Agenda packet — Porterville City Council, February 4, 2025 (part 2 of 2)

RESOLUTION NO.____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A SECOND SERVICE FOR MUNICIPAL WATER FOR PROPERTY LOCATED AT 478 S. DOYLE STREET
WHEREAS: The California State Water Resources Control Board, in coordination with the Department of Water Resources, conducted a feasibility study to define a long-term solution to the water-related issues in East Porterville; and WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of April 19, 2016 amended the procedures for annexation and extension of municipal services via Resolution 19-2016: and WHEREAS: The property located at 478 S. Doyle Street (APN 264-050-002) qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on August 28, 2016; and WHEREAS: The ESA included an Irrevocable Agreement for Annexation, IAA # 70-02, and a Deed Restriction, which document was recorded at the Tulare County Recorder’s on October 6, 2017 as Record Number 2017-0061795; and WHEREAS: The Deed Restriction outlined, “no expansion or modification of this use, including conversion of structures or addition of habitable structures may be permitted without approval of the City Council of the City of Porterville”; and WHEREAS: The approval of an SB9 unit is a ministerial action pursuant to Gov. Code Section 65852.21, et seq.; and
WHEREAS: As the purveyor of domestic water in the area, the City of Porterville is obligated to provide a water service to said SB9 unit if requested; and WHEREAS: This project is exempt from CEQA pursuant to CEQA Guidelines Section §15268, Ministerial Projects.

NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby approve the request for a second water service for the future development of the residential dwelling unit:

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

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

Resolution No. __-2025

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 4th day of February, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
BY __________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Surplus Land and Notice of Availability for APN 260-300-034 SOURCE: Community Development
COMMENT: The City has received inquiries regarding the City-owned property located at Springville and Jaye Street (APN 260-300-034). The property, which is approximately 4.47 acres, and zoned CR (Retail Centers) is undeveloped vacant land and there are currently no plans for its development. Under Government Code Section 54220 et seq., in order to make this property available for sale, the Surplus Land Act (SLA) requires all public agencies to declare said property as "surplus land," which is defined as land owned by a local agency that is determined to be no longer necessary for the agency's use and to prioritize affordable housing as well as parks and open space when disposing of surplus land. As the City has not currently identified a project that is deemed necessary for the City's use and wishes to see the property developed, it is appropriate to surplus the land.

The Subject Property does not qualify as exempt under the SLA. The Subject Property is, therefore, considered to be non-exempt surplus land, as defined by the Government Code Section 54220 et seq. and it is recommended that the City Council, as the legislative body of the City, adopt a Resolution making this finding. Upon determination that the Subject Property is non-exempt surplus land, the procedures set forth in the SLA must be followed. Procedures applicable to surplus land require the City to issue a written notice of availability of the Subject Property to the California Department of Housing and Community Development (HCD) and certain entities, for a period of 60 days, as follows:
• For the purposes of developing low- and moderate-income housing, a written notice of availability of surplus land must be sent to any "local public entity" as defined in Health and Safety Code Section 50079 within whose jurisdiction the surplus land is located, such as the Housing Authority of Tulare County and to "Housing Sponsors" that have notified HCD of their interest in surplus land.
• For open space purposes, a written notice of availability of surplus land must be sent to any park or recreation department of any city and county within which the surplus land is located, such as the Tulare County Park & Recreation Department, any
Item No. 10.
regional park authority having jurisdiction within the area in which the surplus land is located, and to the Natural Resources Agency or any agency that may succeed to its powers.
• For the purpose of use by a school district for school facilities construction or open space purposes, a written notice of availability of the surplus land must be sent to any school district that has jurisdiction where the surplus land is located, such as the Porterville Unified and Burton School Districts.

If the City receives a letter of interest from any of the above entities, the City will enter into concurrent good-faith negotiations with all such entities for a period of 90 days. If terms cannot be agreed upon after 90 days (or if no entity gives notice of interest), the City may proceed with the disposition of the Subject Property. However, any residential development on the Subject Property that contains 10 or more units must restrict 15 percent of the units for affordable housing. Any agreement for the sale of the Subject Property would be brought before the City Council for consideration.

RECOMMENDATION: That the City Council:

1. Adopt a draft resolution declaring the approximately 4.47 acre parcel of City-owned property, APN 260-300-034, as non-exempt surplus property as defined in Government
Code Section 54220 et seq.; and

2. Authorize the City Manager or designee to take any
actions and execute any documents necessary to ensure
compliance with the Surplus Land Act and State regulations relating thereto.

ATTACHMENTS: 1. Draft Resolution

2. Description of Property ( Exhibit A to Resolution)

3. Draft Notice of Availability (Exhibit B to Resolution )

4. Locator Map 260-300-034
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 4 ends

RESOLUTION NO. __-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT REAL PROPERTY APN 260-300-034 OWNED BY THE CITY IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S

USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, the City of Porterville (“City”) is the owner in fee simple of that certain real property APN 260-300-034 and described in Exhibit “A,” attached hereto and made a part hereof (“Property”); and
WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the Property is approximately 4.47 acres in size, located on the south side of Springville Drive, east of Jaye Street and is currently vacant and not being used by the City; and
WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations; and
WHEREAS, City staff has determined that the Property is not suitable for the City’s use; and
WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; and
WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities.

NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

Resolution No. ___-2025

Page 2 of 4 ends

SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use. The basis for this declaration is that the property is vacant and in a Commercial Retail (CR) zone, which is not conducive to City operations, and is not currently identified in any Capital Project Improvement Plans.

SECTION 3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit “B” and made a part of hereof, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail.

SECTION 4. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.

PASSED, APPROVED AND ADOPTED this 4th day of February, 2025.

__________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: _____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Resolution No. ___-2025

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EXHIBIT “A”

DESCRIPTION OF PROPERTY
The land in the City of Porterville, County of Tulare, State of California, and is described as follows:

APN: 260-300-034
Parcel 2 and Parcel 4 of Parcel Map No. 4996, in the City of Porterville, County of Tulare, recorded in Book 51 of Parcel Maps at Page 2, Tulare County Records, according to the map thereof.

EXCEPTING THEREFROM the South 66.00 feet of the East 76.00 feet of said Parcel 4;
Containing 194,874 square feet, more or less.

THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO RESOLUTION NO. 635, LOT LINE ADJUSTMENT 2022-005, RECORDED MARCH 20, 2023 AS DOCUMENT NUMBER 2023-0012684 OF OFFICIAL RECORDS.

Resolution No. ___-2025

Page 4 of 4 ends

EXHIBIT “B”

NOTICE OF AVAILABILITY
EXHIBIT “A”

DESCRIPTION OF PROPERTY
The land in the City of Porterville, County of Tulare, State of California, and is described as follows:

EXCEPTING THEREFROM the South 66.00 feet of the East 76.00 feet of said Parcel 4;
Containing 194,874 square feet, more or less.

THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO RESOLUTION NO. 635, LOT LINE ADJUSTMENT 2022-005, RECORDED MARCH 20, 2023 AS DOCUMENT NUMBER 2023-0012684 OF OFFICIAL RECORDS.

February 5, 2025
To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property As required by Government Code Section 54220 of the State of California, the City of Porterville is providing notification that the City intends to sell the surplus property listed in the accompanying table.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the City may market the property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Claudia Calderon, Community Development Director, at 291 North Main Street, Porterville CA 93257. You may also direct your questions to [email protected] or by calling (559)782-7460.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).

Jurisdiction Name Jurisdiction Type Site Address/Intersection City Five Digit ZIP
Code County Assessor Parcel Number Consolidated Sites
General Plan Designation
(Current)
Zoning Designation
(Current)
Min. Density
Allowed (units/acre)
Max. Density
Allowed (units/acre)
Parcel Size
(Gross Acres)
Existing
Use/Vacancy
Minimum Sales
Price
Last Appraised
Value
Last Appraised
Date
Optional
Information1
Optional
Information2
City of Porterville City Jaye Street and Springville Ave Porterville 93257 Tulare 260-300-034 Retail Centers CR N/A N/A 4.47 Vacant Commercial 1,364,118 $ 860,500.00 5/2/2024

Item No. 11.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial reports to be provided to the City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in the 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 December 31, 2024, are submitted.

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

ATTACHMENTS: 1. Quarterly Financial Status Reports - December 31, 2024
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim 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 $ 5,152,942 54.85% $ 8,970,000 $ 4,873,529 54.33% OTHER TAXES:

SALES AND USE TAX 8,301,435 2,642,175 31.83% 8,390,000 2,709,741 32.30% UTILITY USERS TAX 5,250,000 2,929,648 55.80% 5,700,000 2,558,711 44.89% TRANSIENT OCCUPANCY TAX 800,000 217,255 27.16% 785,000 210,133 26.77% PROPERTY TRANSFER TAX 100,000 65,814 65.81% 100,000 35,728 35.73% FRANCHISE TAX 1,861,134 537,373 28.87% 1,841,134 544,863 29.59% SALES TAX - PUBLIC SAFETY 400,000 168,425 42.11% 400,000 170,910 42.73% PAYMENT IN LIEU OF TAXES 676,084 169,021 25.00% 676,084 156,513 23.15% LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 1,071,000 579,235 54.08% 1,055,000 432,851 41.03% CONSTRUCTION PERMITS 665,000 488,698 73.49% 655,000 344,455 52.59% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 77,000 - - 65,000 - -
OTHER TAXES 21,000 - - 21,000 - -
REVENUE FROM AGENCIES-GRANTS 14,796,307 67,133 0.45% 13,646,311 44,825 0.33% USE OF MONEY AND PROPERTY 850,065 520,485 61.23% 622,920 568,062 91.19% FINES AND FORFEITURES 22,000 10,280 46.73% 24,500 9,037 36.89% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 122,000 105,429 86.42% 123,000 47,642 38.73% POLICE 578,500 290,252 50.17% 505,000 253,779 50.25%
FIRE 117,000 136,803 116.93% 66,500 134,483 202.23%
LIBRARY 18,000 7,825 43.47% 12,000 9,619 80.16%
RECREATIONAL 317,900 145,956 45.91% 300,521 273,766 91.10% INTERDEPARTMENTAL 2,800,000 1,886,596 67.38% 2,500,000 1,391,341 55.65% OTHER 79,454 44,227 55.66% 77,454 37,262 48.11%
OTHER REVENUES 164,000 91,713 55.92% 153,000 395,797 258.69% SUBTOTALS $ 48,482,879 $ 16,257,285 33.53% $ 46,689,424 $ 15,203,048 32.56% OPERATING TRANSFERS 1,424,948 638,854 44.83% 1,404,053 638,677 45.49% DEBT SERVICE TRANSFERS 195,500 129,197 66.09% 195,300 99,026 50.70% TOTALS $ 50,103,327 $ 17,025,336 33.98% $ 48,288,777 $ 15,940,750 33.01%

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
DECEMBER 31, 2024 AND DECEMBER 31, 2023
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAXLICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Periods Ended December 31, 2024 and December 31, 2023
24-25 23-24 PROPERTY TAXES 30%

SALES & USE TAX
17%

UTILITY USERS TAX
17%
LICENSES AND PERMITS 6%
OTHER TAXES 6%
OTHER REVENUES 4%
OPERATING TRANSFERS 5%
CHARGES FOR SERVICES 15%
City of Porterville
General Fund Revenues
Period Ended December 31, 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 $ 37,284 14.1% $ 288,950 $ 55,156 19.1% COMMUNITY PROMOTION 385,202 124,991 32.4% 344,333 192,360 55.9% EMERGENCY - LIBRARY 208,900 88,191 42.2% 633,283 83,877 13.2% EMERGENCY - STORMS 311,000 133,840 43.0% 135,700 147,992 109.1% ADMINISTRATIVE & LEGAL:

CITY MANAGER 634,447 299,568 47.2% 487,770 256,114 52.5% CITY CLERK 372,377 216,055 58.0% 328,130 157,316 47.9%
HUMAN RESOURCES 588,147 287,480 48.9% 458,284 207,987 45.4% CITY ATTORNEY 200,000 36,658 18.3% 200,000 33,552 16.8% FINANCE:

FINANCE & ACCOUNTING 1,500,148 646,639 43.1% 1,340,386 588,246 43.9% INFORMATION SERVICES 737,576 343,409 46.6% 678,928 294,203 43.3% ADMINISTRATIVE SERVICES 378,608 142,350 37.6% 376,694 170,921 45.4% POLICE PROTECTION 12,721,613 6,385,864 50.2% 12,166,426 5,405,411 44.4% FIRE PROTECTION 5,826,797 3,107,283 53.3% 5,035,134 2,523,963 50.1% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 893,020 387,783 43.4% 808,063 307,118 38.0% ECONOMIC DEVELOPMENT 538,550 282,808 52.5% 528,208 208,151 39.4% PUBLIC WORKS:

