City Council Agenda March 18, 2025
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
MARCH 18, 2025, 5:30 PM
The City of Porterville provides access to view city council meetings electronically. Please note that this service is offered as a courtesy and may not always be accessible to the public. To ensure the opportunity to participate in public comments and scheduled public hearings, individuals must attend in person.
This meeting will be available for viewing via YouTube at https://www.youtube.com/@cityofporterville4149 ,
and via Zoom using the following information:
https://us06web.zoom.us/j/84997785171?pwd=EA1SYbqbFqKrKqQcejQCxlNn8mDa0E.1 Or via Telephone: +1 669 900 6833 Webinar ID: 849 9778 5171 Passcode: 752459 Please direct any questions to the Office of City Clerk at 559-782-7464.
Call to Order
Roll Call
ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1. - Government Code Section 54956.95 – Liability Claim: Claimant: Charles Johnston. Agency claimed against: City of Porterville.
2. - Government Code Section 54956.95 – Liability Claim: Claimant: Jeff Sims. Agency claimed against: City of Porterville.
3. - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: A.A.B v. City of Porterville, et al., U.S. District Court, Eastern District, Case No. 1:25-CV-00261-EPG
4. - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Louis Cruz v. City of Porterville, et al., U.S.
District Court, Eastern District, Case No. 1:25-CV-00293-JLT-EPG.
5. - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Nagle Earthworks v. S&B Sons Inc., et al., Kern County Superior Court Case No. BCV-25-100682
City Council Agenda March 18, 2025
6. - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiff.
7. - Government Code Section 54957 - Public Employee
Appointment/Employment: Title: City Manager
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Vice Mayor McKervey
Invocation
PRESENTATIONS
Women's Rights Proclamation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time.
Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.
I. City Commission and Committee Meetings
1. Parks & Leisure Services Commission - March 6, 2025
2. Library & Literacy Commission - March 11, 2025
3. Arts Commission
4. Animal Control Commission
5. Youth Commission - March 12, 2025
6. Transactions and Use Tax Oversight Committee (TUTOC) - February 25, 2025
II. Staff Informational Reports
Water Conservation Phase IV Status Update - February 2025 2024 General Plan Annual Progress Report
CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion.
There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.
1. Approval of Draft Minutes of March 11, 2025
Re: Considering approval of the City Council draft Minutes of March 11, 2025.
City Council Agenda March 18, 2025
2. Authorization to Purchase of a Verticus Plus Bauer SCBA Fill Station Re: Consider the approval of the purchase of a Verticus Plus Bauer SCBA Fill Station for $61,338 from Bauer Compressors, using California State contract pricing, with a total project cost including sales tax, freight, installation, training, and electrical work, not to exceed $80,739.51
3. Authorization to Purchase Wanco - Mini Message Boards Re: Consideration to purchase two (2) Wanco Mini Message Boards from KRC, for an amount not to exceed $47,680.63, to improve traffic control measures and ensure the safety and efficiency of street maintenance operations conducted by the Street Division.
4. Authorization to Purchase Park Improvements Utilizing CDBG Funds and Authorization to Distribute Request for Qualifications
Re: Considering the purchase of playground equipment for Murry Park, including installation, through Community Development Block Grant Park Improvement Funds from Park Planet not to exceed $357,500; and consider the distribution of a Request for Qualifications for the ADA connectivity path portion of the project.
5. Authorization to Advertise for Bids - Landscape Screening Project Re: Considering approval of the Plans and Project Manual for the project, which includes the installation of landscaping and irrigation infrastructure for the Landscape Screening Project, located along State Route 190 from Prospect Street to Plano Street, and along State Route 65 from Henderson Avenue to Avenue 188.
6. Authorization to Distribute Request for Proposals - City Hall Metasys System Upgrade
Re: Consideration to authorize staff to distribute Request for Proposals for the City Hall Metasys System upgrade.
7. Authorization to Negotiate Consultant Services Contract - Tule River Tribe Village Corridor & Two Pedestrian Bridges Project
Re: Consideration to authorize staff to negotiate a scope of services contract with 4Creeks, Inc. of Visalia, for environmental and design services for the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project.
8. Declaration of Exempt Surplus Land APN 260-300-034 and Authorization to Enter into Option to Purchase and Sale Agreement
Re: Consideration of a draft resolution rescinding Resolution No. 12-2025 and adopt a draft resolution declaring the approximately 4.47-acre parcel of City-owned property, APN 260-300-034, as "exempt surplus land" as defined in Government Code Section 54220 et seq; and authorize entering into an Option to PurchasePurchase and Sale Agreement with Self Help Enterprises for APN 260-300-034.
9. Kern Community College District Police Range Cooperative Agreement Re: Consideration to approve a Cooperative Agreement with Kern Community College District to utilize the Porterville Police Department firing range for training and qualifications of their police cadets, for the period of 07/01/25, through 06/30/28.
10. Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival - April 5, 2025
City Council Agenda March 18, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Porterville Chamber Spring Festival event on Saturday, April 5, 2025, from 10:00 AM to 3:00 PM.
11. Approval of Community Civic Event - Central California Family Crisis Center - Ladies of Sinister Nation's 1st Annual Easter Egg Hunt & Basket Drive - April 5, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Central California Family Crisis Center to hold the "Ladies of Sinister Nation's 1st Annual Easter Egg Hunt & Basket Drive" event on Saturday, April 5, 2025, at Veterans Park, from 1:00 PM to 5:00 PM.
12. Approval of Community Civic Event - Boys and Girls Club of the Sequoias - 2025 Love Our Kids 5K Fun Run & Walk - April 5, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Boys and Girls Club of the Sequoias to hold the "2025 Love Our Kids 5K Fun Run & Walk" event on Saturday, April 5, at the Sports Complex, from 9:00 AM to 11:30 AM.
13. Approval of Community Civic Event - Experimental Aircraft Association - Porterville Military Academy 5K/10K Trail Run - April 12, 2025 Re: Consideration to approve the Community Civic Event application submitted by the Experimental Aircraft Association to hold the PMA 5K/10K Trail Run event on Saturday, April 12, 2025, from 8:00 AM to 12:00 PM, and for West Pioneer, between North Ohio Street to North Cottage Place, North Villa Street at West La Vida Ave, West Westfield Ave between North Howland Street and North Main Street, and West Reid Ave at North Scenic Drive, be closed only when runners are crossing.
14. Authorization for Out-of-State Travel
Re: Consider out-of-state travel and per diem expenses for Police Department personnel to travel to ProForce Marketing Inc, located in Prescott, Arizona to transport department guns for trade-in as agreed upon at time of purchase of the new department handguns.
15. Council Consideration and Approval of Amendments to the Eastern Tule Groundwater Sustainability Agency Joint Powers Authority Re: Council consideration and approval of amendments to the Eastern Tule Groundwater Sustainability Agencies Joint Powers Authority Agreement.
16. 2024 Housing Element Annual Progress Report
Re: Council to review the 2024 Housing Element Annual Progress Report and direct the Planning Division to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
17. City Council Member Requested Agenda Item - Consideration of Resolution Declaring Women's Rights in Porterville and Resolve to the Protection of Rights For All Constituents
Re: Consideration to add to the Council Agenda of April 1, 2025, an item to consider a Resolution Declaring Women's Rights in Porterville and Resolve to the Protection of Rights for All Constituents.
City Council Agenda March 18, 2025
18. City Council Member Requested Agenda Item - Consideration of Resolution Declaring Porterville a Constitutional City and Establishing the Rights of Its Constituents as the Highest Priority in Governance
Re: Consideration to add to the Council Agenda of April 1, 2025, an item to consider a Resolution Declaring Porterville a Constitutional City and Establishing the Rights of its Constituents as the Highest Priority in Governance.
19. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts relative to flood event.
SCHEDULED MATTERS
20. Council Discussion and Review of Sewer Rates on Non-Residential Institutional Customer Class Churches
Re: Council discussion and review of Sewer Rates impacting the non-residential customer class churches.
21. Consideration of Proposed Establishment of Ordinance Safeguarding Parental Rights in Education and Child Upbringing
Re: Council to provide direction on the proposed establishment of an Ordinance Safeguarding Parental Rights in Education and Child Upbringing.
22. Consideration of Letter of Opposition to Assembly Bill 1333 Re: Consideration of a draft letter of opposition to Assembly Bill 1333, a bill that limits justifiable homicide, requiring individuals to retreat before using deadly force outside their homes.
23. Consideration of Appointment of City Council Representatives to Porterville Airport Committee
Re: Consider appointing two City Council Members to serve on the Porterville Airport Committee.
24. Nomination of a City Public Transit Representative Alternate Member for the Governing Board of the Tulare County Association of Governments (TCAG) Re: Council to consider a candidate to nominate for appointment by the City Selection Committee as the City Public Transit Representative Alternate Member to the Governing Board of the Tulare County Association of Governments (TCAG).
25. Nomination of an Alternate Member to Serve on the Local Agency Formation Commission (LAFCO)
Re: Council to consider a candidate to nominate for appointment by the City Selection Committee to serve as the Alternate Member on the Local Agency Formation Commission (LAFCO) for the term ending the first Monday of May 2029.
26. Consideration of Cannabis Community Benefit Fund Allocations, Establishment of Community Benefit Non-Profit Grant Program and Community Benefit Small Business Grant Program
Re: Council to consider the proposed categorical allocation of funds in the community benefits program funds, funding a Community Benefit Non-Profit Grant Program with 40 percent ($65,906) of the fund balance, Community Benefit Small Business Grant Program with 20 percent ($32,953) of the fund balance, and City Council Agenda March 18, 2025
allocating 40 percent ($65,906) of the fund balance for resources for the Police Department’s SMART Team.
27. Consideration of Proposed Amendments to Chapter 15 article 7 and Chapter 21 Series 200 and 300 of Porterville Municipal Code Regarding Cannabis Dispensary Regulations and Potential Relocation of Existing Business Re: Consideration to set a public hearing to consider and give first reading to an Ordinance amending Chapter 21, Series 200 and 300 of the Porterville Municipal Code, adding "Cannabis Dispensaries" as a permitted use in the CG General Commercial Zone; consider the relocation of the cannabis dispensary located at 200 N. Main Street to 1432 W. Olive Avenue in Porterville; and consider a draft ordinance amending Article VII of Chapter 15 of the Porterville Municipal Code, with various proposed changes affecting cannabis dispensary operations, and the potential setting of the first reading and a public hearing.
28. Review of City Council Agenda Publication Timeline
Re: Council to provide direction on the timing of the publication of the City Council agenda.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Local Initiatives Navigation Center Committee (LINC) - March 5, 2025
2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - March 6, 2025
3. Mighty 190 Committee - March 10, 2025
4. Library Facility Planning Committee - March 13, 2025
5. Tulare County Association of Governments (TCAG) - March 17, 2025
ORAL COMMUNICATIONS
OTHER MATTERS
CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.
ADJOURNMENT - to the meeting of April 1, 2025, at 5:30 p.m.
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, requesting electronic participation as an accommodation, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 N. Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Water Conservation Phase IV Status Update - February 2025 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community.
As of October 1, 2024, the City transitioned from Phase III to Phase IV of its Water Conservation Plan. The plan applies to all municipal water users within or outside the city limits.
The Phase IV plan decreases outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.
Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for February 2025 show that no notices of violations were issued for water waste, and no administrative citations were issued.
Water production for February 2025 shows a seven percent (7%) decrease from the five-year average. The monthly production for February was 181 million gallons, which is a eight percent (8%) decrease compared to February 2013, when it was 197 million gallons.
Residential consumption for February 2025 was 75 gallons per capita per day (GPCD).
Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from February 2015 through February 2025. Porterville's cumulative total production conservation through February 2025 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from February 2015 through February 2025. Porterville's cumulative total GPCD conservation through February 2025 is twentyfive percent (25%).
Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).
The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year.
Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards. On July 3, 2024, the State Water Resources Control Board adopted Resolution No. 2024-0019 to make Conservation a California Way of Life. Making Conservation a California Way of Life is a new way of managing urban water use. The State Water Board will consider a regulation that establishes unique efficiency goals for each Urban Retail Water Supplier in California and provides those suppliers with flexibility to implement locally appropriate solutions. As part of the state’s all-of-the-above strategy to expand storage, develop new water supplies, and promote more efficient water use, this regulation seeks to cultivate long-term practices that help communities adapt to California's ongoing water challenges. The proposed regulation will lessen the need for the emergency water use reduction targets that were important in recent droughts. With this new resolution, it is a requirement to track indoor residential water use, which staff is currently in the process of implementing.
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status February 2025
2. Monthly Production Status GPCD February 2025
3. Drought Response Phase IV Flyer
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through February 2025 Production Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
5 Year AVG
0.00 25.00
50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through February 2025 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.
As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.
Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
NO WATERING
MONDAY THROUGH
FRIDAY.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.
OR
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: 2024 General Plan Annual Progress Report
SOURCE: Community Development
COMMENT: Pursuant to Government Code Section 65300, each city and county is required to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities. The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision-makers and staff with a solid foundation for land use and development decisions.
State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and
• Identify the status of the general plan and the process towards its implementation.
The City of Porterville most recently updated the General Plan in 2008, creating the Porterville 2030 General Plan. The update brought the General Plan into legislative compliance at that time and added optional elements for Economic Development, Parks, Schools, Community Facilities, and Public Utilities. In coordination with Tulare County Association of Governments (TCAG), the City of Porterville’s 6th Cycle Housing Element is currently pending HCD approval. Therefore, the attached report evaluates the progress made towards the implementation of the 2015-2023 5th Cycle Housing Element programs and they will be updated once the new Housing Element is adopted by the City Council and approved by HCD. On September 17, 2024, the City Council approved an amendment to the General Plan for the Public Health & Safety Element and adopted a new Environmental Justice Element. The 2030 Porterville General Plan contains the following elements:
• Land Use;
• Economic Development;
• Circulation;
• Parks, Schools & Community Facilities;
• Open Space & Conservation;
• Public Health & Safety;
• Public Utilities;
• Noise;
• Housing; and
• Environmental Justice Element
The City of Porterville made progress towards implementing the guiding and implementation policies of the current General Plan during the 2024 calendar year. Each section of the General Plan Annual Progress Report includes a summary of the overall objectives of the element, along with a summary of activities initiated or completed for the year, which show progress on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses and may not be an exhaustive list of all General Plan implementation progress made during the applicable calendar year.
Following the City Council's receipt of the General Plan Annual Progress Report, the Report will be sent to OPR and HCD for their review/filing.
BACKGROUND:
ANALYSIS:
ENVIRONMENTAL
REVIEW:
RECOMMENDATION:
ATTACHMENTS: 1. 2024 Porterville General Plan APR
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
City of Porterville General Plan
Annual Progress Report:
Calendar Year 2024
Prepared by:
City of Porterville Planning Division
291 N. Main Street
Porterville, CA 93257
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 1
Table of Contents
Introduction ..............................................................................................................................................2 Purpose of this Report .............................................................................................................................. 2 2030 Porterville General Plan ...................................................................................................................2 Amendments.............................................................................................................................................3 Annexations..............................................................................................................................................4 General Plan Implementation Progress ....................................................................................................4 Land Use Element .....................................................................................................................................4 Residential Projects..........................................................................................................................5 Commercial/Industrial Projects........................................................................................................6 Mixed Use Projects........................................................................................................................... 7 Economic Development Element..............................................................................................................8 Circulation Element...................................................................................................................................9 Parks, School & Community Facilities Element.......................................................................................10 Open Space & Conservation Element .....................................................................................................11 Public Health & Safety Element ..............................................................................................................11 Public Utilities Element ..........................................................................................................................12 Noise Element ........................................................................................................................................13 Environmental Justice Element...............................................................................................................13 Housing Element.....................................................................................................................................14 General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 2
Introduction
Purpose of this Report
California law requires each city and county to adopt a comprehensive, long-term general plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (Government Code Section 65300). The general plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision-makers and staff with a solid foundation for land use and development decisions.
State law further requires each jurisdiction to complete an annual report on the general plan, which is submitted to the local planning agency (the City Council), to the Governor’s Office of Planning and Research (OPR), and to the California Department of Housing and Community Development (HCD), in accordance with Government Code Section 65400. This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; and • Identify the status of the general plan and its implementation process.
The annual report is also required to include the information listed below, which is specific to reporting on progress related to the implementation of the housing element, a subset of the larger general plan document:
• Describe the City’s progress in meeting its Regional Housing Needs Allocation; • Describe progress in addressing/removing governmental constraints for the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.
The Housing Element Annual Progress Report is required to be submitted on forms provided by HCD and is often submitted as a separate report to HCD and OPR. The City of Porterville has completed the Housing Element Annual Progress Report for the calendar year 2024 and will submitted that report under a separate cover. Therefore, the above housing element-specific items are not included in this General Plan Annual Progress Report.
State law requires that the General Plan Annual Progress Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Progress Report summarizes the City’s progress toward implementing its General Plan during the 2024 calendar year.
2030 Porterville General Plan
The City of Porterville most recently updated its General Plan in 2008. The update brought the Plan into legislative compliance and added optional elements for Economic Development; Parks, Schools, Community Facilities; and Public Utilities. Porterville’s Housing Element is published separately and updated on a different timeline, with its most recent update for Sixth Cycle for 2023-2031 period, General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 3
submitted to HCD in August, 2024, received comments on October, 2024, subsequently addressed HCD’s comments, re-submitted to HCD on March 12, 2025, and currently pending review of revision comment’s from HCD. It is expected to be adopted by Summer 2025. On December 17, 2024, the Planning Division completed a focused Development Code Text Amendment to meet recent legislative requirements in the State of California and implement programs from the 6th Cycle Housing Element. These updates included updates to ADU standards as part of Housing Element Program 4, addressing replacement housing requirements of AB1397 as part of Housing Element Program 5, and multiple updates to allowed uses in residential zones as outlined in the Housing Element Program 6. On September 17, 2024, City Council approved and amended the Public Health and Safety Element and adopted the new Environmental Justice Element. The update of the Public Health and Safety Element addressed fire risk, flooding, and climate adaptation and resiliency. The adoption of the Environmental Justice Element focused on addressing the health risks facing Porterville, including air quality, pollution exposure, and housing access.
This update to the General Plan amended the goals and policies; however, no changes to land use designations occurred as a result of the update. The 2030 Porterville General Plan contains the following elements:
• Land Use
• Economic Development
• Circulation
• Parks, Schools & Community Facilities
• Open Space & Conservation
• Public Health & Safety
• Public Utilities
• Noise
• Housing
• Environmental Justice
Amendments
Two General Plan Amendments were completed in 2024.
Amendment
Number
Approval Date Description
2024-001 9/17/2024 Focused General Plan Update to the Public Health and Safety Element and the adoption of a new element, the
Environmental Justice. The update addressed fire risk,
flooding, and climate adaptation and resiliency for the Public Health and Safety Element.
The adoption of the Environmental Justice Element as a new element focused on addressing the health risks facing
Porterville, including air quality, pollution exposure, and housing access.
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 4
This update to the General Plan amended the goals and
policies; however, no changes to land use designations
occurred as a result of the update
2024-002 10/1/2024 General Plan Amendment to the Land Use Map and Circulation Map in order to adopt the SoTu Master Plan.
The SoTu Master Plan provides reductions in acreage of Low Density Residential and Retail Centers, and modest increases in Medium Density Residential, High Density Residential, Commercial Mixed-Use, Neighborhood Commercial,
Professional Office, Industrial Park, Park and Recreation, and Public Institutional. These land use changes proposed to facilitate the transition of the Plan Area from a predominately agricultural and rural residential area to a mixed-use district, allowing varying uses at varying densities and intensities.
The General Plan Amendment amends the Circulation Map to include two (2) collectors, A Street and B Street, to improve connectivity of the Plan Area to Westwood Street and
Newcomb Street.
Annexations
The City of Porterville General Plan includes implementation policies that encourage annexation of County islands and unincorporated lands within the City’s Sphere of Influence.
In 2024, the City of Porterville did not complete any requests for Annexation, although one application is being processed for the Family Healthcare Network expansion.
General Plan Implementation Progress
The following sections discuss the progress the City of Porterville made towards implementing the guiding and implementation policies of the current General Plan during the 2024 calendar year. Each section is organized by General Plan element and includes a summary of the overall objectives of the element. A summary of activities initiated or completed in 2024 will show progress made on the policies of the element. The activities listed focus primarily on actions that authorize physical improvements or the establishment of new uses. This is not an exhaustive list of all General Plan implementation progress made during the applicable calendar year.
Land Use Element
The Land Use Element assists in the orderly development of the community and designates the general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The Element also establishes standards of population density and building intensity. The General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 5
General Plan provides policies and standards for various land use types, summarized below. The activities identified for each land use type focus primarily on private development activity, including planning applications approved and building permits issued in 2024.
This report focused on data based on the approval and completion of projects that were approved by the City Council; however, additional permit approvals can be made at the staff level by the Zoning Administrator. Zoning Administrator approvals would typically include accessory structures or determinations of relief for fence height or setbacks and are often tied to a larger planning approval, heard by the City Council, or tied to the issuance of a building permit, both of which are already reported below.
Residential Projects
Seven residential land use designations are identified in the General Plan, ranging in density from a maximum of 2.5 units per acre to a maximum of 24 units per acre. These designations are intended to identify areas that are acceptable for housing, clarify the overall type of housing to be developed within each designation, and allow for a mixture of housing types, lot sizes, and affordability. Each residential designation includes a unit-per-acre maximum density expressed in units per gross acre. Types of housing include single-family units, multiple-family units, including duplexes and apartment buildings, and mobile homes.
2024 Activities
The City approved several entitlement applications or issued building permits for residential projects, as follows:
• PRC 2005-028 Sierra Valley TSM: City staff worked with the applicant to extend the life of the tentative subdivision map consisting of 74 lots.
• PRC 2005-061 Royal Oaks: Phase 3 is under construction, 192 lots. • PRC 2017-048 Terraza Multi-Family Neighborhood: Approved TSM, pending final map, 46 units. • 2017-055 Aria Subdivision: Applicant proposed a subdivision near Henderson Avenue and Matthew Street.
• PRC 2018-028 Villas at Sierra Meadows, 1, 2, and 3: Phase 3 is under construction, 106 lots. • PRC 2019-040 River Springs TSM: Applicant is proposing a 73-lot, small lot subdivision. Staff is currently processing a TSM and PD plan for this project. • PRC 2020-044 Brookside Subdivision: Permits have been issued and construction has begun, Phase 1 which represent 151 Lots.
• PRC 2020-048 Villas at Sierra Meadows 4 & 5: TSM was amended in October 2024, 80 lots. • PRC 2023-026 Crestview Park Subdivision: Received entitlements on May 21, 2024, 64 lots. • PRC 2023-027 Bareng VTSM: Received VTSM application for 10 lots. • PRC 2023-045 Westfield Subdivision Vesting TSM: Received entitlements on September 3, 2024, 28 units.
• PRC 2023-046 La Vida TPM: Completed construction of two (2) single-family homes on two separate lots.
• PRC 2024-001 Llamas MFR: Application received for a new 4-unit, multi-family project.
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 6
• PRC 2024-005 Porterville Apartments: Applicant proposed a new 32-unit, multi-family project. • PRC 2024-007 Morton Ave. Apartments: Applicant proposed a new 20-unit, multi-family project. • PRC 2024-017 Della Farms Subdivision: Applicant proposed a new 160-lot, small lot subdivision with a park.
• PRC 2024-035 Dhillon MFR: Applicant proposed a new 20-unit, multi-family project. • PRC 2024-040 Self-Help Enterprises: Applicant submitted an SB 330 application to help developer vest rights for a large multi-family, affordable housing project, proposing 133 total units. • Building Permits: 145 building permits were issued for construction of new residential units.
There were 31 ADUs, 113 single-family homes, and 1 SB9 project.
The City also leveraged partnerships with various groups to facilitate residential projects or provided funding through assistance programs, including:
• First-Time Homebuyer Loan Program: In the Fiscal Year 24-25 three (3) of the City’s low-income households benefited from the purchase of a home under the City’s First-Time Homebuyer programs, funded with CDBG funds.
• Owner-Occupied Rehabilitation Loan Programs: In the Fiscal year 24-25 one (1) rehabilitation loan funded.
Commercial/Industrial Projects
The General Plan includes seven commercial and industrial land use designations listed in the Commercial/Office/Industrial category. These designations are intended to provide services and employment opportunities to both residents and people from surrounding communities. The designations note the appropriate building intensity and commercial or industrial uses appropriate in each area.
• Panaderia La Cosecha: Construction of a 1,640-square-foot bakery located at 23 North F Street is now complete.
• KJ’s Chicken: New restaurant opened in Porterville, sign permit processed. • Mind Divers: Approved permits for a new sign and business license. • Oacy’s Relocation: Amended building permit submitted and approved. Construction is anticipated to begin in 2025.
• Papa’s the Loaded Baked Potato: Processed a temporary sign permit, leading to revitalization of a vacant location.
• Premium Blossom: Developer finalized all permits and entitlements for Porterville’s third cannabis dispensary.
• 1500 Block W. Olive Avenue: Renovations to multiple existing buildings for office and commercial uses at this commercial center, including solar canopies installed in parking lot. • La Michoacana: Approved a business license and new sign for a vacant space in the Porterville Marketplace commercial center.
• PRC 2022-029 Dutch Bros: Approved and finalized a new commercial development in the Riverwalk commercial center.
