLE MUNICIPAL AIRPORT

FOR TREATED WASTE WATER AND BIOSOLIDS DISPOSAL OPERATIONS This Lease Agreement is entered into this 5
th day of November, 2024, by and between
the City of Porterville, a Charter Law City and Municipal Corporation, hereinafter referred to as “City,” and the City of Porterville Airport Enterprise Fund, hereinafter referred to as “Airport.”
WITNESSETH:

1. For and in consideration of the terms, conditions and covenants hereinafter contained, the Airport hereby lets, leases and demises unto the City, and the City hereby hires and takes from the Airport, that real property situated in the City of Porterville, in the County of Tulare, State of California, identified as Lots 12 & 13, as shown on the map attached as Exhibit “A.”

2. This Lease Agreement shall be a three (3) year renewable agreement effective January 1, 2025, and ending on December 31, 2027.

3. City agrees to pay an annual lease payment to the Airport Enterprise Fund in the amount of $30,515.07 adjusted at the beginning of each fiscal year by the rise or fall of the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the Los Angeles and San Francisco CPI, all items index.

4. This agreement shall become null and void in the event the Airport has a need for any or all of the subject property.

Dated this 5
th day of November, 2024.

CITY OF PORTERVILLE
By:_____________________________
Martha A. Flores, Mayor
ATTEST: APPROVED AS TO FORM:

Patrice Hildreth, City Clerk
________________________________ ________________________________ By: Fernando Gabriel-Moraga, Julia Lew, City Attorney
Acting Chief Deputy City Clerk

Item No. 16.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Renewal of Airport Lease - Sports Complex Parking SOURCE: Finance
COMMENT: The City's Sports Complex currently leases 35.23 acres of airport land to supply vehicle parking for the Complex. The parking area is immediately adjacent to the Sports Complex as shown on the attached locator map.

The renewable Lease Agreement between the Airport Enterprise Fund and the City of Porterville expires on December 31, 2024. The City is requesting renewal of the lease agreement effective January 1, 2025, at an annual lease payment of $7,340.41 and adjusted annually at the beginning of each fiscal year by an average of the Los Angeles and San Francisco Consumer Price Index, all items index. Lease terms allow the lease to continue until such time as the subject property is required for Airport development. Annual lease payments are to be made from the Park Development Fund. Staff recommends that City Council renew the Lease Agreement to December 31, 2027.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the City of Porterville and the Airport Enterprise Fund and authorize the Mayor to sign said Lease Agreement.

ATTACHMENTS: 1. Draft Lease Agreement

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LEASE AGREEMENT FOR USE OF AIRPORT PROPERTY

LOCATED AT THE PORTERVILLE MUNICIPAL AIRPORT

FOR PARKING AT THE CITY OF PORTERVILLE SPORTS COMPLEX
This Lease Agreement is entered into this 5
th day of November, 2024, by and between
the City of Porterville, a Charter Law City and Municipal Corporation, hereinafter referred to as “City,” and the City of Porterville Airport Enterprise Fund, hereinafter referred to as “Airport.”
WITNESSETH:

1. For and in consideration of the terms, conditions and covenants hereinafter contained, the Airport hereby lets, leases and demises unto the City, and the City hereby hires and takes from the Airport, that real property situated in the City of Porterville, in the County of Tulare, State of California, identified as 35.23 Acres adjacent to the Sports Center, as shown on the map attached as Exhibit “A.”

2. This Lease Agreement shall be a three (3) year renewable agreement effective January 1, 2025, and ending on December 31, 2027.

3. City agrees to pay an annual lease payment to the Airport Enterprise Fund in the amount of $7,340.41 adjusted at the beginning of each fiscal year by the rise or fall of the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the Los Angeles and San Francisco CPI, all items index.

4. This agreement shall become null and void in the event the Airport has a need for any or all of the subject property.

Dated this 5
th day of November, 2024.

CITY OF PORTERVILLE
By:_____________________________
Martha A. Flores, Mayor
ATTEST: APPROVED AS TO FORM:

Patrice Hildreth, City Clerk
________________________________ ________________________________ By: Fernando Gabriel-Moraga, Julia Lew, City Attorney
Acting Chief Deputy City Clerk

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Consideration of Approval for Renewal of Buxton Retail Recruitment Software
SOURCE: Community Development
COMMENT: At its meeting on October 3, 2023, the City Council authorized a oneyear contract in the amount of $35,000 with Buxton Company, LLC for retail recruitment software services. Since then, Buxton software has been utilized to support local economic development by providing staff with tools and data to assist in attracting retail development as well as to support local economic development efforts. Terms of the executed agreement state that services will automatically renew for subsequent one (1) year periods unless, at least ninety (90) days prior to the last day of the renewal term, either party provides written notice of an intent not to renew. Upon each annual renewal, the fee will increase by 5%.

The City is in receipt of a renewal invoice to extend services with Buxton through October 11, 2025, for $36,750, and seeks the Council’s approval to process the invoice for payment. Buxton software provides staff with custom reports for retail recruitment and economic development. Key features include mobile insight data (Mobilytics) with geofencing, capturing device IDs, and creating visitor demographic profiles. Updated daily, reports offer demographic comparisons, customer trends, and retailer site selection insights.

New features that have been added this year include:
• Geography Comparisons in Configurable Demographics
Reports. This configurable demographic report now features a time-saving feature that allows the comparison of up to five areas at a time for quick and easy comparisons.
• Customizable Census Datasets in Configurable
Demographics Reports. SCOUT’s configurable demographic
reports now gives the ability to customize which Census dataset is used in the report.

Staff has been pleased with the software and the customer service provided to date. Funding for the software is available within the Community Development Department budget.

RECOMMENDATION: That the City Council approve payment of the annual fee of $36,750 for Buxton retail recruitment software services through October 11, 2025.

ATTACHMENTS: 1. Buxton Renewal Invoice

2. Executed Agreement - 2023
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 18.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Consideration of Approval of Side Letter Agreement for the Management Confidential Series
SOURCE: Administrative Services
COMMENT: Within the scope of the Meyers-Milias-Brown Act, City representatives met with representatives of the Management Confidential Series (MCS) and reached an agreement to amend language currently in the Employee Pay & Benefit Plan pertaining to MCS employees. The amendment is necessary to comply with the upcoming changes to the Fair Labor Standards Act (FLSA). The FLSA changes will take effect on January 1, 2025, and are set to increase the salary threshold for overtime pay, causing certain positions within MCS to change from overtime-exempt to overtime-eligible.

City Council acceptance and approval of the side letter agreement is needed before staff executes the letter and is most commonly demonstrated by Council authorization to change or amend, when applicable, those documents that are necessary to implement the points of agreement contained in the letter.

RECOMMENDATION: That the City Council:

1. Approve the side letter agreement amending the
Employee Pay and Benefit Plan pertaining to the
Management Confidential Series employees; and

2. Authorize staff to execute the agreement and amend the Employee Pay and Benefit Plan to reflect the change.

ATTACHMENTS: 1. Side Letter Agreement - MCS FLSA
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
Item No. 18.

Item No. 19.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established the requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending September 30, 2024, are submitted.

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

ATTACHMENTS: 1. Quarterly Financial Status Reports - September 30, 2024
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
2024-2025 2024-2025 2023-2024 2023-2024
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 9,395,000 $ - - $ 8,970,000 $ - -
OTHER TAXES:

SALES AND USE TAX 8,301,435 737,256 8.88% 8,390,000 736,774 8.78% UTILITY USERS TAX 5,250,000 1,368,644 26.07% 5,700,000 1,114,180 19.55% TRANSIENT OCCUPANCY TAX 800,000 - - 785,000 - -
PROPERTY TRANSFER TAX 100,000 31,369 31.37% 100,000 11,430 11.43% FRANCHISE TAX 1,861,134 250,291 13.45% 1,841,134 250,491 13.61% SALES TAX - PUBLIC SAFETY 400,000 70,042 17.51% 400,000 70,581 17.65% PAYMENT IN LIEU OF TAXES 676,084 - - 676,084 156,513 -
LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 1,071,000 323,922 30.24% 1,055,000 241,666 22.91% CONSTRUCTION PERMITS 665,000 265,360 39.90% 655,000 147,131 22.46% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 77,000 - - 65,000 - -
OTHER TAXES 21,000 - - 21,000 - -
REVENUE FROM AGENCIES-GRANTS 14,796,307 15,347 0.10% 13,646,311 - - USE OF MONEY AND PROPERTY 850,065 277,005 32.59% 622,920 281,508 45.19% FINES AND FORFEITURES 22,000 2,024 9.20% 24,500 2,171 8.86% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 122,000 75,040 61.51% 123,000 20,683 16.82% POLICE 578,500 32,794 5.67% 505,000 109,901 21.76%
FIRE 117,000 105,866 90.48% 66,500 132,094 198.64%
LIBRARY 18,000 4,420 24.56% 12,000 4,893 40.78%
RECREATIONAL 317,900 75,615 23.79% 300,521 84,574 28.14% INTERDEPARTMENTAL 2,800,000 979,259 34.97% 2,500,000 697,687 27.91% OTHER 79,454 20,664 26.01% 77,454 21,043 27.17%
OTHER REVENUES 164,000 33,561 20.46% 153,000 20,251 13.24% SUBTOTALS $ 48,482,879 $ 4,668,479 9.63% $ 46,689,424 $ 4,103,571 8.79% OPERATING TRANSFERS 1,424,948 261,751 18.37% 1,404,053 264,581 18.84% DEBT SERVICE TRANSFERS 195,500 60,002 30.69% 195,300 49,894 25.55% TOTALS $ 50,103,327 $ 4,990,232 9.96% $ 48,288,777 $ 4,418,046 9.15%

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2024 AND SEPTEMBER 30, 2023
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAXLICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Quarters Ended September 30, 2024 and September 30, 2023 24-25 23-24 PROPERTY TAXES 0% SALES & USE TAX
16%

UTILITY USERS TAX
27%
LICENSES AND PERMITS 12%
OTHER TAXES 6%
OTHER REVENUES 6%
OPERATING TRANSFERS 7%
CHARGES FOR SERVICES 26%
City of Porterville
General Fund Revenues
Quarter Ended September 30, 2024
2024-2025 2024-2025 2023-2024 2023-2024
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 264,700 $ 7,249 2.7% $ 288,950 $ 6,580 2.3% COMMUNITY PROMOTION 385,202 73,445 19.1% 344,333 80,711 23.4% EMERGENCY - LIBRARY 208,900 28,348 13.6% 633,283 45,846 7.2% EMERGENCY - STORMS 311,000 62,644 20.1% 135,700 63,314 46.7% ADMINISTRATIVE & LEGAL:

CITY MANAGER 634,447 148,452 23.4% 487,770 116,374 23.9% CITY CLERK 372,377 105,806 28.4% 328,130 71,234 21.7%
HUMAN RESOURCES 588,147 132,064 22.5% 458,284 105,715 23.1% CITY ATTORNEY 200,000 - - 200,000 - -
FINANCE:

FINANCE & ACCOUNTING 1,500,148 301,787 20.1% 1,340,386 277,594 20.7% INFORMATION SERVICES 737,576 183,655 24.9% 678,928 150,387 22.2% ADMINISTRATIVE SERVICES 378,608 78,407 20.7% 376,694 85,529 22.7% POLICE PROTECTION 12,721,613 3,168,214 24.9% 12,166,426 2,562,859 21.1% FIRE PROTECTION 5,826,797 1,746,607 30.0% 5,035,134 1,293,837 25.7% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 893,020 167,742 18.8% 808,063 126,887 15.7% ECONOMIC DEVELOPMENT 538,550 121,166 22.5% 528,208 74,155 14.0% PUBLIC WORKS:

ENGINEERING & BUILDING 2,089,961 613,776 29.4% 1,985,770 440,248 22.2% STREET MAINTENANCE 681,093 127,734 18.8% 665,102 134,366 20.2% SIGNALS, SIGNING & STRIPING 417,045 62,266 14.9% 391,661 59,599 15.2% STREET LIGHTING 663,055 121,644 18.3% 637,951 114,505 17.9% STORM DRAINS - - - 95,474 20,234 21.2%
PARKING LOTS 88,955 10,357 11.6% 86,951 12,422 14.3%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,899,133 730,356 25.2% 2,789,869 671,135 24.1% STREET TREES & PARKWAYS 261,903 79,398 30.3% 304,479 44,326 14.6% LEISURE SERVICES 447,120 108,552 24.3% 440,937 84,000 19.1% LEISURE SERVICES - SPECIAL PROG 468,168 122,686 26.2% 449,336 221,962 49.4% SWIMMING POOL 264,132 122,373 46.3% 258,832 123,448 47.7% LIBRARY OPERATIONS 877,962 183,458 20.9% 873,445 156,589 17.9% HOMELESS ENCAMPMENTS 304,664 62,522 20.5% - - -
SPECIAL PROJECTS 55,570 9,485 17.1% 37,955 4,937 13.0%

SUB TOTALS 35,079,846 8,680,193 24.7% 32,828,051 7,148,793 21.8% OPERATING TRANSFERS 200,000 17,250 8.6% 79,000 17,250 21.8% DEBT SERVICE 1,629,657 - - 1,626,622 - -

$ 36,909,503 $ 8,697,443 23.6% $ 34,533,673 $ 7,166,043 20.8%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2024 AND SEPTEMBER 30, 2023
#DIV/0! #DIV/0!
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000

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

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Quarters Ended September 30, 2024 and September 30, 2023 24-25 23-24
LEGISLATIVE 2%
ADMINISTRATIVE & LEGAL 5%
FINANCE 7%
FIRE 20%
PARKS & LEISURE 16%
POLICE 36%
COMMUNITY DEVELOPMENT 3%
PUBLIC WORKS 11%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Quarter Ended September 30, 2024

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2024 AND SEPTEMBER 30, 2023
2024-2025 2024-2025 2023-2024 2023-2024
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 5,625,683 $ 484,102 8.6% $ 5,485,500 $ 507,943 9.3% MEASURE I SALES TAX 11,387,913 1,033,004 9.1% 10,974,000 1,086,345 9.9% AMERICAN RESCUE PLAN ACT 8,457,167 166,111 2.0% 8,308,913 421,384 5.1% SPECIAL GAS TAX 5,298,534 1,068,782 20.2% 4,704,338 1,287,473 27.4% LOCAL TRANSPORTATION FUNDS (LTF) 49,641,951 202,358 0.4% 27,290,500 242,686 0.9% TRAFFIC SAFETY FUND 80,800 12,373 15.3% 101,000 15,711 15.6% ZALUD ESTATE 6,600 1,159 17.6% 6,800 905 13.3%
COMMUNITY DEVELOPMENT BLOCK GRANT 3,559,140 36,331 1.0% 3,170,500 14,727 0.5% TRANSIT 12,538,184 22,288 0.2% - - -
SPECIAL SAFETY GRANTS 906,138 102,729 11.3% 906,071 - - SEWER OPERATING 8,447,800 3,018,713 35.7% 7,444,900 1,792,555 24.1% REFUSE REMOVAL 9,296,448 2,671,843 28.7% 6,991,600 1,705,566 24.4% AIRPORT OPERATIONS 1,747,174 1,467,321 84.0% 1,708,810 572,064 33.5% GOLF COURSE 295,600 66,685 22.6% 250,600 93,210 37.2%
WATER OPERATING 13,539,500 4,285,447 31.7% 13,645,000 3,932,714 28.8% RISK MANAGEMENT 9,450,200 2,418,344 25.6% 9,159,250 2,239,861 24.5% EQUIPMENT MAINTENANCE 4,765,000 1,560,266 32.7% 4,739,200 1,282,093 27.1% LANDSCAPE MAINTENANCE DISTRICT 186,000 - - 177,000 - -
WATER REPLACEMENT 4,245,000 364,997 8.6% 4,012,000 411,503 10.3% SOLID WASTE RESERVE 985,000 257,717 26.2% 961,168 258,169 26.9% SEWER REVOLVING 584,000 149,240 25.6% 433,000 184,777 42.7% TRANSPORTATION DEVELOPMENT 170,000 108,529 63.8% 210,000 59,284 28.2% PARK DEVELOPMENT 50,100 22,897 45.7% 50,100 12,986 25.9% TREATMENT PLANT RESERVE 980,000 365,596 37.3% 1,010,870 217,634 21.5% STORM DRAIN DEVELOPMENT 240,000 92,085 38.4% 230,000 99,480 43.3% BUILDING CONSTRUCTION 2,500 1,440 57.6% 2,000 1,175 58.8%

TOTALS $ 152,486,432 $ 19,980,357 13.1% $ 111,973,120 $ 16,440,245 14.7% $-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Quarters Ended September 30, 2024 and September 30, 2023 24-25 23-24
INTERNAL SERVICE 16%
SPECIAL REVENUE 9%
ENTERPRISE 47%
IMPROVEMENT 5%
GENERAL 23%
City of Porterville
Revenue by Fund Type
Quarter Ended September 30, 2024
2024-2025 2024-2025 2023-2024 2023-2024
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 5,423,690 $ 1,361,675 25.1% $ 4,972,164 $ 1,126,062 22.6% MEASURE I SALES TAX 9,853,312 2,363,458 24.0% 8,353,246 1,480,563 17.7% AMERICAN RESCUE PLAN ACT 737,167 33,007 4.5% 996,454 122,004 12.2% ZALUD ESTATE 41,598 10,118 24.3% 39,480 8,705 22.0%
COMMUNITY DEVELOPMENT BLOCK GRANT 171,600 29,068 16.9% 451,464 49,813 11.0% TRANSIT 6,360,432 1,562,414 24.6% - - -
SPECIAL SAFETY GRANTS 940,418 259,765 27.6% 1,039,625 216,123 20.8% SEWER OPERATING 6,675,085 1,558,195 23.3% 6,299,829 1,387,191 22.0% REFUSE REMOVAL 7,980,817 1,840,939 23.1% 7,427,270 1,675,350 22.6% AIRPORT 1,744,414 851,078 48.8% 1,604,969 466,253 29.1% GOLF COURSE 579,801 151,827 26.2% 562,003 137,289 24.4% WATER OPERATING 11,235,872 2,137,478 19.0% 12,284,741 2,272,771 18.5% RISK MANAGEMENT 10,661,884 4,377,915 41.1% 9,665,230 4,503,034 46.6% EQUIPMENT MAINTENANCE 4,825,530 952,968 19.7% 4,751,272 959,681 20.2% LANDSCAPE MAINTENANCE DISTRICT 235,903 41,291 17.5% 239,870 41,095 17.1%

TOTALS $ 67,467,523 $ 17,531,196 26.0% $ 58,687,617 $ 14,445,934 24.6%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE QUARTERS ENDED
SEPTEMBER 30, 2024 AND SEPTEMBER 30, 2023
0 #DIV/0!
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Quaters Ended September 30, 2024 and September 30, 2023 24-25 23-24
INTERNAL SERVICE 20%
SPECIAL REVENUE 7%
ENTERPRISE 31%
GENERAL 42%
City of Porterville
Expenditures by Fund Type
Quarter Ended September 30, 2024
FY 2024-25 FY 2023-24

REVENUES
Sales Tax - Measure H $ 448,268 483,792
Interest 35,834 23,495
Police Services - 656
TOTAL REVENUES 484,102 507,943

EXPENDITURES
Police Department 540,844 440,520
Fire Department 647,586 498,923
Public Safety Station 60,414 58,995
Library & Literacy 112,831 127,624
TOTAL EXPENDITURES 1,361,675 1,126,062

CAPITAL PROJECTS
Fire Department Classroom/Training 51,082 -
TOTAL CAPITAL PROJECTS 51,082 -
REVENUE OVER/(UNDER) EXPENDITURES $ (928,655) $ (618,119)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Quarters Ended September 30, 2024 and September 30, 2023 FY 2024-25 FY 2023-24

REVENUES
Sales Tax - Measure I $ 892,528 $ 967,140
Sales Tax - Measure R 5,186 -
Interest 133,848 119,159
Police Services 1,442 46
TOTAL REVENUES 1,033,004 1,086,345

EXPENDITURES
Police Department 1,542,613 935,554
Fire Department 791,408 539,292
Streets Program 5,281 5,716
Litter Abatement Program 24,156 -
TOTAL EXPENDITURES 2,363,458 1,480,562

CAPITAL PROJECTS
AC Pavement Repair/Overlay - 175,772
Fire Dept Training Grounds Dev - 118
Fire Station Remodel/Additions - 96,250
Morton Ave Reconstruction 12,674 23,462
Villa St Reconstruction - Olive to Henderson 2,257,603 3,920 TOTAL CAPITAL PROJECTS 2,270,277 299,522
REVENUE OVER/(UNDER) EXPENDITURES $ (3,600,731) $ (693,739)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Quarters Ended September 30, 2024 and September 30, 2023 9/30/2024 9/30/2023

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 1,159 $ (10,118) $ (8,959) $ (7,800) $
Transit 22,288 $ (1,562,414) $ (1,540,126) $ - $
Sewer Operating 3,018,713 $ (1,558,195) $ 1,460,518 $ 405,363 $ Solid Waste 2,671,843 $ (1,840,939) $ 830,904 $ 30,216 $ Airport 1,467,320 $ (851,078) $ 616,242 $ 105,811 $
Golf 66,685 $ (151,827) $ (85,142) $ (44,078) $
Water Operating 4,285,447 $ (2,137,478) $ 2,147,969 $ 1,659,943 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Quarters Ended September 30, 2024 and September 30, 2023 Item No. 20.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of September 30, 2024, and is in compliance with California Government Section 27000, etc., Section 53600, etc. and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

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

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

ATTACHMENTS: 1. Investment Portfolio Summary - September 30, 2024 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF SEPTEMBER 30, 2024