ENGINEERING & BUILDING 2,089,961 1,276,016 61.1% 1,985,770 982,530 49.5% STREET MAINTENANCE 681,093 311,129 45.7% 665,102 305,708 46.0% SIGNALS, SIGNING & STRIPING 417,045 186,789 44.8% 391,661 122,017 31.2% STREET LIGHTING 663,055 295,230 44.5% 637,951 292,827 45.9% STORM DRAINS - - - 95,474 41,341 43.3%
PARKING LOTS 88,955 37,955 42.7% 86,951 33,124 38.1%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,899,133 1,580,071 54.5% 2,789,869 1,359,717 48.7% STREET TREES & PARKWAYS 261,903 157,952 60.3% 304,479 97,752 32.1% LEISURE SERVICES 447,120 221,534 49.5% 440,937 183,171 41.5% LEISURE SERVICES - SPECIAL PROG 468,168 267,893 57.2% 449,336 340,470 75.8% SWIMMING POOL 264,132 138,229 52.3% 258,832 140,795 54.4% LIBRARY OPERATIONS 877,962 356,931 40.7% 873,445 338,297 38.7% HOMELESS ENCAMPMENTS 304,664 148,164 48.6% - - -
SPECIAL PROJECTS 55,570 20,708 37.3% 37,955 9,780 25.8%

SUB TOTALS 35,079,846 17,518,805 49.9% 32,828,051 14,879,896 45.3% OPERATING TRANSFERS 200,000 34,500 17.3% 79,000 34,500 43.7% DEBT SERVICE 1,629,657 816,899 50.1% 1,626,622 817,314 50.2%

$ 36,909,503 $ 18,370,204 49.8% $ 34,533,673 $ 15,731,710 45.6%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
December 31, 2024 AND December 31, 2023
#DIV/0! #DIV/0!
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000

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

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Periods Ended December 31, 2024 and December 31, 2023
24-25 23-24
LEGISLATIVE 2%
ADMINISTRATIVE & LEGAL 5%
FINANCE 6%
FIRE 18%
PARKS & LEISURE 17%
POLICE 36%
COMMUNITY DEVELOPMENT 4%
PUBLIC WORKS 12%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Period Ended December 31, 2024

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
DECEMBER 31, 2024 AND DECEMBER 31, 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 $ 1,941,313 34.5% $ 5,485,500 $ 1,896,308 34.6% MEASURE I SALES TAX 11,387,913 3,936,458 34.6% 10,974,000 3,870,701 35.3% AMERICAN RESCUE PLAN ACT 8,457,167 680,768 8.0% 8,308,913 1,519,433 18.3% SPECIAL GAS TAX 5,298,534 2,005,224 37.8% 4,704,338 2,173,320 46.2% LOCAL TRANSPORTATION FUNDS (LTF) 49,641,951 778,174 1.6% 27,290,500 901,904 3.3% TRAFFIC SAFETY FUND 80,800 32,494 40.2% 101,000 40,143 39.7% ZALUD ESTATE 6,600 3,047 46.2% 6,800 1,751 25.8%
COMMUNITY DEVELOPMENT BLOCK GRANT 3,559,140 85,063 2.4% 3,170,500 61,287 1.9% TRANSIT 12,538,184 4,599,523 36.7% - - -
SPECIAL SAFETY GRANTS 906,138 571,072 63.0% 906,071 395,786 43.7% SEWER OPERATING 8,447,800 6,396,806 75.7% 7,444,900 3,861,457 51.9% REFUSE REMOVAL 9,296,448 5,513,115 59.3% 6,991,600 3,504,904 50.1% AIRPORT OPERATIONS 1,747,174 1,947,074 111.4% 1,708,810 964,380 56.4% GOLF COURSE 295,600 118,237 40.0% 250,600 169,500 67.6% WATER OPERATING 13,539,500 8,039,124 59.4% 13,645,000 7,516,750 55.1% RISK MANAGEMENT 9,450,200 4,828,311 51.1% 9,159,250 4,517,487 49.3% EQUIPMENT MAINTENANCE 4,765,000 2,983,270 62.6% 4,739,200 2,490,977 52.6% LANDSCAPE MAINTENANCE DISTRICT 186,000 95,578 51.4% 177,000 94,794 53.6% WATER REPLACEMENT 4,245,000 752,144 17.7% 4,012,000 767,733 19.1% SOLID WASTE RESERVE 985,000 611,014 62.0% 961,168 521,113 54.2% SEWER REVOLVING 584,000 297,328 50.9% 433,000 313,047 72.3% TRANSPORTATION DEVELOPMENT 170,000 205,853 121.1% 210,000 105,999 50.5% PARK DEVELOPMENT 50,100 55,460 110.7% 50,100 25,093 50.1% TREATMENT PLANT RESERVE 980,000 738,368 75.3% 1,010,870 613,965 60.7% STORM DRAIN DEVELOPMENT 240,000 181,298 75.5% 230,000 179,864 78.2% BUILDING CONSTRUCTION 2,500 2,731 109.2% 2,000 2,467 123.4%

TOTALS $ 152,486,432 $ 47,398,847 31.1% $ 111,973,120 $ 36,510,163 32.6% $-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Periods Ended December 31, 2024 and December 31, 2023
24-25 23-24
INTERNAL SERVICE 12%
SPECIAL REVENUE 10%
ENTERPRISE 42%
IMPROVEMENT 4%
GENERAL 32%
City of Porterville
Revenue by Fund Type
Period Ended December 31, 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 $ 2,607,646 48.1% $ 4,972,164 $ 2,304,124 46.3% MEASURE I SALES TAX 9,853,312 4,388,465 44.5% 8,353,246 3,175,236 38.0% AMERICAN RESCUE PLAN ACT 737,167 63,563 8.6% 996,454 371,573 37.3% ZALUD ESTATE 41,598 22,699 54.6% 39,480 18,748 47.5%
COMMUNITY DEVELOPMENT BLOCK GRANT 171,600 55,691 32.5% 451,464 81,669 18.1% TRANSIT 6,360,432 3,308,728 52.0% - -
SPECIAL SAFETY GRANTS 940,418 526,077 55.9% 1,039,625 491,097 47.2% SEWER OPERATING 6,675,085 3,389,855 50.8% 6,299,829 3,138,747 49.8% REFUSE REMOVAL 7,980,817 4,129,426 51.7% 7,427,270 3,488,662 47.0% AIRPORT 1,744,414 1,372,406 78.7% 1,604,969 775,824 48.3% GOLF COURSE 579,801 311,515 53.7% 562,003 303,017 53.9% WATER OPERATING 11,235,872 4,996,877 44.5% 12,284,741 5,817,683 47.4% RISK MANAGEMENT 10,661,884 8,125,014 76.2% 9,665,230 4,503,034 46.6% EQUIPMENT MAINTENANCE 4,825,530 2,319,954 48.1% 4,751,272 2,094,473 44.1% LANDSCAPE MAINTENANCE DISTRICT 235,903 109,705 46.5% 239,870 94,712 39.5%

TOTALS $ 67,467,523 $ 35,727,621 53.0% $ 58,687,617 $ 26,658,599 45.4%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
December 31, 2024 AND December 31, 2023
0 #DIV/0!
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Periods Ended December 31, 2024 and December 31, 2023
24-25 23-24
INTERNAL SERVICE 20%
SPECIAL REVENUE 6%
ENTERPRISE 33%
GENERAL 41%
City of Porterville
Expenditures by Fund Type
Period Ended December 31, 2024
FY 2024-25 FY 2023-24

REVENUES
Sales Tax - Measure H $ 1,794,543 1,770,620
Interest 68,522 56,971
Police Services 1,983 1,672
Police Cost Recoveries 76,265 67,045
TOTAL REVENUES 1,941,313 1,896,308

EXPENDITURES
Police Department 1,022,448 913,212
Fire Department 1,192,725 996,271
Public Safety Station 124,219 120,525
Library & Literacy 260,758 274,116
TOTAL EXPENDITURES 2,600,150 2,304,124

CAPITAL PROJECTS
Fire Department Classroom/Training 51,082 110,168
TOTAL CAPITAL PROJECTS 51,082 110,168
REVENUE OVER/(UNDER) EXPENDITURES $ (709,919) $ (517,984)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Periods Ended December 31, 2024 and December 31, 2023 FY 2024-25 FY 2023-24

REVENUES
Sales Tax - Measure I $ 3,600,232 $ 3,543,960
Sales Tax - Measure R 5,185 57,204
Interest 253,903 268,744
Police Services 3,545 793
Police Cost Recoveries 73,593 -
TOTAL REVENUES 3,936,458 3,870,701

EXPENDITURES
Police Department 2,917,745 1,990,521
Fire Department 1,381,071 1,123,326
Streets Program 42,121 40,022
Litter Abatement Program 47,528 21,367
TOTAL EXPENDITURES 4,388,465 3,175,236

CAPITAL PROJECTS
AC Pavement Repair/Overlay 986 185,549
Fire Dept Training Grounds Dev - 414,530
Fire Station Remodel/Additions - 131,601
Morton Ave Reconstruction 28,850 44,822
Villa St Reconstruction - Olive to Henderson 3,373,206 17,990 TOTAL CAPITAL PROJECTS 3,403,042 794,492
REVENUE OVER/(UNDER) EXPENDITURES $ (3,855,049) $ (99,027)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Periods Ended December 31, 2024 and December 31, 2023 12/31/2024 12/31/2023

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 3,047 $ (22,699) $ (19,652) $ (7,800) $
Transit 4,599,523 $ (3,314,377) $ 1,285,146 $ - $
Sewer Operating 6,396,806 $ (3,389,855) $ 3,006,951 $ 722,711 $ Solid Waste 5,513,115 $ (4,129,426) $ 1,383,688 $ 16,242 $ Airport 1,947,074 $ (1,372,406) $ 574,668 $ 188,556 $
Golf 118,237 $ (311,515) $ (193,278) $ (133,517) $
Water Operating 8,039,124 $ (4,996,877) $ 3,042,247 $ 1,699,067 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Periods Ended December 31, 2024 and December 31, 2023 Item No. 12.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of December 31, 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 - December 31, 2024 Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF DECEMBER 31, 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 $ 9,519,515 $ 9,484,446 4.620% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,598,213 7,669,922 2.140% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 10,346,120 10,346,120 3.770% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 15,395,312 15,395,312 4.533% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,082 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 995,770 1.550% 2/25/2022 2/25/2025 56 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 995,740 3.030% 4/29/2022 4/28/2025 118 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 995,410 3.150% 5/23/2022 5/23/2025 143 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 995,840 3.400% 5/27/2022 5/23/2025 143 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,290 4.000% 8/1/2022 8/1/2025 213 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 997,750 4.000% 8/25/2022 8/25/2025 237 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 973,830 1.250% 1/26/2022 1/26/2026 391 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,920,120 0.580% 3/18/2021 2/11/2026 407 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 936,302 1.000% 3/23/2021 3/23/2026 447 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 958,500 1.050% 3/25/2021 3/25/2026 449 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 967,430 0.750% 3/30/2021 3/30/2026 454 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 957,650 1.000% 4/29/2021 4/29/2026 484 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 985,460 3.500% 6/28/2022 6/26/2026 542 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 984,320 3.200% 6/29/2022 6/29/2026 545 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 947,720 1.000% 8/26/2021 8/26/2026 603 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,892,260 1.040% 9/21/2021 9/21/2026 629 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 946,550 1.100% 9/28/2021 9/28/2026 636 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 946,880 1.125% 9/29/2021 9/29/2026 637 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 946,410 1.100% 9/30/2021 9/30/2026 638 3130B2VY8 FEDERAL HOME LOAN BANKS 1,000,000 996,150 4.270% 9/25/2024 10/1/2026 639 3134HAUD3 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,120 4.600% 10/24/2024 10/23/2026 661 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 946,580 1.250% 10/26/2021 10/26/2026 664 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 946,400 1.250% 10/28/2021 10/28/2026 666 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 958,410 0.850% 11/2/2021 10/28/2026 666 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 942,740 1.250% 11/24/2021 11/24/2026 693 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 944,660 1.300% 11/24/2021 11/24/2026 693 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,421,295 1.600% 12/30/2021 12/30/2026 729 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,891,280 1.500% 12/30/2021 12/30/2026 729 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,902,400 1.860% 2/8/2022 2/8/2027 769 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 952,300 2.000% 2/25/2022 2/25/2027 786 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,907,860 2.250% 3/30/2022 3/30/2027 819 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 976,460 3.375% 5/17/2022 5/17/2027 867 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 985,090 3.750% 5/19/2022 5/19/2027 869 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 974,960 3.250% 6/28/2022 6/28/2027 909 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 988,740 4.000% 6/29/2022 6/29/2027 910 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 995,910 4.300% 7/28/2022 7/28/2027 939 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 993,450 4.230% 9/8/2022 9/8/2027 981 3133ERSM4 FEDERAL FARM CREDIT BANKS 1,000,000 995,970 4.330% 9/10/2024 9/10/2027 983 3130B2WF8 FEDERAL HOME LOAN BANKS 1,000,000 999,090 4.650% 9/27/2024 9/16/2027 989 3134HAPM9 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 978,620 3.600% 9/30/2024 9/30/2027 1,003 3130B36T5 FEDERAL HOME LOAN BANKS 1,000,000 999,200 5.000% 10/8/2024 10/8/2027 1,011 3133ERXY2 FEDERAL FARM CREDIT BANKS 1,000,000 988,480 4.000% 10/21/2024 10/21/2027 1,024 3130B4D40 FEDERAL HOME LOAN BANKS 1,010,000 1,009,020 4.800% 12/19/2024 12/20/2027 1,084 3130B3ZD8 FEDERAL HOME LOAN BANKS 1,000,000 996,900 4.750% 12/5/2024 6/9/2028 1,256 3134HAGR8 FEDERAL HOME LOAN MORTGAGE CORP 500,000 491,075 4.000% 8/28/2024 8/28/2028 1,336 3130B2WE1 FEDERAL HOME LOAN BANKS 1,000,000 997,400 4.750% 9/27/2024 9/18/2028 1,357 3133ERXC0 FEDERAL FARM CREDIT BANKS 3,000,000 2,985,210 4.625% 10/10/2024 10/10/2028 1,379 3130B35V1 FEDERAL HOME LOAN BANKS 1,245,000 1,245,349 5.250% 10/8/2024 10/18/2029 1,752 3130B3YZ0 FEDERAL HOME LOAN BANKS 1,000,000 1,000,000 4.750% 12/5/2024 12/10/2029 1,805 912797LR6 US TREASURY BILL 999,317 1,010,000 4.593% 10/9/2024 1/2/2025 2 912797KJ5 US TREASURY BILL 1,008,953 1,020,802 4.352% 9/25/2024 3/20/2025 79 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 991,330 2.500% 4/28/2020 4/10/2025 100 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 996,600 3.950% 9/8/2022 6/30/2025 181 17298CK64 CITIGROUP INC 1,000,000 970,790 1.000% 8/28/2020 8/28/2025 240 06748XQR5 BARCLAYS BANK 1,000,000 990,180 4.500% 9/12/2022 3/12/2026 436 89114TK84 TORONTO DOMINION BANK 2,000,000 1,894,360 1.050% 6/16/2021 3/16/2026 440 06368EWM0 BANK OF MONTREAL 2,000,000 1,903,980 1.220% 3/17/2021 3/17/2026 441 06048WV56 BANK OF AMERICA 1,000,000 985,980 4.000% 5/5/2022 5/5/2026 490 17290A3E8 CITIGROUP INC 1,000,000 940,440 1.250% 7/1/2021 7/1/2026 547 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 938,300 1.400% 9/30/2021 9/30/2026 638