• PRC 2022-034 Wienerschnitzel: Project under construction. Additionally, an application for a lot line adjustment has been submitted.
• PRC 2023-030 Family Healthcare Network Expansion: Approved entitlements for expansion of the parking area.
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 7
• PRC 2023-038 Sports Cuts: Approved entitlements for Conditional Use Permit for a bar/barbershop combination.
• PRC 2023-048 Rare Tumbling Academy: Processed a change of occupancy for a new business I in the Downtown area.
• PRC 2024-002 Elev8 Fitness: Processed a change of occupancy for a new business. • PRC 2024 -004 Carmen’s Flower Shop: Processed a change of occupancy for relocation and expansion of a business in the Downtown area, revitalizing a vacant building. • PRC 2024-006 Larissa’s Home Furnishing: Processed a change of occupancy for relocation and expansion of a business in the Downtown area, revitalizing a vacant building. 2024-009 Reach Medical Heliport: Received an application for establishment of business at the Porterville Airport. • PRC 2024 -010 Store IT: Processed text amendment to help the development of a new storage facility.
• PRC 2024-013 Porterville Adult Day Healthcare: Received application for change in occupancy and tenant improvements in the Downtown area.
• PRC 2024-021 Foster Farms: Approved building permit for commercial equipment installation. • PRC 2024-031 Maximo’s Bodeguita: Received application for a change in occupancy and tenant improvements for the expansion of an existing business in the Downtown area. • Business Licenses: The City approved approximately 308 new business licenses. • Building Permits: 40 building permits were completed for alterations, repairs, or new construction of commercial/industrial structures in 2024.
Mixed Use Projects
The General Plan includes two mixed-use land use designations. The Downtown Mixed-Use designation encourages a higher-density, vertical mix of uses with residential or office uses above ground floor retail or other commercial uses. It also provides for the development of more multi-family residential within walking distance of Downtown. The Commercial Mixed-Use designation allows for lower density but still multi-story development where the uses may be either horizontally or vertically mixed.
The City works diligently to encourage and assist with proposals for mixed-use projects. Although no permits were approved during the 2024 reporting period, the City continues to support the mixed-use concept to help stimulate revitalization, especially in the downtown areas where unoccupied buildings are common. Although technically not a land use designation, multiple parcels were designated as part of a Residential Neighborhood Zone District, which was used for the first time in City history. This was done as part of the SoTu Master Plan, a major milestone, funded by the LEAP Grant. 2024 Activities
• PRC 2023-018 SoTu Master Plan and EIR: Council Adopted Master plan in October 2024, providing a brand-new mixed use “Residential Neighborhood.” This project will help guide development in a sustainable and efficient direction.
• Building Permits: No building permits were issued.
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 8
Economic Development Element
The Economic Development Element contains policies and actions that enable the City to direct local resources to retain and assist local businesses and attract new industries that will increase its tax base and economic diversity. This Element has been included in the City’s General Plan to strengthen community development activities, enhance economic growth, and reinforce the planning process as a positive part of economic development. In addition, this Element seeks to improve the local business climate by providing jobs for its growing population, creating opportunities for the supply of retail goods and services that are needed in the community, fostering the development of a City that sustains its downtown, and supporting regional-serving and neighborhood commercial centers that can meet the everyday needs of residents.
2024 Activities
• Requests for Information (RFIs) from Tulare County Economic Development Corporation (TCEDC):
The City of Porterville received 26 RFIs in 2024. Despite not leading to development, the City of Porterville continues to work closely with the TCEDC and the State of California’s Go-Biz office to explore development opportunities for Porterville. TCEDC and the City of Porterville also holds monthly meetings to discuss and pursue potential development opportunities, ensuring ongoing collaboration to attract investment and promote economic growth in the region. • Community Development Block Grant (CDBG): Housing and Urban Development Department (HUD) CDBG Funds were prioritized for economic development activities that created or retained low- to moderate-income jobs.
o Under the Business Assistance Programs: One (1) NPO-CV loan was funded through the Community Development Block Grant CARES Act (CDBG-CV). One (1) Microenterprise Forgivable Loan Program loan was approved for funding. A total of two (2) businesses were assisted in 2024, which represents an investment of $58,438. • Business Retention & Expansion (BRE) Efforts:
o Ribbon cuttings are a vital part of the City's efforts to promote business growth, offering visibility and recognition to new businesses, helping them make an impactful entrance into the community. By attending and participating in these events, the City of Porterville shows its commitment to supporting new ventures and strengthening the local economy. Ribbon cuttings provide a moment of celebration, helping businesses connect with local leaders, customers, and other businesses, which fosters a sense of community and collaboration.
In 2024 the city attended 15 ribbon cuttings in 2024.
o The City of Porterville launched a Shop Local Contest in partnership with the Porterville Chamber, local community organizations, and local businesses. 50 local Porterville businesses participated in a scavenger hunt-style contest and received promotion on social and local media. The businesses that participated were mostly small businesses with a high concentration of Downtown Porterville businesses participating. o Downtown Porterville Business Meetings and Newsletter: In 2024, the City of Porterville held quarterly meetings with Downtown Porterville businesses to maintain open lines of communication and foster collaboration. These meetings provide a platform for businesses to voice concerns, share ideas, and stay updated on developments and opportunities in the area. The City of Porterville also regularly published a monthly General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 9
newsletter to keep the business district informed of City updates affecting the downtown area.
o Outstanding Business Recognition Program: Each year, the City of Porterville recognizes three local businesses that have contributed to the community's economic base. In 2024, the City of Porterville recognized three small businesses: Poor Richards Pizza and Bar, Imagine Art Center, and Pizza Factory.
o First Friday Coffee Networking: City staff attends First Friday Coffee monthly, an event that allows local businesses and community members to network and strengthen relationships.
This event fosters a collaborative spirit, providing an opportunity for local entrepreneurs to connect with peers and city officials. It plays a key role in building partnerships, sharing ideas, and promoting the growth of Porterville’s business ecosystem. o Coffee with the CEO: This event provides a great opportunity for local businesses and community leaders to network and collaborate. It fosters a sense of community and collaboration, allowing participants to share ideas, discuss challenges, and work together to support Porterville’s growth and development.
o Governmental Affairs Committee: The City of Porterville attends the Governmental Affairs Committee monthly meetings, which help keep the community informed about legislative issues that could affect local businesses. The committee plays an advocacy role, when necessary, to protect the interests of businesses and ensure favorable conditions for growth and development in the area.
o Retail Recruitment: The City of Porterville is actively attracting retail and commercial businesses by participating in ICSC events, where real estate developers and retailers explore expansion opportunities. The City of Porterville also responds to RFIs from organizations like the Tulare County Economic Development Corporation (TCEDC) to showcase Porterville as an ideal location for new businesses. These efforts aim to diversify the local economy, create jobs, and enhance the retail experience for residents.
Circulation Element
The Circulation Element is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Porterville’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, aviation, transit, pedestrian, and bicycle transportation modes, as well as parking. The intent of the Element is to identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system; consider alternatives other than the singleoccupant vehicle as essential in providing services and access to facilities; and establish policies that coordinate regional transportation planning circulation systems with General Plan and area plan land use maps and provide direction for future decision-making.
2024 Activities
• Villa Street Reconstruction Project: Olive to Henderson • Tule River Parkway Phase III: Increases pedestrian connectivity by extending the trail to Plano Street and connecting to Fallen Heroes Park
• Main Street Reconstruction Project: Phase 2A
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 10
• Butterfield Stage Corridor Project Began
• New Community Center and Park Project at Henderson Avenue: Finalized plans, with construction to begin soon, and will have an estimated 18-month completion project • Porterville Transit: Transitioned back to in-house management, with hiring of new positions in progress and continuing into 2025
• Increased Transit Ridership: Fixed-route ridership skyrocketed from 77,738 during the same period last year to an astounding 132,501.
• Zero-Emission Maintenance Facility: The Transportation Department secured funding from SB125 to develop a new Zero Emission Maintenance Facility.
• Airport Taxiway Improvement Project: Completed the upgrade of taxiways at the Porterville Municipal Airport to meet FAA standards, increasing safety, operational capacity, and support both private and commercial aviation needs, preparing the airport for future growth.
Parks, School & Community Facilities Element
The Parks, School & Community Facilities Element presents Porterville’s policies and programs for the development and maintenance of parks, schools, and community facilities. Additionally, this Element provides an inventory of existing and planned parks, recreation facilities, public schools, and other community facilities. This Element serves as a guide for park planning and development documents prepared by the Department of Parks and Leisure Services and the Parks and Leisure Services Commission; provides adequate, flexible school sites by recommending and discussing potential sites for elementary, middle, and high school; and promotes the development of community facilities as part of the network of public and private institutions that support the civic and social needs of the population. 2024 Activities
Parks Master Plan: The Parks Master Plan was worked on throughout the year and adopted January 2025.
The Master Plan describes various types of parks and identifies park facilities and access improvements designed to maintain and improve Porterville’s quality of life for everyone. It guides the department in allocating resources over the next 15 years.
Parks Improvements: In addition to those below, the Golf Course Driving Range Netting, Hayes Field Lights, and Sports Complex Baseball Design were all completed in 2024 • Skatepark: The reopening of the Skatepark took place March 14th, 2024. The renovation project was paid for by a California State Parks Per Capita Grant, with supplemental funding from City Council. Professional skaters put on a demonstration followed by many excited youth and adults trying out all of the new additions.
• Santa Fe Byway Trail: The one-mile Santa Fe Byway trail received $3.2 million in upgrades through a Clean CA grant. The trail was renovated from asphalt to concrete, fitness equipment and a playground were added, as was a large picnic pavilion, decorative Native American art, drinking fountains, a bike repair station and more.
• Arbor Day Tree Planting: The City's annual tree planting took place on Arbor Day at the Tule River Parkway.
• Fourth St Park and Community Center: Design is complete on the community center and park.
Construction to begin in 2025. The estimated project completion is expected by end of2026.
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 11
• Santa Fe Sportsplex: The City was awarded a $2.5 million grant from the California State Parks Outdoor Recreation Legacy Partnership Program for the new Santa Fe Sportsplex. The project will include the installation of 10 mini pitch soccer arenas, 2 multi-sport arenas, 6 pickleball courts, a restroom, lighting and landscaping. The project expected to be underway in 2025. CDBG and Measure R will also fund the project.
• Upcoming projects: renovation of the Murry Park Pool, Veterans Park Trail Phase II, and Tule River Parkway Phase III.
Open Space & Conservation Element
The Open Space & Conservation Element is intended to establish policies and actions for the conservation, development, and use of open space and natural resources. Topics addressed include open space; agriculture and farmland resources; land resources including soils and minerals; biological resources; water quality; air quality; and cultural resources. The three General Plan initiatives this element addresses are: providing Porterville with a network of parks and open space; protecting ridgelines, visible hillsides, and significant environmental resources; and protecting community assets. 2024 Activities
• Groundwater Recharge: The Water Division completed approximately 2,373 acre-feet of groundwater recharge.
• New Tertiary Water System Facility: Began operation in April, produced 54 million gallons of recycled water for irrigation at the Sports Complex, reducing the use of potable water.
Public Health & Safety Element
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards; wildfire hazards; hazardous materials; flood hazards; and safety services such as law enforcement, fire protection, and emergency response.
2024 Activities
• 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan: The City adopted this plan in coordination with multiple other cities and Tulare County to address the specific risks that affect not only Porterville, but the entire County.
• Fire Calls: The FD responded to over 6,200 calls, making it one of the busiest years in the department’s history.
• Fire Department Strategic Plan: Completed a Strategic Plan outlining the vision of the department for the next five years
• Training Facility Upgrades: The FD upgraded their training facilities, adding shows, radio systems, and advanced audio-visual capabilities.
• Fire Equipment Procurement: The Fire Department acquired two new engines and a tiller truck to bolster response capabilities.
• Key Fire Department Infrastructure Projects
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 12
o Draeger Live Fire Training Tower: This project will enhance hands-on training for personnel
o Fire Station 72 Remodel: This project is moving into the bidding phase o Fire Station 71 & EOC (Emergency Operations Center): These projects are approaching their final design.
• Police Department Calls & Statistics: The PD responded to over 57,753 calls for service, made over 4,00 arrests, and saw a 9% decrease in total crime, with a year-to-date drop of 11.3% • Increased Traffic Enforcement: In response to a 5% increase in traffic collisions, the PD has bolstered their traffic enforcement activities.
• PD Personnel Expansion: The PD is continuing to expand with approximately 15 positions in various stages of hiring, including Police Officer Trainees, lateral officers, dispatchers, and community service officers.
• Special Methods and Resources Team (SMART) Team: The PD continues to strengthen its SMART team, which focuses on homelessness and mental health problems affecting individuals. The team responded to over 1,00 calls and helped 38 people find housing. • School Resource Officer Unit: The PD has continued to enhance school safety by expanding its School Resource Officer Unit.
• New Animal Shelter: The shelter, located at 185 North D Street in the former Citibank building, was a highly anticipated relocation designed to provide a more accessible and efficient facility for both the animals and the public. The 9,600 square-foot building has been remodeled with modern amenities, including meet-and-greet rooms and a dog park, to ensure a humane environment for displaced animals. The facility also features improvements to limit noise and a wall in the lobby recognizing the community’s support.
• Expanding and Acquiring New Technologies: These technologies assist in crime prevention, locating missing persons, and supporting major incidents o Axon Fleet Dash Cameras
o Citywide Cameras: PD has installed new cameras with license plate reading technology. o Expansion of Drone Fleet
o Evidence Processing Equipment: PD is investing in state-of-the-art evidence processing equipment, with a new crime scene vehicle expected in 2025 • Promoting Officer Mental Health and Wellness: PD has prioritized mental health and wellness through programs funded by grants and department resources. • Continued Community Engagement and Partnerships with Other Law Enforcement Agencies: the Porterville Police Department remains dedicated to ensuring the safety and security of the city while fostering a positive relationship with the community Public Utilities Element
The purpose of the Public Utilities element is to provide policies and programs to ensure that the public utilities and services the community relies on will have the capacity to serve new development under the General Plan without degrading existing service levels. The public utilities provided by the City of Porterville or quasi-public organizations include water, wastewater, stormwater, solid waste, electricity, natural gas, and telecommunications.
General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 13
2024 Activities
• Waste Water Treatment Facility: The facility treated 1.74 billion gallons of wastewater and 1,500 tons of biosolids for reuse at the City’s reclamation area. The newly completed Tertiary Water System Facility, which began operation in April, produced 54 million gallons of recycled water for irrigation at the Sports Complex, reducing the use of potable water. Key upgrades included the replacement of sludge pumps, grit chamber improvements, and a new air conditioning unit for the electrical control building.
• The Water Division: With 16 employees, manages 17,421 service connections. They replaced 1,954 meters, installed 229 new meters, and repaired 11 hydrants. Staff also conducted 2,373 acre-feet of groundwater recharge and responded to 310 service calls. They also continue to address damage from recent storms along the Tule River
• Major Water Projects
o System-wide meter upgrade
o New communication towers
o Installation of storm drain pipes at Zalud Park.
• The Sewer Division: Cleaned 22 miles of sewer mains and 2.5 miles of storm drains, responding to 86 callouts and maintaining 24 sewer lift stations to ensure the system runs efficiently. • The Refuse Division: Staffed by 19 employees, collected and disposed of 40,000 tons of waste, including 5,425 tons of recyclables and 9,000 tons of organic waste. They also logged over 209,500 miles and cleaned 4,411 miles of gutters, preventing debris from entering the storm drains.
• The Laboratory: Supports the City’s water and wastewater operations by conducting over 20,000 tests annually. This includes testing for wastewater (16,200 tests), drinking water (1,800 tests), industrial pre-treatment (500 tests), and public water (2,100 tests), ensuring safety and compliance with regulations.
• Akin & Central Mutual Water System Improvements.
Noise Element
The purpose of the Noise Element is to identify the existing noise sources within the City and to establish policies and programs to mitigate potential impacts through both preventative and responsive measures.
The regulation of noise sources such as traffic, railroad operations, and aircraft operations is overseen by State and federal agencies; therefore, this element has a direct correlation with the land use, circulation, and housing elements.
2024 Activities
No substantial noise-element activities were implemented.
Environmental Justice Element
The purpose of the Environmental Justice Element is to address any unique health risks in Porterville by addressing the following topics: Pollution Exposure and Air Quality, Public Facilities Access, Food Access, Safe and Sanitary Homes, Physical Activity, and Community Engagement General Plan Annual Progress Report Calendar Year 2024
City of Porterville Page 14
2024 Activities
• General Plan Updated: On September 17, 2024, City Council approved and adopted the new Environmental Justice Element.
Housing Element
As noted in the Introduction, HCD requires the reporting of the Housing Element on specific state reporting forms. The method of reporting the Housing Element is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its Regional Housing Needs Allocation (RHNA). The City’s Housing Element APR for 2024 is being submitted as a separate report to HCD. Before the submittal of the annual progress report, the detailed report will need to be approved by City Council, prior to HCD’s submittal deadline of April 1, 2025.
Item No. 1.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Approval of Draft Minutes of March 11, 2025
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of March 11, 2025.
RECOMMENDATION: That the Council approve the draft Minutes of March 11, 2025
ATTACHMENTS: 1. Draft Minutes of March 11, 2025
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Yuliana Andrade, Administrative Services Director
CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
MARCH 11, 2025, 4:00 PM
Call to Order at 4:00 p.m.
Roll Call: Council Member AJ Rivas, Council Member Raymond Beltran, Council Member Stan Green, Vice Mayor Ed McKervey,
Mayor Greg Meister
ORAL COMMUNICATIONS
• Brock Neeley, Porterville, provided the City Council with documentation obtained from the League of California Cities website, outlining the limited authority cities have over school regulations, which is restricted to zoning.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54957 - Public Employee Appointment/Employment:
Title: City Manager
Council convened into Closed Session at 4:02 p.m., with Acting Chief Deputy City Clerk Fernando Gabriel-Moraga noting that no report was anticipated upon its conclusion.
ADJOURNMENT
The Council adjourned at 8:39 p.m. to the meeting of March 18, 2025, at 5:30 p.m.
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Greg Meister, Mayor
Item No. 2.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization to Purchase of a Verticus Plus Bauer SCBA Fill Station SOURCE: Fire
COMMENT: Self-contained breathing Apparatus (SCBA) air-fill stations are a critical component of fire department operations, ensuring that firefighters have reliable and safe breathing air while responding to emergencies. A SCBA air-fill station at Fire Station 73 ensures that the fire department can fill SCBAs at multiple locations and adds redundancy and selfsufficiency.
The Porterville Fire Department seeks to purchase the Verticus Plus Bauer SCBA Fill Station from Bauer Compressors utilizing a stateapproved contract, which guarantees the best pricing from the manufacturer. The total cost of this purchase is estimated at $80,739.51, which includes:
• SCBA Fill Station: $61,338
• Sales Tax: $5,673.77
• Freight: $2,926.00
• Installation & Training: $1,957.00
• Electrical Work by City Electrician: Not to exceed $5,000 • 5% Contingency: $3,844.74
The proposed unit is a sole-source request, as it will replace the department’s current Bauer SCBA air-fill station. Bauer is a trusted brand known for its quality, reliability, and serviceability. Staying with Bauer ensures seamless transition, minimal re-training, and compatibility with existing systems. While third-party vendors sell the unit, purchasing directly through the state contract provides the best pricing and avoids unnecessary markups.
The new SCBA air-fill station will be installed at Fire Station 73. Station 73 has been selected as the installation site because it will remain operational and uninterrupted during planned fire station remodels, while also adding redundancy and self-sufficiency. Additionally, the City Electrician will complete the necessary electrical upgrades at an estimated cost not to exceed $5,000. Funding for this purchase is available in the Equipment Replacement Fund.
Item No. 2.
RECOMMENDATION: That the City Council approve the purchase of a Verticus Plus Bauer SCBA Fill Station from Bauer Compressors, in an amount not to exceed $80,739.51(including sales tax, freight, installation, training, 5% contingency and electrical work) from Bauer Compressors.
ATTACHMENTS: 1. Bauer CA State Purchasing Contract
2. Bauer SCBA Fill Station Quote
Appropriated/Funded:
Review By:
Department Director:
Bryan Cogburn, Fire Chief
Final Approver: Jason Ridenour, Interim City Manager
Item No. 3.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization to Purchase Wanco - Mini Message Boards SOURCE: Public Works
COMMENT: City staff is seeking approval for the purchase of two (2) Wanco Mini Message Boards to improve traffic control measures and ensure the safety and efficiency of street maintenance operations conducted by the Street Division within the City of Porterville.
The Street Division is responsible for maintaining the roads, ensuring safe and efficient traffic flow, and minimizing disruptions during maintenance activities. Effective communication with motorists and pedestrians is essential in achieving these objectives. A portable message board provides real-time information, improving public safety and reducing traffic congestion during roadwork. The Wanco Mini Message Board is a crucial tool for improving traffic control and public safety by providing clear and visible communication to motorists of upcoming roadwork, detours, lane closures, and safety precautions, ultimately reducing accidents and confusion caused by unexpected traffic changes.
Its portability and ease of deployment allow for flexibility in various locations, accommodating the dynamic needs of road maintenance and emergency situations. The ability to update messages remotely ensures real-time adaptability to changing conditions. Additionally, the message board helps the City comply with federal and state traffic safety regulations, ensuring proper public notification and enhancing coordination with emergency response teams and law enforcement.
The Streets Division received three (3) quotes for the Wanco Mini Message Boards. The quotes are as follows:
KRC $39,676
Meridian $39,856
Wanco $47,650
KRC has been identified as the company submitting the lowest quote, therefore securing the quote for the purchase of two (2) Wanco Mini Message Boards. The expenditure for the purchase, in the amount not to exceed $47,680.63, which includes two (2) Wanco Mini Message Item No. 3.
Boards, taxes, freight, and a ten percent (10%) contingency, will be funded from the Self-Performed Street Maintenance Budget.
Furthermore, KRC is based out of Visalia and can provide instruction, training, and repairs in a timely and efficient manner.
RECOMMENDATION: That the City Council:
1. Award the purchase of two (2) Wanco Mini Message
Boards to KRC for an amount not to exceed $47,680.63,
which includes the equipment, taxes, freight, and a ten percent (10%) contingency;
2. Direct the Finance Director to initiate a Purchase Order to KRC for an amount not to exceed $47,680.63, which
includes the equipment, taxes, freight, and a ten percent (10%) contingency; and
3. Direct the Finance Director to make payment to KRC
upon receipt of invoice approved by the Public Works
Director.
ATTACHMENTS: 1. KRC Safety Message Board Quote
2. Meridian Equipment Message Board Quote
3. Wanco Message Board Quote
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Date
2/26/2025
Estimate #
25-240
Name / Address
CITY OF PORTERVILLE
291 NORTH MAIN STREET
PORTERVILLE, CA 93257
Ship To
Customer to Pick Up
Rep P.O. No.
DC
Project #
Total
Subtotal
Sales Tax (0.0%)
TRAFFIC CONTROL ~ SAFETY SUPPLIES ~ EQUIPMENT RENTAL ~ SIGN FABRICATION - Quote good for 30 days from quote date.
- 3% fee will be charged on all credit card transactions - Payment terms are NET 30 unless stated differently on quote. An additional 2% per month interest charge will be charged on all invoices not paid within 30 days. This rate is based on your past due balance at the end of each billing period. - Applicable sales tax will be added at time of delivery. - Unless otherwise noted contractor is responsible for all unloading and loading of materials.
Sales Quote
7821 W. Sunnyview Visalia, CA 93291
Ph# 559-732-0393 Fax# 559-732-2684
Visit us online @ www.krcsafety.com
License #507950 (A,C31)
DBE #000447
SBE #6897
MBE #9IS00114
DIR #1000004730
Description Qty Rate Total
PCMS Model: WVTM(A)
Wanco Mini Matrix Message Board with Hydraulic Lift (Display Size: 55" x 96") Full matrix display • 12" default font size, variable font sizes, full range of MUTCD graphics • One 85-watt solar panel • Four 6 volt Deep Cycle batteries, 400 Ah total capacity • 15 amp charger • Telescoping hydraulic tower with 360-degree rotation • Internal Touch-screen Sign Controller • Orange powder-coat finish • 2" Ball hitch • Removable draw bar • High Density Polyethylene Fenders 2 18,816.00 37,632.00T
PCMS Add On Option- Wanco Security Battery Box with Puck Locks (Four – 6VDC Flooded Batteries - 430 Ah total capacity) (15-amp Battery Charger)
2 372.00 744.00T
Freight Charges - Manufacture to KRC SAFETY 2 650.00 1,300.00 $39,676.00
$39,676.00
$0.00
Meridian Pacific Equipment Stock Release
1315 Vinci Ave Rental
Sacramento, CA 95838 Demo
(916) 781-9553 Sales Order
Quote X
ADDRESS
CITY, STATE ZIP
QTY
2 2
2 Quotes are valid for 30 days
Renter / purchaser or authroized agent and signatory of renter / purchaser.