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 9,407,947 $ 9,373,288 4.710% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,556,975 7,661,425 2.150% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 10,254,484 10,254,484 3.600% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 7,357,687 7,357,687 5.041% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,174 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 988,030 1.550% 2/25/2022 2/25/2025 148 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 992,340 3.030% 4/29/2022 4/28/2025 210 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 994,770 3.150% 5/23/2022 5/23/2025 235 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 994,830 3.400% 5/27/2022 5/23/2025 235 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 996,390 4.000% 8/1/2022 8/1/2025 305 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 999,760 4.000% 8/25/2022 8/25/2025 329 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 997,110 4.000% 8/30/2022 8/28/2025 332 3130ATG35 FEDERAL HOME LOAN BANKS 1,000,000 999,850 5.000% 10/17/2022 10/17/2025 382 3133ENR77 FEDERAL FARM CREDIT BANKS 1,000,000 998,840 4.920% 10/12/2022 1/12/2026 469 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 974,100 1.250% 1/26/2022 1/26/2026 483 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,912,340 0.580% 3/18/2021 2/11/2026 499 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 934,479 1.000% 3/23/2021 3/23/2026 539 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 960,860 1.050% 3/25/2021 3/25/2026 541 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 967,390 0.750% 3/30/2021 3/30/2026 546 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 955,820 1.000% 4/29/2021 4/29/2026 576 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 988,210 3.500% 6/28/2022 6/26/2026 634 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 991,410 3.200% 6/29/2022 6/29/2026 637 3130B1VV6 FEDERAL HOME LOAN BANKS 1,000,000 1,000,340 5.500% 7/9/2024 7/9/2026 647 3130B2GY5 FEDERAL HOME LOAN BANKS 1,000,000 999,620 5.200% 8/23/2024 8/12/2026 681 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 947,950 1.000% 8/26/2021 8/26/2026 695 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,894,240 1.040% 9/21/2021 9/21/2026 721 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 947,860 1.100% 9/28/2021 9/28/2026 728 3133ENN89 FEDERAL FARM CREDIT BANKS 2,000,000 1,998,520 4.870% 9/28/2022 9/28/2026 728 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 949,230 1.125% 9/29/2021 9/29/2026 729 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 947,740 1.100% 9/30/2021 9/30/2026 730 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 949,760 1.250% 10/26/2021 10/26/2026 756 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 949,620 1.250% 10/28/2021 10/28/2026 758 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 960,420 0.850% 11/2/2021 10/28/2026 758 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 947,790 1.250% 11/24/2021 11/24/2026 785 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 948,820 1.300% 11/24/2021 11/24/2026 785 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,429,245 1.600% 12/30/2021 12/30/2026 821 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,901,380 1.500% 12/30/2021 12/30/2026 821 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,914,120 1.860% 2/8/2022 2/8/2027 861 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 959,400 2.000% 2/25/2022 2/25/2027 878 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,927,380 2.250% 3/30/2022 3/30/2027 911 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 986,610 3.375% 5/17/2022 5/17/2027 959 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 995,130 3.750% 5/19/2022 5/19/2027 961 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 989,650 3.250% 6/28/2022 6/28/2027 1,001 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 998,770 4.000% 6/29/2022 6/29/2027 1,002 3134H14X8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 1,000,300 5.625% 7/8/2024 7/8/2027 1,011 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 998,900 4.300% 7/28/2022 7/28/2027 1,031 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 989,620 4.230% 9/8/2022 9/8/2027 1,073 3133ERSM4 FEDERAL FARM CREDIT BANKS 1,000,000 1,000,830 4.330% 9/10/2024 9/10/2027 1,075 3130B2WF8 FEDERAL HOME LOAN BANKS 1,000,000 999,620 4.650% 9/27/2024 9/16/2027 1,081 3134HAPM9 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 993,260 3.600% 9/30/2024 9/30/2027 1,095 3134GX3K8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 999,920 5.250% 10/20/2022 10/20/2027 1,115 3134HAGR8 FEDERAL HOME LOAN MORTGAGE CORP 500,000 497,345 4.000% 8/28/2024 8/28/2028 1,428 3130B2WE1 FEDERAL HOME LOAN BANKS 1,000,000 999,260 4.750% 9/27/2024 9/18/2028 1,449 912797LQ8 US TREASURY BILL 1,000,637 1,001,001 4.503% 9/25/2024 12/19/2024 80 912797KJ5 US TREASURY BILL 1,008,953 1,009,194 4.352% 9/25/2024 3/20/2025 171 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 983,360 2.500% 4/28/2020 4/10/2025 192 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 997,380 3.950% 9/8/2022 6/30/2025 273 17298CK64 CITIGROUP INC 1,000,000 962,310 1.000% 8/28/2020 8/28/2025 332 06748XQR5 BARCLAYS BANK 1,000,000 992,550 4.500% 9/12/2022 3/12/2026 528 89114TK84 TORONTO DOMINION BANK 2,000,000 1,887,740 1.050% 6/16/2021 3/16/2026 532 06368EWM0 BANK OF MONTREAL 2,000,000 1,894,460 1.220% 3/17/2021 3/17/2026 533 06048WV56 BANK OF AMERICA 1,000,000 985,640 4.000% 5/5/2022 5/5/2026 582 17290A3E8 CITIGROUP INC 1,000,000 937,930 1.250% 7/1/2021 7/1/2026 639 90279GH44 UBS 1,000,000 997,920 5.650% 7/31/2023 7/31/2026 669 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 940,750 1.400% 9/30/2021 9/30/2026 730

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
48135NNN2 JP MORGAN CHASE FINL CO 2,000,000 2,002,480 5.100% 7/31/2024 7/30/2027 1,033 06048WZ29 BANK OF AMERICA CORP 1,000,000 977,070 6.000% 10/20/2022 10/20/2027 1,115 78014RKF6 ROYAL BANK OF CANADA 1,000,000 994,460 5.450% 1/18/2023 1/18/2028 1,205 61766YMT5 MORGAN STANLEY FIN 1,000,000 996,450 5.150% 1/20/2023 1/20/2028 1,207 25161FUC0 DEUTSCHE BANK 1,000,000 1,006,980 5.150% 2/13/2024 2/13/2029 1,597 90262Y801 UBS SELECT 1,000,564 1,000,564 5.010% 8/28/2024 DAILY 1 90262Y802 UBS SELECT 1,250,260 1,250,260 5.010% 9/30/2024 DAILY 1 23204HLJ5 CERTIFICATE OF DEPOSIT 250,000 249,955 4.500% 10/26/2022 10/28/2024 28 12547CAK4 CERTIFICATE OF DEPOSIT 250,000 249,888 4.600% 2/24/2023 2/24/2025 147 654062LB2 CERTIFICATE OF DEPOSIT 250,000 249,533 4.100% 9/28/2022 3/28/2025 179 02589AC34 CERTIFICATE OF DEPOSIT 250,000 247,560 2.550% 4/17/2022 4/7/2025 189 32022RRW9 CERTIFICATE OF DEPOSIT 250,000 247,765 3.050% 7/25/2022 7/25/2025 298 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 248,195 3.300% 7/27/2022 7/28/2025 301 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 247,528 3.400% 8/15/2022 8/15/2025 319 795451CD3 CERTIFICATE OF DEPOSIT 240,000 238,409 3.350% 8/24/2022 8/25/2025 329 33847GJU7 CERTIFICATE OF DEPOSIT 243,000 245,586 5.150% 9/11/2024 9/11/2025 346 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 244,500 4.150% 10/12/2022 10/14/2025 379 693963AB6 CERTIFICATE OF DEPOSIT 249,000 249,647 4.200% 10/14/2022 10/14/2025 379 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 246,399 4.850% 11/9/2022 11/10/2025 406 05580AM92 CERTIFICATE OF DEPOSIT 248,000 243,784 2.750% 4/22/2022 4/22/2026 569 60425SKA6 CERTIFICATE OF DEPOSIT 249,000 251,019 4.400% 4/24/2023 4/24/2026 571 86158RBA6 CERTIFICATE OF DEPOSIT 249,000 252,628 4.700% 6/30/2023 6/30/2026 638 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 243,004 3.150% 7/21/2022 7/21/2026 659 682325DH5 CERTIFICATE OF DEPOSIT 250,000 254,845 4.800% 4/6/2023 10/6/2026 736 87165FE42 CERTIFICATE OF DEPOSIT 249,000 235,400 1.100% 11/12/2021 11/12/2026 773 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 255,183 5.000% 11/22/2022 11/23/2026 784 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 235,738 1.250% 12/8/2021 12/8/2026 799 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 235,723 1.250% 12/9/2021 12/9/2026 800 052392CH8 CERTIFICATE OF DEPOSIT 248,000 254,051 4.950% 12/16/2022 12/16/2026 807 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 250,194 4.400% 1/18/2023 1/19/2027 841 856285F63 CERTIFICATE OF DEPOSIT 246,000 235,055 1.800% 1/31/2022 2/1/2027 854 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 237,103 1.700% 2/18/2022 2/18/2027 871 011852AD2 CERTIFICATE OF DEPOSIT 248,000 253,191 4.700% 3/8/2027 3/8/2027 889 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 234,781 2.000% 3/9/2022 3/9/2027 890 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 235,251 2.100% 3/15/2022 3/15/2027 896 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 241,914 2.800% 4/29/2022 4/29/2027 941 254673D94 CERTIFICATE OF DEPOSIT 246,000 242,253 3.200% 5/18/2022 5/19/2027 961 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 240,972 3.000% 6/15/2022 6/9/2027 982 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 240,905 3.000% 6/15/2022 6/15/2027 988 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 245,482 3.250% 6/15/2022 6/15/2027 988 472312AA5 CERTIFICATE OF DEPOSIT 249,000 254,837 4.700% 6/29/2023 6/29/2027 1,002 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 241,575 3.300% 8/19/2022 8/19/2027 1,053 89789AAG2 CERTIFICATE OF DEPOSIT 248,000 254,207 4.700% 3/10/2023 9/10/2027 1,075 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 246,219 3.400% 9/14/2022 9/14/2027 1,079 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 246,898 3.500% 9/23/2022 9/23/2027 1,088 530520AB1 CERTIFICATE OF DEPOSIT 249,000 254,217 4.400% 1/17/2023 1/17/2028 1,204 30191MAJ6 CERTIFICATE OF DEPOSIT 249,000 254,072 4.300% 3/27/2024 3/27/2028 1,274 61690U4M9 CERTIFICATE OF DEPOSIT 250,000 256,010 4.400% 4/20/2023 4/20/2028 1,298 00224TAP1 CERTIFICATE OF DEPOSIT 249,000 256,460 4.550% 4/28/2023 4/28/2028 1,306 67054NBJ1 CERTIFICATE OF DEPOSIT 249,000 258,123 4.700% 5/30/2023 5/30/2028 1,338 29669XAT5 CERTIFICATE OF DEPOSIT 248,000 261,246 5.000% 9/20/2023 9/20/2028 1,451 00782JAC6 CERTIFICATE OF DEPOSIT 248,000 261,352 5.000% 9/27/2023 9/27/2028 1,458 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 4/24/2023 4/24/2025 206 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 4.760% 6/21/2023 6/21/2025 264 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 3.900% 4/29/2023 4/29/2028 1,307 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 4.950% 6/25/2023 6/25/2025 268 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 867 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 996 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 1,169 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 4.250% 1/11/2024 1/11/2029 1,564 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 4.365% 3/25/2024 3/25/2029 1,637 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 4.160% 6/12/2024 6/12/2027 985 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 5.000% 7/31/2024 7/31/2029 1,765 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 3.750% 9/17/2024 9/17/2029 1,813 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 32 1338 CERTIFICATE OF DEPOSIT 281,336 281,336 2.720% 10/15/2019 10/15/2024 15 1339 CERTIFICATE OF DEPOSIT 275,607 275,607 2.250% 12/26/2019 12/26/2024 87 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 66 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 100 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 109