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 2,000,520 5.100% 7/31/2024 7/30/2027 941 06048WZ29 BANK OF AMERICA CORP 1,000,000 993,790 6.000% 10/20/2022 10/20/2027 1,023 78014RKF6 ROYAL BANK OF CANADA 1,000,000 975,020 5.450% 1/18/2023 1/18/2028 1,113 61766YMT5 MORGAN STANLEY FIN 1,000,000 977,550 5.150% 1/20/2023 1/20/2028 1,115 25161FUC0 DEUTSCHE BANK 1,000,000 982,660 5.150% 2/13/2024 2/13/2029 1,505 91159XAM7 U S BANCORP 1,000,000 983,460 5.050% 11/5/2024 11/5/2029 1,770 12547CAK4 CERTIFICATE OF DEPOSIT 250,000 249,972 4.600% 2/24/2023 2/24/2025 55 654062LB2 CERTIFICATE OF DEPOSIT 250,000 249,850 4.100% 9/28/2022 3/28/2025 87 02589AC34 CERTIFICATE OF DEPOSIT 250,000 248,837 2.550% 4/17/2022 4/7/2025 97 32022RRW9 CERTIFICATE OF DEPOSIT 250,000 248,422 3.050% 7/25/2022 7/25/2025 206 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 248,715 3.300% 7/27/2022 7/28/2025 209 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 247,865 3.400% 8/15/2022 8/15/2025 227 795451CD3 CERTIFICATE OF DEPOSIT 240,000 238,704 3.350% 8/24/2022 8/25/2025 237 33847GJU7 CERTIFICATE OF DEPOSIT 243,000 244,677 5.150% 9/11/2024 9/11/2025 254 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 244,054 4.150% 10/12/2022 10/14/2025 287 693963AB6 CERTIFICATE OF DEPOSIT 249,000 249,110 4.200% 10/14/2022 10/14/2025 287 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 245,564 4.850% 11/9/2022 11/10/2025 314 05580AM92 CERTIFICATE OF DEPOSIT 248,000 243,767 2.750% 4/22/2022 4/22/2026 477 60425SKA6 CERTIFICATE OF DEPOSIT 249,000 249,974 4.400% 4/24/2023 4/24/2026 479 86158RBA6 CERTIFICATE OF DEPOSIT 249,000 251,261 4.700% 6/30/2023 6/30/2026 546 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 242,563 3.150% 7/21/2022 7/21/2026 567 682325DH5 CERTIFICATE OF DEPOSIT 250,000 253,210 4.800% 4/6/2023 10/6/2026 644 65504UAF4 CERTIFICATE OF DEPOSIT 248,000 248,030 4.500% 10/25/2024 11/9/2026 678 87165FE42 CERTIFICATE OF DEPOSIT 249,000 236,010 1.100% 11/12/2021 11/12/2026 681 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 253,430 5.000% 11/22/2022 11/23/2026 692 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 236,224 1.250% 12/8/2021 12/8/2026 707 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 236,206 1.250% 12/9/2021 12/9/2026 708 052392CH8 CERTIFICATE OF DEPOSIT 248,000 252,335 4.950% 12/16/2022 12/16/2026 715 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 248,820 4.400% 1/18/2023 1/19/2027 749 856285F63 CERTIFICATE OF DEPOSIT 246,000 235,193 1.800% 1/31/2022 2/1/2027 762 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 237,240 1.700% 2/18/2022 2/18/2027 779 011852AD2 CERTIFICATE OF DEPOSIT 248,000 251,544 4.700% 3/8/2027 3/8/2027 797 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 234,756 2.000% 3/9/2022 3/9/2027 798 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 235,122 2.100% 3/15/2022 3/15/2027 804 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 241,321 2.800% 4/29/2022 4/29/2027 849 254673D94 CERTIFICATE OF DEPOSIT 246,000 241,510 3.200% 5/18/2022 5/19/2027 869 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 240,278 3.000% 6/15/2022 6/9/2027 890 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 240,204 3.000% 6/15/2022 6/15/2027 896 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 244,570 3.250% 6/15/2022 6/15/2027 896 472312AA5 CERTIFICATE OF DEPOSIT 249,000 253,064 4.700% 6/29/2023 6/29/2027 910 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 240,619 3.300% 8/19/2022 8/19/2027 961 89789AAG2 CERTIFICATE OF DEPOSIT 248,000 252,370 4.700% 3/10/2023 9/10/2027 983 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 245,128 3.400% 9/14/2022 9/14/2027 987 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 245,738 3.500% 9/23/2022 9/23/2027 996 530520AB1 CERTIFICATE OF DEPOSIT 249,000 251,836 4.400% 1/17/2023 1/17/2028 1,112 30191MAJ6 CERTIFICATE OF DEPOSIT 249,000 251,239 4.300% 3/27/2024 3/27/2028 1,182 61690U4M9 CERTIFICATE OF DEPOSIT 250,000 252,995 4.400% 4/20/2023 4/20/2028 1,206 00224TAP1 CERTIFICATE OF DEPOSIT 249,000 253,228 4.550% 4/28/2023 4/28/2028 1,214 67054NBJ1 CERTIFICATE OF DEPOSIT 249,000 254,580 4.700% 5/30/2023 5/30/2028 1,246 29669XAT5 CERTIFICATE OF DEPOSIT 248,000 256,529 5.000% 9/20/2023 9/20/2028 1,359 00782JAC6 CERTIFICATE OF DEPOSIT 248,000 256,571 5.000% 9/27/2023 9/27/2028 1,366 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 4/24/2023 4/24/2025 114 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 4.760% 6/21/2023 6/21/2025 172 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 3.900% 4/29/2023 4/29/2028 1,215 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 4.950% 6/25/2023 6/25/2025 176 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 775 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 904 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 1,077 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 4.250% 1/11/2024 1/11/2029 1,472 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 4.365% 3/25/2024 3/25/2029 1,545 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 4.160% 6/12/2024 6/12/2027 893 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 5.000% 7/31/2024 7/31/2029 1,673 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 3.750% 9/17/2024 9/17/2029 1,721 1339 CERTIFICATE OF DEPOSIT 275,607 275,607 3.300% 12/27/2024 12/27/2029 1,822 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 3.450% 12/4/2024 12/4/2029 1,799 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 8 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 17 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 24 1345 CERTIFICATE OF DEPOSIT 265,081 265,081 3.150% 6/9/2022 6/9/2027 890

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 902 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 932 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 931 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 425 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 301 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 11/30/2024 11/30/2026 699 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.450% 11/28/2024 11/28/2025 332 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 1,076 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 356 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.850% 2/2/2024 2/2/2025 33 1356 CERTIFICATE OF DEPOSIT 249,000 249,000 4.700% 4/3/2023 4/3/2026 458 1357 CERTIFICATE OF DEPOSIT 249,000 249,000 4.200% 4/12/2023 4/12/2028 1,198 1358 CERTIFICATE OF DEPOSIT 249,000 249,000 4.140% 4/25/2023 4/25/2027 845 1359 CERTIFICATE OF DEPOSIT 249,000 249,000 5.000% 6/16/2023 6/16/2025 167 1360 CERTIFICATE OF DEPOSIT 249,000 249,000 4.400% 6/2/2023 6/1/2028 1,248 1361 CERTIFICATE OF DEPOSIT 249,000 249,000 4.950% 9/13/2023 4/13/2025 103 1362 CERTIFICATE OF DEPOSIT 249,000 249,000 4.750% 2/13/2024 2/13/2029 1,505 1363 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 3/1/2024 3/1/2028 1,156 1364 CERTIFICATE OF DEPOSIT 249,000 249,000 4.450% 5/8/2024 5/8/2029 1,589 1365 CERTIFICATE OF DEPOSIT 249,000 249,000 4.300% 6/14/2024 6/14/2028 1,261 1366 CERTIFICATE OF DEPOSIT 249,000 249,000 4.170% 7/9/2024 7/9/2027 920 1367 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 9/27/2024 9/27/2029 1,731 TOTALS $ 143,033,629 $ 141,072,347

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
12/31/2023 3/31/2024 6/30/2024 9/30/2024 12/31/2024 HOLDINGS MATURITY

3.480% 3.430% 3.475% 3.328% 3.353% 29.964% 609
Comments:

Portfolio holdings as of December 31, 2024, are in compliance with the current Investment Policy. With 29.964% 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 first calendar quarter ending March 31, 2025, and will be presented during the May 6, 2025 Council meeting.

Item No. 13.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Approval for Community Civic Event - Optimist Club/PUSD/BSD - Porterville Celebrates Reading – April 12, 2025
SOURCE: Finance
COMMENT: The Optimist Club of Porterville, Porterville Unified School District, and Burton School District are requesting approval to hold the "Porterville Celebrates Reading" event on Saturday, April 12, 2025, from 10:00 AM to 2:00 PM at Veterans Park. This event is a literacy fair for children ages pre-school and up. Local schools and community organizations will have booths with literacy activities. An outside amplifier permit has been approved from 10:00 AM to 2:00 PM. The sponsor is requesting the use of Veterans Park from 8:00 AM to 4:00 PM for set-up before and cleaning after the event.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved.

The requirements and restrictions are contained in the attached copy of the Application and Agreement, Exhibit A and Exhibit B.

RECOMMENDATION: That the City Council approve the Community Civic Event Application from the Optimist Club of Porterville, Porterville Unified School District and Burton School District to hold the "Porterville Celebrates Reading" event on Saturday, April 12, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

ATTACHMENTS: 1. Community Civic Event Application and Agreement, Exhibit A, Exhibit B, Map, Outside Amplifier Permit
and Certificate of Liability Insurance.

Appropriated/Funded:

Review By:

Department Director:

Item No. 13.

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 14.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
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 January 21, 2025, 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. 14.
(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. 14.
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. 14.
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. 14.

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. 14.

Equipment

16. Royal Restrooms Invoice: Mobile Shower-Restroom
Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and
Disaster

22. California Government Code 8558

23. Armory Census Table
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim 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.

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.

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.

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.

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.

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.)

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: El Malecon Modifications of Conditional Use Permit (CUP) SOURCE: Community Development
COMMENT: At its meeting on March 6, 2018, the City Council approved Conditional Use Permit No. PRC 2018-007-C (Resolution No. 09- 2018) to allow for the sale of alcohol under a Type 41 On-Sale Beer and Wine license for Mariscos El 30, located at 58 E. Mill Ave.

In 2020, there was a change of ownership, and the business was renamed to El Malecon. There has been no substantial change to the operation, building, or land use since the change in name and ownership.