SHIP TO
ORDER BY PO / JOB # PHONE FAX
Joe Baeza
BILL TO
ADDRESS
CITY, STATE ZIP
City of Porterville City of Porterville
Porterville, CA
ITEM / SERIAL # DESCRIPTION
WVTM(A) Wanco Mini-Matrix Message Board - Hydraulic Winch
UNIT PRICE TOTAL
$ 19,056 $ 38,112
VIA Order Date
3/5/2025
Delivery Date
2-3 weeks to ship
PAYMENT TERMS
N30
FOB
Sacramento, CA
$ -
$ -
Freight ea
$ 372 $ 744
$ 500 $ 1,000
Security Battery Box
$ -
$ -
PRINT NAME
SIGNATURE
TOTAL
SALES TAX %
FREIGHT
$ -
$ -
$ 39,856
SUBTOTAL $ 39,856
$ -
Used Equipment is Sold As-is, Where-is
I acknowledge receipt in good order of the item(s) rented / purchased, that I have received and understood instructions regarding the use of the item(s) rented, and that I have read and agree to all items printed on the face and reverse of this contract.
$ -
$ -
$ -
$ -
$ -
5870 Tennyson St, Arvada, CO 80003
Phone 303-427-5700 | www.wanco.com
Quote
Jay Ruegner
For assistance please call or email
+12084845324 | [email protected]
Shipping Instructions Lead Time Quote # SQ200384005
Client MUST have loading dock or forklift with
8’ forks in order to offload equipment.
Terms Net 30 Date 03/05/2025
Expiration 04/02/2025
Customer Information Ship To Information
city of Porterville
porterville, CA
Notes
Freight cost TBD if zero.
Part # Description Qty Price Total
WVTM(A) Wanco Mini Matrix Message Board with Hydraulic Lift (Display Size: 55in x 96in)
Full matrix display - 12in default font size, variable font sizes, full range of MUTCD graphics - One 100-watt solar panel - Four 6 volt Deep Cycle batteries, 400 Ah total
capacity - 15 amp charger - Telescoping hydraulic tower with 360-degree rotation - Internal Touch-screen Sign
Controller - Orange powder-coat finish - 2in Ball hitch - Removable draw bar - High Density Polyethylene Fenders
2 $22,685.00 $45,370.00
Security Battery
Box
(Upgrade)
Wanco Security Battery Box with Puck Locks 2 $440.00 $880.00 Product Subtotal $45,370.00
Options Subtotal $880.00
Sales Tax $0.00
Freight $1,400.00
Total $47,650.00
To ensure prompt processing of your accepted quotation, please sign below and return this form to [email protected] Print Name: Date:
Signature: PO #:
SQ200384005: Page 1
Please add any applicable sales tax. All terms are based on approved credit.
For equipment shipping from the factory, the shipping address must have a forklift and forklift operator, or loading dock. Additional fees may apply if location cannot unload equipment. Dealer to perform safety check on all equipment upon delivery, which may include tire inflation, drawbar connection, and connecting tail lights. Equipment will ship on open flatbed commercial truck and may need to be washed on arrival.
Dealer is responsible for registration filing and fees if required by local jurisdiction. Wanco will mail certificates of origin to the billing location upon shipment of equipment.
All products sold with Fleet Manager access may require additional data subscription. Fleet Manager is owned and maintained by Wanco and therefore all data collected and residing in Fleet Manager is property of Wanco. Wanco reserves the right to use data as needed.
For equipment warranty information, visit: https://www.wanco.com/support/warranty-policy/ Thank you for choosing Wanco!
SQ200384005: Page 2
Item No. 4.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization to Purchase Park Improvements Utilizing CDBG Funds and Authorization to Distribute Request for Qualifications SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Department purchases park amenities through Community Development Block Grant (CDBG) Park
Improvement Funds on an annual basis as funding permits. For fiscal year 2024/25, there are approximately $390,000 in CDBG funds for park improvement projects. A stipulation of the funding source is that the project must take place within an eligible census tract. Eligible City parks include Murry Park, Zalud Park and Fallen Heroes Park. This year's project is recommended to take place at Murry Park to complete some unfinished playground projects at that location. The project is proposed to take place in the two play areas on the west side of the park along North Corona Drive.
The proposed playground equipment will add some accessible components to the play area, as well as shade. Specifically, the project scope is as follows: extend the shade on the main playground to cover the swings, add shade to the global motion play area, extend the south play area and add an accessible shaded playground, add an accessible swing, install some bench seating, and add ADA connectivity to the amenities. A separate Request for Qualifications will be held for the ADA connectivity portion of the project as that is beyond the scope of these playground vendors.
Four vendors that the City has purchased playground equipment from in the past were contacted to provide quotes. The vendors submitted quotes based on what they possessed in their inventory relative to the needs of the community. All four vendors are members of a government discount purchasing cooperative which streamlines procurement and offers cost-effective ways for governmental agencies to acquire goods and services. Only two of the four vendors were responsive and out of the two, only MRC GameTime included all the project scope items in their quote. The quote from MRC GameTime was $325,000 and the incomplete quote from Park Planet was $205,079.95. The City has utilized MRC GameTime in several of its park projects and has had no previous issues. The existing playground at Murry Park was purchased from MRC GameTime. At its meeting on March 6, 2025, the Parks and Item No. 4.
Leisure Services Commission voted unanimously to recommend the Murry Park playground equipment project utilizing CDBG Park Improvement Funds. The purchase of these items is contingent upon current and future funding allocations available through the Community Development Block Grant (CDBG) funds designated for public facilities and improvements.
RECOMMENDATION: That the City Council:
1. Authorize the purchase of playground equipment for
Murry Park, including installation, through Community
Development Block Grant Park Improvement Funds from
MRC GameTime not to exceed $357,500, which includes
ten percent (10%) contingency should any unforeseen
circumstances arise during installation; and
2. Authorize the distribution of a Request for Qualifications for the ADA connectivity path portion of the project.
ATTACHMENTS: 1. Murry Park Locator Map
2. Park Planet Quote
3. MRC Quote
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 5.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization to Advertise for Bids - Landscape Screening Project SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Landscape Screening Project, located along State Route 190 from Prospect Street to Plano Street, and along State Route 65 from Henderson Avenue to Avenue 188. The project includes the installation of landscaping and irrigation infrastructure.
The Engineer's Estimate of Probable Cost for the project is $571,000.00.
An additional $57,100 is necessary for construction contingency (10%) and $57,100 is required for construction management, surveying, materials testing, and quality control (10%), equating to a total construction cost of $685,200.00.
Funding for this project will be provided by Measure 'R' Highway funds as allocated by the Tulare County Association of Governments (TCAG).
RECOMMENDATION: That the City Council:
1. Authorize staff to advertise for bids on the project; and
2. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922.
ATTACHMENTS: 1. Locator Map
2. Engineer's Estimate
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
Landscape Screening Project
Account #: 89‐90101‐88
Item Number Description Unit Pay Quantity Price Amount
Mobilization LS 1 $10,000.00 $10,000.00
Plant (Group B) EA 810 $68.20 $55,244.59
Wood Mulch CY 45 $25.71 $1,156.83
204099 PLANT ESTABLISHMENT WORK LS 1 $209,856.00 $209,856.00202038 PACKET FERTILIZER EA 2420 $1.00 $2,412.29 # CONSTRUCTION AREA SIGNS LS 1 $6,295.68 $6,295.68# PREPARE STORM WATER POLLUTION PREVENTION PLAN LS 1 $1,154.21 $1,154.21# JOB SITE MANAGEMENT LS 1 $2,098.56 $2,098.56# TEMPORARY DRAINAGE INLET PROTECTION EA 5 $2,098.56 $10,492.80# TRAFFIC MANAGEMENT PLAN ‐ PUBLIC INFORMATION LS 1 $524.64 $524.64 128652 PORTABLE CHANGEABLE MESSAGE SIGN (LS) LS 1 $2,098.56 $2,098.56202039 SLOW‐RELEASE FERTILIZER LB 210 $10.49 $2,203.49208449 POP‐UP SPRINKLER ASSEMBLY EA 243 $94.44 $22,947.75208588 3" GATE VALVE EA 2 $1,049.28 $2,098.56208442 FLOW SENSOR EA 3 $2,623.20 $7,869.60208428 3" BACKFLOW PREVENTER ASSEMBLY EA 3 $4,197.12 $12,591.36208562 CAM COUPLER ASSEMBLY EA 4 $1,049.28 $4,197.12206634 2"WYE STRAINER ASSEMBLY EA 3 $524.64 $1,573.92995100 WATER METER CHARGES LS 1 $10,492.80 $10,492.80208816 3"WELDED STEEL PIPE CONDUIT LF 174 $104.93 $18,257.47208222 5/8" DRIP IRRIGATION TUBING LF 5520 $5.25 $28,960.13208683 BALL VALVE EA 26 $524.64 $13,640.64208008 3" GALVANIZED STEEL PIPE (SUPPLY LINE) LF 60 $83.94 $5,036.54206920 BATTERY POWERED IRRIGATION CONTROLLER EA 3 $839.42 $2,518.27202006 SOIL AMENDMENT CY 15 $104.93 $1,573.92208607 3" PLASTIC PIPE (CLASS 315) (SUPPLY LINE) LF 3250 $15.74 $51,152.40206564 1 1/2" REMOTE CONTROL VALVE EA 3 $629.57 $1,888.70206565 2"REMOTE CONTROL VALVE EA 3 $629.57 $1,889.00206567 3"REMOTE CONTROL VALVE EA 3 $1,049.28 $3,147.84208594 3/4" PLASTIC PIPE (SCHEDULE 40) (SUPPLY LINE) LF 1270 $10.49 $13,325.86208595 1" PLASTIC PIPE (SCHEDULE 40) (SUPPLY LINE) LF 518 $10.49 $5,435.00208597 1 1/2" PLASTIC PIPE (SCHEDULE 40) (SUPPLY LINE) LF 2850 $5.25 $14,952.24208598 2" PLASTIC PIPE (SCHEDULE 40) (SUPPLY LINE) LF 2790 $15.74 $43,912.37 Total: $570,999.14
Item No. 6.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization to Distribute Request for Proposals - City Hall Metasys System Upgrade
SOURCE: Parks and Leisure Services
COMMENT: In 2009, a new Johnson Controls HVAC system was installed in City Hall. Over the past sixteen (16) years, the system has had routine maintenance performed by Johnson Controls as part of a service contract. However, the system is significantly outdated when it comes to upgrading the Metasys System- part of the HVAC system. The Metasys System uses technology to integrate the HVAC system into a centralized control platform, in which the subsystems communicate over a common network to provide a fully optimized building management solution. The Metasys System operates multiple pieces of electrical and mechanical equipment found in modern building systems on a continuously connected IP network to enhance occupant comfort and productivity. It also provides users with real-time data analysis, customizable reporting, and predictive analytics of the connected building subsystems, allowing them to make better and smarter decisions, optimize energy efficiency, and improve how the building functions.
Several of the HVAC units within City Hall have not been operating efficiently or effectively over the past several years, creating many service calls to Johnson Controls. The Coleman Conference Room and Council Chambers are two areas within City Hall that have experienced very inconsistent operating units. In an effort to get the system to run more effectively, staff are proposing an upgrade to the Metasys System.
Staff are hopeful this upgrade will alleviate the need to look into an entirely new HVAC system for City Hall which would cost approximately $3,000,000.
The scope of the project would include installing: a Metasys SNE control engine, Metasys user interface graphics, Metasys field controllers for existing rooftop air conditioning units, and Metasys network temperature sensors. In addition, user training would also be provided as part of the project. The upgrade would enhance productivity and effectiveness with the new simple and intuitive user interface. The system is accessible anytime, anywhere, allowing for quick temperature adjustments.
Item No. 6.
RECOMMENDATION: That the City Council authorize staff to distribute Request for Proposals for the City Hall Metasys System upgrade.
ATTACHMENTS: 1. RFP Metasys Upgrade
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
CITY OF PORTERVILLE
REQUEST FOR PROPOSALS FOR
METASYS SYSTEM UPGRADE
RFP No. 24/25-XXXX
The City of Porterville, (hereinafter “City”) is initiating this Request for Proposals (RFP) to solicit Proposals from companies or individuals that are qualified, licensed contractors to supply and install new building automation and temperature monitoring controls to upgrade the existing Metasys Direct Digital Control System already installed at the City of Porterville’s City Hall, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The City intends to select one (1) qualified applicant to provide the full scope of this project for the City of Porterville. This document identifies the general scope and procedures in this process. Responding applicants must have relevant experience and the ability to provide the requisite professional services.
Submittal: One PDF version must be received by:
5:00 p.m., PST Friday, April 18, 2025
Addressed to: City of Porterville
Parks and Leisure Services
Attention: Donnie Moore
[email protected]
Email Subject: RFP No. 24/25-XXXX City Hall Metasys Upgrade Late or incomplete Proposals will not be accepted and will be automatically disqualified from further consideration. All Proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.
INQUIRIES:
Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Proposals can also be submitted by email in a PDF format to [email protected].
Questions regarding this project are due no later than Wednesday, April 16, 2025.
The City of Porterville is an Equal Opportunity Employer.
I. INTRODUCTION
City, through its Parks and Leisure Services Department, is initiating this RFP to solicit Proposals from companies or individuals that are qualified, licensed contractors to supply and install new building automation and temperature monitoring controls to upgrade the existing Metasys Direct Digital Control System already installed at the City of Porterville’s City Hall in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The selected company or individual shall be selected and determined through the City’s review of each response, considering the factors identified in this RFP, and any other factors that it considers relevant to serving the best interests of the City and its mission.
II.MINIMUM QUALIFICATIONS
The Proposer must have a minimum of three (3) years of work providing similar services; strong communication skills; ample experience in providing invoices and paperwork related to the scope of service performed; and be able to provide the minimum categories and amounts of insurance required.
III. PERIOD OF PERFORMANCE
Subsequent to the selection of the awarded Proposer, the contents of the Proposal shall become a contractual obligation if a contract ensues. Failure of a Proposer to accept this obligation will result in the cancellation of the contract award. The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about June 1, 2025, and to end on or about July 15, 2025.
IV. SCOPE OF SERVICES
The City of Porterville is seeking Proposals from companies or individuals with experience in Metasys Control Systems. The services shall include, but not limited to the following:
1. Install Metasys SNE control engine
2. Install Metasys user interface graphics
3. Install Metasys field controllers for existing roof top air conditioning units
4. Install Metasys network temperature sensors
5. Provide user training
V. REJECTION OF PROPOSALS
The City reserves the right to reject all Proposals received as a result of this RFP, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the City.
VI. ADDENDA
It is the responsibility of Proposer to check the purchasing webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFP.
VII. QUESTION DEADLINE
Questions regarding this project are due no later than Wednesday, April 16, 2025, through https://www.publicpurchase.com.
VIII. RESPONSE DATE
All Proposals shall be received by the City of Porterville by 5:00 p.m. PST on the Public Purchase website, or submitted by email in a PDF format to [email protected]. by Friday, April 18, 2025.
IX. PROPOSALS
To be considered, Proposers must submit a complete response to this RFP using the format required on the Public Purchase website https://www.publicpurchase.com. One (1) original Proposal must be submitted to the City of Porterville’s Code Enforcement Division via Public Purchase’s website.
X. SELECTED COMPANY OR INDIVIDUAL RESPONSIBILITIES
The selected company or individual will be required to assume responsibility for all services offered in his/her Proposal, regardless of who produces them. Furthermore, the City will consider the selected company or individual to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
XI. CONTRACT PAYMENT
The selected company or individual will submit invoices to the City of Porterville’s Finance Department.
Payment for contract services entered into as a result of this RFP within shall be made within the timeframe specified in the contract.
XII. EQUAL OPPORTUNITY AFFIRMATIVE ACTION
The selected company or individual shall adhere to all federal and state regulations in respect to equal opportunity, affirmative action and minority representations. Minority companies and women owned business enterprises are encouraged to apply.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit Proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.
XIII. PROPOSAL REQUIREMENTS
All Proposals shall be organized in the following manner:
A. Proposer’s Contact Information
Name, address and telephone number of the Proposer. The name and title of the individual authorized to negotiate contract terms and make binding commitments shall be included.
B. Proposer Capacity and Experience
C. Proposer’s Team Structure / Internal Controls
Provide a description of the Proposer’s team structure. Provide an organizational chart of the company or individual indicating lines of authority for personnel involved in performance of this potential contract.
D. Experience of the Proposer
Indicate the experience the Proposer has in the following areas:
i. Indicate other relevant experience that indicates the qualifications of the Proposer, and any team members, for the performance of the potential contract. ii. Include a list of contracts the Proposer has had during the last five (5) years that relate to the Proposer’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and e-mail addresses. The Proposer grants permission to the City to contact the list provided.
E. References
List names, addresses, telephone numbers, and e-mail addresses of three (3) businesses references for whom work has been accomplished and briefly describe the type of services provided. The Proposer grants permission to the City to contact the references provided. Do not include current City Staff as references. The City may evaluate references at the City’s discretion.
F. Related Information
If the Proposer has had a contract terminated for default in the last five (5) years, describe the incident. Termination for default is defined as notice to stop performance due to the Proposer’s non-performance or poor performance and if the issue of performance was either:
i. Not litigated due to inaction on the part of the Proposer, or ii. Litigated and such litigation determined that the Proposer was in default. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Proposer in the past five (5) years, so indicate.
XIV.COST PROPOSAL
The evaluation process is designed to award this procurement not necessarily to the Proposer that proposes the least cost, but rather to the Proposer whose Proposal best meets the requirements of this RFP.
A. Identification of Costs
Identify all costs, including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. At a minimum the cost proposal shall include professional service fees for implementation and related services, if any.
XV. EVALUATION CRITERIA
The Proposals received will be reviewed by City Staff. This RFP is competitive and priority will be given to Proposals that most closely meet the needs of the City. All Proposals will be fully considered and rated by the evaluation team. The City may use some or all of the following criteria in its evaluation of Proposals submitted. The following list of criteria is not necessarily an all-inclusive list. The order in which criteria appear is not intended to indicate their relative importance:
A. Price: Analysis of cost competitiveness.
B. Responsiveness to RFP Requirements: Quality of the information submitted in the Proposal based on completeness, relevance, conciseness and organization of material presented.
C. Project Understanding: The level to which the Proposer understands the needs of the City, and the scope of the RFP.
D. Proposer’s Experience: Recent experience in providing similar golf management services to other public agencies.
E. References: Ability to provide references for the City’s review.
The City may also contact and evaluate the Proposer’s references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the evaluation process.
The City shall not be obligated to accept the lowest-priced Proposal, but shall make an award in the best interest of the City.
Item No. 7.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization to Negotiate Consultant Services Contract - Tule River Tribe Village Corridor & Two Pedestrian Bridges Project SOURCE: Engineering and Project Management
COMMENT: At its meeting on November 7, 2023, the City Council approved a cooperative agreement with the Tulare County Association of Governments (TCAG) and the Tule River Tribe for the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project. The project includes the development of an active transportation corridor (approximately 3.9 miles) with two pedestrian bridges, solar lighting, controlled lighted crossings, signage, and related appurtenances on the Tule River Indian Reservation along N. Reservation Road between Cow Mountain Road and Million Dollar Bridge. In addition to the construction components that the City would assist with, TCAG will be responsible for non-infrastructure components of the project, which includes a comprehensive bicycle and pedestrian safety education program for the youth and adults living on the Reservation and will also provide them with multi-sport adjustable helmets, LED bike lights, and reflective stripe backpacks.
On March 10, 2025, staff received two (2) Statements of Qualifications (SOQs) for Environmental and Design Services for this project. The firm selected for this contract would be responsible for the project approval and environmental document stage (PA&ED) and the completion of the plans, specifications, and estimate phase (PS&E) of the project. Staff reviewed and rated the SOQs from each of the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" to ensure that the firms were qualified and that their submittals met the guidelines of the Request for Qualifications (RFQ). The details of the consultants/firms and their respective SOQ scores are as follows:
4 Creeks, Inc.
Visalia, CA
84.5 pts
QK, Inc.
Visalia/Porterville, CA
77.0 pts
Staff is pleased with the qualifications of the listed consultants/firms and their interest in the project and recommends negotiating a contract with Item No. 7.
the top-ranked firm as their SOQ includes the involvement of an engineering firm with extensive experience designing bridges of all types and sizes for a long list of projects similar to this one. Specifically, 4Creeks has recent project experience in 9 projects specific to the scope of the RFQ whereas QK only had 3 projects. In addition, 4Creeks previously competed the Active Transportation Plan for the Tule River Tribe. Staff will seek Council approval of a Service Agreement at a later meeting.
RECOMMENDATION: That City Council authorize staff to negotiate a scope of services contract with 4Creeks, Inc. of Visalia.
ATTACHMENTS: 1. Locator Map & Renderings
2. Consultant Selection Ranking
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
CONSULTANT SELECTION RATING FORM (SHORTLIST)
Tule River Complete Streets & 2 Pedestrian Bridges Project89-91121-88 3/10/2025
Evaluation Factor
Rating Factor Numerical
Range & Weighting Based
on Importance of Factor
Score Score
a. Capability to perform all or most aspects of the project. 0-10 8.8 7.3 b. Recent experience in projects comparable to the proposed project. 0-10 9.7 8.0 c. Firm’s reputation for professional integrity and competence. 0-5 4.7 4.7d. Key personnel’s professional background and caliber. 0-7 6.3 5.7e. Adequate qualified personnel available for assignment to the project. 0-5 4.7 4.7f. Recent experience in specialized areas of expertise associated with the project. 0-5 4.7 2.3g. Demonstrated ability to meet schedules or deadlines. 0-10 8.0 8.0 h. Demonstrated ability to complete projects without having major cost escalations or overruns. 0-7 3.7 3.7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration. 0-10 9.7 8.3j. Quality of project previously undertaken. 0-10 9.7 8.3k. Familiarity with and proximity to the geographic location of the project. 0-5 4.7 4.7l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office. 0-3
0.7 0.7
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns. 0-5 4.3 3.3n. Degree of interest shown in undertaking the project. 0-3 3.0 2.3o. Evidence that consultant is an equal opportunity employer. 0-2 2.0 2.0 p. Proximity of firm’s office to project. 0-3 0.0 3.0
TOTAL SCORE: Maximum Points Possible = 100 84.5 77.0
Total Ranking Value of all Evaluators: 36
FINAL RANKING: 12
FIRM
4Creeks QK
Item No. 8.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Declaration of Exempt Surplus Land APN 260-300-034 and Authorization to Enter into Option to Purchase and Sale Agreement SOURCE: Community Development
COMMENT: At its meeting on February 4, 2025, the City Council adopted Resolution No. 12-2025, declaring the City-owned property located at Springville and Jaye Street (APN 260-300-034) as surplus land. Upon further review of the Surplus Land Act and its associated guidelines, it was determined that the property, initially classified as "non-exempt surplus land,” does, in fact, qualify for an exemption and the City Council can make the determination to declare it "exempt surplus land" should said surplus land be transferred pursuant to Government Code Section 37364.
Given the City’s intent to transfer the vacant property which has been deemed not necessary for City use, specifically for the development of affordable housing, declaring the land as "exempt surplus land" is the most appropriate course of action and demonstrates the City’s commitment to further development and addressing the ongoing need for affordable housing.
Since steps to initiate the Notice of Availability have yet to be taken, it is recommended that the City Council rescind Resolution No. 12-2025 and approve the draft resolution declaring the surplus land as exempt. Upon selection of a developer, the City will submit to the California Department of Housing and Community Development (HCD) a Disposition and Development Agreement (DDA), Exclusive Negotiating Agreement (ENA), or lease that confirms compliance with the requirements outlined in Government Code Section 54221(f)(1)(A).
An application proposing the development of 133 units of affordable housing on the site has been submitted by Self-Help Enterprises and is currently in review under the provisions of SB 330 (Housing Crisis Act).
This additional step guarantees that the property will be developed in compliance with the exempt surplus land provisions.
The recommendations before the council are to rescind Resolution No. 12-2025 and declare APN 260-300-034 exempt surplus land by resolution, select Self-Help Enterprises as the affordable housing Item No. 8.
developer for this site, and authorize the City Manager to enter into an option to purchase agreement with SHE for the development of this site.
Entering into the option to purchase agreement would then allow enough time to apply for grant funding under the Multifamily Finance Super Notice of Funding Availability (NOFA) Program, published in February 2025 by the Department of Housing and Community Development.
Attached is the draft Option to Purchase-Purchase and Sale Agreement for the council's consideration.
RECOMMENDATION: That the City Council:
1. Approve the draft resolution to rescind Resolution No.12- 2025;
2. Approve the draft resolution declaring the approximately
4.47-acre parcel of City-owned property, APN 260-300-034, as "exempt surplus land" as defined in Government Code
Section 54220 et seq.;
3. 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; and
4. Authorize the City Manager or designee to enter into an Option to Purchase- Purchase and Sale Agreement with
Self Help Enterprises for APN 260-300-034.
ATTACHMENTS: 1. Draft Resolution Rescinding Resolution No. 12-2025
2. Resolution No. 12-2025
3. Draft Resolution Declaring Surplus Land
4. Locator Map 260-300-034
5. DRAFT Porterville Option to Purchase_Purchase and
Sale Agreement
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. _____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE RESCINDING RESOLUTION NO. 12-2025, A
RESOLUTION 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, at its meeting on February 4, 2025, the City Council approved Resolution No. 12-2025 declaring the aforementioned real property as non-exempt surplus land; and
WHEREAS, upon further evaluation of the Surplus Land Act and its Guidelines, it has been determined that the surplus land can be declared as exempt surplus land if it meets the requirements of Government Code Section 37364; and WHEREAS, since the intent of the City is to transfer the property specifically for the development of affordable housing, declaring it exempt surplus land would be more appropriate; and
WHEREAS, to date no action has been taken regarding the declaration of surplus land as approved by Resolution No. 12-2025; and
WHEREAS, based on the foregoing, the City Council has determined that Resolution No. 12-2025 is no longer relevant or necessary and can be rescinded.