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 116 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2023 10/18/2024 18 1345 CERTIFICATE OF DEPOSIT 265,081 265,081 3.150% 6/9/2022 6/9/2027 982 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 994 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 1,024 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 1,023 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 517 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 393 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 11/28/2022 11/28/2024 59 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.650% 11/28/2023 11/28/2024 59 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 1,168 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 448 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.850% 2/2/2024 2/2/2025 125 1356 CERTIFICATE OF DEPOSIT 249,000 249,000 4.700% 4/3/2023 4/3/2026 550 1357 CERTIFICATE OF DEPOSIT 249,000 249,000 4.200% 4/12/2023 4/12/2028 1,290 1358 CERTIFICATE OF DEPOSIT 249,000 249,000 4.140% 4/25/2023 4/25/2027 937 1359 CERTIFICATE OF DEPOSIT 249,000 249,000 5.000% 6/16/2023 6/16/2025 259 1360 CERTIFICATE OF DEPOSIT 249,000 249,000 4.400% 6/2/2023 6/1/2028 1,340 1361 CERTIFICATE OF DEPOSIT 249,000 249,000 4.950% 9/13/2023 4/13/2025 195 1362 CERTIFICATE OF DEPOSIT 249,000 249,000 4.750% 2/13/2024 2/13/2029 1,597 1363 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 3/1/2024 3/1/2028 1,248 1364 CERTIFICATE OF DEPOSIT 249,000 249,000 4.450% 5/8/2024 5/8/2029 1,681 1365 CERTIFICATE OF DEPOSIT 249,000 249,000 4.300% 6/14/2024 6/14/2028 1,353 1366 CERTIFICATE OF DEPOSIT 249,000 249,000 4.170% 7/9/2024 7/9/2027 1,012 1367 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 9/27/2024 9/27/2029 1,823 TOTALS $ 135,530,042 $ 133,828,755

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
9/30/2023 12/31/2023 3/31/2024 6/30/2024 9/30/2024 HOLDINGS MATURITY

3.347% 3.480% 3.430% 3.475% 3.328% 25.512% 627
Comments:

Portfolio holdings as of September 30, 2024, are in compliance with the current Investment Policy. With 25.512% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the fourth calendar quarter ending December 31, 2024, and will be presented during the February 4, 2025 Council meeting.

Item No. 21.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Request for Donation of Surplus Fire Hose to US & Mexico Firefighters United Foundation
SOURCE: Fire
COMMENT: The Fire Department routinely assesses its firefighting equipment to ensure it meets the highest safety and operational standards. Recently, several fire hoses and nozzles have been replaced due to aging, wear, and industry standards, rendering them surplus to the department's current needs. While these hoses no longer meet operational standards, they remain serviceable and could be of significant value to fire departments in need.

US & Mexico Firefighters United is a foundation that assists in facilitating the donation of firefighting equipment from agencies in need, both domestically and internationally. Their mission is to support fire departments that are under-resourced or have been impacted by natural disasters.

Due to the recent hurricanes in the southeastern United States, several fire departments have been devastated by floodwaters, leading to an increase in requests for firefighting equipment. One such request came from the Parrottsville Volunteer Fire Department in Parrottsville, Tennessee. This department serves a 56-square-mile area and provides mutual aid to Cocke County in structure fires and emergencies. During the recent storms, they lost a fully equipped fire truck and much of their firefighting equipment.

US & Mexico Firefighters United is coordinating efforts to provide support to this and other departments affected by natural disasters. The surplus hoses and nozzles can provide immediate aid to these firefighters as they work to rebuild their capabilities.

There is no fiscal impact associated with the donation, as the fire hoses and nozzles have already been deemed surplus and no longer hold value to the department. The cost of transportation of the equipment will be handled by US & Mexico Firefighters United.

The donation of surplus fire hoses and nozzles will directly support firefighters in need, particularly those impacted by recent disasters. By Item No. 21.
partnering with US & Mexico Firefighters United, the unused equipment will be put to good use, assisting communities in need. Staff recommends that the surplus fire hoses and nozzles be donated to US & Mexico Firefighters United for redistribution to fire departments in need, including the Parrottsville Volunteer Fire Department.

RECOMMENDATION: That the City Council authorize the donation of surplus equipment to US & Mexico Firefighters United Foundation.

ATTACHMENTS: 1. USMXFF IRS
Appropriated/Funded:

Review By:

Department Director:

Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager

Item No. 22.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis - Holiday Vendor Market - December 1, 2024
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the Holiday Vendor Market on Sunday, December 1, 2024, at Veterans Park, from 10:00 AM to 5:00 PM. This is a fundraising event for the Club and will feature several merchant vendor booths, along with some informational booths.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved.

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

RECOMMENDATION: That the City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Holiday Vendor Market on December 1, 2024, subject to the
requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. Application and Agreement, Exhibit A, Exhibit B, Exhibit C, 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
Porterville Kiwanis
Holiday Vendor Market
December 1, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon
Public Works Director: No comments.

M. Knight
Fire Marshal: Please see Exhibit C.

C. Dignam
Parks and Leisure Services Director: Vehicles not involved in the event D. Moore to park in permitted parking areas.

Police Lieutenant: Please see Exhibit B.

M. Azevedo
Administrative Service Director: The certificate of insurance and Y. Andrade endorsement page provided are
sufficient. If the event has inflatables
or attractions the vendor must be on the
approved list of vendors with the Parks
and Leisure Department. Additionally,
all participants must have a legal
guardian sign and acknowledge a
risk/waiver of liability releasing the city
from any and all claims.

Field Services Superintendent: We will work with Parks to have trash B. Spry cans delivered.

Field Services Superintendent – Streets: No comments.

J. Baeza
Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: Porterville Kiwanis
Event: Holiday Vendor Market
Event Chairman: Jaime Gomez
Location: Veteran’s Park, Porterville CA
Date of Event: December 1, 2024 (10:00 a.m.-5:00 p.m.)
RISK MANAGEMENT: Conditions of Approval
That Porterville Kiwanis 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 than A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Holiday Vendor Market
December 1, 2024, 10:00 am to 5 pm
Veteran’s Park
Proposed Conditions/Requirements for Event:
 At conclusion of event, event organizers shall ensure the park is promptly cleared of any equipment, booths, or waste
 Event organizers should contact the Patrol Watch Commander (Lieutenant Gurule, Lieutenant Hatch, Lieutenant Ibarra, or Lieutenant Ortiz) to discuss any potential policing needs. They can be reached at (559) 782-7410 or (559) 782-7417.  Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B
City of Porterville/Fire Department
Community Civic Event
Holiday Vendor Market
December 1, 2024 10:00AM
Veterans Park, Porterville
Proposed Conditions/Requirements for community civic event:

Proper spacing between canopies, tents and tarps. All tents, canopies, tarps shall all be fire resistance rated with an affixed and legible tag. Fire extinguishers available and within 75' travel distance to generators and booths. Food trailers shall be disconnected from the towing vehicle and level. All food trucks and trailers with an installed fire extinguisher system shall have a current inspection tag on the fixed extinguishing system (within the last 6 months) and have both a K extinguisher, and a 2A:10BC fire extinguisher (tagged within the last year). There shall be no cooking or frying producing grease laden vapors inside, or under, any tent, tarp, or canopy. Spacing shall comply with the attached guide.

Clayton Dignam
Fire Marshal
Exhibit C, Page 1

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

OUTDOOR FOOD BOOTH REQUIREMENTS
Authority cited: 2019 California Fire Code (CFC)
These standards apply to individual tents, temporary structures, or membrane structures less than 200 square feet in area, and canopies less than 400 square feet in area used as outdoor carnival and fair booths.

A permit is required before any tent or membrane structure larger than 400 square feet can be erected. (California Fire Code 3103.2)
Tents and membrane structures having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the building official and fire code official.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

2. Tents open on all sides which comply with all the following:
a. Individual tents having a maximum size of 700 square feet. b. Aggregate area of multiple tents placed side by side without 12 feet clearance, not exceeding 700 square feet total. c. A minimum clearance of 12 feet to all structures and other tents.

Definitions
Cooking Booth – Booth where food is prepared by a heating or cooking process such as, but not limited to, grilling, frying, barbecuing, flambe′, deep fat frying, baking, warming, or boiling. Deep fat frying – Any cooking operation or process whereby the product floats or is submerged in hot oil during the cooking process.

Vendor Booth – Any booth other than a cooking booth.

Cooking Booth Construction and Location
• All fabrics or membranes covering cooking booths shall be California State Fire Marshal certified flame retardant and be labeled as such.
• Decorative materials shall be inherently fire resistive or shall be treated with a fire-retardant spray. • Flooring materials used within cooking booths and cooking equipment shall be non-combustible or California State Fire Marshal certified fire-retardant. (Exception 3/8” plywood or similar material.) • Each cooking booth shall have at least one exit-way, a minimum 3’ wide and 6’8” high. Booth frames shall not obstruct exit paths. • Cooking booths shall have a minimum clearance of 10’ on at least two sides with clearance of at least 10’ from any vendor booth. • Minimum 12’ separation required between cooking booths with an aggregate size of 400 sq.ft. with sides, or 700 sq.ft. without sides.

Cooking Equipment
• All interior cooking equipment shall be of an approved type, and open-flame cooking shall be located a minimum of 18” from booth back/side drop materials.
• Compressed gas (butane, propane, or natural) equipment shall conform to the following:
• Shut off valves shall be provided at each fuel source; • Cooking appliances shall have an ON-OFF valve located far enough away from the appliance to be safely shut off in case of fire; • Manufactured cooking appliances shall be equipped with a Thermocouple Valve to shut off fuel if flame is extinguished; • The booth operator shall test all connections for leaks with soap and water solution; • Fuel tanks shall be protected from damage and secured in an upright position; • Hoses shall be of a type approved for use with the equipment and fuel type; • Tanks not in use shall be turned off;
• Extra fuel tanks shall not be stored in booths;
• Unused fuel cylinders shall be stored in a secured position.

PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
Wood, Charcoal (Solid Fuels) Cooking
• Use only an electric starter or commercially sold lighter fluid. • Charcoal cooking and storage of lighter fluid is prohibited inside booths. • Charcoal cooking shall be located a minimum of ten 10’ away from booths and in areas away from public access. • Charcoal cooking shall be located at least ten 10’ away from combustible structures and parked vehicles. • Coals shall be disposed of in metal containers with lids approved by the Fire Marshal.

Deep Fat Frying, Flambé, and Wok
• Deep fat frying, flambé, and wok shall be located no closer than 18” from any combustible material. • Cooking areas shall not be accessible to the public.
• Deep fat frying equipment shall be equipped with a temperature regulating device or other method of regulating temperatures approved by the Fire Marshal.
• Separation shall be maintained with a minimum of 3’ clearance between deep fat frying and flambé or open flame cooking.

Vendor Booth Construction and Location
• Each vendor booth shall have at least one exit-way, a minimum of 3’ wide by 6’8” high. Booth frames shall not obstruct exit paths.
• Vendor booths shall have a minimum clearance of 20’ on at least one side, with clearance of at least 10’ from any cooking booth.

Electrical Power
• Generators shall be placed only in locations approved for festival use. • Generators shall not be refueled during event hours. Extra fuel shall not be stored during event hours. • Smoking and open flames shall be prohibited within 25’ of refueling operations. • Extension cords shall be of a grounded type and approved for exterior use.