The current owner has requested the modification of CUP PRC 2018-007-C to change from a Type 41 On-Sale-Beer and Wine alcohol license to a Type 47 On-Sale General-Eating Place alcohol license to allow for the sale of beer, wine, and distilled spirits. The project is located in the DR-N (Downtown Retail-North of Olive Avenue) Zone District and has a General Plan Land Use designation of Downtown Retail. This business is located in the Downtown Overlay. It qualifies as a bona-fide public eating place for the purposes of ABC licensing.

Section 301.02 of the Porterville Development Ordinance requires approval of a Conditional Use Permit for any use involving the sale of alcoholic beverages. Any changes to the operation of the business, including a change in ABC license would require a modification to the original Conditional Use Permit.

The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 38.02 and allows for three (3) On-Sale and four (4) Off-Sale alcohol licenses, without being deemed over-concentrated. Census Tract 38.02 currently contains fifteen (15) On-Sale licenses for alcohol sales and seven (7) Off-Sale licenses for alcohol sales. Whenever the ratio of On-Sale alcohol licenses to population in a census tract exceeds the average ratio for the county, an “undue concentration” of licenses is determined to exist. Approval of the requested modification to Conditional Use Permit No. PRC 2018-007-C would not change the number of On-Sale licenses within the census tract, as it would be a change from an existing Type 41 On-Sale alcohol license to a Type 47 On-Sale-General alcohol license. The current hours of operation are 10 a.m. to 10 p.m. and no changes to the hours of operations have been requested. Other conditions of the original permit include no live entertainment and no advertising of alcohol products on the exterior of this building. Any substantial change to the business or its operation would require the modification of this conditional use permit.

BACKGROUND:

ANALYSIS: Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:

1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.

The project will further the following General Plan policies:
• ED-G-2: Retain, improve, and promote existing businesses in Porterville.
• ED-G-5: Retain existing local businesses and foster local start-ups.
• ED-G-7: Create an image for Porterville that will attract and retain economic activity.

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance and with any other applicable plan adopted by the City
Council.

There is no change to the size or design of the building. The change of the alcohol license to a Type 47 On-Sale General is allowed within the DR-N Zone District, the implementing zone for the Downtown Retail General Plan Land Use designation and is not a substantial change from the original Type 41 On-Sale-Beer and Wine; therefore, the project is consistent with the General Plan.

Staff recommends the approval of Modification No. 1 to Conditional Use Permit (PRC 2018-007-C) for El Malecon to change from a Type 41 On-Sale-Beer and Wine alcohol license to a Type 47 On-Sale General license.

ENVIRONMENTAL
REVIEW:

On January 23, 2025, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, of the California Code of Regulations (CEQA Guidelines), as the project does not propose any physical modification or expansion of the facility and includes only a negligible increase to an approved operational parameter (i.e., the change of ABC License type).

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing to receive public comments;
and

2. Find the proposed project exempt from the California Environmental Quality Act Pursuant to Section
15301 (Existing Facilities) of the California Code of
Regulations; and

3. Adopt the draft resolution approving Modification No. 1 to Conditional Use Permit (PRC 2018-007-C) for a
Type 47 On-Sale General alcohol license.

ATTACHMENTS: 1. Locator Map

2. ABC Licenses Map

3. Reso 09-2018

4. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 4 ends

RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVAL OF MODIFICATION NO. 1 OF CONDITIONAL USE PERMIT NO. PRC 2018-007-C TO UPGRADE FROM A TYPE 41 ON-SALE - BEER AND WINE ALCOHOL LICENSE TO A TYPE 47- ON SALE GENERAL – EATING PLACE ALCOHOL LICENSE FOR EL MALECON, A BONA-FIDE PUBLIC EATING PLACE LOCATED AT 58 E. MILL AVENUE
WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of February 4, 2025, conducted a public hearing to consider Modification No. 1 to Conditional Use Permit (PRC 2018-007-C) to upgrade from a Type 41 On-Sale-Beer and Wine alcohol license to a Type 47 On-Sale General-Eating Place alcohol license for El Malecon restaurant located at 58 E. Mill Avenue; and WHEREAS: On January 24, 2025, a notice was published in the Porterville Recorder setting the date, and place of public hearing for February 4, 2025, and similar notices were sent to owners of property located within 500 feet radius of the site and posted at City Hall and the City’s website announcing the same; and WHEREAS: On March 6, 2018, the City Council of the City of Porterville conducted a public hearing and adopted Resolution No. 09-2018 approving Conditional Use Permit (PRC 2018-007-C), to allow for the sale of alcohol under a Type 41 On-Sale-Beer and Wine alcohol license for Mariscos el 30 located at 58 E. Mill Ave.

WHEREAS: The Conditional Use Permit (PRC 2018-007-C) was approved for Mariscos El 30, owned by Jose Rene Lopez.

WHEREAS: In 2020, there was a change in ownership from Jose Rene Lopez to Juan Carlos Morales Dias.

WHEREAS: In 2020, there was a change in name from Mariscos El 30 to El Malecon.

WHEREAS: On February 4, 2025, the City Council opened a public hearing to consider Modification No. 1 of Conditional Use Permit PRC 2018-007-C, for El Malecon, in response to the applicant’s request to upgrade from a Type 41 On-Sale-Beer and Wine alcohol license to a Type 47 On-Sale General Eating Place alcohol license to allow for the sale of beer, wine, and distilled spirits in conjunction with El Malecon, a bona-fide public eating place, located at 58 E. Mill Ave.

WHEREAS: On January 23, 2025, the Environmental Coordinator made a preliminary determination that the project is exempt from California Environmental Quality Act pursuant to §15301 Existing Facilities; and
Resolution No. ____-2025

Page 2 of 4 ends

WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Modification of Conditional Use Permit (PRC 2018-007- C); and
WHEREAS: Section 301.02 of the Porterville Development Ordinance requires Conditional Use Permit approval for any use involving the sale of alcoholic beverages under an On-Sale or Off-Sale alcohol license; and
WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Conditional Use Permit; and WHEREAS: The City Council made the following findings:

1. That the applicant shall operate the establishment in such a manner as to preserve the public safety, health and welfare, to prevent the use from becoming a nuisance and operate the business in compliance with all laws, ordinances and regulations regarding the sale of alcohol. In the event that this or any other condition of approval is violated, the City Council may modify or revoke the Conditional Use Permit as provided in Section 601.10 of the Porterville Development Ordinance.

2. The subject site is consistent with the General Plan Land Use Designation of Downtown Retail and Zoning Standards for DR-N (Downtown Retail - North of Olive Avenue).

3. The Downtown Retail designation is intended to maintain the pedestrian-and transit-oriented environment of retail, restaurants, services and government offices with active commercial uses on the ground floor in the heart of Porterville’s Downtown. The proposed restaurant with alcohol sales would suit the purpose of the zone district. The restaurant is a permitted use in the DR-N Zone, and the sale of alcohol under a Type 47 On-Sale General – Eating Place alcohol license would also be allowed with the modification of the existing CUP (PRC 2018-007-C).

4. The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301, Existing Facilities.

5. The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 38.02 and allows for three (3) On-Sale and four (4) Off-Sale alcohol licenses, without being deemed over-concentrated. Census Tract

38.02 currently contains fifteen (15) On-Sale licenses for alcohol sales and seven (7) Off-Sale licenses for alcohol sales.

Whenever the ratio of On-Sale alcohol licenses to population in a census tract exceeds the average ratio for the county, an “undue concentration” of licenses is determined to exist. Approval of the requested modification to Conditional Use Permit No. PRC 2018-007-C would not change the number of On-Sale licenses Resolution No. ____-2025

Page 3 of 4 ends

within the census tract, as it would be a change from an existing Type 41 On-SaleBeer and Wine alcohol license to a Type 47 On-Sale-General-Eating Place alcohol license.

6. That the proposed location of the project and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve Modification No. 1 to Conditional Use Permit (PRC 2018- 007-C) subject to following conditions:

1. The development shall comply with conditions from Conditional Use Permit (PRC 2018-007-C) as outlined in Resolution No. 09-2018.

2. Approval of Modification No. 1 to Conditional Use Permit (PRC 2018-007-C) by the City Councill, shall expire two (2) years after the date of approval if the Type 47 On-Sale General – Eating Place alcohol license in not undertaken, actively and continuously pursued within two (2) years. The City Council may approve a one (1) year extension of any permit or approval granted under this ordinance upon receipt of a written application with the required fee before the permit expires, pursuant to Section 601.08 of the Porterville Development Ordinance.

3. Upon approval of the Conditional Use Permit, any future change in operation which substantially alters the conditions or nature of the subject business will require approval by the City Council. Further, any future violations of regulations of the codes relating to the sales or consumption of alcohol, and/or excessive service calls by the Police Department resulting from the sales of alcohol may result in revocation of the Conditional Use Permit.

4. The applicant shall operate the establishment in such a manner as to preserve the public safety, health and welfare, to prevent the use from becoming a nuisance and operate the business in compliance with all laws, ordinances and regulations regarding the sale of alcohol. In the event that this or any other condition of approval is violated, the City Council may modify or revoke the Conditional Use Permit, as provided in Section 601.10 of the Porterville Development Ordinance.

5. Pursuant to Section 601.10(d) the City Council may revoke the permit if it makes any of the following findings:
• That approval was obtained by means of fraud or misrepresentation of a material fact;
• That the use in question has ceased to exist or has been suspended for one year (1) year or more;
Resolution No. ____-2025

Page 4 of 4 ends

• That there is or has been a violation of or failure to observe the terms or conditions of the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare or so as to be a nuisance.
• The hours of operation during which alcoholic beverages may be sold shall be limited to 10:00 am to 10:00 pm. Any amendment to business hours that would modify this condition will be subject to a modification of this permit. • All activities associated with the proposed use shall be exclusively confined to the interior of the building to the extent the permitted by the California Department of Alcohol Beverage Control.

PASSED, APPROVED AND ADOPTED this 4th day of February, 2025. ____________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: ______________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 16.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Establishment of an Ad Hoc Heritage Committee
SOURCE: City Manager's Office
COMMENT: At its meeting on January 21, 2025, the City Council provided direction to staff to bring an item forth to establish an Ad Hoc Heritage Committee comprised of two Council Members. The scope of the committee is to assist the City Council with the planning of celebrations and signage commemorating the 250th anniversary of the signing of the Declaration of Independence and the 100-year anniversary of the filing of the City of Porterville City Charter. The Council took action to appoint Mayor Meister and Vice Mayor McKervey to the proposed ad hoc committee.

Pursuant to that direction, a draft resolution has been prepared for Council consideration. It is proposed that the Committee be staffed at the discretion of the City Manager.

RECOMMENDATION: That the City Council consider approving the draft resolution establishing an Ad Hoc Heritage Committee.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. ___-2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE ESTABLISHING

AN AD HOC HERITAGE COMMITTEE
WHEREAS, on July 4, 2026, the United States of America will commemorate and celebrate the 250th anniversary of the signing of the Declaration of Independence; and
WHEREAS, on July 31, 2026 the City of Porterville will commemorate and celebrate the 100th anniversary of the filing of the original City Charter; and WHEREAS, an ad hoc committee is temporary, time-specific and/or taskoriented bodies, and the City Council desires to have an advisory committee comprised of two City Council Members to advise the City Council on the planning of celebrations and signage commemorating 250th anniversary of the signing of the Declaration of Independence and the 100-year anniversary of the filing of the City of Porterville City Charter.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville:

1. An ad hoc Heritage Committee is hereby established, comprised of two City Council Members and supported by staff as determined by the City Manager.

2. Said Committee will meet on an as-needed basis to review matters related to the planning of celebrations and signage commemorating the 250th anniversary of the signing of the Declaration of Independence and the 100- year anniversary of the filing of the City of Porterville City Charter, and to then make recommendations to the City Council.

PASSED, APPROVED, AND ADOPTED this 4th day of February, 2025. _________________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: ___________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Establishment of a Downtown Porterville Committee SOURCE: City Manager's Office
COMMENT: At its meeting of January 21, 2025, the City Council provided direction to staff to bring a Resolution forth to establish a standing Downtown Porterville Committee comprised of seven members, including two City Council Members and five public members. The Council provided direction that public membership is to be comprised of owners of businesses in Downtown Porterville and the Porterville Chamber of Commerce. The scope of the committee is to be advisory to the City Council on matters pertaining to Downtown Porterville.

Pursuant to that direction, a draft resolution has been prepared for Council consideration. It is proposed that the Committee be staffed at the discretion of the City Manager.