NOW, THEREFORE, the City Council of the City of Porterville hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
Resolution No. ___-2025
SECTION 2. The purpose of this resolution is to rescind and nullify Resolution No. 12-2025.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2025.
__________________________
Greg Meister, Mayor
ATTEST:
Jason Ridenour, Interim City Clerk
By: _____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Resolution No. ___-2025
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
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 City intends to transfer the property specifically for the development of affordable housing, which meets the provision of government code section 37364; and
WHEREAS, the City is committed to furthering development, by streamlining municipal approval processes and the ongoing need for affordable housing, it has been determined that the property meets the requirements to be declared as exempt surplus land under government code section 37364.
NOW, THEREFORE, the City Council hereby resolves as follows:
Resolution No. ___-2025
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares that the Property is exempt 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. Additionally, it is city-owned surplus land that the City intends to transfer for the development of affordable housing that must meet the requirements of Government Code Section 37364.
SECTION 3. 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 submitting to Housing and Community Development (HCD) a Disposition and Development Agreement (DDA), Exclusive Negotiating Agreement (ENA) or lease that confirms the requirement of Government Code section 54221(f)(1)(A) have been met once a developer is selected, and any other actions necessary or appropriate to comply with the Act.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2025.
__________________________
Greg Meister, Mayor
ATTEST:
Jason Ridenour, Interim City Clerk
By: _____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Resolution No. ___-2025
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.
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
This OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT (the “Option”), is made ______________ and effective as of the later signature date of the Optionor or the Optionee (“Option Date”), between the CITY OF PORTERVILLE, a municipal corporation organized and existing pursuant to the laws of the State of California (hereinafter the “OPTIONOR” or “CITY”) and SELF-HELP ENTEPRISES, INC. (SHE), a California Non-Profit Public Benefit Corporation (hereinafter the “OPTIONEE”).
RECITALS
This Option is made with reference to the following facts, understandings, and intentions of the Parties:
WHEREAS, CITY owns all of the legal and beneficial interests in the real property located on west Springville Avenue East of Jaye Street described as APN: 260-300-034, Porterville, Tulare County, California (collectively hereinafter the "Property"); and WHEREAS, CITY has determined that it is no longer in the best interests of CITY to maintain ownership of the Property but instead to sell the Property; and WHEREAS, CITY has determined the Property to be a surplus City site; and WHEREAS, CITY includes among its adopted policies the enhancement and promotion of low- and moderate-income housing together with commercial development within the CITY; and WHEREAS, CITY declared the parcel as exempt surplus land and is being transferred pursuant to Government Code Section 37364; and
WHEREAS, CITY and OPTIONEE, by this Option wish to state the terms and conditions for OPTIONEE's option to acquire the property, and if such option is exercised, for the terms and conditions of the purchase and sale of the Property.
AGREEMENT
NOW, THEREFORE, in consideration of the above-referenced facts, the mutual covenants of the Parties contained in this Option and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Option to Purchase. OPTIONOR hereby grants to OPTIONEE the exclusive option to purchase the Property on the terms and conditions in this Option. OPTIONEE may exercise this Option only as to the entire Property and may not exercise as to only a portion of the Property.
2. Term of Option. The term of this Option shall commence on the execution date and, if not previously exercised as provided below, shall expire and terminate within Two Hundred Forty-Five (245) Days.
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
a. Extension of Option. If the OPTIONEE is not in default of the Option, the Option Agreement may be extended by the OPTIONEE for Ninety (90) days. The request to extend must be in writing, accompanied by a One Thousand Dollar ($1,000) extension fee, and initiated not less than forty-five days (45) days before the initial Option term expires.
3. Consideration for Option. The OPTIONEE, in consideration for the grant of this Option, agrees to deposit Ten Thousand Dollars ($10,000) into escrow at the time of execution of this Option (“Option Payment”). Said Ten Thousand Dollars ($10,000) is to be released to the OPTIONOR at the expiration of the Feasibility Period, unless the OPTIONEE has delivered to escrow written instructions to cancel this Option before the expiration of the Feasibility Period. The total consideration for option will be credited against the purchase price and/or settlement costs upon close of escrow. If escrow does not close, any Option consideration paid will be nonrefundable, following the completion of the Feasibility Period.
4. Feasibility Period. The OPTIONEE has Two Hundred Forty-Five (245) days beginning the day the Option is executed to investigate the legal, financing, and physical status of subject property.
OPTIONEE may cancel the Option at its sole discretion within this Two Hundred Forty-Five (245) day period by sending written notice thereof to OPTIONOR, and the initial Ten Thousand Dollar ($10,000) option fee will be refunded to the OPTIONEE.
5. Processing of any Conditional Use Permit, Architectural Review, Site Plan Review, and other Governmental Entitlements. OPTIONEE agrees to pay all costs to be incurred for the preparation of all required Government Entitlements. OPTIONOR agrees to cooperate with OPTIONEE in securing these items. The requests for these items will be in the OPTIONORS name and OPTIONEE will send OPTIONOR a copy of all such items prior to its submission thereof.
6. Notice of Exercise of Option. OPTIONEE, if not in default under this Option, may exercise this option by delivering to the OPTIONOR, prior to the expiration of the option, a written notice stating that the option is exercised. OPTIONEE’S signing of escrow instructions would satisfy this requirement. The exercise of this Option escrow is subject to the Responsible Entity’s (as defined by the United States Housing and Urban Development Department (“HUD”)) determination to proceed with, modify, or cancel OPTIONEE’s identified project based on the results of any required environmental review and the receipt of an “Authority to Use Grant Funds” from HUD, for the proposed development of the subject property. If OPTIONEE is unable to obtain said approvals, OPTIONEE may decline to exercise this Option. If OPTIONEE declines or fails to exercise prior to the expiration of the Option Term, then the remainder of the Option shall be of no force and effect, and OPTIONEE shall not be obligated to buy the Property, and OPTIONOR shall not be obligated to sell the Property.
7. Amount and Terms of Payment.
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
a. Purchase Price. OPTIONEE shall pay Eight Hundred Sixty Thousand Five Hundred Dollars ($860,500) for the Property, (the "Purchase Price"). The Purchase Price shall be paid as a note carried by the city for 55 years with 0% interest. The Purchase Price shall be due at the close of escrow ("Closing") which shall occur when all the conditions and requirements for Closing stated in this Option have been met. b. Improvement Agreement. OPTIONEE shall pay Five Hundred Six Thousand Six Hundred Sixty-Four Dollars and Ninety-Three Cents ($503,664.93) for the deferred Improvement Agreement Cost. The Improvement Agreement Cost shall be paid in cash at the close of escrow ("Closing") which shall occur when all the conditions and requirements for Closing stated in this Option have been met. c. Deposit. Upon exercise of the Option, the Option Payment shall be treated as a Deposit. The Deposit shall apply toward the Purchase Price but shall be forfeited by the OPTIONEE if the OPTIONEE fails to close escrow for any reason other than default by the OPTIONOR.
8. Right of Entry. OPTIONEE, or its agents shall have the right to enter the Property for any purpose reasonably related to conducting its due diligence, such as preparing Environmental Studies and a Geotechnical Engineering Study, at OPTIONEE’S sole cost and expense. OPTIONEE shall indemnify, defend, and hold harmless OPTIONOR, and its elected officials, officers, employees, volunteers, and agents from all causes of action, claims, liabilities, obligations, judgments, losses, costs, harm, injuries, and expenses (including payment of OPTIONOR’s reasonable attorneys’ fees) resulting from such entry onto the Property.
9. Representations and Warranties of OPTIONOR. OPTIONOR represents and warrants to OPTIONEE that the following matters are true and correct as of the execution of this Option, and acknowledges that any misrepresentation of these matters will jeopardize the non-refundable nature of any option fees paid:
a. To OPTIONOR’S actual knowledge, there are (I) no condemnation, environmental, zoning or other land-use regulation proceedings, either instituted or planned to be instituted, which would detrimentally affect the value or use of the property, nor (II) any assessments affecting the Property other than as set forth in the preliminary title report issued by Old Republic Title Company. In addition, OPTIONER has no knowledge of existing or abandoned underground storage tanks, other underground systems, or environmental contamination on subject site.
10. Completion of Sale. The sale and purchase shall be consummated through an escrow which shall be opened immediately following the full execution of this Option by the parties hereto at Old
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
Republic Title Company, Escrow Officer Julie Massey, located at 555 12th St., Ste. 2000, Oakland, CA 94607.
a. Closing Date. The Close of Escrow shall occur after the OPTIONEE has reviewed and approved the Property during the feasibility period and after all necessary approvals for the project have been completed to the OPTIONEE’S satisfaction, but no later than Three Hundred Sixty-Five (365) days from the effective date of this Option (“Closing Date”), unless otherwise agreed upon in writing. b. Closing of Escrow. The delivery and recordation of the grant deed on behalf of the OPTIONOR for the benefit of the OPTIONEE, and the payment on behalf of the OPTIONEE to the OPTIONOR of the full purchase price, shall be conditions concurrent when escrow is closed (the “Close of Escrow”).
11. Costs of Escrow. OPTIONOR shall pay one-half (1/2) of the escrow and recording fees, all documentary transfer taxes, the cost of a standard CLTA owner's policy of title insurance, and all of the cost of any endorsements necessary to remove any exceptions to title not approved by OPTIONEE. OPTIONEE shall pay one-half (1/2) of the escrow and recording fees, all of any additional premium for an ALTA owner's policy, any other endorsements requested by OPTIONEE, and any survey if OPTIONEE elects such. Each party shall pay its own attorney’s fees related to the close of escrow.
12. Broker’s Commission. OPTIONOR was not assisted by a broker with respect to this transaction. As such, OPTIONEE shall be responsible for any Brokerage Fee if applicable. Any commissions with regard to this transaction are due and payable at Close of Escrow. In the event any broker or person/entity/finder alleges or perfects a claim for a fee, the party legally responsible for the contact or communication on which the broker or finder perfects such a claim shall indemnify, defend, save, and hold harmless and defend the other party from such claim and/or costs and expenses (including reasonable attorney’s fees) incurred by the other party in defending against the same.
13. Time Limits. Time is of the essence. If the escrow provided herein is not closed within the time set forth in this Option, this Option shall automatically terminate without further obligation on either party unless both parties hereto consent in writing prior to termination to an extension of this option for a definite period of time.
14. Conditions of Escrow. The close of the escrow pursuant to the exercise of this option is conditioned on:
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
a. The conveyance of title to OPTIONEE of said Property, as evidenced by a standard form CLTA title Insurance Policy in the full amount of the purchase price issued by the title company, subject only to such liens (other than liens for taxes due and payable on or before the date of sale), encumbrances, clouds, or conditions as are approved in writing by OPTIONEE.
b. Delivery of possession of the Property to OPTIONEE immediately upon Close of Escrow free and clear of all uses and occupancies except as OPTIONEE may waive in writing.
c. Should OPTIONEE cancel said escrow after Option is exercised, any consideration, including the Option Payment, shall be retained by OPTIONOR. d. The closing of this escrow is subject to the Responsible Entity’s (as defined by HUD) determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review and the receipt of an “Authority to Use Grant Funds” from HUD, for the proposed development of the subject property. If OPTIONEE is unable to obtain said approvals, OPTIONEE may cancel said escrow and any option consideration shall be retained by OPTIONEE.
15. Possession. Delivery of possession of the Property to OPTIONEE shall occur simultaneously with recordation of the grant deed.
16. Condemnation. Either party may terminate this Option without further obligation by giving written notice to the other, at any time prior to close of escrow, in the event that any action or proceeding is commenced for condemnation, or the exercise of the right of eminent domain, of the Property or any substantial portion thereof, or if OPTIONOR is advised by any governmental agency or any entity having the right of condemnation or an intention to condemn the subject property or any substantial portion thereof.
17. Moratorium. Either party may terminate this Option without further obligation by giving written notice to the other, at any time prior to the close of escrow, in the event that an interim zoning or moratorium ordinance, as authorized by the California Government Code Section 65858, or otherwise, is adopted by Utility Companies, City of Porterville, or other governmental entity having jurisdiction, which temporarily prohibits and limits the use and development of the Property, or any substantial portion thereof, for housing.
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
18. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered when personally served or when deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed to the party being served as follows:
a. To OPTIONOR:
City of Porterville
291 North Main Street
Porterville, CA 93257
Attn: Jason Ridenour, City Manager
b. To OPTIONEE:
Self-Help Enterprises
P.O. Box 6520/8445 W. Elowin Court
Visalia, CA 93290
Attn: Betsy McGovern-Garcia, Vice President
19. Option Assignability. This Option may be assigned by the OPTIONEE with the OPTIONOR’S written consent, which consent shall not be unreasonably withheld. OPTIONER’S consent shall not be required if OPTIONEE assigns its rights under this Option to a limited partnership in which OPTIONEE or any affiliate thereof is the general partner.
20. Termination by OPTIONEE. OPTIONEE may terminate this Option at any time by notifying OPTIONOR in writing.
21. Successors and Assigns. This Option shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
22. Non-waiver. The waiver by one party hereto of the performance of any promise or condition shall not invalidate this Option or constitute a waiver by such party of any other promise or condition.
23. Entire Agreement. This Option contains the entire understanding between the parties relating to the option herein granted and any Option or representation respecting this Option, or the responsibilities of either party in relation thereto, not expressly set forth herein, shall be ineffective.
24. Amendments. Any Amendments of or supplements to this Option shall be in writing, signed on behalf of both parties hereto.
OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)
25. Quitclaim. If OPTIONEE fails to exercise this option in accordance with the terms of this Option or if this Option is earlier terminated in accordance with the terms of this Option, OPTIONEE shall properly execute, acknowledge, and deliver to OPTIONOR within ten (10) days of the request thereof a quitclaim deed or any other document required by the OPTIONOR or a title insurance company to verify the termination of this Option.
26. Memorandum of Option. A memorandum of option evidencing this Option may be recorded in the official records of the County of Tulare. See Exhibit “A”
27. Attorney’s Fees. In the event of any litigation or arbitration between the parties hereto arising out of this Option or the performance thereof, the prevailing party shall be entitled to recover reasonable attorney’s fees in addition to any other relief to which that party may be entitled.
28. Extension of Time Limit. Any extension of time limit specified here, to be effective, must be in writing, signed by all parties, and must stipulate a definite period.
29. Tax-Free Exchange. OPTIONEE agrees to participate in one or more tax-free exchanges at OPTIONOR’s request without cost or liability to OPTIONEE.
IN WITNESS WHEREOF, this Option has been executed by the parties hereto as of the date first above written.
OPTIONOR: OPTIONEE:
City of Porterville Self-Help Enterprises
__________________________ ________ ___________________________ ________ Jason Ridenour, Interim City Date Thomas J. Collishaw, President Date Manager
__________________________ ________ ___________________________ ________ Date Elizabeth M. Garcia, V.P./ Date
Asst. Secretary
Item No. 9.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Kern Community College District Police Range Cooperative Agreement SOURCE: Police
COMMENT: The Porterville Police Department Firearms Training Facility/Range became operational in May 2011 for live fire training. Currently, the California Highway Patrol, Farmersville Police Department, and Kern Community College District Porterville, on behalf of Porterville College Police Academy, are under an agreement to utilize the firing range for training and qualifications of their personnel.
The Kern Community College District, on behalf of Porterville College Police Training Academy, indicated it wishes to continue use of the training facility and has agreed to compensation for such use. The agreed-upon compensation is $1,500 annually over the term of a threeyear agreement for a total of $4,500.
Staff is requesting City Council approval to enter into a new agreement with the Kern Community College District, Porterville College Police Academy, allowing the agency usage of the Porterville Police Department Firearms Training Facility/Range for the term of the agreement beginning July 1, 2025, to June 30, 2028.
RECOMMENDATION: That the City Council:
1. Approve the Agreement for the period of 07/01/25,
through 06/30/28; and
2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.
ATTACHMENTS: 1. Cooperative Agreement - KCCD - (PC - 2025-2028) Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Item No. 9.
Final Approver: Jason Ridenour, Interim City Manager
POLICE FIRING RANGE COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2025, between the CITY OF PORTERVILLE (“CITY”), and KERN COMMUNITY COLLEGE DISTRICT on behalf of PORTERVILLE COLLEGE (“PC”), (each a “Party,” and collectively, the “Parties”), with reference to the following:
A. The Parties desire to allow the use of the CITY Police Firing Range (“Range”) by PC.
B. The Parties are willing to enter into this Agreement on the terms and conditions set forth below.
ACCORDINGLY, IT IS AGREED:
1. The term of this Agreement shall be for thirty-six (36) months, commencing on July 1, 2026, and ending on June 30, 2028.
2. PC use of the Range will vary depending on the range training necessary, as outlined by the Peace Officer Standards and Training (POST) guidelines, and as scheduled to accommodate the Police Reserve Academy dates.
3. The cost per this agreement term shall be equal to one thousand five hundred dollars ($1,500) annually.
4. The CITY shall furnish use of the Range to PC including restroom facilities, if available, and shall pay all taxes, insurance, maintenance fees, and all other costs required to provide use of the Range in accordance with this Agreement.
5. PC shall have the use of on-site firearms buildings located at the Range for training programs. Any available classroom facility may be used on a caseby-case basis, without additional charge, when arranged through the PPD Range Supervisor.
6. PPD and PC agree the Range shall be open and usable by members of the PC Police Academy at such times that are mutually agreeable to both parties. Exclusive use of the facilities by PC must be coordinated with, and scheduled by, the PPD Range Supervisor.
7. Prior to exclusive use of the Range, PC will submit their training agenda and course of fire to the PPD Range Supervisor as outlined in the Reserve Police Academy’s POST learning domain.
8. PC agrees that its members/cadets using the Range under this Agreement shall be governed by the range safety rules established by PPD. (Firearms Range Rules and Regulations attached.)
9. On their scheduled training days, the PC Range Master shall contact PPD Watch Commander at (559) 782-7400 upon their arrival and departure from the Range.
10.After use of the facility, PC agrees to ensure the Range is cleaned properly of all debris resulting from their use, including brass. Brass will be left in containers (containing only brass) at the Range for disposal by PPD.
11.Both the PPD and PC reserve the right to cancel this Agreement with thirty (30) days advance written notice to the other party.
12.The amount to be paid by PC, if monetary amount is agreed upon by both Parties, will be due and payable as follows: PC shall pay the amount as invoiced by the CITY on an annual basis of the agreed upon cost within thirty days of receiving said invoice(s).
13.Each party agrees to defend, hold harmless and indemnify the other party (and its officers, employees, trustees, agents, successors and assigns) against all claims, suits, expenses (including reasonable attorney's fees), losses, penalties, fines, costs and liability whether in contract, tort or strict liability (including, but not limited to, personal injury, death at any time and property damage) arising out of, or made necessary by, the indemnifying party's performance of this Agreement or breach of its terms.
14.Each party shall obtain, pay for and maintain in effect during the life of this Agreement the following policies of insurance issued by an insurance company rated not less than "A-,VI" in Best Insurance Rating Guide and admitted to transact insurance business in California: (1) commercial general liability insurance (including contractual, products and completed operations coverages, bodily injury and property damage liability insurance) with single combined limits of not less than $1,000,000 per occurrence; (2) workers' compensation insurance as required under state law. Each party's policy shall contain an endorsement naming the other party as an additional insured insofar as this Agreement is concerned, and provide that written notice shall be given to the other party at least 30 days prior to cancellation or material change in the form of the policy or reduction in coverage. a. Each party shall furnish the other party with a certificate of insurance containing the endorsements required under this section, and each party shall have the right to inspect the other party's original insurance policies upon request. Upon notification of receipt of a notice of cancellation, change or reduction in coverage, each party shall immediately file with the other party a certified copy of the required new or renewal policy and certificates for such policy.
b. Nothing in this section concerning minimum insurance requirements shall reduce a party's liabilities or obligations under the indemnification provisions of this Agreement.
15.Except as otherwise required by law, any notice to be given shall be in writing and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:
CITY:
City Clerk of the City of Porterville
291 N. Main Street
Porterville, CA 93257
Phone: 559-782-7447
Fax: 559-782-7452
PORTERVILLE COLLEGE:
Kern Community College District
2100 Chester Avenue
Bakersfield, CA 93257
Phone: 661-336-5100
Fax: 661-336-5178
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission shall be deemed received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph.
16.No part of this Agreement may be assigned by any of the Parties without the prior written consent of the other Party.
17.Termination.
a. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.
1) This Agreement may be terminated by any Party should another Party:
a) be adjudged bankrupt;
b) become insolvent or have a receiver appointed;
c) make a general assignment for the benefit of creditors; d) suffer any judgment which remains unsatisfied for 30 days and which would substantively impair the ability
of the judgment debtor to perform under this
Agreement; or
e) materially breach this Agreement.
2) For any occurrences except item (e), termination may be effected upon written notice by the terminating Party
specifying the date of termination.
3) Upon a material breach, the Agreement may be terminated following the failure of the defaulting Party to remedy the breach to the satisfaction of the non-defaulting Party(ies) within five (5) days of written notice specifying the breach. If the breach is not remedied within the five (5) day period, the non-defaulting Party may terminate the Agreement on further written notice specifying the date of termination.
4) If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting Party(ies) consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting Party(ies) may terminate upon written notice specifying the date of termination. b. Effects of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pretermination contract activities.
18.This Agreement represents the entire Agreement between the Parties as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of all Parties.
19.This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.
20.Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
21.The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.
22.This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party.
23.Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.
24.It is expected that this agreement will continue into coming years. At the end of this agreement, the Chief of Police and the Dean of Career & Technical Education, or their designees, shall convene a meeting to discuss the agreement. If the agreement is continued, the Chief of Police shall provide the new cost (if applicable), and the new agreement will indicate the amount of funding each party shall be responsible for.
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
CITY OF PORTERVILLE:
____________________________________
Jake Castellow, Chief of Police Date
PORTERVILLE COLLEGE:
_____________________________________
Melissa Thornsberry Date
Item No. 10.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival - April 5, 2025
SOURCE: Finance
COMMENT: The Porterville Chamber of Commerce is requesting approval to hold the Porterville Chamber Spring Festival on Saturday, April 5, 2025, from 10:00 AM to 3:00 PM. This year's festival will include food booths, vendor booths, a kids' zone, a taco eating contest, family entertainment, and a car show. The request includes the closure of Main Street from Morton Avenue to Putnam Avenue and the side streets along Main Street, as indicated on the attached map, from 6:00 AM to 5:00 PM and the closure of the sidewalks along Main Street, from Morton Avenue to Putnam Avenue, for the vendor booths. An outside amplifier permit has been approved from 10:00 AM to 3:00 PM.
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 listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.
RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Porterville Chamber of
Commerce to hold the Porterville Chamber Spring Festival event on April 5, 2025, subject to restrictions and
requirements contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.
ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Map, Outside Amplifier Permit, and
Certificate of Liability Insurance.
Appropriated/Funded:
Review By:
Item No. 10.
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 11.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Approval of Community Civic Event - Central California Family Crisis Center - Ladies of Sinister Nation's 1st Annual Easter Egg Hunt & Basket Drive - April 5, 2025
SOURCE: Finance
COMMENT: The Central California Family Crisis Center is requesting approval to hold the "Ladies of Sinister Nation's 1st Annual Easter Egg Hunt & Basket Drive" on Saturday, April 5, 2025, at Veterans Park, from 1:00 PM to 5:00 PM. This is a fundraising event for the Central California Family Crisis Center and will feature food vendors and an Easter egg hunt. An outdoor amplifier permit has been approved from 1:00 PM to 5:00 PM.
This request is made under the Community Civic Events Ordinance No.1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City departments involved. All requirements and restrictions are listed on the attached Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.
RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Central California Family Crisis Center, to hold the "Ladies of Sinister Nation's 1st Annual Easter Egg Hunt & Basket Drive" event on Saturday, April 5, 2025, subject to the requirements and restrictions
contained in the Application and Agreement, Exhibit A,
Exhibit B, Exhibit C and Outside Amplifier Permit.
ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Map, Certificate of Liability Insurance, and Flyer.
Appropriated/Funded:
Review By:
Department Director:
Item No. 11.
Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 12.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Approval of Community Civic Event - Boys and Girls Club of the Sequoias - 2025 Love Our Kids 5K Fun Run & Walk - April 5, 2025 SOURCE: Finance
COMMENT: The Boys and Girls Club of the Sequoias is requesting approval to hold the "2025 Love Our Kids 5K Fun Run & Walk" event on Saturday, April 5, 2025, at the Sports Complex, from 9:00 AM to 11:30 AM. The Club is requesting the use of the perimeter around the Porterville Sports Complex, beginning and ending South of the concession stand and closure of the West end of the North parking lot. This event will benefit the Strathmore Boys and Girls Club. The sponsor is requesting the use of the Sports Complex from 7:30 AM to 12:30 PM, for set-up before and cleanup after the event. An outside amplifier permit has been approved from 9:00 AM to 11:30 AM.
This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved.
All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.
RECOMMENDATION: That the Council approve the Community Civic Event Application submitted by the Boys and Girls Club of the Sequoias to hold the "2025 Love Our Kids 5K Fun Run &
Walk" event on Saturday, April 5, 2025, subject to the
restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.
ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, Certificate of
Liability Insurance, and Flyer.
Appropriated/Funded:
Item No. 12.