Fire Extinguishers
• Each cooking booth shall be equipped with a fire extinguisher with a minimum rating of 2A: 10BC. Booths with deep fat frying or flambé cooking shall be equipped with an extinguisher rated for class “K” fires. • Cooking booths shall be equipped with visible and accessible fire extinguishers mounted adjacent to the exit. • For vendor booths, the maximum travel distance to a fire extinguisher with a minimum rating of 2A: 10BC shall not exceed 75’ • Each generator shall be provided with a fire extinguisher with a minimum 40BC rating. The extinguisher shall be located near the generator and accessible at all times.
• All fire extinguishers shall be serviced and tagged annually by a State-licensed contractor.

Miscellaneous
• The Porterville Fire Department shall be provided with a site plan showing emergency access. • All booths are subject to inspection by the Fire Department and any discrepancies will require immediate action. • All cooking areas shall be cleaned regularly to prevent the build-up of grease. • There shall be a competent adult in cooking booths at all times to ensure safety. • Seating shall be a minimum of 15’ from booths with open flame devices or cooking appliances. • The Fire Department shall be provided with a telephone number of the responsible party to contact in case of emergency on a 24 hour basis.

Fire Safety Tips
• Know where fire extinguishers are and how to use them. • Do not leave cooking unattended.
• Do not wear loose-fitting clothing while cooking.
• Remove trash accumulation regularly.
• Keep combustible materials away from heat sources.
• In case of an emergency dial 9-1-1.

The attached “Food Booth Vendor Agreement” must be on site at all times and presented upon request of any Porterville Fire Department Personnel.

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected] Cooking Booth Vendor Agreement
Booth/Space # Business Name
On Site Contact Name Contact Phone #
Cooking Booth Construction and Location

1. Tents, canopies, and decorative material shall be inherently flame-resistive and proof of certification shall be on site at all times.

2. Cooking booth floors may be concrete, asphalt, or plywood over grass and dirt.

3. An emergency access of 36” shall be maintained between the back of each cooking booth and any fencing at all times. NO EXCEPTIONS.

Cooking Equipment

1. Cooking with charcoal, wood, or other solid fuel shall be located a minimum of 10’ away from booths, canopies, combustible material or any public access.

2. Deep fat frying shall be located a minimum of 3’ away from booths, canopies, open flame cooking, combustible material or any public access.

3. Any open flame cooking shall be located a minimum of 18” away from any vertical surface, combustible material or any public access.

4. Extra fuel tanks shall NOT be stored in booths or within 5’ of cooking equipment.

5. All cooking, gas powered, or electrically energized equipment shall meet manufacturer specifications and shall be free of excess cooking oils or any other combustible materials.

Miscellaneous

1. A visible and accessible, 2A:10BC fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided within 20’ of travel in all cooking areas.

2. A visible and accessible Class K portable fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided in all cooking areas with deep fat frying.

3. All cooking areas shall be cleaned regularly to prevent build-up of combustible substances.

4. Extension cords shall be of a grounded type, approved for exterior use, and in good working order.

5. Smoking is not allowed at any time within food booths or within 25’ of any fuel source.

6. Specialized cooking equipment is subject to approval by the Fire Marshal.

Additional Requirements:

The Porterville Fire Department has established these requirements in accordance with the California Fire Code. Your cooperation is required to maintain a high level of fire safety throughout the event. All booths are subject to fire department inspection prior to and at any time during the event. Any discrepancies to the above requirements or any conditions considered a threat to fire and life safety by the Fire Inspector may result in the immediate cessation of cooking.

By signing below, I acknowledge that I have read and agree to comply with all requirements of this contract.

Signature Date

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

Item No. 23.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Consideration of Rescheduling the Community Civic Event - Mother's United Against Gang Violence "United by Kindness"
SOURCE: Finance
COMMENT: On October 1, 2024, the City Council approved the Mother's United Against Gang Violence "United by Kindness" event sponsored by the Porterville First Baptist Church scheduled to take place on Saturday, November 2, 2024. Due to forecasted rain on Saturday, the event sponsors have requested that the Council take action to reschedule the event to Saturday, November 9, 2024. It is proposed that all other conditions for approval remain unchanged.

RECOMMENDATION: That the City Council authorize the rescheduling of the Mother's United Against Gang Violence "United by
Kindness" event from Saturday, November 2, 2024, to
Saturday, November 9, 2024.

ATTACHMENTS: 1. Staff Report 10-01-24
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
Item No. 13.

CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Approval of Community Civic Event – Porterville First Baptist Church – Mother’s United Against Gang Violence “United by Kindness” - November 2, 2024
SOURCE: Finance
COMMENT: The Porterville First Baptist Church is requesting approval to hold the Mother’s United Against Gang Violence “United by Kindness” event on Saturday, November 2, 2024, from 11:00 AM to 4:00 PM at Centennial Park. This event is a community outreach event to celebrate our youth and to promote kindness throughout our community. The event will include performing arts and a talent show festival. The Application requests the closure of Main Street from East Harrison Avenue to East Putnam Avenue, North Second Street from East Thurman Avenue to East Cleveland Ave, West Thurman Avenue and West Cleveland Avenue from North Division to North Main Street, and East Thurman Avenue and East Cleveland Avenue from North Main Street to North Second Street, as indicated on the attached map, from 9:00 AM to 4:00 PM.

The Committee also requests barricades, street sweeping, and refuse pickup. An outside amplifier permit has been approved from 11:00 AM to 3:30 PM.

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, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Porterville First Baptist Church to hold the Mother’s United Against Gang Violence “United by Kindness” event on November 2, 2024, at Centennial Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside
Amplifier Permit.

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

Review By:

Department Director:

Item No. 13.

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

Requirements for Community Civic Event
Porterville 1st Baptist Church
Untied by Kindness
November 2, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon

Public Works Director: No comments.

M. Knight

Fire Marshal: Please see Exhibit C.

C. Dignam
Parks and Leisure Services Director: Vehicles to remain off grass.

D. Moore
Police Lieutenant: Please see Exhibit B.

A. Acevedo

Administrative Service Director: Risk Management requires $1M in Y. Andrade general commercial liability coverage,
naming the City of Porterville as an
additional insured. The certificate of
. insurance must include the attached
endorsement page evidencing the name
insured. If the event has bounce houses
houses or inflatables, the City would
require $2M in general commercial
liability coverage, naming the City as
additional insured and waivers must be
signed.

Exhibit A, Page 1
Field Services Superintendent: We will deliver 5 black 64G containers B. Spry and 5 blue 64G containers Centennial
Park prior to the event. The Coordinator
was instructed to leave the containers in
in the same place as they were dropped
off, at the conclusion of the event.

Field Services Superintendent – Streets: Street department will set up street J. Baeza closure before event and remove
closure after event.

Exhibit A, Page 2
Requirements for Community Civic Event
Sponsor: Porterville 1st Baptist Church
Event: United by Kindness
Event Chairman: Lloyd Johnson
Location: Centennial Park, Porterville Ca
Date of Event: November 2, 2024
RISK MANAGEMENT: Conditions of Approval
That Porterville 1st Baptist Church provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $1,000,000 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 3

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
United by Kindness Talent Show Festival
November 2, 2024, 11 am – 4 pm
Location: Centennial Park
Proposed Conditions/Requirements for Downtown Event:
 City Council approval is required for all street closures.  On all streets approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.  If event organizers anticipate the need for removal of parked vehicles from public roadways related to the event, the affected public roadways must be posted by organizer with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. (Recommend event organizers contact Sergeant Maria Aguillon of the Porterville Police Department/Traffic Unit in order to ensure that signs meet the requirements as established by law).
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  An Outside Amplifier Permit has been approved and granted. However, event organizers shall not allow music to be played so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.
 At conclusion of event, event organizers shall ensure streets are promptly cleared of any vehicles, equipment, booths or anything that could present a hazard to pedestrians or vehicles traveling through this area.
 Event organizers shall contact Sergeant Maria Aguillon no less than 10 days before the event to coordinate and discuss the proposed road closures.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B
City of Porterville/Fire Department
Community Civic Event
Untied by Kindness
November 2, 2024 11:00AM-4:00PM
Centennial Park, Porterville
Proposed Conditions/Requirements for community civic event:

Proper spacing between canopies, tents and tarps. All tents, canopies, tarps shall all be fire resistance rated with an affixed and legible tag. see attached document. Fire extinguishers available and within 75' travel distance to generators and booths. Food trailers shall be disconnected from the towing vehicle and level with towing vehicle disconnected and moved to a parking area. Food vans or trucks should be parked and keys removed from the ignition. All food trucks and trailers with an installed fire extinguisher system shall have a current inspection tag on the fixed extinguishing system (within the last 6 months) and have both a K extinguisher, and a 2A:10BC fire extinguisher (tagged within the last year). There shall be no cooking or frying producing grease laden vapors inside, or under, any tent, tarp, or canopy.

Clayton Dignam
Fire Marshal
Exhibit C, Page 1

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

OUTDOOR FOOD BOOTH REQUIREMENTS
Authority cited: 2019 California Fire Code (CFC)
These standards apply to individual tents, temporary structures, or membrane structures less than 200 square feet in area, and canopies less than 400 square feet in area used as outdoor carnival and fair booths.

A permit is required before any tent or membrane structure larger than 400 square feet can be erected. (California Fire Code 3103.2)
Tents and membrane structures having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the building official and fire code official.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

2. Tents open on all sides which comply with all the following:
a. Individual tents having a maximum size of 700 square feet. b. Aggregate area of multiple tents placed side by side without 12 feet clearance, not exceeding 700 square feet total. c. A minimum clearance of 12 feet to all structures and other tents.

Definitions
Cooking Booth – Booth where food is prepared by a heating or cooking process such as, but not limited to, grilling, frying, barbecuing, flambe′, deep fat frying, baking, warming, or boiling. Deep fat frying – Any cooking operation or process whereby the product floats or is submerged in hot oil during the cooking process.

Vendor Booth – Any booth other than a cooking booth.

Cooking Booth Construction and Location
• All fabrics or membranes covering cooking booths shall be California State Fire Marshal certified flame retardant and be labeled as such.
• Decorative materials shall be inherently fire resistive or shall be treated with a fire-retardant spray. • Flooring materials used within cooking booths and cooking equipment shall be non-combustible or California State Fire Marshal certified fire-retardant. (Exception 3/8” plywood or similar material.) • Each cooking booth shall have at least one exit-way, a minimum 3’ wide and 6’8” high. Booth frames shall not obstruct exit paths. • Cooking booths shall have a minimum clearance of 10’ on at least two sides with clearance of at least 10’ from any vendor booth. • Minimum 12’ separation required between cooking booths with an aggregate size of 400 sq.ft. with sides, or 700 sq.ft. without sides.

Cooking Equipment
• All interior cooking equipment shall be of an approved type, and open-flame cooking shall be located a minimum of 18” from booth back/side drop materials.
• Compressed gas (butane, propane, or natural) equipment shall conform to the following:
• Shut off valves shall be provided at each fuel source; • Cooking appliances shall have an ON-OFF valve located far enough away from the appliance to be safely shut off in case of fire; • Manufactured cooking appliances shall be equipped with a Thermocouple Valve to shut off fuel if flame is extinguished; • The booth operator shall test all connections for leaks with soap and water solution; • Fuel tanks shall be protected from damage and secured in an upright position; • Hoses shall be of a type approved for use with the equipment and fuel type; • Tanks not in use shall be turned off;
• Extra fuel tanks shall not be stored in booths;
• Unused fuel cylinders shall be stored in a secured position.

PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
Wood, Charcoal (Solid Fuels) Cooking
• Use only an electric starter or commercially sold lighter fluid. • Charcoal cooking and storage of lighter fluid is prohibited inside booths. • Charcoal cooking shall be located a minimum of ten 10’ away from booths and in areas away from public access. • Charcoal cooking shall be located at least ten 10’ away from combustible structures and parked vehicles. • Coals shall be disposed of in metal containers with lids approved by the Fire Marshal.

Deep Fat Frying, Flambé, and Wok
• Deep fat frying, flambé, and wok shall be located no closer than 18” from any combustible material. • Cooking areas shall not be accessible to the public.
• Deep fat frying equipment shall be equipped with a temperature regulating device or other method of regulating temperatures approved by the Fire Marshal.
• Separation shall be maintained with a minimum of 3’ clearance between deep fat frying and flambé or open flame cooking.

Vendor Booth Construction and Location
• Each vendor booth shall have at least one exit-way, a minimum of 3’ wide by 6’8” high. Booth frames shall not obstruct exit paths.
• Vendor booths shall have a minimum clearance of 20’ on at least one side, with clearance of at least 10’ from any cooking booth.

Electrical Power
• Generators shall be placed only in locations approved for festival use. • Generators shall not be refueled during event hours. Extra fuel shall not be stored during event hours. • Smoking and open flames shall be prohibited within 25’ of refueling operations. • Extension cords shall be of a grounded type and approved for exterior use.

Fire Extinguishers
• Each cooking booth shall be equipped with a fire extinguisher with a minimum rating of 2A: 10BC. Booths with deep fat frying or flambé cooking shall be equipped with an extinguisher rated for class “K” fires. • Cooking booths shall be equipped with visible and accessible fire extinguishers mounted adjacent to the exit. • For vendor booths, the maximum travel distance to a fire extinguisher with a minimum rating of 2A: 10BC shall not exceed 75’ • Each generator shall be provided with a fire extinguisher with a minimum 40BC rating. The extinguisher shall be located near the generator and accessible at all times.
• All fire extinguishers shall be serviced and tagged annually by a State-licensed contractor.

Miscellaneous
• The Porterville Fire Department shall be provided with a site plan showing emergency access. • All booths are subject to inspection by the Fire Department and any discrepancies will require immediate action. • All cooking areas shall be cleaned regularly to prevent the build-up of grease. • There shall be a competent adult in cooking booths at all times to ensure safety. • Seating shall be a minimum of 15’ from booths with open flame devices or cooking appliances. • The Fire Department shall be provided with a telephone number of the responsible party to contact in case of emergency on a 24 hour basis.

Fire Safety Tips
• Know where fire extinguishers are and how to use them. • Do not leave cooking unattended.
• Do not wear loose-fitting clothing while cooking.
• Remove trash accumulation regularly.
• Keep combustible materials away from heat sources.
• In case of an emergency dial 9-1-1.

The attached “Food Booth Vendor Agreement” must be on site at all times and presented upon request of any Porterville Fire Department Personnel.

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected] Cooking Booth Vendor Agreement
Booth/Space # Business Name
On Site Contact Name Contact Phone #
Cooking Booth Construction and Location

1. Tents, canopies, and decorative material shall be inherently flame-resistive and proof of certification shall be on site at all times.

2. Cooking booth floors may be concrete, asphalt, or plywood over grass and dirt.

3. An emergency access of 36” shall be maintained between the back of each cooking booth and any fencing at all times. NO EXCEPTIONS.

Cooking Equipment

1. Cooking with charcoal, wood, or other solid fuel shall be located a minimum of 10’ away from booths, canopies, combustible material or any public access.

2. Deep fat frying shall be located a minimum of 3’ away from booths, canopies, open flame cooking, combustible material or any public access.

3. Any open flame cooking shall be located a minimum of 18” away from any vertical surface, combustible material or any public access.

4. Extra fuel tanks shall NOT be stored in booths or within 5’ of cooking equipment.

5. All cooking, gas powered, or electrically energized equipment shall meet manufacturer specifications and shall be free of excess cooking oils or any other combustible materials.

Miscellaneous

1. A visible and accessible, 2A:10BC fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided within 20’ of travel in all cooking areas.

2. A visible and accessible Class K portable fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided in all cooking areas with deep fat frying.

3. All cooking areas shall be cleaned regularly to prevent build-up of combustible substances.

4. Extension cords shall be of a grounded type, approved for exterior use, and in good working order.

5. Smoking is not allowed at any time within food booths or within 25’ of any fuel source.

6. Specialized cooking equipment is subject to approval by the Fire Marshal.

Additional Requirements:

The Porterville Fire Department has established these requirements in accordance with the California Fire Code. Your cooperation is required to maintain a high level of fire safety throughout the event. All booths are subject to fire department inspection prior to and at any time during the event. Any discrepancies to the above requirements or any conditions considered a threat to fire and life safety by the Fire Inspector may result in the immediate cessation of cooking.

By signing below, I acknowledge that I have read and agree to comply with all requirements of this contract.

Signature Date

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

Item No. 24.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Request for Street Closure: 30th Annual Myers Christmas Memorial Tree Lighting - December 10, 2024
SOURCE: Administrative Services
COMMENT: Myers Funeral Service and Crematory conducts an annual Christmas Memorial Tree Lighting ceremony at its location at 248 North "E" Street, with this year's 30th annual ceremony scheduled to take place on Tuesday, December 10, 2024. In conjunction with this event, and for the safety of those in attendance, Ernesto Alonzo, Funeral Director of Myers Funeral Service and Crematory, has requested the closure of "E" Street between Putnam and Cleveland Avenues, from 5:00 p.m. to 9:00 p.m.

The ceremony is scheduled to be held in front of Myers Chapel on "E" Street at 7:00 p.m.

In addition to the street closure, Mr. Alonzo submitted an Assembly Permit for the estimated 375 people that is expected to attend this annual event. The Police Department has approved the Assembly Permit, which is attached for the City Council's reference, along with a copy of the required Certificate of Liability Insurance.

RECOMMENDATION: That the City Council approve the closure of "E" Street, between Putnam and Cleveland Avenues, on December
10, 2024, from 5:00 p.m. to 9:00 p.m., subject to the
specified conditions.

ATTACHMENTS: 1. Letter of Request dated October 21, 2024

2. Assembly Permit

3. Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
Item No. 24.

Item No. 25.

CITY COUNCIL AGENDA – NOVEMBER 5, 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 October 15, 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 Item No. 25.
(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.

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, Item No. 25.
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 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 Item No. 25.
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.

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 Item No. 25.

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, 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
Item No. 25.

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. Porterville Army National Guard Armory Daily Census

24. PDF Porterville Army National Guard 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
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Monday, May 8, 2023 15 0 1
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Thursday, May 11, 2023 9 0 0
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Saturday, May 13, 2023 7 0 0
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Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
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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
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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
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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
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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
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Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
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Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
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Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
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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
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Wednesday, July 19, 2023 21 2 1
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Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
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Saturday, July 29, 2023 22 0 0
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Saturday, August 12, 2023 22 0 5
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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
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Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
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Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
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Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
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Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
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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
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Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
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Monday, October 23, 2023 22 2 5
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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
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Friday, January 26, 2025 35 1 4
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Sunday, January 28, 2024 36 1 4
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Thursday, February 1, 2024 36 1 5
Friday, February 2, 2024 36 1 5
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Monday, February 5, 2024 29 1 5
Tuesday, February 6, 2024 33 1 5
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Thursday, February 8, 2024 34 1 5
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Tuesday, February 13, 2024 38 0 5
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
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Monday, March 18, 2024 40 0 9
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Thursday, March 21, 2024 35 0 9
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Saturday, September 14, 2024 33 0 4
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Wednesday, September 18, 2024 30 0 3
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Friday, September 20, 2024 20 0 2
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Wednesday, September 25, 2024 34 0 3
Thursday, September 26, 2024 30 0 3
Friday, September 27, 2024 27 0 3
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Sunday, September 29, 2024 29 0 3
Monday, September 30, 2024 33 0 3
Tuesday, October 1, 2024 31 0 3
Wednesday, October 2, 2024 40 0 4
Thursday, October 3, 2024 31 0 3
Friday, October 4, 2024 31 0 3
Saturday, October 5, 2024 30 0 3
Sunday, October 6, 2024 27 0 3
Monday, October 7, 2024 25 0 2
Tuesday, October 8, 2024 28 0 2
Wednesday, October 9, 2024 26 0 2
Thursday, October 10, 2024 30 0 2
Friday, October 11, 20024 30 0 2
Saturday, October 12, 2024 32 0 3
Sunday, October 13, 2024 27 0 2
Monday, October 14, 2024 27 0 2
Tuesday, October 15, 2024 20 3 2
Wednesday, October 16, 2024 29 0 2
Thursday, October 17, 2024 26 0 2
Friday, October 18, 20204 28 0 2
Saturday, October 19, 2024 27 0 2
Sunday, October 20, 2024 27 0 2
Monday, October 21, 2024 28 0 2
Tuesday, October 22, 2024 28 0 2
Wednesday, October 23, 2024 23 0 2
Thursday, October 24, 2024 29 0 2
Friday, October 25, 20204 31 0 2
Saturday, October 26, 2024 30 0 2
Sunday, October 27, 2024 23 0 2
Monday, October 28, 2024 26 0 2
Tuesday, October 29, 2024 27 0 2