RECOMMENDATION: That the City Council adopt the draft Resolution establishing the Downtown Porterville Committee and
consider appointment of two City Council Members to serve on the Downtown Porterville Committee.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE ESTABLISHING A STANDING

DOWNTOWN PORTERVILLE COMMITTEE
WHEREAS, since the City of Porterville’s incorporation in 1902, Downtown Porterville has been the “heart of the City; and
WHEREAS, Main Street supports significant cultural and governmental buildings as well as specialty retail stores and restaurants; and WHEREAS, the City of Porterville General Plan Land Use Guiding Policy 2 is to maintain a well-defined, compact urban form with Downtown as the “heart of the City”; and
WHEREAS, it is a priority to continue to revitalize Downtown, attracting and retaining specialty retail and restaurant business that enhance Porterville’s unique character that reflects local history and culture;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville:

1. A Standing Downtown Porterville Committee is hereby established.

2. The Committee shall have seven total members, including two City Council Members, and five members of the public comprised of Downtown business owners and Porterville Chamber of Commerce, supported by staff as determined by the City Manager.

3. Said Committee will meet on an as-needed basis to review matters pertaining to Downtown Porterville and to then make recommendations to the City Council.

PASSED, APPROVED, AND ADOPTED this 4th day of February, 2025. _________________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: ___________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 18.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Establishment of a Charter Review Committee
SOURCE: City Manager's Office
COMMENT: On January 21, 2025, the City Council provided direction on the establishment of a Charter Review Committee to undertake a review of the City Charter to make recommendations regarding potential amendments to be placed on the ballot in 2026.

The City Council directed staff to bring forth a draft resolution establishing a nine-member Charter Review Committee and determined that each Council Member would select one committee member from their respective district, with the remaining four committee members being selected by a majority of the City Council. Additionally, the Council established committee eligibility criteria, requiring Charter Review Committee members to be registered voters who reside within the city limits of Porterville. The committee will undertake a comprehensive review of the City Charter and make recommendations to the City Council. In accordance with the attached timeline, if the draft Resolution is adopted, staff will publicize the newly established committee and solicit requests for appointment from interested individuals.

RECOMMENDATION: That the City Council consider adoption of the draft Resolution and direct staff to advertise for the Charter Review Committee membership.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 18.

RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE ESTABLISHING A CHARTER REVIEW COMMITTEE WHEREAS, the City of Porterville filed a City Charter and became a Charter City in 1926; and
WHEREAS, the City Charter is able to be amended by a vote of the citizens in an election; and
WHEREAS, the City Council of the City of Porterville desires to establish a ninemember Charter Review Committee, comprised of Porterville citizens who are registered to vote, to undertake a comprehensive review of the City Charter and make recommendations to the City Council; and
WHEREAS, the City Council desires to have the Mayor, Vice Mayor, and City Council members each appoint one Charter Review Committee Member from their district, and to have four additional members be appointed by a majority vote of the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville:

1. A Charter Review Committee is hereby established, to be comprised of nine Porterville citizens registered to vote.

2. The Mayor, Vice Mayor, and City Council members shall each appoint a committee member, and four additional committee members shall be appointed by a majority vote of the City Council.

3. Said Committee will meet on an as-needed basis to review matters pertaining to the review of the Porterville City Charter and to then make recommendations to the City Council.

PASSED, APPROVED, AND ADOPTED this 4th day of February, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 19.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Consideration of Sponsorship of Porterville Little League SOURCE: City Manager's Office
COMMENT: At its meeting on January 21, 2025, the City Council approved Mayor Meister's request for an item to be added to the February 4, 2025, agenda to consider allocating funds from the City Council Special Purposes Reserve funds to sponsor Porterville Little League.

It is proposed that the City Council would sponsor the Porterville Little League in the amount of $2,500, with a banner including the City of Porterville seal and motto of “In God We Trust” on the banner to be placed on the fence in center field at the Burton Ballfields.

The source of funds for the proposed sponsorship is the Council’s Special Purposes Reserve Fund for the current year, from which there is currently an available budget of $96,250.16. A draft resolution authorizing the appropriations of funds from the City Special Purposes Reserve Fund is provided for Council's consideration.

RECOMMENDATION: That the City Council consider approving the draft resolution authorizing an allocation of $2,500 from the City's Special Purposes Reserve Fund for FY 2024/2025 to
Sponsor Porterville Little League.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE AUTHORIZING THE APPROPRIATION OF FUNDS

FROM THE SPECIAL PURPOSES RESERVE FUND FOR SPONSORSHIP OF

PORTERVILLE LITTLE LEAGUE
WHEREAS, there is interest in allocating funds to be used in connection with Porterville Little League for the benefit of youth baseball in Porterville; and WHEREAS, the City of Porterville Municipal Code Section 2-31.6 established the Special Purposes Reserve Fund for the purpose of providing funds to support one-time city special events, projects, and/or purposes that benefit the community; and WHEREAS, the City believes that use of the City’s Special Purposes Reserve Funds is appropriate to fund youth baseball in connection with Porterville Little League; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

1. The City Council finds that supporting Porterville Little League for the benefit of youth baseball is within the intent and purpose of the Special Purposes Reserve Fund; and

2. The City Council does hereby approve and authorize the appropriation of $2,500 from the City’s Special Purposes Reserve Fund for funding a sponsorship of Porterville Little League.
.

PASSED, APPROVED, AND ADOPTED this 4
th day of February, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga
Acting Chief Deputy City Clerk
Item No. 20.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Review of Weed Abatement and Homeless Encampment Abatement SOURCE: Parks and Leisure Services
COMMENT: At its meeting on January 21, 2025, the City Council approved Vice Mayor McKervey’s request for an item to be added to the February 4, 2025, agenda to review weed abatement and homeless encampment abatement efforts. The City, under the Parks and Leisure Services Department, currently manages its own weed abatement and encampment abatement operations through two respective crews, a weed abatement crew and an encampment abatement crew. The City's Parks and Leisure Services Department has administered the City's weed abatement program since 2021. Prior to that, the City contracted out weed abatement services which were managed by the City's Code Enforcement Division. The primary focus of the weed abatement crew is clearing areas that could pose fire hazards due to overgrown vegetation.

This is done by clearing weeds, brush and combustible debris from designated areas like roadsides, rights-of-way, and properties considered fire hazards. These duties are performed using hand tools, power equipment, heavy equipment and herbicides. The City's weed abatement staffing consists of two full-time and eight part-time personnel. Weed Abatement Parks Maintenance Worker II salary range is $3,504-$4,276, and part-time Weed Abatement Workers rate is $16.50 per hour. The weed abatement crew performs various other duties throughout the year in the rare times they are not performing weed abatement including tree maintenance and other special projects.

The weed abatement team and Fire Department are currently planning for the impending weed abatement season. This year the city has received 52 percent of average rainfall for this time of year, and it is expected to be a challenging weed abatement season. Staff is expecting to receive an updated fire hazard map from the California Department of Forestry and Fire Protection, which is anticipated to demonstrate reclassification of fire hazard threat zones within the city. This is reflective in the weed abatement budget, which is trending higher than anticipated.

The City initiated an encampment abatement program, under the Parks and Leisure Services Department, in July 2024. This program is responsible for encampment cleanups on City property, as well as those on private property that do not get cleaned up in a timely manner by the Item No. 20.
property owner. Staffing for the encampment abatement program consists of one full-time and up to four part-time personnel. The full-time Encampment Maintenance Worker salary range is $3,683-$4,494, and part-time Encampment Maintenance Workers rate is $17.50 per hour. To date the team has abated 275 encampments. The encampment abatement process is initiated by community complaints, referrals from City Departments, and the Police Department’s active engagement. The Police Department seeks compliance and abatement of the encampment by the individuals contacted. A majority of the encampments are removed with the initial Police Department contact and are not required to be processed through the formal encampment abatement process. The goal of the encampment abatement team is to cleanup the noticed encampment the day stated on the legal notice. The team has been successful in meeting this goal for 93 percent of the cases since inception and have met the goal for 96 percent of the cases in the last 90 days.

Large encampment enforcement efforts are made throughout the city, including along the Tule River and the Porter Slough. The Police Department, Fire Department, Public Works Department, and Parks and Leisure Services Department all play integral roles in these large-scale projects. Coordination between multi-department personnel, equipment, enabling water levels, and timing all have to happen and must coincide with legal notices posted notifying the individuals of the impending cleanup of unattended areas.

In this first fiscal year of the encampment abatement program, due to more encampments needing to be cleaned up than predicted, this program budget is trending over its original budget estimate. The encampment crew has been able to keep up with the daily work orders submitted and coinciding 72-hour notices distributed by the Police Department. The efficiency of these programs along with accompanying budgets will continue to be evaluated by staff on an annual basis.

Staff has evaluated the reclassification of the weed abatement personnel to align with the classification and salary range of the homeless encampment abatement personnel. The estimated budgetary impact for this adjustment would equate to an increase of approximately $29,344 annually. Should the City Council desire to change the salary range prior to the end of the fiscal year, the impact would be proportionally estimated at $12,227. The City will begin negotiations with all represented bargaining groups this spring with the goal of entering into a new agreement prior to July 1, 2025. The proposed adjustment is able to be included in the negotiation process to be considered by the City Council.

These proposed changes along with any additional considerations that arise from labor negotiations will be evaluated and considered with the development of the 2025/26 budget.

Item No. 20.

RECOMMENDATION: That the City Council provide direction to staff regarding the weed abatement program.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 21.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Consideration to Rebrand Transit Vehicles
SOURCE: Public Works
COMMENT: At its meeting on January 21, 2025, the City Council approved Vice Mayor McKervey’s request for an item to be added to the February 4, 2025, agenda to explore options for rebranding the City’s transit vehicles. The current transit vehicle branding has been in place since 2019. The request aims to modernize the fleet's appearance while aligning with the City’s heritage by incorporating an American Flag theme and the City’s motto "In God We Trust."
The Transit Division currently operates a fleet consisting of 16 transit buses, 14 shuttle vans, and 8 minivans. Over the last 17 years, the branding of the fleet has changed multiple times:
• 2007-2010: Green and White wave design
• 2013: Orange and Green wave design
• 2019-2020: transPORT branding for battery-electric vans and minivans
• 2021: American Flag design on three battery-electric buses The attached Existing Transit Vehicle Branding document provides a visual reference for those different branding iterations.

Rebranding the transit vehicles presents an opportunity to: 1) enhance public perception of the City's transit services, 2) improve brand consistency across all vehicles, 3) increase public awareness of transit availability and reliability, and 4) promote civic identity through design elements that reflect the City's culture and vision.

To assist in exploring design options, staff worked with Transit Media, Inc. to develop the attached conceptual designs, estimate, and timeline based on the American Flag theme and the City's motto "In God We Trust." The estimated timeline for completion is 130 days, targeting completion by the end of June 2025. The total estimated cost for rebranding is $285,116.64.

The cost to rebrand each vehicle type varies depending on existing Item No. 21.
branding and paintwork. Below is a breakdown of estimated costs:

Vehicle Type Number of Vehicles Cost per Vehicle Total Cost Mini Vans 8 $2,651.84 $21,214.71
Shuttle Vans (GP) 3 $3,786.64 $11,359.92
Shuttle Vans (Ford) 12 $5,825.60 $69,907.20
Transit Buses (2007)* 4 $14,014.00 $56,056.00
Transit Buses (2010)* 5 $14,014.00 $70,070.00
Transit Buses (2013-
2015)*
4 $14,014.00 $56,056.00
Transit Buses (2022) 3 $150.94 $452.81
Total Estimated Cost $285,116.64
If the Council chooses not to wrap the 11 vehicles scheduled for replacement (9 transit buses and 2 shuttle vans), the total project cost could be reduced by $131,429.68.

Funding for the rebranding initiative can be sourced from the Transit Division's operating budget, with financial assistance provided by the Federal Transit Administration (FTA) covering up to 50% of the cost.

The remaining 50% would be covered by Local Transportation Funds (LTF) as the local match.

RECOMMENDATION: That the City Council provide direction regarding the rebranding of the City's transit vehicles, including modifying the design approach or branding elements and the number of vehicles based on Council preferences.

ATTACHMENTS: 1. Existing Transit Vehicle Branding

2. Conceptual Design

3. Estimate
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Existing Transit Vehicle Branding
American Flag Theme – Transit Bus
Orange & Green Theme
Original Green & White Theme
transPORT Theme – Shuttle Van

transPORT Theme – Minivan

Item No. 22.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Consideration to Amend FY 2024-25 Transit Division Budget and Program of Projects
SOURCE: Public Works
COMMENT: At the City Council meeting held on June 18, 2024, the Council adopted the FY 2024-25 Transit Operating and Capital Improvement Program (Program of Projects). The Program of Projects was subsequently forwarded to the Tulare County Association of Governments (TCAG) for inclusion in the statewide Federal Transportation Improvement Program (FTIP). This inclusion allows the City to submit Federal Transit Administration (FTA) grant applications, including Section 5307 and 5339 funding.

On August 6, 2024, the Council adopted Resolution 57-2024 amending the FY 2024-25 Transit Division Budget and Program of Projects to address departmental needs and allocate federal funding. This amendment increased the total financial assistance from $9,458,400 to $15,567,225 and raised the local match requirement from $2,497,284 to $5,979,288.