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 13.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Approval of Community Civic Event - Experimental Aircraft Association - Porterville Military Academy 5K/10K Trail Run - April 12, 2025 SOURCE: Finance
COMMENT: The Experimental Aircraft Association (EAA) is requesting approval to hold the Porterville 5K/10K Trail Run event on Saturday, April 12, 2025, from 8:00 AM to 12:00 PM, starting and finishing at the Porterville Military Academy (PMA). This is a fundraising event for the EAA and the PMA Athletic Department. The sponsor is requesting for West Pioneer, between North Ohio Street to North Cottage Place, North Villa Street at West La Vida Ave, West Westfield Ave between North Howland Street and North Main Street, and West Reid Ave at North Scenic Drive, be closed only when runners are crossing. The direction of the course is indicated on the attached map. An outside amplifier has been approved from 7:30 AM to 12:00 PM.
This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved.
All requirements and restrictions are listed on the attached Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.
RECOMMENDATION: That the Council approve the Community Civic Event Application and Agreement submitted by the Experimental Aircraft Association to hold the PMA 5K/10K Trail Run
event on Saturday, April 12, 2025, subject to the
Restrictions and Requirements contained in the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.
ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, and Certificate of Liability Insurance.
Appropriated/Funded:
Item No. 13.
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Authorization for Out-of-State Travel
SOURCE: Police
COMMENT: On May 7, 2024, the City Council approved the Police Department to purchase new firearms to transition from the Glock 22/23 .40cal to the Glock model 45 in 9mm caliber with the Steiner MPS Red Dot Sight Optic from PROFORCE. This transition also accompanied the trade-in of our current Glocks.
PROFORCE is our current vendor for firearms for the City of Porterville and, as previously mentioned, agreed to allow for the trade-in of our handguns, all of which were purchased from PROFORCE in 2016.
Funds are available in the Police Department's current operating budget for this travel.
Staff requests that the City Council authorize out-of-state travel for two City of Porterville Police Department personnel to travel to PROFORCE, located in Arizona, to transport and deliver the trade-in Glock firearms.
RECOMMENDATION: That the City Council:
1. Authorize out-of-state travel and per diem expenses for two Police Department personnel to travel to PROFORCE
Marketing Inc, located in Prescott, Arizona, to transport and deliver seventy-four department firearms for trade-in as agreed upon contract during the purchase of the new
department handguns and approved at the council meeting on May 7, 2024.
ATTACHMENTS: 1. ProForce Trade Quote
2. Staff Report (May 2024)
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Jason Ridenour, Interim City Manager
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
641141 1
A.S.A.P.
CITY OF PORTERVILLE PORTERVILLE POLICE DEPARTMENT
PURCHASING DIVISION 350 N D ST
350 N. D STREET
PORTERVILLE CA 93257 PORTERVILLE CA 93257
559-784-4569
N/A 04/25/24 001128 A GREGG MCCLUNG FX G-FOB ORIGIN Ppd 76 TRADES-CA 230.00- EA 17,480.00CR
CREDIT FOR TRADES-IF NOT SENT .00
AS SPECIFIED, MAY BE REDUCED
70 - G22 purchased from us in 2016. PG22507 GLK M22 G4 40SW PST GNS 3MAGS
have the majority of the boxes and the weapons are in good condition, No dept markings
6 - G23 purchased from us in 2016. PG23507 GLK M23 G4 40SW PST GNS 3MAGS
have the majority of the boxes and the weapons are in good condition. No dept markings
-5.00 for any missing mags
OFFICER BUYBACK PRICE 287.50 PLUS TAX/SHIPPING
This quote is valid for 45 days from date of issue,
pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.
Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.
Standard manufacturer's warranty applies to all department QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
641141 2
A.S.A.P.
CITY OF PORTERVILLE PORTERVILLE POLICE DEPARTMENT
PURCHASING DIVISION 350 N D ST
350 N. D STREET
PORTERVILLE CA 93257 PORTERVILLE CA 93257
559-784-4569
N/A 04/25/24 001128 A GREGG MCCLUNG FX G-FOB ORIGIN Ppd ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.
ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to [email protected]. For orders over $5,000, a PO or signed quote is required to process the order.
Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.
Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________ **PLEASE NOTE: WHEN SHIPPING TRADE GUNS, PLEASE SUPPLY A
LETTER STATING THAT THE GUNS HAVE BEEN INSPECTED BY AN
ARMORER AND THAT THEY ARE SAFE AND FUNCTIONAL. ALL
CONFISCATED WEAPONS MUST BE CLEARED BY AN NCIC CHECK AND QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
641141 3
A.S.A.P.
CITY OF PORTERVILLE PORTERVILLE POLICE DEPARTMENT
PURCHASING DIVISION 350 N D ST
350 N. D STREET
PORTERVILLE CA 93257 PORTERVILLE CA 93257
559-784-4569
N/A 04/25/24 001128 A GREGG MCCLUNG FX G-FOB ORIGIN Ppd STATED ON YOUR PAPERWORK PRIOR TO SHIPPING TO PROFORCE. NO SATURDAY DELIVERIES. AN ADULT SIGNATURE IS REQUIRED.**
**PLEASE EMAIL THE COMPLETED TRADE WEAPONS FORM IN EXCEL
FORMAT PRIOR TO SHIPPING THE TRADES TO PROFORCE LAW
ENFORCEMENT.**
**NOTE: PROFORCE LAW ENFORCEMENT DOES NOT ACCEPT CLASS III WEAPONS TRADES. PLEASE DO NOT SHIP ANY CLASS III WEAPONS TO PROFORCE REGARDLESS OF THE CIRCUMSTANCES.**
IMPORTANT: TRADE GUNS ARE TO BE DELIVERED AT THE
DEPARTMENT'S EXPENSE WITHIN 45 DAYS OF ACCEPTANCE OF NEW PRODUCT. DELIVERY ADDRESS TO BE PROVIDED BY PROFORCE INSIDE SALES REPRESENTATIVE. PLEASE CONFIRM ADDRESS BEFORE SHIPPING TRADES.
SALES AMOUNT 17,480.00CR
FOR JESUS GALLARDO
BY RYAN S 9.250%
DUE NET 30 DAYS
CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Consideration to Purchase Handguns
SOURCE: Police
COMMENT: The primary sidearm of the Porterville Police Department has been the Glock, .40 caliber handgun. This model handgun has proven durable and reliable throughout its service with the department. These handguns are critical pieces of basic safety equipment for law enforcement personnel and are necessary for the protection of the officers and the community. The current Glock handguns purchased by the Department were acquired in 2016. Due to wear and tear, our current handguns are nearing the end of their service lives. Additionally, caliber debates have existed in law enforcement for decades. What is clear, however, is that the 9mm cartridge is more abundant, less expensive, and easier to train with than any other. The 9mm cartridge is the pistol caliber choice for today’s law enforcement.
In a study conducted by the FBI, 9mm Luger offers select projectiles that outperform most of the premium line .40 S&W and .45 Auto projectiles.
Additionally, the 9mm Luger offers higher magazine capacities, less recoil, lower cost (both in ammunition and wear on the weapons), and higher functional reliability rates. The majority of the FBI shooters in the study were both faster in shot strings fired and more accurate with shooting a 9mm Luger vs shooting a .40 S&W (similar-sized weapons). It has been determined that the 9mm is factually superior in multiple areas, having less felt recoil (which allows faster, more accurate hits), the magazines holding more rounds, the 9mm ammunition is significantly less expensive, and the modern defensive 9mm has similar ballistic performance of the .40 caliber.
Each Glock handgun purchased and issued by the department currently comes equipped with tritium night sights; however, with the advancement of technology, Red Dot Sight Optics (RDS) have become the industry standard.
During multiple range sessions, Porterville Police Officers test-fired multiple handguns, including Glock models 17, 19, 43x, 48, and 45, all in 9mm caliber, and using both iron sights and red dot sights (RDS). Over 90 percent of the officers that test-fired the aforementioned handguns preferred the Glock Model
45. Approximately 80 percent of the officers shot faster and with higher accuracy using the red dot sights, with 20 percent preferring the iron sights simply due to having difficulty understanding how the RDS works in terms of aiming. The department’s Range Master has purchased a Glock model 45 with multiple RDS systems and has tested them. For law enforcement duties, he prefers the Steiner MPS Red Dot Sight Optic System for multiple reasons, including durability, easier acquisition of the red dot, and having the emitter better protected (the diode that emits the red dot light is enclosed).
Additionally, in meetings with the Tulare-Kings Counties Police Academy Advisory Board, it has been discussed that due to the industry standard being RDS Optics, the academy has acquired RDS and now trains with it. It has been determined that the RDS increases accuracy, which lowers liability.
The recommendation is to transition from the current handgun platform (Glock 22/23 .40cal) to the Glock model 45 in 9mm caliber with the Steiner MPS Red Dot Sight Optic. These guns will accept our current gun light. Staff has received the estimate from PROFORCE for the new equipment, which includes the firearm, the RDS, and new holsters. This estimate also accompanies the trade-in of our current Glocks. PROFORCE is our current vendor for firearms for the City of Porterville and, as previously mentioned, has agreed to allow for the trade-in of our current handguns (70) Glock Model 22’s and (6) Glock Model 23’s (all of which were purchased from PROFORCE in 2016).
Vendor Purchase Price
(90 Handguns)
Trade-In Value
(76 Handguns)
Cost to
City
PROFORCE Law
Enforcement
$92,008.60 $17,480.00 $74,528.60
Funds are available in the Police Department's current operating budget.
RECOMMENDATION: That the City Council:
1. Authorize department staff to negotiate the purchase of (90) Glock, Model 45, 9mm caliber handguns from PROFORCE Law Enforcement; and
2. Authorize payment upon receipt of handguns.
ATTACHMENTS: 1. ProForce Quote
2. ProForce Trade Quote
3. FBI - 9mm Report
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 15.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Council Consideration and Approval of Amendments to the Eastern Tule Groundwater Sustainability Agency Joint Powers Authority SOURCE: Public Works
COMMENT: As the Council is aware, the City of Porterville is a member of the Eastern Tule Groundwater Sustainability Agency (ETGSA), a Groundwater Sustainability Agency (GSA) formed in compliance with the Sustainable Groundwater Management Act (SGMA), enacted in 2014 by the California State Legislature. The ETGSA is responsible for implementing SGMA within the Tule Subbasin and ensuring groundwater sustainability through the development and enforcement of a Groundwater Sustainability Plan (GSP).
The City of Porterville is currently represented on the ETGSA Board by Council Member Stan Green, who serves as a Board Member, and Assistant City Manager Michael Knight, who serves as an Alternate.
The ETGSA has recently proposed a First Amended and Restated Joint Powers Agreement (JPA) to update and clarify its member agencies' governance provisions, operational responsibilities, and financial commitments. The amended agreement continues to align with SGMA requirements and maintains the City's role in groundwater sustainability planning and management. Key updates to the JPA include reaffirming the ETGSA's authority as a public entity under the California Government Code. Provide clarification of member contributions and financial obligations for sustainability efforts. At the same time, coordination provisions will be enhanced with other GSAs to ensure compliance with SGMA—the updated governance structure to improve representation and decision-making processes.
By acknowledging this amendment and continuing its participation, the City of Porterville will ensure its voice in regional groundwater management decisions and protect its local water interests. There is no immediate fiscal impact associated with this action. Any financial obligations related to the City's participation in the ETGSA are budgeted within existing groundwater management and sustainability planning allocations.
Continued participation in the ETGSA is essential for the City of Item No. 15.
Porterville to effectively manage and protect its groundwater resources.
Staff recommends that the City Council acknowledge the First Amended and Restated JPA and confirm the City's ongoing commitment to regional groundwater sustainability.
RECOMMENDATION: That the City Council acknowledge the First Amended and Restated Agreement with the Eastern Tule Groundwater
Sustainability Agency (ETGSA) and authorizes the
continued participation of the City of Porterville as a member agency and direct the Mayor or his designee to
sign the amended JPA Agreement.
ATTACHMENTS: 1. Draft 1ST Amended and Restated JPA for Eastern Tule GSA with Changes
2. Draft 1ST Amended and Restated JPA for Eastern
Tule GSA
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
FIRST AMENDED AND RESTATED AGREEMENT TO FORM A JOINT
POWERS AUTHORITY
EASTERN TULE GROUNDWATER SUSTAINABILITY AGENCY
THIS FIRST AMENDED AND RESTATED AGREEMENT (“Agreement”) is made _________________, by and between the COUNTY OF TULARE (“County”), CITY OF
PORTERVILLE, PORTERVILLE IRRIGATION DISTRICT, SAUCELITO IRRIGATION DISTRICT, TEAPOT DOME WATER DISTRICT, VANDALIA WATER DISTRICT, and TERRA BELLA IRRIGATION DISTRICT, and KERN-TULARE WATER DISTRICT (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 Members overlie the Tule Subbasin (5-22.13 of the Department of Water Resources Bulletin 118 classifications) (“Subbasin”) of the San Joaquin Valley Basin, 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. 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.
G. Under SGMA, each GSA will be responsible for assuming its regulatory role by June 30, 2017, and for submitting a Groundwater Sustainability Plan (“GSP”) to the Department of Water Resources by January 31, 2020.
H. The Members intend to work cooperatively with other GSAs in the Subbasin for purposes of developing a GSP and entering into a Coordination Agreement if necessary.
I. 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 and users of groundwater and interested persons 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.
J. The Members intend by this Agreement to provide for the management and funding commitments reasonably anticipated to be necessary for the above purposes.
K. 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.
L. The jurisdictional area of this Authority is intended to generally consist of all areas within the jurisdictional boundaries of the Members and will specifically be determined at the time a notice of intent to act as a GSA is filed with the Department of Water Resources. For the purposes of this Agreement only, the jurisdictional boundary of the County of Tulare will be defined to not include any areas that are within the jurisdictional boundaries of any other Member.
L.M. The Parties executed the original Agreement on December 6, 2016, and now wish to amend and restate said Agreement in its entirety.
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 “Eastern Tule 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 and, subject to the limitations of this agreement, carry out the provisions of SGMA within the jurisdictional area of the GSA; (b) To develop, adopt, and implement a legally sufficient GSP covering those portions of the Subbasin that are within the jurisdictional boundaries of the GSA, subject to the
limitations set forth herein, 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, including but not limited to developing, adopting and implementing a GSP, subject to the right of Members to withdraw from the Authority and seek to become a GSA(s) as specified in Section 8.05. The Authority shall have the power to sue and be sued.
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 the Kern TulareVandalia Water DistrictTerra Bella Irrigation District.
Notwithstanding anything to the contrary in this Agreement, the Authority shall not acquire or seek to acquire by eminent domain any property of a Member. Nothing in this Agreement shall modify or limit the police powers of Members, if any.
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.
Section 2.04. Water Right. The Authority shall not have the power to control, limit or empower a Member’s rights and authorities over its own surface water supplies, facilities, operations, water management, water supply projects and financial affairs (“Water Supply Matters”). 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 not modify rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution and that any groundwater management 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 Directors who shall be appointed as follows:
(1) One elected member of the governing body of each Member entity. (b) One representative from a landowner and groundwater user in a “white area” (hereinafter referred to as “White Area Representative”), appointed by the County of Tulare Board of Supervisors. A “white area” is defined as such area where the County of Tulare is the only public agency with jurisdiction as defined by SGMA. (c) 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.
Any such alternates shall be empowered to cast votes in the absence of the regular Directors or, in the event of a conflict of interest preventing the regular Director from voting, to vote because of such conflict of interest.
(d) Directors and alternate Directors may be removed or replaced as follows:
(1) Members may be removed or replaced at any time by their governing board; and (2) 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. Notwithstanding the foregoing, approval of certain types of matters shall require the approval of two-thirds of the Directors of the Board. The items requiring approval of twothirds of the Directors of the Board are: agenda items to approve or revise budgets, assessments,
litigation, the hiring or termination of the chief executive officer, the adoption of bylaws, adoption of the GSP, the addition of new Members, the termination of Members, and amendments of this Agreement. Directors representing a Member who is delinquent in any past or present monetary contributions shall abstain from voting on all matters.
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. The Board shall appoint one Director or alternate Director to be a member of and the Chair of each committee. 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. Two standing committees shall be formed as soon as reasonably practical, but in no event later than one hundred and twenty (120) days of formation of the Authority. They are as follows:
(a) Stakeholder Committee. Committee members shall fall within categories of interested persons or representatives of interested entities as described in SGMA. Committee members shall be appointed by the Board from among applicants. (b) Executive Committee. Each Director shall be entitled to appoint one staff member of the Member agency to be a member of the Executive Committee.
ARTICLE V
OFFICERS AND EMPLOYEES
Section 5.01. Chair and Vice-Chair. Each year the Board shall elect a Chair and a ViceChair 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 shall sign all contracts and agreements as approved by the Board.
Section 5.02. Secretary. The Board shall appoint a Secretary from among the employees of the Authority, or if no such employees exist, a consultant. 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 shall sign agreements for the Authority when authorized by the Board.
Section 5.03. Treasurer and Auditor.
(a) The County Treasurer 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. The County Treasurer 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 the County Auditor.
(b) The County Auditor 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, the County Treasurer 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 to the Authority to accomplish the purposes of the Authority.
ARTICLE VI
ACCOUNTS AND REPORTS; FUNDS
Section 6.01. Accounts and Reports. The County Auditor 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. The County Auditor, 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. Members shall make contributions as set forth in the budgets 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 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 shall lose its privilege to vote on any item presented to the Board, until such assessment is paid.
ARTICLE VII
Implementation of SGMA
Section 7.01 – Development of GSP. Unless otherwise provided under this section 7.01, the Authority shall develop the GSP for all areas within the jurisdictional boundary of the Members, as defined herein. Notwithstanding the foregoing, consistent with the provisions of SGMA pertaining to Management Areas, any Member or group of Members may propose its or their own chapter or provisions governing SGMA implementation within their respective boundaries or a Management Area managed in whole or in part by such Member(s) for inclusion by the Authority into the Authority’s GSP. The Authority shall promptly review the proposed chapter or provisions for consistency with the Authority’s GSP and to determine that it meets the requirements of SGMA. If the Authority determines by a vote of 75% of the Directors that a Member’s proposed chapter or provisions is/are consistent with SGMA and the Authority’s GSP, it shall incorporate such chapter or provisions into the Authority’s GSP.
Section 7.02 – Implementation in Management Areas. Any Member (or group of Members) that has or have established a Management Area as part of the Authority’s GSP may request to be assigned the primary responsibility of implementing SGMA and the Authority’s GSP within its Management Area by giving written notice to the Authority, which notice may be given at any time. Upon receipt of such notice, the Authority and the requesting Member(s) shall develop a mutually acceptable agreement describing the respective roles and responsibilities of the Authority and the requesting General Member(s) with respect to such implementation.
ARTICLE VIII
MEMBERSHIP, TERM; WITHDRAWL; TERMINATION
Section 8.01. 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.
Section 8.02. 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 8.03. Withdrawal of Member. A Member may terminate its membership in the Authority at any time upon giving written notice of the withdrawal to the Authority which shall be effective one hundred eighty (180) days after such notice. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued prior to the effective date of such withdrawal.
Section 8.04. Disposition of Assets. Upon termination of the Authority, any assets shall be returned to the Members in the same proportion said Members have funded such reserves or surplus, in accordance with California Government Code Section 6512.
Section 8.05 Effect of Withdrawal On SGMA Status. Upon withdrawal or termination as a Member, whether occurring before or after June 30, 2017, it is contemplated the withdrawing or terminated Member would concurrently become (or designate) a GSA for the lands within its boundaries (or a Management Area managed in whole or in part by such Member), so that such lands of the withdrawing or terminated Member would continue to be subject to a GSA and if applicable a GSP and the powers of such withdrawing Member within its boundaries would not be limited by this Agreement. In the event that a Member provides notice of withdrawal either prior to or within 30 days after adoption of a GSP by the Authority, the Authority (i) shall not object to or interfere with the lands in the withdrawing or terminated Member’s boundaries (or a Management Area managed in whole or in part by such Member) being in a GSA, as designated by such withdrawing or terminated Member, (ii) shall facilitate such transition to the extent necessary, and (iii) the Authority shall withdraw from managing the Subbasin as a GSA for that portion of the Basin within the boundaries of the withdrawing or terminated Member and so notify the Department of Water Resources. The withdrawing or terminated Member will also be entitled to copies of all documents, information, and material developed by the Authority and paid for in whole or in part by the Member prior to the Member’s withdrawal or termination.
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.
In this regard, the Members do not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations of the Authority, except as may be specifically provided for in California Government Code Section 895.2 as amended or supplemented.
Provided, however, if any Member(s) of the Authority are, under such applicable law, held liable for the acts or omissions of the Authority caused by negligent or wrongful act or omission occurring in the performance of this Agreement, such parties shall be entitled to contribution from the other Members so that after said contributions each Member shall bear an equal share of such liability. This Section 9.02 does not apply to acts or omissions of a Member in implementing the GSP adopted by the Authority within such Member’s boundaries managed in whole or in part by such Member.
Section 9.03. Insurance. The Authority shall obtain insurance for all Members, appointed 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. Counterparts. This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one instrument.
IN WITNESS WHEREOF, the Members hereto execute this Agreement on the date first written above.
COUNTY OF TULARE
By:
CITY OF PORTERVILLE
By:
PORTERVILLE IRRIGATION DISTRICT
By: ___________________________________
SAUCELITO IRRIGATION DISTRICT
By:
TERRA BELLA IRRIGATION DISTRICT
By:
FIRST AMENDED AND RESTATED AGREEMENT TO FORM A JOINT
POWERS AUTHORITY
EASTERN TULE GROUNDWATER SUSTAINABILITY AGENCY
THIS FIRST AMENDED AND RESTATED AGREEMENT (“Agreement”) is made _________________, by and between the COUNTY OF TULARE (“County”), CITY OF
PORTERVILLE, PORTERVILLE IRRIGATION DISTRICT, SAUCELITO IRRIGATION DISTRICT, and TERRA BELLA IRRIGATION DISTRICT (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 Members overlie the Tule Subbasin (5-22.13 of the Department of Water Resources Bulletin 118 classifications) (“Subbasin”) of the San Joaquin Valley Basin, 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. 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.
G. Under SGMA, each GSA will be responsible for assuming its regulatory role by June 30, 2017, and for submitting a Groundwater Sustainability Plan (“GSP”) to the Department of Water Resources by January 31, 2020.
H. The Members intend to work cooperatively with other GSAs in the Subbasin for purposes of developing a GSP and entering into a Coordination Agreement if necessary.
I. 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 and users of groundwater and interested persons 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.
J. The Members intend by this Agreement to provide for the management and funding commitments reasonably anticipated to be necessary for the above purposes.
K. 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.
L. The jurisdictional area of this Authority is intended to generally consist of all areas within the jurisdictional boundaries of the Members and will specifically be determined at the time a notice of intent to act as a GSA is filed with the Department of Water Resources. For the purposes of this Agreement only, the jurisdictional boundary of the County of Tulare will be defined to not include any areas that are within the jurisdictional boundaries of any other Member.
M. The Parties executed the original Agreement on December 6, 2016, and now wish to amend and restate said Agreement in its entirety.
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 “Eastern Tule 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 and, subject to the limitations of this agreement, carry out the provisions of SGMA within the jurisdictional area of the GSA; (b) To develop, adopt, and implement a legally sufficient GSP covering those portions of the Subbasin that are within the jurisdictional boundaries of the GSA, subject to the limitations set forth herein, 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, including but not limited to developing, adopting and implementing a GSP, subject to the right of Members to withdraw from the Authority and seek to become a GSA(s) as specified in Section 8.05. The Authority shall have the power to sue and be sued.
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 the Terra Bella Irrigation District. Notwithstanding anything to the contrary in this Agreement, the Authority shall not acquire or seek to acquire by eminent domain any property of a Member. Nothing in this Agreement shall modify or limit the police powers of Members, if any.
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.
Section 2.04. Water Right. The Authority shall not have the power to control, limit or empower a Member’s rights and authorities over its own surface water supplies, facilities, operations, water management, water supply projects and financial affairs (“Water Supply Matters”). 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 not modify rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution and that any groundwater management 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 Directors who shall be appointed as follows:
(1) One elected member of the governing body of each Member entity. (b) One representative from a landowner and groundwater user in a “white area” (hereinafter referred to as “White Area Representative”), appointed by the County of Tulare Board of Supervisors. A “white area” is defined as such area where the County of Tulare is the only public agency with jurisdiction as defined by SGMA. (c) 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.
Any such alternates shall be empowered to cast votes in the absence of the regular Directors or, in the event of a conflict of interest preventing the regular Director from voting, to vote because of such conflict of interest.
(d) Directors and alternate Directors may be removed or replaced as follows:
(1) Members may be removed or replaced at any time by their governing board; and (2) 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. Notwithstanding the foregoing, approval of certain types of matters shall require the approval of two-thirds of the Directors of the Board. The items requiring approval of twothirds of the Directors of the Board are: agenda items to approve or revise budgets, assessments, litigation, the hiring or termination of the chief executive officer, the adoption of bylaws, adoption of the GSP, the addition of new Members, the termination of Members, and amendments of this Agreement. Directors representing a Member who is delinquent in any past or present monetary contributions shall abstain from voting on all matters.