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
1916
Wednesday, May 31, 2023 1713
Thursday, June 1, 20231917
Friday, June 2, 20231717
Saturday, June 3, 20231614
Sunday, June 4, 20232018
Monday, June 5, 2023 2016
Tuesday, June 6, 202322110
Wednesday, June 7, 2023 2319
Thursday, June 8, 2023 2217
Friday, June 9, 2023 221 10
Saturday, June 10, 20231516
Sunday, June 11, 2023 2619
Monday, June 12, 20231817
Tuesday, June 13, 2023 2414
Wednesday, June 14, 2023 2117
Thursday, June 15, 2023 2014
Friday, June 16, 2023 2816
Saturday, June 17, 2023 2017
Sunday, June 18, 2023 2414
Monday, June 19, 2023 2108
Tuesday, June 20, 2023 2806
Wednesday, June 21, 20232804
Thursday, June 22, 2023 2204
Friday, June 23, 20232704
Saturday, June 24, 2023 2604
Sunday, June 25, 2023 2403
Monday, June 26, 2023 2304
Tuesday, June 27, 2023 3005
Wednesday, June 28, 2023 26
06 Thursday, June 29, 2023 2705
Friday, June 30, 2023 2505
Saturday, July 1, 2023 2709
Sunday, July 2, 2023 2533
Monday, July 3, 2023 2433
Tuesday, July 4, 2023 2034
Wednesday, July 5, 2023 2826
Thursday, July 6, 2023 2825
Friday, July 7, 2023 2726
Saturday, July 8, 2023 2825
Sunday, July 9, 2023 3623
Monday, July 10, 2023 2823
Tuesday, July 11, 2023 3424
Wednesday, July 12, 2023 3522
Thursday, July 13, 2023 4727
Friday, July 14, 2023 2720
Saturday, July 15, 2023 2422
Sunday, July 16, 2023 2423
Monday, July 17, 2023 2621
Tuesday, July 18, 2023 2622
Wednesday, July 19, 2023 2121
Thursday, July 20, 2023 2121
Friday, July 21, 2023 2200
Saturday, July 22, 2023 2200
Sunday, July 23, 2023 2200
Monday, July 24, 20232100
Tuesday, July 25, 20232200
Wednesday, July 26, 20232000
Thursday, July 2
7, 20232700
Friday, July 28, 20232500
Saturday, July 29, 20232200
Sunday, July 30, 2023 2200
Monday, July 31, 20232400
Tuesday, August 1, 20232100
Wednesday, August 2, 2023 1900
Thursday, August 3, 2023 2000
Friday, August 4, 20231900
Saturday, August 5, 2023 2600
Sunday, August 6, 2023 2200
Monday, August 7, 2023 2000
Tuesday, August 8, 2023 2503
Wednesday, August 9, 2023 2303
Thursday, August 10, 2023 2003
Friday, August 11, 2023 2305
Saturday, August 12, 2023 2205
Sunday, August 13, 2023 2906
Monday, August 14, 20232505
Tuesday, August 15, 2023 2105
Wednesday, August 16, 2023 2306
Thursday, August 17, 2023 2305
Friday, August 18, 20232205
Saturday, August 19, 2023 2305
Sunday, August 20, 2023 2104
Monday, August 21, 20232505
Tuesday, August 22, 20232205
Wednesday, August 23, 2023 2705
Thursday, August 24, 2023 2205
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
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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
04 Wednesday, January 17, 20243304
Thursday, January 18, 2024 3304
Friday, January 19, 20253304
Saturday, January 20, 20243604
Sunday, January 21, 20243804
Monday, January 22, 20243614
Tuesday, January 23, 20243414
Wednesday, January 24, 20243214
Thursday, January 25, 20243814
Friday, January 26, 20253514
Saturday, January 27, 20243214
Sunday, January 28, 20243614
Monday, January 29, 20243414
Tuesday, January 30, 2024 4015
Wednesday, January 31, 20243615
Thursday, February 1, 20243615
Friday, February 2, 20243615
Saturday, February 3, 2024 2715
Sunday, February 4, 20243315
Monday, February 5, 2024 2915
Tuesday, February 6, 2024 3315
Wednesday, February 7, 20243715
Thursday, February 8, 2024 3415
Friday, February 9, 2024 3705
Saturday, February 10, 2024 3805
Sunday, February 11, 2024 3905
Monday, February 12, 2024 3505
Tuesday, February 13, 2024 3805
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
Saturday, February 17, 2024 40 0 5
Sunday, February 18, 2024 38 0 5
Monday, February 19, 2024 41 0 5
Tuesday, February 20, 2024 43 0 5
Wednesday, February 21, 2024 36 0 5
Thursday, February 22, 2024 39 0 5
Friday, February 23, 2024 36 0 5
Saturday, February 24, 2024 36 0 5
Sunday, February 25, 2024 38 0 5
Monday, February 26, 2024 37 0 5
Tuesday, February 27, 2024 41 0 5
Wednesday, February 28, 2024 41 0 9
Thursday, February 29, 2024 33 0 9
Friday, March 1, 2024 34 0 9
Saturday, March 2, 2024 33 0 9
Sunday, March 3, 2024 33 0 9
Monday, March 4, 2024 35 0 9
Tuesday, March 5, 2024 38 0 9
Wednesday, March 6, 2024 35 0 9
Thursday, March 7, 2024 36 0 9
Friday, March 8, 2024 37 0 9
Saturday, March 9, 2024 37 0 9
Sunday, March 10, 2024 41 0 9
Monday, March 11, 2024 41 0 9
Tuesday, March 12, 2024 42 0 9
Wednesday, March 13, 2024 40 0 9
Thursday, March 14, 2024 40
09 Friday, March 15, 2024 4209
Saturday, March 16, 20243909
Sunday, March 17, 2024 3909
Monday, March 18, 2024 4009
Tuesday, March 19, 2024 4209
Wednesday, March 20, 20243809
Thursday, March 21, 20243509
Friday, March 22, 2024 3709
Saturday, March 23, 2024 4209
Sunday, March 24, 20244209
Monday, March 25, 2024 4109
Tuesday, March 26, 2024 4109
Wednesday, March 27, 2024 4409
Thursday, March 28, 2024 4009
Friday, March 29, 2024 4509
Saturday, March 30, 20244609
Sunday, March 31, 2024 3409
Monday, April 1, 20244609
Tuesday, April 2 2024 3409
Wednesday, April 3, 2024 3809
Thursday, April 4, 20243809
Friday, April 5, 20243109
Saturday, April 6, 2024 2809
Sunday, April 7, 2024 3309
Monday, April 8, 2024 3809
Tuesday, April 9, 2024 4109
Wednesday, April 10, 2024 3909
Thursday, April 11, 2024 3409
Friday, April 12, 2024 33
09 Saturday, April 13, 2024 3809
Sunday, April 14, 2024 3609
Monday, April 15, 2024 3109
Tuesday, April 16, 2024 3409
Wednesday, April 17, 2024 3409
Thursday, April 18, 20243309
Friday, April 19, 2024 2909
Saturday, April 20, 2024 2809
Sunday, April 21, 2024 2909
Monday, April 22, 2024 2809
Tuesday, April 23, 2024 2809
Wednesday, April 24, 2024 2809
Thursday, April 25, 2024 2909
Friday, April 26, 2024 3209
Saturday, April 27, 2024 3009
Sunday, April 28, 2024 3409
Monday, April 29, 2024 2909
Tuesday, April 30, 2024 2808
Wednesday, May 1, 2024 2709
Thursday, May 2, 2024 2609
Friday, May 3, 2024 2909
Saturday, May 4, 2024 2909
Sunday, May 5, 2024 3409
Monday, May 6, 2024 3009
Tuesday, May 7, 2024 3009
Wednesday, May 8, 2024 3009
Thursday, May 9, 2024 3509
Friday, May 10, 2024 3209
Saturday, May 11, 2024 30
09 Sunday, May 12, 2024 3009
Monday, May 13, 2024 3209
Tuesday, May 14, 20243209
Wednesday, May 15, 2024 3209
Thursday, May 16, 2024 3309
Friday, May 17, 2024 3609
Saturday, May 18, 2024 3309
Sunday, May 19, 20243809
Monday, May 20, 2024 3408
Tuesday, May 21, 2024 3009
Wednesday, May 22, 2024 3009
Thursday, May 23, 2024 2907
Friday, May 24, 2024 3408
Saturday, May 25, 2024 3509
Sunday, May 26, 2024 3819
Monday, May 27, 2024 3609
Tuesday, May 28, 2024 3508
Wednesday, May 29, 2024 3207
Thursday, May 30, 2024 3107
Friday, May 31, 2024 2908
Saturday, June 1, 20243009
Sunday, June 2, 2024340 10
Monday, June 3, 2024 3309
Tuesday, June 4, 2024 2708
Wednesday, June 5, 2024 3209
Thursday, June 6, 2024 3109
Friday, June 7, 2024 3008
Saturday, June 8, 2024 3309
Sunday, June 9, 2024 36
09 Monday, June 10, 2024 3509
Tuesday, June 11, 2024 3408
Wednesday, June 12, 2024 2508
Thursday, June 13, 2024 300 10
Friday, June 14, 2024 390 10
Saturday, June 15, 2024 3408
Sunday, June 16, 2024 3408
Monday, June 17, 20243209
Tuesday, June 18, 2024340 10
Wednesday, June 19, 2024 3309
Thursday, June 20, 2024330 11
Friday, June 21, 2024 3009
Saturday, June 22, 2024 2708
Sunday, June 23, 2024 330 10
Monday, June 24, 2024 1607
Tuesday, June 25, 2024 2007
Wednesday, June 26, 2024 3009
Thursday, June 27, 2024 3009
Friday, June 28, 2024 330 10
Saturday, June 29, 2024 340 10
Sunday, June 30, 2024 340 10
Monday, July 1, 2024 300 10
Tuesday, July 2, 2024 350 11
Wednesday, July 3, 2024 2709
Thursday, July 4, 2024 2709
Friday, July 5, 2024 3009
Saturday, July 6, 2024 2909
Sunday, July 7, 2024 320 10
Monday, July 8, 2024 36
011
Tuesday, July 9, 2024 340 10
Wednesday, July 10, 2024 3509
Thursday, July 11, 2024 3509
Friday, July 12, 2024 2608
Saturday, July 13, 2024 3109
Sunday, July 14, 2024 350 10
Monday, July 15, 2024 360 11
Tuesday, July 16, 2024330 10
Wednesday, July 17, 20242909
Thursday, July 18, 2024 1907
Friday, July 19, 20242007
Saturday, July 20, 20242208
Sunday, July 21, 20242208
Monday, July 22, 2024 2408
Tuesday, July 23, 2024 2608
Wednesday, July 24, 20242307
Thursday, July 25, 20242408
Friday, July 26, 2024 2207
Saturday, July 27, 20242207
Sunday, July 28, 2024 2307
Monday, July 29, 2024 2307
Tuesday, July 30, 2024 2107
Wednesday, July 31, 2024 2107
Thursday, August 1, 20242007
Friday, August 2, 2024 2207
Saturday, August 3, 2024 1807
Sunday, August 4, 20242107
Monday, August 5, 2024 2007
Tuesday, August 6, 2024 22
05 Wednesday, August 7, 2024 2506
Thursday, August 8, 20242508
Friday, August 9, 20242004
Saturday, August 10, 2024 1604
Sunday, August 11, 2024 2305
Monday, August 12, 2024 3107
Tuesday, August 13, 20242305
Wednesday, August 14, 2024 2404
Thursday, August 15, 2024 2003
Friday, August 16, 2024 1803
Saturday, August 17, 2024 2304
Sunday, August 18, 2024 2303
Monday, August 19, 2024 2104
Tuesday, August 20, 20242403
Wednesday, August 21, 20242303
Thursday, August 22, 20242403
Friday, August 23, 2024 2903
Saturday, August 24, 2024 1802
Sunday, August 25, 2024 3003
Monday, August 26, 2024 1602
Tuesday, August 27, 20242103
Wednesday, August 28, 2024 2302
Thursday, August 29, 2024 2403
Friday, August 30, 20242303
Saturday, August 31, 2024 2702
Sunday, September 1, 2024 2703
Monday, September 2, 2024 2702
Tuesday, September 3, 2024 2103
Wednesday, September 4, 2024 22 0 3
Thursday, September 5, 2024 27 0 3
Friday, September 6, 2024 33 0 4
Saturday, September 7, 2024 37 0 4
Sunday, September 8, 2024 28 0 3
Monday, September 9, 2024 32 0 4
Tuesday, September 10, 2024 33 0 3
Wednesday, September 11, 2024 22 0 3
Thursday, September 12, 2024 27 0 3
Friday, September 13, 2024 37 0 4
Saturday, September 14, 2024 33 0 4
Sunday, September 15, 2024 38 0 4
Monday, September 16, 2024 33 0 4
Tuesday, September 17, 2024 34 0 4
Wednesday, September 18, 2024 30 0 3
Thursday, September 19, 2024 33 0 4
Friday, September 20, 2024 20 0 2
Saturday, September 21, 2024 21 0 2
Sunday, September 22, 2024 22 0 3
Monday, September 23, 2024 35 0 4
Tuesday, September 24, 2024 33 0 4
Wednesday, September 25, 2024 34 0 3
Thursday, September 26, 2024 30 0 3
Friday, September 27, 2024 27 0 3
Saturday, September 28, 2024 28 0 3
Sunday, September 29, 2024 29 0 3
Monday, September 30, 2024 33 0 3
Tuesday, October 1, 2024 31 0 3
Wednesday, October 2, 2024 40 0 4
Thursday, October 3, 2024 31 0 3
Friday, October 4, 2024 31 0 3
Saturday, October 5, 2024 30 0 3
Sunday, October 6, 2024 27 0 3
Monday, October 7, 2024 25 0 2
Tuesday, October 8, 2024 28 0 2
Wednesday, October 9, 2024 26 0 2
Thursday, October 10, 2024 30 0 2
Friday, October 11, 20024 30 0 2
Saturday, October 12, 2024 32 0 3
Sunday, October 13, 2024 27 0 2
Monday, October 14, 2024 27 0 2
Tuesday, October 15, 2024 20 3 2
Wednesday, October 16, 2024 29 0 2
Thursday, October 17, 2024 26 0 2
Friday, October 18, 20204 28 0 2
Saturday, October 19, 2024 27 0 2
Sunday, October 20, 2024 27 0 2
Monday, October 21, 2024 28 0 2
Tuesday, October 22, 2024 28 0 2
Wednesday, October 23, 2024 23 0 2
Thursday, October 24, 2024 29 0 2
Friday, October 25, 20204 31 0 2
Saturday, October 26, 2024 30 0 2
Sunday, October 27, 2024 23 0 2
Monday, October 28, 2024 26 0 2
Tuesday, October 29, 2024 27 0 2