Due to final reconciliation with the Tulare County Regional Transit Agency (TCRTA) and the allocation of new SB 125 funding, it is necessary to amend the FY 2024-25 budget again. The proposed amendment increases federal and state capital financial assistance from $15,567,225 to $16,409,654 while reducing the local match funding requirement from $5,979,288 to $5,935,774. Total budget increases from $21,546,513 to $22,345,428.

The attached FY 2024-2025 Program of Projects provides a complete list of operating and capital improvement projects, including the integration of new SB 125 funding to design the new maintenance facility and updates to project cost estimates to critical facility and infrastructure improvements.

RECOMMENDATION: That the City Council:

1. Approve the draft resolution adopting the amended FY 2024-2025 Transit Division Budget and Program of
Item No. 22.

Projects;

2. Authorize staff to submit necessary updates to TCAG
and the FTA; and

3. Direct staff to report back on the status of key projects during the next quarterly update.

ATTACHMENTS: 1. Draft Resolution

2. Program of Projects_1.21.25

3. Staff Report - 8-6-2024

4. Resolution 57-2024 - 8-6-2024
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 4 ends

RESOLUTION NO. -2025

A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF PORTERVILLE RESCINDING RESOLUTION NO. 57-2024 AND ADOPTING THE AMENDED

TRANSIT BUDGET AND PROGRAM OF PROJECTS FOR
FISCAL YEAR 2024-2025
WHEREAS: The City Council previously adopted Resolution No. 57-2024 on August 6, 2024, approving the Transit Operating and Capital Improvement Budget for Fiscal Year 2024-25; and
WHEREAS: After further review and adjustments, the City Council has determined that updates to the Transit Budget are necessary to better address the fiscal and operational requirements of the Transit Division for Fiscal Year 2024-25; and WHEREAS: The amended budget has been prepared and presented by the City Manager for City Council consideration, including revised allocations and expenditures (Attachment A); and
WHEREAS: The City Council after thorough review, has determined said amended budget, as modified and corrected, is in all respects suitable and adequate for the purposes of said budget and covers the necessary expenditures of the Transit Division of the City of Porterville for the 2024-2025 Fiscal Year.

NOW, THEREFORE, BE IT RESOLVED:

1. Rescission of Prior Resolution: Resolution No. 57-2024 is hereby rescinded in its entirety.

2. Adoption of Updated Budget: The City of Porterville Transit Budget for 2024- 2025 fiscal year is adopted in the following amounts:

Operating Budget $5,956,402
Capital Projects $16,389,026
Total $22,345,428

3. Staff will update Council on the condition of the budget and ongoing validity of assumptions utilized to create it during the months of November, February and May of the fiscal year, or at any time information becomes available that would alter the viability of this budget.

4. Increased service levels that require additional appropriations shall not be implemented without prior City Council approval.

Resolution No. ___-2025

Page 2 of 4 ends

PASSED, APPROVED AND ADOPTED this 4th day of February 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Resolution No. ___-2025

Page 3 of 4 ends

ATTACHMENT A

CITY OF PORTERVILLE

ANNUAL BUDGET
2024 – 2025

AMENDED

TRANSIT FUND
The Transit Fund was established in fiscal year 1982-83 to account for the income and expenses of the Demand Response and Fixed Route transit programs which are operated by a private contractor. Prior to 1982-83, this fund was combined with the Special Gas Tax Fund.

Revenue sources include Local Transportation Fund (LTF) derived from the ¼ -cent general sales tax and the State Transit Assistance Fund (STAF) derived from sales tax on diesel fuel. Other revenue sources include fare box revenues and federal and state grants.

The capital expenditures proposed for fiscal year 2024-25 include the following:

Appropriation
Preventative Maintenance $1,500,000
Transit Center Improvements $142,000
Fuel System Upgrades $365,000
Bus Garage Fencing $150,000
Charging Station Improvements $1,885,000
Facility Improvements $500,000
Bus Stop Improvements $1,000,000
Non-Revenue Vehicles – Support $121,930
Non-Revenue Vehicles – Maintenance $425,000
Revenue Fleet Replacement – Demand Response $248,915
Revenue Fleet Replacement – Fixed Route $7,490,000
Fare Collection System Upgrades $200,000
Helping Obtain Prosperity for Everyone $161,181
Short Range Transit Plan $200,000
Bus Maintenance Facility (Design) $2,000,000
Total $16,389,026
Resolution No. ___-2025

Page 4 of 4 ends

CITY OF PORTERVILLE

ANNUAL BUDGET
2024 – 2025

AMENDED

TRANSIT FUND
2024-2025
2023-2024
Revised Estimate
Original
Estimate
Revised
Estimate
Available balance, beginning of year $ 1,073,716 $ 1,020,248 $ 1,020,248 Add:

Revenues from:

LTF - 1,497,284 4,330,926
STAF - 1,000,000 1,022,348
Sales tax, Measure R - 170,000 170,000
TCRTA Reimbursements 1,272,876 - -
Farebox - 400,000 400,000
Grants - 9,458,400 16,409,654
Other income 19,385 12,500 12,500
Reimbursements - - -
Total $ 1,292,261 $ 12,538,184 $ 22,345,428
Less:

Appropriations for:

Capital Outlay - 7,198,000 16,389,026
Operations 1,345,729 6,360,432 5,956,402
Total $ 1,345,729 $ 13,558,432 $ 22,345,428
Available balance, end of year $ 1,020,248 $ - $ -
FY 2024-25
Program of Projects
Total Project Federal Federal Federal Federal State Local 5307 New 5307 Old 5339 DOE
Transit FTA Projects
NEW FTA 24/25 Operating 5,750,000 $ 2,875,000 $ - $ - $ - $ - $ 2,875,000 $ NEW FTA 24/25 Preventative Maintenance 1,500,000 $ 1,200,000 $ - $ - $ - $ - $ 300,000 $ NEW SGR Transit Center Improvements 142,000 $ - $ - $ - $ - $ 113,600 $ 28,400 $ NEW FTA Fuel System Upgrades 365,000 $ 292,000 $ - $ - $ - $ - $ 73,000 $ NEW FTA Bus Garage Fencing 150,000 $ 120,000 $ - $ - $ - $ - $ 30,000 $ CA-2019-080 Charging Station Infrastructure 585,000 $ - $ 467,625 $ - $ - $ - $ 117,375 $ NEW FTA Charging Station Improvements 1,300,000 $ 1,040,000 $ - $ - $ - $ - $ 260,000 $ NEW FTA Facility Improvements (Gates, Lobby, Furniture, Etc) 500,000 $ 400,000 $ - $ - $ - $ - $ 100,000 $ NEW FTA Bus Stop Shelters 644,000 $ 515,200 $ - $ - $ - $ - $ 128,800 $ NEW FTA Bus Stop Signs 100,000 $ 80,000 $ - $ - $ - $ - $ 20,000 $ NEW FTA Bus Stop Trash Receptacles 256,000 $ 204,800 $ - $ - $ - $ - $ 51,200 $ NEW DOE Non-Revenue Vehicles - Support (Tesla) 121,930 $ - $ - $ - $ 121,930 $ - $ - $ NEW FTA Non-Revenue Vehicles - Maintenance (Side Loader) 425,000 $ 340,000 $ - $ - $ - $ - $ 85,000 $ NEW FTA (5339) Revenue Fleet Replacement Vehicles - DR (Vans) 248,915 $ - $ - $ 207,429 $ - $ - $ 41,486 $ CA-2023-206 (5339) Revenue Fleet Replacement Vehicle - FR (Buses) 690,000 $ - $ - $ 552,000 $ - $ - $ 138,000 $ NEW FTA Revenue Fleet Replacement Vehicle - FR (Buses) 6,800,000 $ 5,440,000 $ - $ - $ - $ - $ 1,360,000 $ NEW FTA Fare Collection System Upgrades 200,000 $ 160,000 $ - $ - $ - $ - $ 40,000 $ CA-81-2006 Helping Obtain Prosperity for Everyone 161,181 $ - $ 120,070 $ - $ - $ - $ 41,111 $ NEW State Short Range Transit Plan 200,000 $ - $ - $ - $ - $ 160,000 $ 40,000 $ NEW STATE (SB 125) Bus Maintenance Facility (Design & Const. Mgmt) 2,000,000 $ - $ - $ - $ - $ 2,000,000 $ - $ $ 12,667,000 22,139,026 $ 587,695 $ 759,429 $ 121,930 $ 2,273,600 $ 5,729,372 $ FEDERAL 5307 12,667,000 $
FEDERAL 5307 OLD 587,695 $
FEDERAL 5339 759,429 $
FEDERAL DOE 121,930 $
STATE REVENUES 2,273,600 $
LOCAL REVENUES 5,729,372 $
TOTAL REVENUES 22,139,026 $
TOTAL

PROGRAM OF PROJECTS

FACILITY IMPROVEMENTSFLEET BUS STOP IMPROVEMENTSMISCELLANEOUSPLANNING & DESIGNOPERATING & MAINTENANCE Item No. 25.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Approval of Amended FY 2024-25 Transit Division Budget, Program Of Projects, and TDA Claim
SOURCE: Public Works
COMMENT: On June 18, 2024, the City Council adopted the fiscal year (FY) 2024-25 Transit Operating and Capital Improvement Program, commonly referred to as the Program of Projects. The Program of Projects is then forwarded to the Tulare County Association of Governments (TCAG) for concurrence and to be included in the statewide Federal Transportation Improvement Program (FTIP).

Once the projects have been included in the FTIP, the City may submit Federal Transit Administration (FTA) 49 U.S.C. grant applications, which includes Section 5307, 5339, and other grant funds.

On July 16, 2024, the City Council adopted Resolution 40-2024 authorizing an allocation request for FY 2024-2025 Transportation Development Act Claim in the amounts of $1,022,347.91 in State Transit Assistance (STA) and $1,497,284 in Local Transportation Funds (LTF). These funds serve as local match funding for federal and state operating and capital financial assistance.

Since FY 2000, the City of Porterville has been the sole transit operator within the Porterville Urbanized Area (Porterville UZA), except for FY 2022-2023 and FY 2023-24, when the Tulare County Regional Transit Agency (TCRTA) operated on behalf of the City of Porterville. As of FY 2024-2025, the City of Porterville is the sole transit operator within the Porterville UZA.

As of the FY 2024, the Porterville UZA's FTA Section 5307 fund balance is approximately $13,694,960, of which, $7,198,000 was programmed by the City in its adopted FY 2024-25 budget, leaving an unallocated amount of $6,496,960.

It is staff's recommendation to amend the Transit Division's FY 2024-2025 Operating and Capital Improvement Project Budget to include a revised list of program of projects to better address the needs of the department and to allocate the majority of the funding. As presented, the total amount of operating and capital federal and state financial assistance would increase from $9,458,400 to $15,567,225. Local match funding for operating and capital projects would increase from $2,497,284 to $5,476,788. The summary of changes includes the following:

Local Transportation Funds (LTF): Increasing LTF funding from $1,497,284 to $4,454,440 as local match funding for the updated program of projects.

Item No. 25.

State Transit Assistance (STAF): Increasing STAF funding from $1,000,000 to $1,022,348 based on the updated estimates provided by TCAG.

Operating Assistance: Increasing operating assistance from $5,000,000 to $6,000,000 to match planned expenditures.

Preventative Maintenance: No Change.

Facility Improvements (Transit Center): Increase project funding from $75,000 to $142,000 and funding this project with State of Good Repair (SGR) rather than 5307.

Non-Revenue Vehicles: New project, which includes the purchase of support vehicles for staff and bus stop maintenance. The total project cost is $521,930 and is funded in part by the Department of Energy and the FTA.

Revenue Vehicles (Demand Response): New project, which includes the purchase of replacement revenue vehicles for demand response services. The total project cost is $430,000 and is funded by FTA Section 5339.

Revenue Vehicles (Fixed Route): Increasing project funding from $3,488,000 to $8,690,000 for the purchase of replacement revenue vehicles for fixed route services. Funded in part by FTA Section 5307 and 5339.

Charging Station Improvements: Formally scheduled for renewable energy (solar) improvement projects and now changed to charging station improvement projects. This project includes $585,000 from a previously approved FTA grant and the remaining $1,000,000 is allocated in the FY 2024-2025 budget. The total project increased from $1,000,000 to $1,585,000 due to remaining grant balances.

Bus Stop Improvements: Increases project funding from $200,000 to $1,000,000 for various bus stop amenities including bus stop shelters, signs, benches, trash receptacles, etc.

Fare Collection System Upgrades: New project, which includes the purchase of software and hardware equipment required to collect passenger revenues across fixed route and demand response services. The total project cost is $800,000 and is funded by FTA Section 5307.

Removed Projects: Removed projects include signal preemption ($250,000), designing a new bus maintenance facility ($1,500,000), multi-modal corridor improvements ($60,000), and bus maintenance facility improvements ($300,000).