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. The Board shall appoint one Director or alternate Director to be a member of and the Chair of each committee. 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. Two standing committees shall be formed as soon as reasonably practical, but in no event later than one hundred and twenty (120) days of formation of the Authority. They are as follows:
(a) Stakeholder Committee. Committee members shall fall within categories of interested persons or representatives of interested entities as described in SGMA. Committee members shall be appointed by the Board from among applicants. (b) Executive Committee. Each Director shall be entitled to appoint one staff member of the Member agency to be a member of the Executive Committee.
ARTICLE V
OFFICERS AND EMPLOYEES
Section 5.01. Chair and Vice-Chair. Each year the Board shall elect a Chair and a ViceChair 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 shall sign all contracts and agreements as approved by the Board.
Section 5.02. Secretary. The Board shall appoint a Secretary from among the employees of the Authority, or if no such employees exist, a consultant. 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 shall sign agreements for the Authority when authorized by the Board.
Section 5.03. Treasurer and Auditor.
(a) The County Treasurer 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. The County Treasurer 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 the County Auditor.
(b) The County Auditor 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, the County Treasurer 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 to the Authority to accomplish the purposes of the Authority.
ARTICLE VI
ACCOUNTS AND REPORTS; FUNDS
Section 6.01. Accounts and Reports. The County Auditor 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. The County Auditor, 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. Members shall make contributions as set forth in the budgets 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 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 shall lose its privilege to vote on any item presented to the Board, until such assessment is paid.
ARTICLE VII
Implementation of SGMA
Section 7.01 – Development of GSP. Unless otherwise provided under this section 7.01, the Authority shall develop the GSP for all areas within the jurisdictional boundary of the Members, as defined herein. Notwithstanding the foregoing, consistent with the provisions of SGMA pertaining to Management Areas, any Member or group of Members may propose its or their own chapter or provisions governing SGMA implementation within their respective boundaries or a Management Area managed in whole or in part by such Member(s) for inclusion by the Authority into the Authority’s GSP. The Authority shall promptly review the proposed chapter or provisions for consistency with the Authority’s GSP and to determine that it meets the requirements of SGMA. If the Authority determines by a vote of 75% of the Directors that a Member’s proposed chapter or provisions is/are consistent with SGMA and the Authority’s GSP, it shall incorporate such chapter or provisions into the Authority’s GSP.
Section 7.02 – Implementation in Management Areas. Any Member (or group of Members) that has or have established a Management Area as part of the Authority’s GSP may request to be assigned the primary responsibility of implementing SGMA and the Authority’s GSP within its Management Area by giving written notice to the Authority, which notice may be given at any time. Upon receipt of such notice, the Authority and the requesting Member(s) shall develop a mutually acceptable agreement describing the respective roles and responsibilities of the Authority and the requesting General Member(s) with respect to such implementation.
ARTICLE VIII
MEMBERSHIP, TERM; WITHDRAWL; TERMINATION
Section 8.01. 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.
Section 8.02. 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 8.03. Withdrawal of Member. A Member may terminate its membership in the Authority at any time upon giving written notice of the withdrawal to the Authority which shall be effective one hundred eighty (180) days after such notice. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued prior to the effective date of such withdrawal.
Section 8.04. Disposition of Assets. Upon termination of the Authority, any assets shall be returned to the Members in the same proportion said Members have funded such reserves or surplus, in accordance with California Government Code Section 6512.
Section 8.05 Effect of Withdrawal On SGMA Status. Upon withdrawal or termination as a Member, whether occurring before or after June 30, 2017, it is contemplated the withdrawing or terminated Member would concurrently become (or designate) a GSA for the lands within its boundaries (or a Management Area managed in whole or in part by such Member), so that such lands of the withdrawing or terminated Member would continue to be subject to a GSA and if applicable a GSP and the powers of such withdrawing Member within its boundaries would not be limited by this Agreement. In the event that a Member provides notice of withdrawal either prior to or within 30 days after adoption of a GSP by the Authority, the Authority (i) shall not object to or interfere with the lands in the withdrawing or terminated Member’s boundaries (or a Management Area managed in whole or in part by such Member) being in a GSA, as designated by such withdrawing or terminated Member, (ii) shall facilitate such transition to the extent necessary, and (iii) the Authority shall withdraw from managing the Subbasin as a GSA for that portion of the Basin within the boundaries of the withdrawing or terminated Member and so notify the Department of Water Resources. The withdrawing or terminated Member will also be entitled to copies of all documents, information, and material developed by the Authority and paid for in whole or in part by the Member prior to the Member’s withdrawal or termination.
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.
In this regard, the Members do not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations of the Authority, except as may be specifically provided for in California Government Code Section 895.2 as amended or supplemented.
Provided, however, if any Member(s) of the Authority are, under such applicable law, held liable for the acts or omissions of the Authority caused by negligent or wrongful act or omission occurring in the performance of this Agreement, such parties shall be entitled to contribution from the other Members so that after said contributions each Member shall bear an equal share of such liability. This Section 9.02 does not apply to acts or omissions of a Member in implementing the GSP adopted by the Authority within such Member’s boundaries managed in whole or in part by such Member.
Section 9.03. Insurance. The Authority shall obtain insurance for all Members, appointed 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. Counterparts. This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one instrument.
IN WITNESS WHEREOF, the Members hereto execute this Agreement on the date first written above.
COUNTY OF TULARE
By:
CITY OF PORTERVILLE
By:
PORTERVILLE IRRIGATION DISTRICT
By: ___________________________________
SAUCELITO IRRIGATION DISTRICT
By:
TERRA BELLA IRRIGATION DISTRICT
By:
Item No. 16.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: 2024 Housing Element Annual Progress Report
SOURCE: Community Development
COMMENT: Pursuant to Government Code Section 65400(a)(2), each governing body is required to prepare an annual report on the status and progress of implementing the jurisdiction’s Housing Element (HE) of the General Plan. The Housing Element Annual Progress Report (APR) is submitted using forms and definitions adopted by the California Department of Housing and Community Development (HCD). The APRs are due annually by April 1st and they cover the preceding calendar year. The 2023-2031 General Plan 6th Cycle Housing Element is currently pending HCD approval. Therefore, the attached report evaluates the progress made towards the implementation of the adopted 2015-2023 5th Cycle Housing Element programs and housing production during the period between January 1, 2024, and December 31, 2024.
Although the 2023-2031 HE has not been adopted yet, the City is still required to report on its progress on the last HE. Since the Regional Housing Needs Assessment (RHNA) and accomplishment goals are preliminary due to the status of the approval, they may change for next year, and for now the City is reporting progress towards the adopted plan. The public comment period for the resubmittal ended on March 11, 2025, and no additional comments were received. Subsequently, the draft document will be submitted to HCD for review. The Year 2 report will reflect the progress on these goals once the new HE is adopted by the City Council and approved by HCD.
In 2015, the City Council adopted and HCD certified the City of Porterville’s 2015-2023 General Plan Housing Element. The Housing Element is one of the many chapters of the City’s General Plan. The General Plan is a state-mandated comprehensive, long-term planning document that addresses a multitude of land-use-related issues designed to provide policy guidance. The Housing Element addresses present and future housing opportunities for Porterville residents. The Housing Element is the only General Plan Element that requires review and certification by HCD. Additionally, California Item No. 16.
state law requires local jurisdictions to update the Housing Element every eight (8) years and file an annual Housing Element progress report to HCD and the Governor’s Office of Planning & Research (OPR) by April 1st of each year.
The Annual Report Identifies Porterville’s Regional Housing Needs Assessment (RHNA) allocation and self-stated housing production goals (referred to as the “Quantified Objective”). The completed Housing Element Annual Progress Report describes the following:
• Progress made towards meeting these goals, quantified by the total number of building permits issued for new housing units during the reporting year, and the total number of housing units entitled and completed; and
• Status of other action items outlined in the Housing Element’s Implementation Program
The City of Porterville has made progress towards achieving the number of housing units designated by the RHNA and has
implemented the programs outlined in the 5th Cycle Housing Element period, leading to an increase in housing unit approvals and production.
The RHNA unit number assigned to the pending 2023-2031 6th Cycle Housing Element is 4,064 housing units. During 2024, the first reporting year of the 6th Cycle, the City received housing development applications for 542 proposed units and realized 174 new housing units.
For the period of January 1, 2024, and December 31, 2024, the City deemed complete and approved planning entitlement applications for 381 new units, including Single-Family Residential (SFR), Accessory Dwelling Units (ADU), SB9 Units and Multi-Family Residential (MFR), of which 115 are Low-Income units. The City is also currently processing entitlement applications for one (1) Multi-Family Residential affordable project consisting of 133 units. The proposed breakdown of affordability levels includes 20 Extremely-Low Income, 26 Very-Low Income, 33 Low-Income, 53 Moderate Income, and 1 Manager’s Unit as Market Rate. In addition, four (4) single-family residential development project applications proposing a total of 283 new housing units are similarly pending entitlements.
Following the City Council’s receipt of the Housing Element Progress Report, the Report will be sent to HCD and OPR for their review/filing.
BACKGROUND:
Item No. 16.
ANALYSIS:
ENVIRONMENTAL
REVIEW:
RECOMMENDATION: That the City Council review the 2024 Housing Element Annual Progress Report and direct the Planning Division to submit the report to the California Department of Housing and Community Development and the Governor’s Office of
Planning and Research.
ATTACHMENTS: 1. Draft Housing Element Annual Progress Report 2024 Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
Jurisdiction Porterville
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Rehabilitation
Program
Assist approximately 5 low-income
households with current funding
through 2024, with an objective of
assisting 1-2 households annually if
additional funding becomes available
2020-2024
While the City had established a goal of assisting two (2) households for 2024 PY, one (1) household was assisted, one (1) is in the rehabilitation application process and three (3) applications were received that did not meet the Program guidelines.
Home Buyer Assistance
Assist 5 households to purchase first
home, with an objective of assisting 1
household annually if additional funding
becomes available.
Yearly
The City had a goal of one (1) household for the 2024 PY and assisted three (3) households, seven (7) are in progress, and six (6) applications were received that did not meet the Program guidelines. The City assisted three (3) households, which represents an investment of $309,304.72 In Federal CDBG, and State HOME and CalHome grant funds.
Home Buyer Education
Classes 4 classes held per year. Yearly The City held 8 classes, in partnership with CSET, and 45 individuals participated in virtual instruction.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Local, State, and Federal
Funding
3 programs developed during the 5th
Cycle 2015-2023
In 2023, the City in collaboration and partnership with the Tulare County Association of Governments (TCAG), California Department of Transportation (CalTrans) and Community Services Employment Training (CSET) began the Litter Abatement Pilot Project, a beautification project taking place along Highways 190 and 65. The program was approved for three (3) years to increase cleanup efforts to improve the scenic and unique ecological characteristics of the city. The following funding amounts were allocated for the program annually:
$50,000 from the City from local Measure I funds, $42,000 from TCAG and $80,000 from CalTrans and CSET operates the project. Employment referrals for this Project are received from agencies such as Turning Point of Central California and Central California Family Crisis Center who provide individuals experiencing homelessness with case management support and assistance with finding permanent housing. The income earning opportunity increases the ability to obtain and retain permanent housing for individuals experiencing homelessness and in turn the beautification project also provides participants an opportunity to learn new life skills while giving back to and improving the community. This is the 3rd and final year of the program, unless new fundingis allocated by all three agencies.
Expedited Entitlement
Process for Special
Populations Housing
3 projects developed in the 5th Cycle. 2015-2023
The City is working with Self-Help Enterprises for the entitlement process of an affordable housing project seeking vesting rights pursuant to SB 330, the Housing Crisis Act of 2019. The multi-family housing development project consists of 13 residential buildings with a 4,500 square foot community building for a total of 133 total units of affordable multi-family housing. The proposed breakdown of affordability levels for the units include 20 Extremely-Low Income, 26 Very-Low Income, 33 Low Income, 53 Moderate Income and 1 Manager's Unit as Market Rate.
Remove Constraints and
Provide Reasonable
Accommodations for
Housing Designed for
Persons with Disabilities
1 outreach effort to disabled community
per year to encourage renovations.
Establish new comment period for
development projects to educate and
encourage developers regarding
adapted housing.
Yearly
In 2024, the City did not authorize any rehabilitation monies to rehabilitate homes to have accessibility ramps. There were at least 10 inquiries about the program; however, due to the Program guidelines, they did not meet the requirements, such as home on a permanent foundation, applicant was not the owner of the home, or the home was not within City limits of Porterville.
Case Management
Provide case management for
Permanent Supportive Housing in order
to provide life skills to individuals who
have experienced chronic homelessness
and have a verifiable disability, mental
health issue, substance abuse, or
HIV/AIDS. Funds are awarded as they are
available and vary by year.
Yearly
The City allocates CDBG funds for case manager salaries for the Permanent Supportive Housing (PSH) Program administered by Family Services of Tulare County (FSTC), which provides the following services: referrals to counseling and dentist, life skills training, transportation, home visits/case management and delivery of food and hygiene products. Five (5) individuals received new or continued access to these services. The annual goal of two persons assisted has been consistently met.
A second PSH program (11 units) is supported with (Permanent Local Housing Allocation) PLHA funds received by the City of Porterville. First year, PSH recipients received $34,275.40; the second year, they received $53,274.50; and the 3rd year, they received $37,894. Additional CDBG funding of $15,500 is allocated to be used by FSTC.
Fair Housing
Fair Housing Education aims to promote
equal and fair access to housing
opportunities for all individuals
regardless of their race, ethnicity,
national origin, religion, gender, age,
familial status, or disability.The
objective of Fair Housing Education is to
raise awareness about these laws and
regulations and to provide information
and resources to help individuals and
housing providers understand and
comply with them. This includes
educating people on their rights and
responsibilities under the law, as well as
providing training to housing providers
on how to avoid discrimination and
promote fair housing practices.
Yearly
The City of Porterville allocates $20,000 of CDBG funding for Fair Housing Education and contacts with Community Services Employment Training (CSET) to provide culturally appropriate outreach and fair housing education opportunities for families and individuals within the City of Porterville and provide landlords and property managers with education in fair housing law and practice to reduce the incidence of housing discrimination.
CSET staff conducted 8 presentations to groups (including partner agencies) and provided services to 44 individual community members.
Infrastructure
Improvements Pursue 4 grants in the 5th cycle. Yearly
The Consolidated Plan for 2020 implemented a formal program to authorize funds for infrastructure improvements. The Plans and Project Manual for the Henrahan St. Construction Project have been prepared. This project includes the removal and replacement of existing asphalt, curb, gutter, sidewalk, storm drain pipe, replacement of the existing water main, a new fire hydrant, and other appurtenances to complete the project. This work was originally included with the Grand Avenue Reconstruction Project but had to be separated to meet the guidelines and timing for the design funding. The City is currently in the bidding process.
The bond for $13 million for infrastructure improvement in under developed areas of the City for sewer projects has been completed. The project included the Sewer Annexation Area 457, 474, 475, 478 479 and 476.
The Villa Street Reconstruction Project from Olive Street to Henderson Avenue.
The project included installation of new underground utilities, replacement of concrete improvements including curb ramps and new paving from Olive Street to Henderson Avenue. The project anticipated to be completed by Summer of 2025.
The Akin (southeast quadrant) & Central Mutual Water System (southwest) Improvements Project were completed.
Infrastructure for new development projects include Brookside Subdivision Phase 1 (northwest quadrant) has been completed. Anticipated infrastructure development for new subdivisions include Laurelwood (northwest quadrant), Villas at Sierra Meadows 4 & 5 (southeast quadrant) and Aria (northwest quadrant) are all anticipated to commence in summer of 2025.
Infrastructure
Improvements Pursue 4 grants in the 5th cycle. Yearly
The Main Street Reconstruction Project, Phase I was completed in 2024. Phase 2A (Putnam Avenue to Garden Avenue) is currently under construction and anticipated to be completed by summer of 2025.
The Tule River Parkway Phase III, which extends the existing trail from Main Street east to Plano Street with a connection to Fallen Heroes Park, is under construction and includes a paved trail, solar lighting and landscaping, set to finish by summer of 2025.
The Butterfield Stage Corridor trails project is currently under construction with an anticipated completion of 6/30/2026.
Energy Conservation Provide two referrals per year. Yearly As rehabilitation loans are approved and expended, the City also authorizes new roofs, windows and HVAC systems. Additionally, 10 households have been referred to the Weatherization program administered by a local-nonprofit to assist them in weatherization of their homes. Additionally, as the City partners with CSET for the FTHB Education class, those attending the course are informed of CSET’s programs which include a weatherization program.
LINC Services
To connect persons experiencing
homelessness with critical services,
such as housing assistance, legal
services, social services and access to
mainstream benefits, and provide
consumables and supplies. Funds are
awarded as they are available, and
amount varies by year.
Yearly
LINC serves as a mini-resource fair and is held twice a month at the Porterville Navigation Center (PNC). The LINC Committee will support the PNC and KTHA to facilitate connections to the services needing to be made available, volunteer at events, fundraise and provide ongoing planning and coordination of services that LINC may be missing. The intention of LINC is to connect persons experiencing homelessness with critical services, such as housing assistance, legal services, social services and access to mainstream benefits, and provide consumables and supplies. In 2024, the program served 970 individuals.
Navigation Center
To serve adults experiencing
homelessness and link them to
community resources. Funds are
awarded as they are available and
amount varies by year.
Yearly
The City partnered with Kings View to provide services for a Navigation Center in Porterville by leasing a City owned property for its operations. The Porterville Navigation Center (PNC) consists of 15 emergency shelter beds and 15 bridge housing beds that serve adults experiencing homelessness along with their partner and pets. Program guests are provided space for storage of their possessions, allowed, one dog on site, and offered services that are voluntary and include case management, housing locations, meals, life skills training, laundry, and linkages to community resources. Bridge housing beds are referred exclusively by the Coordinated Entry System. Emergency shelter beds can be self-referred by someone experiencing homelessness, through CES, or by another service provider. In 2024, the program served 2,274 unduplicated unsheltered in the community of Porterville. The Center is supported with (Permanent Local Housing Allocation) PLHA funds received by the City of Porterville. First year, recipients received $154,239.30; 2nd year, they received $277,733.45; and the 3rd year, they received $308,469.00. Additional CDBG funding of $60,000 is being allocated for use by the Kings View. They also work through programs such as CalAIMS to make sure the project sustainable by participating in medical reimbursements for eligible spending.
Emergency Shelter
Operating Expenses
To provide Emergency Shelter for
individuals and families in crisis. Funds
are awarded as they are available and
amount varies by year.
Yearly
The Central California Family Crisis Center (CCFCC) is an Emergency Shelter that is supported with (Permanent Local Housing Allocation) PLHA funds received by the City of Porterville. First year, recipients received $137,101.60; 2nd year, they received: $175,099.80; and the 3rd year, they received $64,552.50.
Additional CDBG funding of $4,000 is being allocated for use by the CCFCC.
Item No. 17.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: City Council Member Requested Agenda Item - Consideration of Resolution Declaring Women's Rights in Porterville and Resolve to the Protection of Rights For All Constituents
SOURCE: City Manager's Office
COMMENT: Vice Mayor McKervey has requested that the City Council consider adding an item to the next regular City Council agenda to consider a Resolution Declaring Women's Rights in Porterville and Resolve to the Protection of Rights for All Constituents.
RECOMMENDATION: That the City Council approve Vice Mayor McKervey's request to add an item to the next regular City Council meeting's agenda to consider a Resolution Declaring
Women's Rights in Porterville and Resolve to the Protection of Rights for All Constituents.
ATTACHMENTS: 1. Draft Resolution Declaring Women's Rights in Porterville and Resolve to the Protection of Rights for All Constituents
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE DECLARING WOMEN’S RIGHTS IN PORTERVILLE AND RESOLVE TO THE PROTECTION OF THOSE
RIGHTS FOR ALL CONSTITUENTS
WOMEN’S RIGHTS RESOLUTION
WHEREAS, the City of Porterville is unwavering in its commitment to protecting the rights, safety, dignity, and privacy of all women and girls; and WHEREAS, women have fought courageously throughout history to secure their legal, political, and social rights, and those hard-won freedoms must not be eroded; and WHEREAS, the City of Porterville affirms that women’s safety and privacy are fundamental rights, particularly in spaces designated for their exclusive use, including restrooms, locker rooms, dressing areas, and shelters; and
WHEREAS, the City of Porterville recognizes the inherent biological differences between men and women, acknowledging that fairness in athletics, education, and public accommodations must be preserved to ensure women are not placed at a competitive disadvantage or at risk of harm; and
WHEREAS, Title IX of the Education Amendments of 1972 was enacted to ensure that women have equal opportunities in education and athletics and was founded on the principle of protecting sex-based distinctions that safeguard female participation in competitive sports; and WHEREAS, the City of Porterville stands against policies that allow biological males to infringe upon the rights, privacy, and safety of women and girls by gaining access to their protected spaces or athletic competitions under the guise of gender identity; and WHEREAS, the right to women-only spaces is essential for ensuring the well-being of women and girls, particularly those who are survivors of domestic violence, sexual assault, or other vulnerable circumstances; and
WHEREAS, the U.S. Constitution and longstanding legal precedent affirm women’s rights, as upheld in cases such as Minor v. Happersett (1874), Frontiero v. Richardson (1973), and Craig v. Boren (1976), reinforcing the legal necessity of sex-based protections; and WHEREAS, the City of Porterville remains committed to upholding the unique contributions of women in society, including their irreplaceable role as mothers, caregivers, and leaders in our community;
NOW, THEREFORE, IT IS HEREBY RESOLVED
The Right to Safety and Privacy
Women and girls shall have the right to exclusive, sex-based spaces in restrooms, locker rooms, shelters, and other areas where privacy is essential to their well-being and protection.
The Right to Fair and Equal Athletic Opportunities
Women and girls shall have the right to compete in female-only sports without unfair competition from biological males, ensuring fairness in accordance with the original intent of Title IX.
The Right to be Free from Discrimination and Harm
Women shall not be forced to accept policies that compromise their safety, dignity, or privacy in order to appease political or ideological agendas.
The Right to Participation and Representation
Women have the right to fully participate in political, social, and economic life, free from coercion, intimidation, or discrimination.
The Right to Motherhood and Family Protections
Women shall have the right to maternity protections, workplace accommodations, and policies that uphold the sanctity of motherhood without being displaced by gender ideology.
The Right to Economic Freedom and Opportunity
Women shall have the right to equal access to employment, business opportunities, and financial independence, without unfair mandates that force them into ideological conformity.
With unwavering resolve, the City of Porterville boldly stands in defense of women’s rights, privacy, and fairness, ensuring that truth, science, and common sense prevail in policies affecting women and girls. We reaffirm our commitment to protecting the rights of women today, tomorrow, and for future generations.
Item No. 18.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: City Council Member Requested Agenda Item - Consideration of Resolution Declaring Porterville a Constitutional City and Establishing the Rights of Its Constituents as the Highest Priority in Governance SOURCE: City Manager's Office
COMMENT: Vice Mayor McKervey has requested that the City Council consider adding an item to the next regular City Council agenda to consider a Resolution Declaring Porterville a Constitutional City and Establishing the Rights of its Constituents as the Highest Priority in Governance.
RECOMMENDATION: That the City Council approve Vice Mayor McKervey's request to add an item to the next regular City Council meeting's agenda to consider a Resolution Declaring
Porterville a Constitutional City and Establishing the Rights of its Constituents as the Highest Priority in Governance.
ATTACHMENTS: 1. Draft Resolution Declaring Porterville a Constitutional City and Establishing the Rights of Its Constituents as the Highest Priority in Governance
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE DECLARING
PORTERVILLE A CONSTITUTIONAL CITY AND ESTABLISHING THE RIGHTS OF ITS
CONSTITUENTS AS THE HIGHEST PRIORITY IN GOVERNANCE
WHEREAS, the City of Porterville recognizes that the Constitution of the United States is the supreme law of the land, binding upon all levels of government, and that all public servants— whether elected or appointed—are sworn to uphold and defend its principles; and WHEREAS, the foundational doctrine of American governance, as articulated in the Declaration of Independence, affirms that governments are instituted among men to secure their inherent, God-given rights, deriving their just powers from the consent of the governed; and WHEREAS, Article VI, Section 2 of the United States Constitution, known as the Supremacy Clause, states:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” This clause affirms that only laws made in pursuance of the Constitution hold legitimate authority, meaning any act, mandate, or regulation that contradicts constitutional protections is null and void; and
WHEREAS, the landmark Supreme Court case Marbury v. Madison (1803) established the principle that “an act of the legislature repugnant to the Constitution is void,” affirming that any law or directive violating constitutional principles lacks legitimate authority and must not be enforced; and
WHEREAS, the Tenth Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the States and the People, affirming the principle of local selfgovernance and limiting external overreach; and WHEREAS, Article I, Section 1 of the California Constitution states that all people are by nature free and independent and have inalienable rights, including the right to life, liberty, property, and the pursuit of happiness, which the City of Porterville is committed to safeguarding; and WHEREAS, the City Council acknowledges that the highest duty of any government is to protect the freedoms, rights, and property of its constituents against unlawful encroachments, including overreach from state or federal authorities when such actions violate constitutional principles; and
WHEREAS, historical precedent, as set forth in Federalist Papers Nos. 10, 45, and 51, establishes that the most effective governance is that which is closest to the people, where local representatives are most accountable to the public and where government action remains constrained within the bounds of individual liberty; and WHEREAS, the City of Porterville recognizes that regulations, mandates, or policies imposed by higher governmental bodies that violate constitutional principles are unenforceable under the doctrine of constitutional supremacy, and it is the duty of all government officials to reject such mandates in service of their oath to defend the Constitution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:
1. Declaration of Constitutional City Status
• The City of Porterville hereby declares itself a Constitutional City, committed to upholding and defending the rights and liberties of its residents as enshrined in the U.S.