Item No. 26.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Considering Establishment of Fees Associated with the Main Street Banner Program
SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville plans to utilize the banner poles on Main Street, donated by the Porterville Exchange Club, at the corner of Main Street and Cleveland Avenue to advertise events and/or programs that are held in Porterville. The City may, at its discretion, issue a banner permit to an individual or entity, granting permission to temporarily occupy the designated banner location for the purpose of providing notice to residents and visitors about City-sponsored or City-funded special events open to the public, and that are limited to non-commercial, nonpolitical and of a non-religious nature. Banners on City property/poles must be approved, scheduled and coordinated by the City.

On August 20, 2024, City Council approved a policy on the Exhibition of Federal, State, and City Flags, and Banners from City Buildings and Facilities - All Occasions. Some of the items included in Section C-Street Flags and Banners are: applicants must submit a completed banner permit application at least (90) ninety days prior to the requested installation date; a completed banner design must be submitted at the time of application; banners cannot be hung more than (14) fourteen days prior to the event; and once the banner permit is approved the applicant must arrange for the production of the banner designed to the required specifications.

Consistent with other various City permit applications, it is recommended a permit application processing fee be implemented and paid at the time of the application submittal, with the fee being $20. One other element of the application process is that the applicant must designate a licensed contractor to install and remove the banner following guidelines provided by the City, or remit payment for those services to be provided by the City. In order to cover the cost of two fulltime City employees to provide installation and removal services using a bucket truck, it is recommended that a fee of $300 be established. The Parks and Leisure Services Commission, at its meeting on October 3, 2024, voted unanimously to recommend the application permit fee of $20, and the banner installation/removal services fee of $300.

Item No. 26.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to solicit comment on the
proposed Main Street over-the-street banner fees; and

2. Consider adoption of the draft Resolution approving the new Main Street over-the street application permit
processing fee of $20, and installation/removal fee of $300 if performed by City staff.

ATTACHMENTS: 1. Street Banner Application_2024

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
The City of Porterville utilizes the banner poles on Main Street to advertise events and/or programs that are held in Porterville. The City may, at its discretion, issue a banner permit to an individual or entity, granting permission to temporarily occupy the designated banner location for the purpose of providing notice to residents and visitors about City-sponsored or City-funded special events open to the public, and that are limited to non-commercial, nonpolitical and of a non-religious nature. Banners on City property/poles must be approved, scheduled, and coordinated by the City. The banner permit process follows the City’s Street Banners Policy with the following guidelines:

Applicants must submit a completed banner permit application to the Parks and Leisure Services Department at least 90 days prior to the requested installation date and remit payment of the banner permit application fee ($20). Applications received less than 90 days prior to the requested installation date are subject to the City’s ability to facilitate the request. Applicants may apply for banner locations up to 6 months prior to their installation date.

A completed banner design (including text and graphics) must be submitted to Parks and Leisure Services at the time of application.

Banners promoting specific events cannot be hung more than 14 days prior to the start of the event and must be removed within five days after the completion of the event.

Applicant must designate a licensed contractor to install and remove the banner following guidelines provided by the City or remit payment for those services to be provided by the City ($300).

Once the banner permit is approved, the applicant must arrange for the production of the banner designed to the specifications below. If the banner is not constructed correctly, it will not be installed.

Material must be durable cloth, canvas or vinyl and it is recommended that the final banner be double-sided.
a.

Banners should have reinforced grommets on the top and the bottom for attachment points. The grommets should be spaced at approximately 4 feet intervals. b.
c.Banners should be 3 feet wide and 40 feet in length.
d.Air slots will be spaced approximately 5 feet apart, located at the centerline of banner.

A 1/4-inch synthetic rope shall be sewn in the top and bottom of the banner, extending approximately 3 feet beyond each end.
e.

GUIDELINES

STREET BANNER
Guidelines and
Application
Parks & Leisure
Services
(559) 791-7695 15 E. Thurman Ave., Suite A, Porterville, CA 93257 40 ft.
3 ft.
3 ft.
air slots (see note d.)
rope (see note e.)
grommets (see note b.)
(559) 791-7695 15 E. Thurman Ave., Suite A, Porterville, CA 93257

STREET BANNER
Guidelines and
Application
Parks & Leisure
Services

GROUP/ ORGANIZATION

APPLICANT NAME
First Last

MAILING ADDRESS
Street City Zip Code

PHONE NUMBER EMAIL ADDRESS

BANNER DISPLAY PERIOD

EVENT/ PROGRAM DESCRIPTION
The event or activity that the street banner will be promoting Proposed installation date Proposed removal date

BANNER ARTWORK
A completed banner design (including text and graphics) must be submitted.

Artwork is attached to this application Artwork will be submitted electronically to [email protected]

APPLICATION

AGREEMENT
I have read and understand the terms of the agreement for displaying banners. The organization agrees to indemnify, defend and hold harmless the City of Porterville, its officers, employees and agents from any claim of liability or responsibility for any accident, loss or damage to persons or property arising out of or resulting from the installation or display of banners.

Signature: Date:

BANNER
PERMIT FEE:
$20
Paid to City of Porterville
Banner will be installed by a licensed contractor.

Contractor Name:

INSTALLATION
Banner will be installed by the City of Porterville.
($300 installation fee)
RESOLUTION NO. -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ADOPTING FEES AND CHARGES FOR MAIN STREET BANNERS
BE IT HEREBY RESOLVED by the City Council of the City of Porterville that the following fees and charges are hereby adopted to become effective November 6, 2024.

Main Street Banner Fees:

Main Street banner application permit $20.00
Installation and removal of Main Street banner $300.00
ADOPTED this 5th day of November, 2024.
_______________________________
Martha A. Flores, Mayor
Attest:

Patrice Hildreth, City Clerk
By: ____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 27.

CITY COUNCIL AGENDA – NOVEMBER 5, 2024
SUBJECT: Consideration of Amendment to Series 200 of the Porterville Development Ordinance for Family HealthCare Network
SOURCE: Community Development
BACKGROUND: Family HealthCare Network (Applicant) offers medical, dental, optometry, and other specialty services from its facilities located at 1133 and 1137 W. Poplar Avenue (APNs 268-060-030 and -038).

The Applicant is proposing the development of a parking lot on property located off the site of the main facility. The subject site (APN 268-021-031) is located across the street on the southwest corner of SR 190 and S. Prospect Street, outside the city limits but within the Urban Development Boundary. It has a General Plan Land Use designation of Low-Density Residential and is pre-zoned as RS-1 Very Low-Density Residential. The proposed use is not permitted within the RS-1 district. On August 30, 2023, the Project Review Committee (PRC) met with the applicant to provide comments on the project (PRC 2023-030). Staff outlined the overall process necessary to facilitate the new parking area, which includes an amendment to the text of the Porterville Development Ordinance (PDO), annexation, and compliance with the various departments’ development standards.

COMMENT: N/A
ANALYSIS: In order to allow the development of the proposed off-site parking lot, the applicant is requesting a text amendment to Series 200 of the Porterville Development Ordinance to permit off-site parking in residential zones under limited circumstances subject to a CUP.

Residential zone districts exist to support a variety of residential uses and to maintain and enhance the city’s neighborhoods. They also allow for limited land uses that are appropriate within and complementary to a residential environment, therefore ensuring the provision of services and facilities needed to accommodate planned development and population growth. Allowable non-residential uses in the various residential zones are identified in Table 201.02 and include clubs and lodges, community centers, parks, religious facilities, residential care facilities, and schools, among others.

Item No. 27.

Section 2.7 of the General Plan (Public & Institutional) describes additional types of uses that may occur near and within residential areas.

In order to maintain sufficient residentially-zoned land for residential uses while accommodating the infrequent instances where nonresidential uses in residential areas may find themselves needing additional parking, the text of Porterville Development Ordinance Series 200, Section 201.02, Table 201.02: Land Use Regulations – Residential Districts would be amended to allow Parking, Public or Private, as Conditionally Permitted (“C”) in any residential district, with the specific limitation that the parking use is in conjunction with an existing public, institutional, or medical use and that no existing residential structure or use shall be removed or modified to accommodate the parking use. The development of the Off-Site Parking Facility would be required to comply with Section 304.05 Location of Required Parking and Section 304.10 Parking Area Design and Development Standards of the Porterville Development Ordinance.

If the amendment to the PDO is approved, then a Conditional Use Permit (CUP) will be processed to allow the development of the parking area. As discussed in the section above, if the amendment is approved, the applicant would apply for annexation and a CUP, which staff would bring to the City Council for its consideration at a near-future public hearing.

ENVIRONMENTAL
REVIEW:

The proposed ordinance change does not approve any direct physical change and therefore it can be seen with certainty that it would not have a significant effect on the environment. Any potential utilization of the revised ordinance language would require sitespecific consideration of potential environmental effects. Accordingly, the Environmental Coordinator has made a determination that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15061(b)(3).

RECOMMENDATION: That the City Council:

1. Hold the noticed public hearing and consider the
testimony provided;

2. Find that the proposed project is exempt from CEQA
under CEQA Guidelines Sections 15061(b)(3);

3. Consider the draft ordinance, an Ordinance of the
City Council of the City of Porterville Amending
Series 200 of the Porterville Development Ordinance
Regarding Off-Site Parking in Residential Zone
Item No. 27.

Districts; and

4. If so approved, give first reading by title only, and order the Ordinance to print.

ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

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