RECOMMENDATION: That the City Council:

1. Rescind Resolution 40-2024 for the FY 2024 TDA claim; Item No. 25.

2. Approve the draft resolution adopting the amended FY 2024- 25 Transit Division Budget and Program of Projects; and

3. Approve the draft resolution for the FY 2024 TDA claim.

ATTACHMENTS: 1. Fiscal Year 2024-2025 Transit Budget

2. Fiscal Year 2024-2025 Amended Transit Budget

3. Draft Resolution - Amended Transit Budget

4. Draft Resolution - 2024 TDA

5. Resolution 40-2024

6. FTA Program of Projects
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager

Item No. 23.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Council Consideration of Approval to Enter into a Joint Powers Authority Agreement between the City of Porterville and Porterville Irrigation District
SOURCE: Public Works
COMMENT: The Sustainable Groundwater Management Act (SGMA), enacted in 2014, mandates the establishment of Groundwater Sustainability Agencies (GSAs) to oversee the sustainable management of groundwater resources within mediumand high-priority basins. The Tule Subbasin, which includes the City of Porterville (City) and the Porterville Irrigation District (PID), is designated as such basin.

The City of Porterville and PID were previously part of the Eastern Tule Groundwater Sustainability Agency (ETGSA), which was responsible for groundwater management in the region. However, on September 17, 2024, the State Water Resources Control Board placed the Tule Subbasin on probation due to deficiencies in ETGSA’s Groundwater Sustainability Plan (GSP). In response, the City and PID have determined that forming a new, more localized GSA will better serve the groundwater management needs of both entities.

The proposed Porterville Groundwater Sustainability Agency (PGSA) will be formed through a Joint Powers Agreement (JPA) between the City of Porterville and PID. This agreement establishes a new governance structure to implement SGMA regulations, develop a Groundwater Sustainability Plan (GSP), and coordinate with other GSAs in the Tule Subbasin.

Key Provisions of the JPA:

1. Creation of a Joint Powers Authority (JPA): The agreement establishes the Porterville Groundwater Sustainability Agency (PGSA) as a public entity separate from its members.

2. Purpose & Responsibilities:
• Serve as the GSA for portions of the Tule Subbasin under the jurisdiction of the City and PID.
• Develop and implement a Groundwater Sustainability Plan (GSP) to meet SGMA compliance.
• Engage with stakeholders, conduct data collection, and negotiate coordination agreements with other GSAs.

3. Governance Structure:
• A four-member Board of Directors, consisting of two members from PID, one from the City Council, and one City staff representative. • The Board will oversee policy decisions, budget allocations, and SGMA compliance.

4. Financial Considerations:

Item No. 23.
• Initial funding will be shared between the City and PID based on agreed-upon cost-sharing formulas.
• Future funding mechanisms may include state grants, groundwater extraction fees, and local assessments.

5. Withdrawal & Termination:
• Any member may withdraw with 180 days' notice.
• The JPA remains in effect unless terminated by unanimous agreement.

While the exact costs are yet to be finalized, the initial administrative expenses are anticipated to be shared between the City of Porterville and PID. Additionally, state and federal grant opportunities will be pursued to support long-term operational needs. The City's share of costs will be allocated from the Water Operating Fund.

The formation of the Porterville Groundwater Sustainability Agency (PGSA) is exempt from the California Environmental Quality Act (CEQA) as it involves governmental administrative actions related to groundwater management compliance under SGMA.

By entering into this Joint Powers Agreement (JPA) with PID, the City of Porterville will take a proactive role in sustainable groundwater management, ensuring local control over groundwater resources and compliance with SGMA. The new agency will provide a more effective governance structure while addressing state-imposed deficiencies in the groundwater sustainability framework.

RECOMMENDATION: That City Council:

1. Approve the Porterville Groundwater Sustainability Agency Joint Powers Agreement (JPA) between the City of
Porterville and the Porterville Irrigation District; and

2. Authorize the appointment of a Council Member and Staff Member to sit on the Porterville GSA Board; and

3. Authorize the Mayor to sign the attached JPA Agreement to form the Porterville GSA.

ATTACHMENTS: 1. Draft Porterville Groundwater Sustainability Agency Joint Powers Agreement

2. Proposed Porterville GSA Map
Appropriated/Funded:

Review By:

Department Director:

Final Approver: Jason Ridenour, Interim City Manager

AGREEMENT TO FORM A JOINT POWERS AUTHORITY

PORTERVILLE GROUNDWATER SUSTAINABILITY AGENCY
THIS AGREEMENT (“Agreement”) is made , 2025, by
and between PORTERVILLE IRRIGATION DISTRICT (“PID”), and the CITY OF PORTERVILLE (“City”) (PID and City are hereinafter referred to individually as “Member” and collectively as “Members”), in light of the following:

RECITALS
A. During September 2014, Governor Brown signed three bills (SB 1168, SB 1319, and AB 1739) into law creating the Sustainable Groundwater Management Act (“SGMA”).

B. SGMA authorizes the formation of an entity called a Groundwater Sustainability Agency (“GSA”), one or more of which are authorized to be responsible for implementing provisions of SGMA as to each groundwater basin and subbasin falling within the provisions of SGMA.

C. The City and PID overlie the Tule Subbasin (5-22.13 of the Department of Water Resources Bulletin 118 classifications) (“Subbasin”), an unadjudicated groundwater basin, portions of which underlie the jurisdictional boundaries of each Member.

D. Each of the Members to this Agreement is a local government entity with either water supply, water management, or land use responsibilities within the Subbasin and is qualified individually to serve as a GSA under the provisions of SGMA.

E. Under SGMA, a combination of local agencies may elect to form a GSA through a joint powers agreement.

F. PID and the City were formerly managed under the Eastern Tule Groundwater Sustainability Agency;
G. On or about September 17, 2024, the State Water Resources Control Board designated the Tule Subbasin as a “probationary basin” for the purposes of SGMA, based, in part, upon the determination that the Groundwater Sustainability Plain (“GSP”) for the Eastern Tule Groundwater Sustainability Agency (“ETGSA”) was deficient; H. The City and PID share various water management activities and water supply in coordination with each other. The City and PID current and past groundwater management is sustainable.

I. PID and City desire to work cooperatively in order to form a Groundwater Sustainability Agency and approve and implement a Groundwater Sustainability Plan and Coordination Agreement.

J. The Members intend by this Agreement to create a joint powers authority that will elect to become a GSA for their jurisdictional areas covering a portion of the Subbasin.

K. The Members desire, once successfully electing to be a GSA, to begin collecting and organizing data, engaging and retaining experts and consultants, and soliciting feedback from beneficial users, users of groundwater and interested parties within the portion of the Subbasin subject to their jurisdiction, for the purpose of preparing a GSP and for the purpose of negotiating Coordination Agreements with the other GSAs in the Subbasin.

L. The Members intend by this Agreement to provide for the management and funding commitments reasonably anticipated to be necessary for the above purposes.

M. The Members intend by this Agreement to provide a framework for cooperative efforts for all entities and individuals within the Authority’s jurisdictional area and to implement SGMA in the most effective, efficient, and fair way reasonably possible, and at the lowest reasonable cost.

NOW THEREFORE, in consideration of the promises, terms, conditions, and covenants contained herein, the Members hereby agree as follows:

ARTICLE I

GENERAL PROVISIONS
Section 1.01. Creation of Authority. Pursuant to California Government Code Section 6500 et seq., there is hereby created a public entity to be known as the “Porterville Groundwater Sustainability Agency” (hereinafter referred to as the “Authority”), which shall be a public entity separate and apart from the Members, and shall administer this Agreement.

Section 1.02. Purpose. The purposes of this Agreement are:
(a) To create a Joint Powers Authority separate from its Members that will elect to be the GSA for a portion of the Subbasin;
(b) To develop, adopt, and implement a GSP in order to implement SGMA’s requirements and achieve sustainability goals outlined in SGMA; and
(c) To enter into a Coordination Agreement or similar agreement with other GSAs in order to meet the sustainability requirements outlined in SGMA.

ARTICLE II
POWERS
Section 2.01. Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of all powers authorized under SGMA and necessary to satisfy the requirements of SGMA. The Authority shall exercise powers only as authorized by law as identified in Section 2.04 herein.

Section 2.02. Restrictions on the Exercise of Powers. Pursuant to Government Code Section 6509 et seq., the powers of the Authority shall be exercised and restricted in the same manner as those imposed upon PID.

Section 2.03. Obligations of the Authority. No debt, liability or obligation of the Authority shall constitute a debt, liability or obligation of any of the Members, appointed members of the Board of Directors, or committee members in accordance with Government Code Section 6507 and 6508.1.

Section 2.04. Water Right. As provided in Water Code Section 10720.5 of SGMA, the Authority and all of its Members confirm that groundwater management under this Authority shall be consistent with Section 2 of Article X of the California Constitution and that any groundwater sustainability plan adopted by the Authority shall not determine or alter surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights.

ARTICLE III

GOVERNING BODY
Section 3.01. Governing Board. The Authority shall be administered by a Board of Directors (“Board”), composed of Directors and alternate Directors as described herein, to serve at the pleasure of their appointive governing body. All voting power of the Authority shall reside in the Board.
(a) The Board shall consist of four Directors who shall be appointed as follows:
(1) Two elected members of the governing body of PID;
(2) One elected member of the governing body of the City; and (3) One staff member of the City.
(b) Each Member shall appoint one person, who is either an elected member of the governing body of the Member entity or on the staff of such Member entity, to serve as an alternate Director of the Board in the same manner as the Director is appointed by the Member. (c) Directors and alternate Directors shall serve at the pleasure of the Board and may be removed or replaced as follows:
(1) Directors appointed by Members may be removed or replaced at any time by their governing board.
(2) Appointees of the Board may be removed or replaced by the Board for failure to attend at least three (3) consecutive Board meetings without excuse, or may also be removed or replaced at any time by the appointee’s governing board or nominating committee.
(3) A Director who is no longer either an elected member of the governing body of the entity or on the staff of such entity that qualified such director to serve on the Board shall be deemed automatically removed from the Board.

Section 3.02. Meetings of the Board. The Board shall provide for calling and conducting its regular meetings and special meetings, in accordance with Government Code Section 54950 et seq.

Section 3.03. Minutes. The Secretary shall cause to be kept summary minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the summary minutes to be forwarded to each Director and to each of the Members.

Section 3.04. Voting. Each Director shall have one vote.

Section 3.05. Quorum; Required Votes; Approval. A quorum of the Board for convening of any meeting shall consist of a majority of all Directors, or in the absence of a Director, such Director’s designated alternate. A quorum of the Board must be present at the time of any vote on any matter before the Board. An affirmative vote of at least a majority of all Directors, or designated alternate Director, present in a quorum of the Board, shall be required for any action of the Board.

Section 3.06. Bylaws. The Board may adopt bylaws and governing regulations consistent with this Agreement, which may be amended from time to time, for the conduct of its meetings as are necessary for the purposes hereof.

ARTICLE IV

COMMITTEES
Section 4.01. Committee Formation. Committees shall be formed by the Board in order to advise the Board on matters that fall within the scope of the particular committee’s assignment.

Committees may be standing committees or ad hoc committees. Committees shall meet as often as directed by the Board or, if no such direction is given, as often as necessary, as determined by the Chair of the committee.

ARTICLE V

OFFICERS AND EMPLOYEES
Section 5.01. Chair and Vice-Chair. Each year the Board shall elect a Chair and a Vice-Chair from among the Directors. The Chair and the Vice-Chair shall serve at the pleasure of the Board and shall perform the duties normally required of said offices. (a) The Chair shall (1) preside at and conduct each meeting of the Board, (2) represent the Board as directed by the Board, (3) be an ex-officio member of each committee established by the Board, and (4) perform such other duties as may be imposed by said Board;
(b) The Vice-Chair shall act and perform all of the Chair’s duties in the absence of the Chair; and
(c) The Chair or Vice-Chair may sign all contracts and agreements as approved by the Board.

Section 5.02. Secretary. The Board shall appoint a Secretary. The Secretary shall serve at the pleasure of the Board. The Secretary shall act on behalf of the Authority and perform such other duties as may be imposed by the Board. The Secretary may sign agreements for the Authority when authorized by the Board.

Section 5.03. Treasurer and Auditor.
(a) PID shall be the depositary, shall have custody of all the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code Sections 6505 and 6505.5. PID shall be responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of PID.
(b) PID shall assure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority.

Section 5.03. Officers in Charge of Records; Funds; and Accounts. Pursuant to Government Code Section 6505.1, PID shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority.

Section 5.04. Employees and Consultants. The Board may hire employees and consultants, including engineers, accountants and attorneys, to provide services and leadership to the Authority to accomplish the purposes of the Authority.

ARTICLE VI
ACCOUNTS AND REPORTS; FUNDS
Section 6.01. Accounts and Reports. PID shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times by the public and representatives of the Members. PID, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members.

Section 6.02. Annual Budget. The Board shall adopt a budget for the Authority. PID shall provide funds as set forth in the adopted budget. Should PID contribute grant funds such funds shall be restricted to the approved grant tasks. Members other than PID shall make contributions which shall be included in the budget adopted by the Board. A Director’s affirmative vote to approve a budget does not constitute consent to finance or otherwise participate in any project or projects within that budget.