Constitution and the California Constitution.
2. Rights of Constituents as the Supreme Priority
• No city ordinance, regulation, or policy shall be enacted, enforced, or recognized if it conflicts with the constitutional rights of the people. • All governmental actions within the jurisdiction of Porterville shall be reviewed under a strict constitutional litmus test, ensuring they do not infringe upon individual liberties, property rights, or due process.
3. Limitation on State and Federal Overreach
• The City of Porterville will not recognize, enforce, or allocate city resources to implement any state or federal mandate, law, or regulation that violates constitutional protections.
• Any directive from external authorities that imposes unlawful restrictions upon the rights of the people, private businesses, or local governance shall be formally challenged and, if necessary, nullified within the city’s jurisdiction.
4. Duty of City Officials and Staff
• All city officials, employees, and law enforcement officers shall uphold their oath to support and defend the Constitution against all violations, foreign and domestic, ensuring that their actions reflect the primacy of individual rights. • City staff shall conduct regular constitutional impact assessments on ordinances, regulations, and policies, ensuring that government actions remain within the bounds of limited, lawful authority.
5. Protection of Property, Commerce, and Self-Governance • The City of Porterville recognizes private property rights, economic freedom, and local self-governance as fundamental pillars of a free society. • No regulation shall be imposed that unduly burdens small businesses, restricts the right to commerce, or inhibits economic prosperity within Porterville.
6. Public Transparency and Accountability
• A Public Review Board shall be established to assess and challenge any existing or proposed policies that could infringe upon constitutional freedoms. • City meetings shall prioritize public participation, ensuring the voice of the people remains the guiding force behind governance decisions.
7. Enforcement and Implementation
• City departments shall receive formal guidance on the principles outlined in this resolution to ensure clear understanding and consistent application. • Any challenge to this resolution by state or federal authorities shall be met with legal opposition, using all available judicial and legislative remedies.
BE IT FURTHER RESOLVED, that this resolution shall take immediate effect upon passage and shall serve as the guiding doctrine for all legislative, administrative, and enforcement actions taken within the City of Porterville.
PASSED AND ADOPTED by the City Council of the City of Porterville on this ____ day of _______, 2025, by the following vote:
AYES: ________________
NOES: ________________
ABSENT: ________________
ABSTAIN: ________________
SIGNED:
[Mayor’s Name]
Mayor, City of Porterville
ATTEST:
[City Clerk’s Name]
City Clerk, City of Porterville
Item No. 19.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former 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 March 04, 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. 19.
(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. 19.
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. 19.
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. 19.
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. 19.
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.
Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.
2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph
3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.
4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.
5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.
6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.
The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.
8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.
9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.
10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________
GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.
2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:
To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.
3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:
The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:
In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.
6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:
For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.
7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:
To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:
The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.
9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:
The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.
The Water Board shall post on its internet website all reports received pursuant to this subparagraph.
10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.
11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.
2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.
3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.
4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.
Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.
5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.
Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.
As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.
Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.
Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.
As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.
Sincerely,
Andrew Lockman
Office of Emergency Services Manager
Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS
LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:
Subtotal:
Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.
If you have any questions please call 800-457-3728
or e-mail [email protected].
Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person
JESSE PINTOR
REMIT PAYMENTS TO:
RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354
CITY OF PORTERVILLE
PAYMENT
DUE
PO or JOB#
1854595 4/29/2023
PLEASE PAY
ADDRESS
ADDRESS
NAME
CUSTOMER #
CUSTOMER
CONTRACT # 1169502
CITY OF PORTERVILLE
NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67
PHONE PHONE
Notes:
Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU
DAYS PRICE AMOUNT TAXABLE
BILLED
1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06
1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:
TOTAL SALES:
TOTAL SERVICES:
SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.
PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.
SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1
AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:
Email:
Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):
Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.
Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.
This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:
1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.
2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.
3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.
4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.
5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.
6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).
7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.
8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.
9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.
10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.
11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.
12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.
13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.
14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.
IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:
By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager
State of California
GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.)
Item No. 20.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Council Discussion and Review of Sewer Rates on Non-Residential Institutional Customer Class Churches
SOURCE: Public Works
COMMENT: On February 4, 2025, the City Council directed staff to examine the effects of the adopted sewer rates on Commercial Institutional accounts, specifically the classification of churches. The sewer rate adjustments, implemented on January 1, 2024, were based on the findings of the 2022 Sewer Rate Study conducted by Carollo Engineers. These increases were necessary to sustain wastewater operations, cover capital costs, and meet regulatory compliance.
According to the 2022 Wastewater Rate Study, churches were classified under the Non-Residential Customer Class, resulting in a sewer rate increase from $0.42 per HCF to $2.90 per HCF in 2023/24, with additional annual increases planned through 2027/28. This represents a 973.8% increase throughout the rate-setting period.
Sewer charges are based on total water consumption, under the assumption that all water used on a property returns to the sewer system. However, churches often have large landscaped areas requiring irrigation, leading to inflated sewer bills unless a separate irrigation meter is in place. This report provides an analysis of the financial impact of sewer rate increases on churches within Porterville. It explains the primary factors contributing to higher sewer bills for churches and presents a recommended solution to mitigate these costs through the installation of separate irrigation meters. Additionally, a financial assistance option is proposed to ease the burden of implementing this solution.
A review of 45 church accounts in the city revealed that 11 churches have dedicated landscape meters, and 17 church accounts had little to no landscape associated. Therefore, 17 churches would be recommended for initial outreach, with only 12 churches exceeding the average monthly consumption of 20 units.
Churches without these meters are billed for sewer services based on their total water usage, including irrigation. This results in disproportionately high sewer charges. For example, a church consuming 66 monthly water units (17 for potable use and 49 for irrigation) is billed for all 66 units under the current structure without an irrigation meter. This results in a sewer charge of $252.78. If a separate irrigation meter were installed, only the 17 potable units would be factored into the sewer billing, reducing the monthly charge to $65.11.
The Proposition 218 Notice and Sewer Rate Public Hearing confirmed that the newly adopted sewer rates apply uniformly to all Non-Residential Customer Class properties. Therefore, it is critical for churches to establish irrigation meters to ensure an accurate account of consumption. It is recommended that churches install separate irrigation meters.
Item No. 20.
This approach aligns with:
• Municipal Code 25-32A.9 (Ordinance No. 1830), which mandates separate landscape meters for non-residential irrigated landscapes between 1,000 and 5,000 square feet, per California Water Code 535.
• Municipal Code 25-32A.21 (Ordinance No. 1830), which prohibits inefficient irrigation and water waste.
• State Water Resources Control Board Resolution No. 2024-0019, which promotes water efficiency measures, including climate-appropriate landscaping and reduced irrigation waste.
• Proposition 218 Guidelines, ensuring cost-based justifications for rate structures.
The estimated cost of installing a 1.5-inch landscape meter with a backflow preventer is approximately $1,680 (current rates). This includes connection fees, materials, and city-force labor. Given the potential cost savings, the typical payback period for installation would be approximately 12 months.
A review of impacted churches indicates that many facilities could save between $200 and $500 per month on sewer costs, depending on their irrigation usage.
Some more significant properties could see annual savings exceeding $5,000, demonstrating the financial feasibility of implementing landscape meters.
Recognizing the financial impact on churches, staff proposes a financing option should the customer choose to spread the meter installation cost over three years by agreement. This aligns with Municipal Code 25-32.1 (Ordinance No. 901), which allows the City Council to establish provisions for installment payments on water connection fees over a period of up to three years with any provisions set by Council through Resolution.
Next Steps for Council consideration:
1. Staff Outreach: Notify affected churches and provide guidance on the installation process.
2. Financial Assistance Implementation: Establish procedures for deferred payment options in accordance with the intent of Municipal Code 25-32.1 (Ordinance No. 901).
3. Policy Review: Ensure compliance with state regulations and water conservation goals.
Implementing a separate irrigation meter offers a viable solution to mitigate high sewer costs for churches while promoting water conservation. This approach aligns with regulatory requirements and enhances financial sustainability for affected institutions. Staff recommends moving forward with outreach and assistance programs to facilitate this transition.
RECOMMENDATION: That the City Council:
1. Consider and discuss the evaluation of Sewer Rates on the Institutional customer class churches;
2. Direct staff to perform outreach to notify affected churches and provide guidance on the meter installation process;
3. Direct staff to make financial assistance available to the impacted customer class and implement procedures for
Item No. 20.
deferred payment options in accordance with the intent of Municipal Code 25-32.1 (Ordinance No. 901); and
4. Direct staff to review policy, ensuring compliance with state regulations and water conservation goals.
ATTACHMENTS: 1. Porterville 2022 Wastewater Rate Study
2. Resolution 68-2023
3. Ordinance1830 Water Conservation
4. Ordinance No. 901 Sewer and Water Line
Connections
5. State Water Resources Control Board Resolution No.
2024-0019
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
City of Porterville
Sewer Utility Rate Study
FINAL | December 2022
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FINAL | DECEMBER 2022 | i
Contents
1.0 Introduction 1
1.1 City of Porterville Service Area Overview 1
1.2 Study Background 1
1.2.1 Purpose and Key Drivers 1
1.3 Rate Development Process Overview 2
1.3.1 Step-By-Step Rate Development Approach 2
2.0 Revenue Requirements Analysis 4
2.1 Revenue Requirements Prior to Rate Increases 4
2.1.1 Expenditures 4
2.1.2 Revenues 5
2.2 Cash Flow Test 6
2.3 Debt Service Coverage Test 6
2.3.1 Capital Planning and Reserves 6
2.4 Revenue Requirements with Recommended Rate Increase 8
3.0 Cost of Service 9
3.1 Functional Cost Allocation 9
3.2 Customer Class Allocation 10
4.0 Rate Design Analysis 13
4.1 Alternative 1: Existing Sewer Rate Structure 13
4.1.1 Residential Sewer Rates 13
4.1.2 Non-Residential Sewer Rates 13
4.2 Alternative 2: Cost of Service-Based Sewer Rates 14
4.3 Alternative 3: Residential Consolidation-Based Sewer Rates 15
5.0 Customer Bill Impacts 17
5.1 Single Family Residential 17
5.2 Multi- Family Residential and Trailer Parks 19
5.3 Commercial 21
6.0 Findings and Recommendations 22
6.1 Revenue Requirements 22
6.2 Alternative 2 – Cost of Service Based Sewer Rates 22 SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Appendices
Appendix A Revenue Requirements, Cost of Service Analysis, & Rate Design Schedules Tables
Table 1 Operating Expenditure Forecast ($ thousands) 4
Table 2 Non-Operating Expenditure Forecast ($ thousands) 5 Table 3 Capital Expenditure Forecast ($ thousands) 5
Table 4 Revenue Forecast Prior to Rates and Fees Increase ($ thousands) 5 Table 5 Cash Flow Test Prior to Rates and Fees Increase ($ thousands) 6 Table 6 Debt Coverage Test Prior to Rates and Fees Increase ($ thousands) 6 Table 7 Sewer Operating Fund Revenue Forecast Prior to Rates and Fees Increase ($ thousands) 7 Table 8 WWTFR Revenue Forecast Prior to Rates and Fees Increase ($ thousands) 7 Table 9 SRF Revenue Forecast Prior to Rates and Fees Increase ($ thousands) 7 Table 10 Reserves Target Test ($ thousands) 8
Table 11 Cash Flow with Recommended Revenue ($ thousands) 8 Table 12 Cost Allocation Percentage Bases 9
Table 13 Cost Allocation Results ($ thousands) 10
Table 14 Functional Cost Allocations throughout the Rate-Setting Period ($ thousands) 10 Table 15 Accounts, Flow, BOD, and TSS by Class 11
Table 16 Total Cost Allocation by Class for FY 2024 Test Year 12 Table 17 Alternative 1 – Existing and Proposed Residential Sewer Rates 13 Table 18 Alternative 1 – Existing and Proposed Non-Residential Sewer Rates 14 Table 19 Alternative 2 – Existing and Proposed Residential Sewer Rates 14 Table 20 Alternative 2 – Existing and Proposed Non-Residential Sewer Rates – per HCF 15 Table 21 Alternative 3 – Existing and Proposed Residential Sewer Rates 15 Table 22 Alternative 3 – Existing and Proposed Non-Residential Sewer Rates 16 SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Figures
Figure 1 Overview of Rate-Setting Process 2
Figure 2 Alternative 1 Single Family Residential Monthly Bill 17 Figure 3 Alternative 2 Single Family Residential Monthly Bill 17 Figure 4 Alternative 3 Single Family Residential Monthly Bill 18 Figure 5 Single Family Residential Monthly Bill Comparison 18 Figure 6 Alternative 1 Multifamily and Trailer Park Monthly Bill 19 Figure 7 Alternative 2 Multifamily and Trailer Park Monthly Bill 19 Figure 8 Alternative 3 Multifamily and Trailer Park Monthly Bill 20 Figure 9 Multifamily and Trailer Park Monthly Bill Comparison 20 Figure 10 Commercial Restaurant Monthly Sewer Bill (Assumes 15 HCF) 21 SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Abbreviations
BOD biological oxygen demand
Carollo Carollo Engineers, Inc.
CIP Capital Improvement Program
City City of Porterville
FYE fiscal year ending
HCF hundred cubic feet
lbs/day pounds per day
MG million gallons
mg/L milligrams per liter
mgd million gallons per day
O&M Operations and Maintenance
RCNLD Replacement Cost New Less Depreciation
SRF Sewer Revolving Fund
Study 2022 Sewer Utility Rate Study
TSS Total Suspended Solids
WEF Water Environment Federation
WWTF Wastewater Treatment Facility
WWTFR Wastewater Treatment Facility Capital Fund
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1.0 Introduction
1.1 City of Porterville Service Area Overview
The City of Porterville (City) provides wastewater services for all residential, commercial, and industrial discharges within the city. East Porterville’s sanitary sewer service is managed by the Porter Vista Public Utilities District but treated at the City’s wastewater treatment facility (WWTF). The City owns and maintains approximately 2,278 manholes, 24 lift stations, 9,980 feet of force mains, and over 48 miles of gravity sewer pipes to receive, treat, and dispose of approximately 4.69 million gallons per day (mgd) of wastewater. The WWTF has significantly expanded its capacity over time with an original capacity of
1.8 mgd in 1954 to its current capacity, since 1994, of 8.0 mgd. However, a discharge order restricts the monthly average daily discharge to 5.3 mgd. Treated effluent is pumped through a 4.5-mile pipeline to the southwest area of town where it is applied to effluent irrigation areas or percolated into the ground via percolation basins during winter months.
1.2 Study Background
1.2.1 Purpose and Key Drivers
The City retained Carollo Engineers, Inc., (Carollo), an independent rate consultant, to conduct a Sewer Utility Rate Study (Study) for the City’s sewer rates for residential, commercial, industrial, and septic waste haulers. This Study is driven largely by the need for an updated analysis with sewer rates based on currently relevant assumptions, allocations, revenues, expenses, and capital improvements. The City’s last sewer utility rate study was conducted in 2003 with the intent of establishing and implementing rates that would sufficiently recover annual wastewater operations for the first time, as the City was drawing down its operating and capital fund reserves and introduced a new structure that provided improved rate equity among customer classes. The analysis resulted in recommending significant rate increases, phased in over a three-year period, including a 30-year debt financing plan which the City is currently repaying.
Significant upcoming capital costs are also driving the reason for this Study. The sewer infrastructure and WWTF capital improvement programs (CIP) will incur much of its costs earlier in the study period (FY 2024 and FY 2025), while the lift station upgrade and digester improvements are notable exceptions that will remain annual expenses throughout the study period (FY 2031). For purposes of this Study, the City has identified capital projects totaling nearly $123 million over the duration of the study period (FY 2021 to FY 2031), which will be recovered through a combination of proceeds from previous debt issuances, developer fees, and rates/cash reserves. While the City is not planning to finance these projects with additional debt issuances, it does have existing debt obligations that will continue to be paid through FY 2049. Lastly, the City was aware of local septic haulers becoming a larger portion of their flows and strengths due to the City’s significantly lower rate charged per thousand gallons when compared to that of neighboring utilities.
Therefore, the City sought to appropriately increase their septic rates to those more in alignment and commensurate with the actual costs the City incurs to treat their flows and strengths.
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1.3 Rate Development Process Overview
1.3.1 Step-By-Step Rate Development Approach
Carollo used an industry standard step-by-step
approach when reviewing the City’s sewer rates.
This approach is consistent with industry standards
established within the Water Environment
Federation’s (WEF) Manual of Practice No. 27
Financing and Charges for Wastewater Systems.
This step-by-step approach is summarized and
outlined in Figure 1.
1.3.1.1 Revenue Requirements Overview
The revenue requirements analysis tests the
utility’s fiscal health. It compares the City’s
forecasted revenues to its forecasted operations
and maintenance (O&M) expenses, capital
improvement costs, debt service, and reserve
policies to determine the adequacy of the existing
rates to recover costs. If the City falls short of any
of these benchmarks, then rate revenue likely
needs adjustments.
Cash Flow Test
Carollo compiled the City's FY 2021 expenses
(budgeted) as the base year for O&M expenses.
Carollo also collected information related to current cash and restricted/unrestricted fund balances and internal and external policies, and all other future operating and non-operating revenues and expenditures.
With these cost drivers established, a cash flow sufficiency test is typically used to define the annual revenues necessary in the event net cash flow at the end of each FY is negative.
Debt Coverage Test
Debt coverage is the amount of annual revenue, in excess of annual operating expenses and annual debt service, that the City must generate. This is represented as a percentage of the annual debt service and is typically outlined in the official statement for each debt issuance. The City’s current annual debt coverage ratio minimum is 125 percent of annual debt service.
Reserve Funds Test
The reserve funds test reviews end of fiscal year reserve balances compared with City reserve policies. This analysis reviewed the projected reserve balances at the end of the fiscal year compared with these policy targets.
1.3.1.2 Cost of Service Overview
The goal of the cost of service evaluation is to identify an equitable and fair nexus between the costs incurred by the City and the rates assessed to each customer.
Carollo reviewed historical customer billing data to confirm the number of units connected to the system, cost drivers, and cost allocations. Carollo then identified how fixed costs versus variable costs align to functional categories.
Revenue Requirement Analysis
City budget and funding goals outline the
needed rate revenue.
Cost of Service Analysis
Revenue Requirements are assigned to
functional categories on a linebyline basis.
Functional Costs are allocated to cost
components based on engineering standards.
Cost Categories are furhter allocated to each
customer class based on demand profiles.
Rate Design Analysis
The results of the customer class allocation
form the basis of the rate design.
Figure 1 Overview of Rate-Setting Process
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For the City, costs are primarily related to flow in million gallons (MG) and discharge/strength characteristics such as biological oxygen demand (BOD) and total suspended solids (TSS). The cost of service analysis takes the projected revenues from the previous step and allocates them to flow, BOD, TSS, and customer service functions based on the baseline system profile. These functionalized costs are allocated to each customer class in accordance with system flows and discharge/strength characteristics.
1.3.1.3 Rate Design Analysis
The Rate Design Analysis ties together the preceding steps into a final rate charged to each customer class.
The rates calculated in this step incorporate the projected revenue requirements and the cost of service allocations into a fair and equitable cost recovery mechanism.
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2.0 Revenue Requirements Analysis
The revenue requirements analysis has two main purposes – it serves as a means of evaluating each cost center’s fiscal health and adequacy of current rate levels; and it sets the basis for near- and long-term rate planning.
There are three tests utilized to define the recommended annual revenues necessary:
• Cash Flow Sufficiency Test – The cash flow test defines the amount of annual revenues that must be generated to meet annual expenditure obligations of the utility. • Debt Service Coverage Test – Debt service coverage refers to the collection of revenues to meet all operating expenses and debt service obligations plus an additional multiple of that debt service. The City has a legally required minimum debt service coverage ratio of 1.25x which was used as the basis for this financial analysis. While a higher debt service coverage ratio can be more prudent and signal creditworthiness, it would likely be infeasible to incorporate an unnecessarily high ratio during other significant rate adjustment requirements. • Reserve Test – End of year reserve balances for each of the City’s unrestricted reserve(s) should meet minimum target balances.
If revenues fail only one of these tests, then that respective shortfall sets the revenue increase. If multiple tests are failed, the greatest shortfall defines the required revenue increase.
Data was provided by City staff based on current projections for operating and non-operating expenditures, CIP, debt service, as well as baseline revenues. The City also provided baseline reserve balances and restricted fund targets.
2.1 Revenue Requirements Prior to Rate Increases
2.1.1 Expenditures
Table 1 and Table 2 summarize the City’s operating and non-operating expenditures forecasted during the rate-setting period (FY 2024 to FY 2028), respectively. Table 3 summarizes the City’s capital expenditures.
Operating expenses are escalated by 3.0 percent annually while capital costs were provided by City staff and represent escalated dollars for their respective years.
Table 1 Operating Expenditure Forecast ($ thousands)
Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Sewer Operating System $1,496 $1,541 $1,587 $1,635 $1,684 Water Conservation Plant 3,305 3,405 3,507 3,612 3,720
Industrial Pre-Treatment 162 166 171 176 182
Laboratory 521 537 553 570 587
Stormwater O&M 281 290 298 307 317
Total Operating Expenses $5,765 $5,938 $6,116 $6,300 $6,489 Note:
(1) Totals may not tie due to rounding.
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Table 2 Non-Operating Expenditure Forecast ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Interfund Transfers $600 $600 $600 $600 $600
Debt Service 4,592 7,000 6,999 6,997 7,000
Rate Funded Capital (PAYGO) - - 1,460 2,772 1,329
Total Non-Operating
Expenses $5,192 $7,600 $9,059 $10,370 $8,929
Note:
(1) Totals may not tie due to rounding.
Table 3 Capital Expenditure Forecast ($ thousands)
Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Sewer Replacement $85 $- $- $- $-
Island Annexation 3,050 2,580 2,420 – –
Other Sewer Infrastructure 80 174 230 88 91
WWTF 32,187 31,090 1,093 1,596 99
Master Plans 207 214 221 229 237
Stormwater 1,545 1,591 1,639 1,688 1,739
Total Capital Expenses $37,154 $35,649 $5,603 $3,601 $2,166 Note:
(1) Totals may not tie due to rounding.
2.1.2 Revenues
Table 4 summarizes the City’s forecasted revenues during the rate-setting period assuming no revenue increases to Charges for Service.
Table 4 Revenue Forecast Prior to Rates and Fees Increase ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Charges for Services:
Sewer Service Charges $7,167 $7,167 $7,167 $7,167 $7,167 Porter Vista Revenue Offset 200 200 200 200 200
Other Revenues:
Property Tax Assessments 187 188 189 190 191
Interest on Investments 41 42 42 42 43
Rent of Land – Agricultural 123 127 131 134 138
Sewer Dumping Charges 51 51 51 52 52
Lab Service Charges 381 383 384 386 388
Other Service Charges 5 5 5 5 5
Penalties 82 84 87 90 92
Other Revenues 5 6 6 6 6
Revenues Pre-Increase $8,242 $8,252 $8,262 $8,272 $8,283 Note:
(1) Totals may not tie due to rounding.
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2.2 Cash Flow Test
Table 5 summarizes the City’s forecasted revenues during the rate-setting period, assuming no revenue increases. The City is projected to have a cash flow deficit beginning in FY 2024.
Table 5 Cash Flow Test Prior to Rates and Fees Increase ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Total Revenues $8,242 $8,252 $8,262 $8,272 $8,283
Total Operating Expenses 5,765 5,938 6,116 6,300 6,489
Debt Service 4,592 7,000 6,999 6,997 7,000
Interfund Transfers 600 600 600 600 600
Rate Funded Capital (PAYGO) – – 1,460 2,772 1,329
Total Policy Expenditures 234 597 360 652 1,237
Cash Flow Pre-Increase $(2,949) $(5,883) $(7,273) $(9,049) $(8,372) Note:
(1) Totals may not tie due to rounding.
2.3 Debt Service Coverage Test
Table 6 summarizes the debt service coverage test forecast for the rate-setting period. Debt service coverage is calculated as the ratio of the City’s net income to its annual debt service. Without rate increases, the City is projected to fall below its required debt service coverage ratio of 125 percent (1.25x) in FY 2024 and beyond.
Table 6 Debt Coverage Test Prior to Rates and Fees Increase ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Total Revenues $8,242 $8,252 $8,262 $8,272 $8,283
Sewer Expenses 5,765 5,938 6,116 6,300 6,489
Debt Service 4,592 7,000 6,999 6,997 7,000
Debt Coverage (1.25x) 1,148 1,750 1,750 1,749 1,750
Coverage Ratio Pre-Increase 0.54x 0.33x 0.31x 0.28x 0.26x Note:
(1) Totals may not tie due to rounding.
2.3.1 Capital Planning and Reserves
The projected reserve balances for the Sewer Operating Fund, Wastewater Treatment Facility Capital Fund (WWTFR), and Sewer Revolving Fund (SRF) are presented in Table 7 through Table 9, respectively.
Beginning reserve fund balances for FY 2024 and current targets were provided by City staff. The City is projected to meet its reserve policy targets in 2028, as shown in Table 10.