Section 6.03. Intention for Reimbursement for Expenditures from Grant Proceeds. It is the intention of the Members that the advancement of monies by any Members or for expenses of the operational needs of the Authority shall be reimbursed from the proceeds of grants, if grant funds are obtained and such reimbursement is allowable under the terms of any grant agreement.

Section 6.04. Assessment of Members. The Board may vote to assess Members for a share of costs incurred by the Authority or which are anticipated to be incurred by the Authority. All assessments shall be paid by Members within sixty (60) days of the approval of the assessment by the Board. Any Member or entity failing to timely pay an assessment may lose its privilege to vote on any item presented to the Board, until such assessment is paid.

ARTICLE VII

MEMBERSHIP
Section 7.01. Other Members. The Board may vote to approve other entities to be a Member of the Authority with representatives serving as Director and alternate Director on the Board. The Board may vote to remove any Member as a member of the Authority.

ARTICLE VIII
TERM; WITHDRAWL; TERMINATION
Section 8.01. Term. The Members hereby agree to establish the Authority to last in perpetuity.

This Agreement may be rescinded and the Authority terminated by unanimous written consent of all Members.

Section 8.02. Withdrawal of Member. A Member may terminate its membership in the Authority at any time upon giving of 180 days’ written notice of the withdrawal to the Authority.

Section 8.03. Disposition of Assets. Upon termination of the Authority, any assets shall be returned to the Members and in the same proportion said Members have funded such reserves or surplus, in accordance with California Government Code Section 6512.

ARTICLE IX

MISCELLANEOUS PROVISIONS
Section 9.01. Amendments. This Agreement may be amended by the Board at any time, or from time to time.

Section 9.02. Indemnification. The Authority shall indemnify, defend, and save harmless the Members, their officers, agents, and employees, and appointed members of the Board of Directors, their officers, agents, and employees, and committee members, their officers, agents, and employees, from and against any and all claims and losses whatsoever, occurring or resulting to persons, firms, or corporations furnishing or supplying work, services, materials or supplies to the Authority in connection with the performance of this Agreement, and, except as expressly provided by law, from any and all claims and losses accruing or resulting to any persons, firm or corporation, for damage, injury, or death arising out of or connected with the Authority’s performance of its obligations under this Agreement. Nothing herein shall limit the right of the Authority to purchase insurance or to create a self-insurance mechanism to provide coverage for the foregoing indemnity.

Section 9.03. Insurance. The Authority shall obtain insurance for all Members, appointed Board members, and committee members, including but not limited to directors and officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall determine will be necessary to adequately insure against the risks of liability that may be incurred by the Authority.

Section 9.04. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in force and unaffected to the fullest extent permitted by law and regulation.

Section 9.05. Secretary of State Filing Requirements. The Chairman of the Board of Directors of the Authority shall file a Notice of this Agreement with the Office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5 and within seventy (70) days of its effective date as required by Government Code Section 53051.

IN WITNESS WHEREOF, the Members hereto execute this Agreement to be effective on the date first written above.

PID:

PORTERVILLE IRRIGATION DISTRICT, a
California irrigation district
By:

Eric Borba, President

CITY:

CITY OF PORTERVILLE, a California charter
city
By:

Greg Meister, Mayor
CA-65
R
O
A
D 19
2 R
O
A
D
2 0
8 CA-190
AVENUE 184
R
O
A
D 18
4 AVENUE 128
R
O
A
D
2 0
0 AVENUE 144
AVENUE 176
AVENUE 152
R
O
A
D
216
AVENUE 136
AVENUE 160
DRIVE 242
AVENUE 124
S
P
L
A
N
O
S
T
N
P
L
A
N
O
S
T

W MORTON AVE
AVENUE 180
DRIVE
238
N
L
MI E
S
T

N MAIN ST
N
N
E
W
C
O
M
B
S
T
S
W
E
S
T
W
O
O
D
R
D
4 5
N
W
E
S
T
W
O
O
D
S
T
LY
N
C
H
D
R

W SCRANTON AVE
S IN
DIA
N
A
S
T

W WESTFIELD AVE
AVENUE 146
N
2 N
D
S
T
N
P
R
O
S
P
E
C
T
S
T
AVENUE 138

E ROBY AVE

W OLIVE AVE
S
J
AY
E
S
T
S
L
E
G
G
E
T
T
S
T
S
N
E
W
C
O
M
B
S
T
AVENUE 132

W TOMAH AVE

E DATE AVE
4 4
N
VIL
L
A
S
T

E SUCCESS DR
N
3 R
D
S
T
R
O
A
D
2 7
6 R
O
A
D
2 2
0 W
E
S
T
S
T

E OLIVE AVE

E MORTON AVE
AVENUE 178
N IN
DIA
N
A
S
T
R
O
A
D 19
6 S
M
AIN
S
T

W HENDERSON AVE
AVENUE 150

LINDA VISTA AVE
S
HIL
L
C
R
E
S
T
S
T
AVENUE 162
R
O
A
D
2 0
2 R
O
A
D
2 0
4 R
O
A
D
2 0
6 R
O
A
D
2 2
4 R
O
A
D
2 3
2 R
O
A
D
2 5
2 R
O
A
D
2 4
8 R
O
A
D
2 8
4 AVENUE 140
R
O
A
D
2 6
8 N
F
S
T
N
E
S
T
S
C
R
E
S
T
VIE
W
S
T
N
D
S
T
AVENUE 168
AVENUE 148
AVENUE 182

W TEAPOT DOME AVE

W PUTNAM AVE

E SPRINGVILLE AVE
N
N
E
W
C
O
M
B

W KANAI AVE

W PIONEER AVE

W REID AVE

N SCENIC
DR
N
4 T
H
S
T
N
G
S
T
N
J
AY
E
S
T
R
O
A
D
212

E GRAND AVE
N
P
O
R
T
E
R
R
D
S
A
S
T
N
M
AT
H
E
W
S
T

E TEAPOT DOME AVE
S
B
S
S
T
C
S
T
J
A
R
R
A
R
D
AV
E

W MULBERRY AVE

W CASTLE AVE
43 H
O
L
C
O
M
B
S
T

W GIBBONS AVE
S
P
R
O
S
P
E
C
T
S
T

JOHNS DR

E CRABTREE AVE

E MILL AVE

W BELLEVIEW AVE

E OAK AVE

E POPLAR AVE
L
O
S
R
O
B
L
E
S
AV
E

E GIBBONS AVE
N
B
E
V
E
R
LY
S
T
R
O
A
D 191

W SPRINGVILLE AVE
N
C
O
T
TA
G
E
S
T
R
O
A
D 18
8 E WORTH AVE

E HENDERSON AVE

N HIGHLAND DR

E RIVER AVE
R
O
A
D
2 6
5 W NORTHGRAND AVE
S
B
E
V
E
R
LY
S
T

E REID AVE
N
H
S
T
R
O
A
D 19
0 W ORANGE AVE
S
VIL
L
A
S
T
ROAD
238
S
D
O
Y
L
E
S
T
S
D
S
T
AVENUE 164

TULE AVE

E ORANGE AVE

POPLAR RD
R
O
A
D
2 4
3 S
E
S
T
R
O
A
D
2 2
8 ACACIA DR
R
O
A
D
2 4
4 N
C
O
N
N
E
R
S
T
S
C
O
N
N
E
R
S
T

E TYLER AVE
S
G
S
T

W BAKER AVE
N
Y
O
R
K
S
T

W POPLAR AVE

HEMLOCK AVE

HOPE DR
C
RY
S
TA
L
S
T
N
L
E
G
G
E
T
T
S
T

LOWE DR

E PUTNAM AVE

S CIRCLE DR

N CIRCLE DR

W GRAND AVE
IM
P
E
RIA
L
R
D

SEQUOIA DR

W DATE AVE
OLIVE
DR

S PARK ST
AVENUE 181
N
L
O
M
B
A
R
DI S
T

CRAWFORD AVE
C
E
D
A
R
R
D

E VANDALIA AVE

W VANDALIA AVE
ORANGE
BELT
DR

E COLLEGE AVE
R
E
D
W
O
O
D
S
T
A
R
G
Y
L
E
S
T
S
F
S
T

E CLEO AVE
S
H
S
T
S
C
O
T
TA
G
E
S
T
WA
L
K
E
R
C
O
B
B
S
T

E CHASE AVE
S
O
HIO
S
T

E THURMAN AVE

W THURMAN AVE
S
TAT
E
S
T
R
O
A
D
2 7
2 H
S
T
N
R
O
S
E
S
T
R
O
A
D 19
3 W BRIAN AVE

LA VIDA AVE
N
SU
N
NYSIDE
AVE

W DELLA AVE
S
W
S
T
N
M
LI O
S
T

E DIXIE DR

DEXTER AVE
R
O
A
D
2 7
8 S
WIS
C
O
N
SIN
S
T
M
A
G
N
O
LIA
R
D
N
B
E
L
M
O
N
T
S
T
S
L
O
TA
S
S
T
S
C
O
B
B
S
T
N
E
L
D
E
RW
O
O
D
S
T
B
A
X
L
E
Y
S
T
N
PAT
S
Y
S
T

KEVIN LN

HILL DR

E YATES AVE
N
C
O
B
B
S
T
AVENUE 154
AVENUE 172

JOSEF CT
N
R
O
C
H
E
S
T
AVENUE 151
N
WA
L
C
H
S
T
B
E
N
N
E
T
T
S
T
S
CO
RO
NA
D
R
B
A
L
M
O
R
A
L
D
R

W MEMORY LN

E WESTFIELD AVE
N
H
O
W
L
A
N
D
S
T
S
C
L
O
V
E
R
L
E
A
F
S
T
N
L
O
W
E
RY
S
T
N
SALIS
B
U
RY
ST
N
D

VI SI OI N
S
T

W YATES AVE
S
K
E
S
SIN
G
S
T
N
K
E
S
SIN
G
S
T

N HILLCREST ST
C
A
R
M
E
L
TI A
S
T
N
M
A
R
T
NI S
T

WHITE CHAPEL WAY

W ROBY AVE

DATE AVE

W FAIRHAVEN AVE

SANDRA LN
N
W
E
S
T
S
DI E
S
T
N
D
O
U
G
L
A
S
S
T

W LLOYD AVE

WALL CT

W BRIAN LN

LINCOLN ST

W CLEO AVE

VANDALIA AVE
S
M
A
S
T
O
N
S
T
R
O
A
D
2 7
4 SYCAMORE CT

W NANCY AVE

W MELINDA AVE
KIL
R
O
Y
R
D
N
DOREE
ST
DIL
L
O
N
C
T
H
A
L
S
E
Y
AV
E
N
J
E
N
NIF
E
R
WAY

E GARDEN AVE
S
WA
L
L
A
C
E
S
T
N
C
O
N
L
E
Y
S
T

W MCCOMB AVE

NANCY CIR

SAN LUCIA AVE

W GARDEN AVE
F
RA
N
K
E
R
D
S
AT
K
NI S
S
T

E LAUREL AVE

W JORDON ST
S
L
O
M
B
A
R
DI S
T
N
M
A
S
T
O
N
S
T

W YOWLUMNE AVE
S
E
STH
E
R
ST
R
O
A
D
216
S
O
HIO
S
T

W TEAPOT DOME AVE
R
O
A
D
2 0
2 AVENUE 164

W OLIVE AVE
N
G
S
T
AVENUE 124

W PIONEER AVE
AVENUE 140
S
P
R
O
S
P
E
C
T
S
T
R
O
A
D
2 3
8 AVENUE 160

E THURMAN AVE
S
W
S
T
R
O
A
D
2 4
8 R
O
A
D
2 2
4 S
G
S
T
AVENUE 168
AVENUE 178
AVENUE 136
AVENUE 168
S
N
E
W
C
O
M
B
S
T
S
O
HIO
S
T
S IN
DIA
N
A
S
T
S
F
S
T
N
H
S
T
AVENUE 180
S
F
S
T
R
O
A
D 18
8 S
HIL
L
C
R
E
S
T
S
T
R
O
A
D
2 0
4 AVENUE 128
R
O
A
D
2 0
0 45
R
O
A
D
2 3
2 S
E
S
T

E OLIVE AVE
AVENUE 168
S
P
R
O
S
P
E
C
T
S
T
R
O
A
D
2 0
0 POPLAR RD
AVENUE 124
R
O
A
D
2 7
2 AVENUE 150
N

DIVISIO
N
S
T
N
HIL
L
C
R
E
S
T
S
T
AVENUE 182
R
O
A
D 19
6 E RIVER AVE
R
O
A
D
2 0
0 4
3 N
C
O
B
B
ST
AVENUE 148
S
A
S
T
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community S:\Porterville ID\GSA\Base Map.mxd

PORTERVILLE

GROUNDWATER SUSTAINABILITY AGENCY
·
S:\Porterville ID\G
S
A\Base Map.mxd

Porterville City CouncilFebruary 4, 2025

Porterville City Council
February 4, 2025