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Table 7 Sewer Operating Fund Revenue Forecast Prior to Rates and Fees Increase ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Beginning Balance $1,188 $867 $1,148 $901 $363
Addition to Meet Min. Balance 234 597 360 652 1,237
Cash Flows (555) (316) (607) (1,190) 782
Ending Balance Prior to
Transfers
867 1,148 901 363 2,381
Transfers From/(To) WWTFR – – – – (102)
Ending Balance $867 $1,148 $901 $363 $2,279
Minimum Target $1,422 $1,464 $1,508 $1,553 $1,600
Notes:
(1) Totals may not tie due to rounding.
(2) City’s minimum reserve balance is 90 days of operating expenses.
Table 8 WWTFR Revenue Forecast Prior to Rates and Fees Increase ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Beginning Balance $728 $1,884 $1,629 $728 $728
Transfer from Sewer Operating
Fund
300 300 300 300 300
Less: Use of Funds (300) (1,457) (1,202) (300) (300)
Ending Balance Prior to
Transfers
1,884 1,629 728 728 728
Transfers From/(To) Operating – – – – 102
Ending Balance $1,884 $1,629 $728 $728 $830
Minimum Target $428 $428 $428 $428 $428
Notes:
(1) Totals may not tie due to rounding.
(2) City’s minimum reserve balance is 1.0% of replacement cost new less depreciation (RCNLD).
Table 9 SRF Revenue Forecast Prior to Rates and Fees Increase ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Beginning Balance $4,254 $1,800 $1,800 $1,800 $1,800
Transfer from Sewer Operating
Fund
300 300 300 300 300
Less: Use of Funds (2,754) (300) (300) (300) (300)
Ending Balance Prior to
Transfers
1,800 1,800 1,800 1,800 1,800
Transfers From/(To) WWTFR – – – – 94
Ending Balance $1,800 $1,800 $1,800 $1,800 $1,894
Minimum Target $1,500 $1,500 $1,500 $1,500 $1,500
Notes:
(1) Totals may not tie due to rounding.
(2) City’s minimum reserve balance is 90 days of operating expenses.
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Table 10 Reserves Target Test ($ thousands)
Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Ending Operating Fund Balance $867 $1,148 $901 $363 $2,279 Days of O&M Expenditures 55 days 71 days 54 days 22 days 129 days Operating Revenue Balance
Above/(Under) Target $(555) $(316) $(607) $(1,190) $679
2.4 Revenue Requirements with Recommended Rate Increase Based on the projected deficits in the debt service coverage test presented in Table 6, Carollo recommends annual revenue increases of 32.5 percent from FY 2024 to FY 2025 and 8.5 percent annual revenue increases from FY 2026 to FY 2028. 3.0 percent annual revenue increases are recommended throughout the remainder of the study period. The revenue plan shown in Table 11 is projected to generate sufficient revenues to meet all three financial tests and provide adequate financial capacity for unexpected future cashflow events.
Table 11 Cash Flow with Recommended Revenue ($ thousands) Description FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Revenue Increase 32.5% 32.5% 8.5% 8.5% 8.5%
Baseline Rate Revenue 7,367 7,367 7,367 7,367 7,367
Revenue from Increase 2,394 5,567 6,666 7,859 9,153
Non-Operating Revenue 875 885 895 905 916
Less: Rate Increase Delay – – – – –
Less: Expenditures (11,191) (14,135) (15,535) (17,322) (16,655) Cash Flow After Increases $(555) $(316) $(607) $(1,190) $782 SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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3.0 Cost of Service
The cost-of-service portion of the rate analysis creates an equitable and fair basis for collecting rates from each customer class. This analysis initially allocates costs to functional categories based on how the City’s system is designed and operated. These functional category costs are then allocated to each customer class based on how they use the system, as measured by the units for each functional category. For instance, customer classes with higher overall flow will be assigned a greater share of costs incurred to convey and treat that volume of flow. Classes with higher BOD or TSS concentrations in their wastewater discharge will be allocated a greater share of costs to handle and treat these constituents.
The functional cost allocation takes these projected revenue requirements and allocates them to individual functional costs related to the City’s collection, treatment, and administrative processes. Each of the City’s expenses are allocated based on the respective function it serves. In the City’s case, these functions are flow, BOD, and TSS.
The customer class allocation takes these functional costs and further assigns them to each class based on their typical usage of the system. Classes that generate more flow or have more accounts are assigned a greater share of flow or customer service-related costs, respectively. Finally, rate design calculates a rate for each class based on the total allocated costs and the units for cost recovery.
3.1 Functional Cost Allocation
The City’s last rate study, completed in 2003, developed cost allocation factors to recover previously excluded operational costs. The approach used in that study is maintained here because the City’s cost driver categories are largely unchanged, however since the number of capital costs have increased significantly, the focus for this step was how to best allocate each to flow, BOD, and TSS.
Table 12 outlines the City’s three cost allocation categories. Given a lack of available information to determine otherwise and to keep the calculations straightforward and replicable, individual capital costs are allocated in full, half, or equally divided in thirds across the three functions. The total allocation split for capital costs is the quotient of the summed allocated cost divided by total capital cost. Existing debt service and fixed assets are both allocated in nearly equal thirds while O&M expenses are half allocated to flow with the remaining 50 percent split equally among both BOD and TSS. Similar to the capital cost calculation, the total functional allocation percentages are the quotient of the allocated amounts divided by the total estimated costs.
Table 12 Cost Allocation Percentage Bases
Allocation Items Flow BOD TSS
Operating Expenses 50.0% 25.0% 25.0%
Existing Debt Service 34.0% 33.0% 33.0%
Capital Costs 27.7% 36.2% 36.2%
Fixed Assets 34.0% 33.0% 33.0%
Total 35.0% 32.5% 32.5%
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As shown in Table 12, the City’s total costs are almost evenly split between flow (35.0 percent), followed by BOD and TSS (both at 32.5 percent). The functional allocation uses the full study period (FY 2022 to FY 2031) rather than the five-year rate-setting period so that rates continue recovering these anticipated costs, regardless of the particular year in which they were incurred. Results of the cost allocation are shown in Table 13.
Table 13 Cost Allocation Results ($ thousands)
Expenditure Items Flow BOD TSS
Operating Expenses $31,148 $15,574 $15,574
Existing Debt Service 20,551 19,947 19,947
Capital Costs 32,467 42,398 42,398
Fixed Assets 5,982 5,806 5,806
Total $90,148 $83,725 $83,725
Annual revenue requirements, including their allocations by functional category for the duration of the rate-setting period, are shown in Table 14.
Table 14 Functional Cost Allocations throughout the Rate-Setting Period ($ thousands) Functional Categories Allocation FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 Flow 35.0% $ 3,323 $ 4,404 $ 4,778 $ 5,184 $ 5,625
BOD 32.5% 3,087 4,090 4,437 4,815 5,224
TSS 32.5% 3,087 4,090 4,437 4,815 5,224
Total Revenue
Requirement $9,499 $12,585 $13,655 $14,815 $16,074
3.2 Customer Class Allocation
The annual allocated revenue requirements are allocated to each customer class based on the number of units of service that each customer class has for a particular category. That calculation starts by measuring the units of service for each class. The total number of accounts, annual flow, and annual BOD and TSS loadings are shown in Table 15. This table also shows the percent of the total for each class for each particular constituent.
City staff provided Carollo with customer billing data which included the number of accounts, dwelling units, and flow (mgd) for use in development of the cost-of-service analysis as well as development of revenue under existing rates. The cost-of-service analysis determines each class’s proportional contribution (through each of the three cost allocation categories; Flow, BOD, and TSS) based on billing data supplied by City staff.
Due to limited current class-specific strength data (milligrams per liter [mg/L] for BOD and TSS), Carollo maintained the existing assumed strengths used in the previous 2003 study. Those strengths are then converted into pounds per day (lbs/day) by multiplying each customer class’s flow by their respective strengths (mg/L) times 8.34 pounds per gallon. These resulting pounds, by customer class, are then divided by total contributed pounds to arrive at respective allocation percentages by customer class. The most notable change since the previous study is that flows from each customer class have markedly increased while septic waste haulers have significantly increased their flows and as a result their contaminant contributions.
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Table 15 Accounts, Flow, BOD, and TSS by Class
Customer Classes Accounts Dwelling
Units
Flow BOD TSS
mgd % mg/L lbs % mg/L lbs %
Residential
Single Family Residential 11,804 39,779 3.0153 57.3% 250 6,287 56.6% 175 4,401 49.1% Multi-Family Residential 656 7,675 1.0669 20.3% 250 2,224 20.0% 175 1,557 17.4% Trailer Park – Spaces 263 1,178 0.1638 3.1% 250 341 3.1% 175 239 2.7% Commercial
Car Wash, Laundry, Packing
House 23 0.0278 0.5% 100 23 0.2% 150 35 0.4%
Bars, Hotels w/o Dining 13 0.0164 0.3% 200 27 0.2% 200 27 0.3% Stores, Offices, Markets 695 0.6105 11.6% 150 764 6.9% 150 764 8.5% Hospital, Rest Homes 27 0.0202 0.4% 250 42 0.4% 100 17 0.2% Multi-Unit with Cons 4 0.0013 0.0% 250 3 0.0% 150 2 0.0% Mortuaries 2 0.0025 0.0% 800 17 0.2% 800 17 0.2%
Service Stations and
Auto Repairs 63 0.0695 1.3% 180 104 0.9% 280 162 1.8%
Restaurants 98 0.0834 1.6% 800 557 5.0% 600 417 4.7%
Churches 61 0.0746 1.4% 150 93 0.8% 150 93 1.0%
Schools 51 0.0518 1.0% 130 56 0.5% 100 43 0.5%
City of Porterville 23 0.0215 0.4% 150 27 0.2% 150 27 0.3% State Hospital 1 0.0013 0.0% 250 3 0.0% 100 1 0.0%
Industrial 15 0.0215 0.4% 150 27 0.2% 100 18 0.2%
Septic Tanks 7 0.0114 0.2% 0 512 4.6% 12,000 1,139 12.7% Totals 13,806 48,633 5.2597 11,108 8,959
SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Each of the functional categories are allocated to each customer class by multiplying the annual revenue requirements for a FY 2024 test year in Table 14 by their respective allocation percentages in Table 15. This step is repeated for each of the three constituents (Flow, BOD, TSS) thereby determining each customer class’s respective FY 2024 Test Year revenue requirement, by constituent, in Table 16.
Table 16 Total Cost Allocation by Class for FY 2024 Test Year Customer Classes Flow BOD TSS Total Rev Req
Residential
Single Family Residential $1,905,248 $1,746,947 $1,516,201 $5,168,396 Multi-Family Residential 674,105 618,096 536,455 1,828,656 Trailer Park – Spaces 103,484 94,886 82,353 280,722
Commercial
Car Wash, Laundry, Packing House $17,572 $6,445 $11,986 $36,002 Bars, Hotels w/o Dining 10,383 7,616 9,443 27,443
Stores, Offices, Markets 385,775 212,234 263,144 861,153 Hospital, Rest Homes 12,779 11,718 5,811 30,308
Multi-Unit with Cons 799 732 545 2,076
Mortuaries 1,597 4,687 5,811 12,096
Service Stations and Auto Repairs 43,929 29,001 55,934 128,864 Restaurants 52,715 154,671 143,830 351,216
Churches 47,124 25,925 32,144 105,193
Schools 32,747 15,614 14,892 63,252
City of Porterville 13,578 7,470 9,262 30,310
State Hospital 799 732 363 1,894
Industrial 13,578 7,470 6,175 27,222
Septic Tanks 7,188 142,368 392,264 541,820
Total $3,323,400 $3,086,611 $3,086,611 $9,496,622
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4.0 Rate Design Analysis
The rate design analysis ties together the prior two steps (revenue requirement analysis and cost of service analysis) into fair and equitable rates assessed to each customer. The allocated costs shown in Table 16 outline the costs to be recovered from each customer class. Rate design then calculates an appropriate unit cost for each customer class. The City requested Carollo calculate rates under three rate structures. The first alternative maintains the existing rate structure, which charges multifamily residential and trailer park customers 95 percent of the single family residential rate. The second rate structure recovers class cost of service revenue requirements. The third alternative categorizes all residential customers as one residential customer class.
4.1 Alternative 1: Existing Sewer Rate Structure
4.1.1 Residential Sewer Rates
Residential (Single Family, Multifamily, and Trailer Park) customers are currently charged a flat monthly rate for wastewater services regardless of the amount of flows contributed to the WWTP. Alternative 1 maintains the existing rate structure and recovers the total residential class’s proportionate costs. Table 17 illustrates rates for each of the residential customer classes throughout the rate-setting period.
Table 17 Alternative 1 – Existing and Proposed Residential Sewer Rates Residential
Customer Classes
FYE 2023
(Existing) FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 5-Year
Cumulative
Increase
Single Family
Residential –
Per Unit
$26.87 $30.20 $39.95 $43.35 $47.00 $51.00 74.9%
Multifamily
Residential –
Per Unit
25.52 28.69 37.96 41.18 44.65 48.45 75.0%
Trailer Park –
Per Space 25.52 28.69 37.96 41.18 44.65 48.45 75.0%
4.1.2 Non-Residential Sewer Rates
Non-Residential (Commercial, Industrial, and Septic Tank Haulers) customers are currently charged a volumetric rate that recovers their total cost of service. Non-Residential sewer rates are calculated by dividing the cost per customer class by the amount of respective flow. Existing and Alternative 1 Non-Residential rates, throughout the rate-setting period, are shown in Table 18.
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Table 18 Alternative 1 – Existing and Proposed Non-Residential Sewer Rates Non-Residential
Customer Classes
FYE 2023
(Existing) FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 5-Year
Cumulative
Increase
Car Wash,
Laundry, Packing
House
$0.96 $2.66 $3.52 $3.82 $4.14 $4.50 331.3%
Bars, Hotels w/o
Dining 1.22 3.43 4.54 4.93 5.34 5.80 337.7%
Stores, Offices,
Markets 1.04 2.90 3.83 4.16 4.51 4.90 333.7%
Hospital, Rest
Homes 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Multi-Unit with
Cons. 1.19 3.37 4.46 4.84 5.25 5.70 341.2%
Mortuaries 1.95 9.81 13.00 14.10 15.30 16.60 684.6%
Service Stations
and Auto Repairs 1.36 3.80 5.04 5.47 5.93 6.43 336.0%
Restaurants 2.97 8.63 11.44 12.41 13.46 14.61 353.2%
Churches 0.42 2.90 3.83 4.16 4.51 4.90 973.8%
Schools 0.30 2.51 3.32 3.60 3.91 4.24 1,203.3%
City of Porterville 0.83 2.90 3.83 4.16 4.51 4.90 443.4% State Hospital 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Industrial – per hcf 0.93 2.60 3.44 3.74 4.05 4.40 335.5% Septic Tanks – per
1,000 gallons 22.70 130.50 172.90 187.60 203.55 220.85 796.7%
4.2 Alternative 2: Cost of Service-Based Sewer Rates
Alternative 2 of this Study represents cost of service-based sewer rates. These cost-based sewer rates align with California’s Proposition 218 guidelines. Alternative 2 existing and proposed Residential and Non-Residential rates are shown in Table 19 and Table 20, respectively. Please note that Non-Residential sewer rates under Alternative 2 remain constant with those rates presented under Alternative 1.
Table 19 Alternative 2 – Existing and Proposed Residential Sewer Rates Residential
Customer Classes
FYE 2023
(Existing) FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 5-Year
Cumulative
Increase
Single Family
Residential $26.87 $36.50 $48.35 $52.50 $56.95 $61.80 111.9% Multifamily
Residential 25.52 19.90 26.35 28.55 31.00 33.65 21.5%
Trailer Park 25.52 19.90 26.35 28.55 31.00 33.65 21.5%
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Table 20 Alternative 2 – Existing and Proposed Non-Residential Sewer Rates – per HCF Non-Residential
Customer Classes
FYE 2023
(Existing) FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 5-Year
Cumulative
Increase
Car Wash, Laundry,
Packing House $0.96 $2.66 $3.52 $3.82 $4.14 $4.50 331.3% Bars, Hotels w/o
Dining 1.22 3.43 4.54 4.93 5.34 5.80 337.7%
Stores, Offices,
Markets 1.04 2.90 3.83 4.16 4.51 4.90 333.7%
Hospital, Rest
Homes 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Multi-Unit with Cons. 1.19 3.37 4.46 4.84 5.25 5.70 341.2% Mortuaries 1.95 9.81 13.00 14.10 15.30 16.60 684.6%
Service Stations and
Auto Repairs 1.36 3.80 5.04 5.47 5.93 6.43 336.0%
Restaurants 2.97 8.63 11.44 12.41 13.46 14.61 353.2%
Churches 0.42 2.90 3.83 4.16 4.51 4.90 973.8%
Schools 0.30 2.51 3.32 3.60 3.91 4.24 1,203.3%
City of Porterville 0.83 2.90 3.83 4.16 4.51 4.90 443.4% State Hospital 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Industrial – per hcf 0.93 2.60 3.44 3.74 4.05 4.40 335.5% Septic Tanks – per
1,000 gallons 22.70 130.50 172.90 187.60 203.55 220.85 796.7%
4.3 Alternative 3: Residential Consolidation-Based Sewer Rates Alternative 3 of this Study represents sewer rates with a uniform residential rate. Alternative 3 existing and proposed Residential and Non-Residential rates are shown in Table 21 and Table 22, respectively. Please note that Non-Residential sewer rates under Alternative 3 remain constant with those sewer rates presented under Alternatives 1 and 2.
Table 21 Alternative 3 – Existing and Proposed Residential Sewer Rates Residential
Customer Classes
FYE 2023
(Existing) FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 5-Year
Cumulative
Increase
Single Family
Residential $26.87 $29.55 $39.10 $42.40 $46.00 $49.90 71.2% Multifamily
Residential 25.52 29.55 39.10 42.40 46.00 49.90 80.3%
Trailer Park 25.52 29.55 39.10 42.40 46.00 49.90 80.3%
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Table 22 Alternative 3 – Existing and Proposed Non-Residential Sewer Rates Non-Residential –
per hcf
Customer Classes
FYE 2023
(Existing) FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 5-Year
Cumulative
Increase
Car Wash, Laundry,
Packing House $0.96 $2.66 $3.52 $3.82 $4.14 $4.50 331.3% Bars, Hotels w/o
Dining 1.22 3.43 4.54 4.93 5.34 5.80 337.7%
Stores, Offices,
Markets 1.04 2.90 3.83 4.16 4.51 4.90 333.7%
Hospital, Rest
Homes 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Multi-Unit with
Cons. 1.19 3.37 4.46 4.84 5.25 5.70 341.2%
Mortuaries 1.95 9.81 13.00 14.10 15.30 16.60 684.6%
Service Stations and
Auto Repairs 1.36 3.80 5.04 5.47 5.93 6.43 336.0%
Restaurants 2.97 8.63 11.44 12.41 13.46 14.61 353.2%
Churches 0.42 2.90 3.83 4.16 4.51 4.90 973.8%
Schools 0.30 2.51 3.32 3.60 3.91 4.24 1,203.3%
City of Porterville 0.83 2.90 3.83 4.16 4.51 4.90 443.4% State Hospital 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Industrial – per hcf 0.93 2.60 3.44 3.74 4.05 4.40 335.5% Septic Tanks – per
1,000 gallons 22.70 130.50 172.90 187.60 203.55 220.85 796.7% SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
FINAL | DECEMBER 2022 | 17
5.0 Customer Bill Impacts
The following graphs depict the monthly bill for each residential customer class under Alternatives 1, 2, and
3. Additionally, the monthly bill for restaurants is highlighted as an example under the commercial classes.
5.1 Single Family Residential
Figure 2 through Figure 4 illustrate the bill impact under each rate structure alternative for Single Family Residential customers. Both alternatives assess this charge on a per unit basis regardless of contributed flows. Figure 5 compares the single-family residential bill under each alternative.
Figure 2 Alternative 1 Single Family Residential Monthly Bill Figure 3 Alternative 2 Single Family Residential Monthly Bill SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Figure 4 Alternative 3 Single Family Residential Monthly Bill Figure 5 Single Family Residential Monthly Bill Comparison $26.87
$29.55
$39.10
$42.40
$46.00
$49.90
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
Exis�ng 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 ALTERNATIVE 3 - SFR MONTHLY SEWER BILL
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5.2 Multi- Family Residential and Trailer Parks
Figures 6 through Figure 8 illustrate bill impacts under each rate structure alternative for multifamily residential and trailer park customers.
Similar to single family residential, this charge is assessed on a per unit or per space basis, respectively, for multifamily residential and trailer park customers. Figure 9 compares the bill impacts under the three alternatives.
Figure 6 Alternative 1 Multifamily and Trailer Park Monthly Bill Figure 7 Alternative 2 Multifamily and Trailer Park Monthly Bill SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Figure 8 Alternative 3 Multifamily and Trailer Park Monthly Bill Figure 9 Multifamily and Trailer Park Monthly Bill Comparison $25.52
$29.55
$39.10
$42.40
$46.00
$49.90
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
Exis�ng 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 ALTERNATIVE 3 - MFR & TRAILER PARK MONTHLY SEWER BILL
$25.52
$28.69
$37.96
$41.18
$44.65
$48.45
$25.52
$19.90
$26.35 $28.55 $31.00
$33.65
$25.52
$29.55
$39.10
$42.40
$46.00
$49.90
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
MFR & TRAILER PARK MONTHLY SEWER BILL
Alt. 1, 2, and 3
Alt 1 Monthly Bill Alt 2 Monthly Bill Alt. 3 Monthly Bill SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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5.3 Commercial
Strictly for illustration purposes, Carollo reviewed the bill impact based on a hypothetical commercial customer classified under “Restaurants” and assumed a monthly flow of 15 hundred cubic feet (HCF), as shown in Figure 10. Unlike residential customers, commercial class customers are billed volumetrically per HCF, with the sole exception of septic tank haulers who are assessed on a per thousand-gallon basis.
Figure 10 Commercial Restaurant Monthly Sewer Bill (Assumes 15 HCF) $44.55
$129.45
$171.60
$186.15
$201.90
$219.15
$0.00
$50.00
$100.00
$150.00
$200.00
$250.00
2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
COMMERCIAL RESTAURANT MONTHLY SEWER BILL
SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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6.0 Findings and Recommendations
Based on the data, assumptions, and approaches detailed in the previous sections, Carollo recommends the following:
6.1 Revenue Requirements
Revenue under existing rates is insufficient to cover operating and capital costs, debt payments, and debt service coverage throughout the study period (FY 2021 – FY 2031). As such, Carollo recommends the City increases wastewater rate revenue by 32.5 percent annually starting in FY 2024 and continuing through FY 2025, then reduce the rate revenue increase to 8.5 percent annually from FY 2026 through FY 2028, and lastly implement 3.0 percent annual rate revenue increases throughout the remainder of the study period (through FY 2031). These annual rate revenue increases will provide adequate revenue to address annual debt service coverage issues in the later years of the rate-setting period while also providing the City with future financial capacity to address unexpected operational and capital costs.
6.2 Alternative 2 – Cost of Service Based Sewer Rates
Carollo recommends the cost of service-based sewer rates presented under Alternative 2 for all customer classes as shown in Table 23 and Table 24. These rates ensure each customer class pays their fair and proportionate share of costs. These rates are supported by the cost-of-service analysis and further adhere to California State legal requirements, including Proposition 218.
SEWER UTILITY RATE STUDY | CITY OF PORTERVILLE
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Appendix A
REVENUE REQUIREMENTS, COST OF SERVICE
ANALYSIS, & RATE DESIGN SCHEDULES
City of Porterville
2020 Sewer Rate Study
Assumptions
Escalator Constant Meter Size MEUs Months % of Revenue % of Sales Operations 3.0% 5/8" 1 July 100% 8.3%
Labor 3.0% 3/4" 1.5 August 92% 8.3%
Energy 3.0% 1" 2 September 83% 8.3%
Chemicals 3.0% 1.5" 4.5 October 75% 8.3%
Construction / Capital 3.0% 2" 6.5 November 67% 8.3%
Water Cost 3.0% 3" 14 December 58% 8.3%
Account Growth 0.5% 4" 24.5 January 50% 8.3%
Metered Water Demand 0.5% 6" 53.5 February 42% 8.3%
No Increase 0.0% 8" 91.5 March 33% 8.3%
Inflation + Growth 3.5% 10" 137.5 April 25% 8.3%
Metered Demand + Growth 1.0% 12" 201.5 May 17% 8.3%
Fire Demand 0.0% June 8% 8.3%
Interest 1.0%
Utilities + Delivered Water Demand 3.5%
Capacity Maintenance 2.4% Future Debt Issue Term 20 years Developer Fees 1.0% Future Debt Interest Rate 4.25%
Property Taxes 1% Future Issue Cost 1.5%
One time revenue -100%
One time expense -100%
Current Debt DSCR 1.25x
Operating Fund Target 90 days
City of Porterville
2020 Sewer Rate Study
Revenue Requirement
Budget Forecasted -->
FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Cash Flow Test
Operating Revenues
Charges for Services $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 Total Operating Revenues $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 Non-Operating Revenues
Other Revenues $ 846,596 $ 855,844 $ 865,284 $ 874,923 $ 884,765 $ 894,816 $ 905,082 $ 915,569 Total Non-Operating Revenues $ 846,596 $ 855,844 $ 865,284 $ 874,923 $ 884,765 $ 894,816 $ 905,082 $ 915,569 Total Revenues $ 8,213,858 $ 8,223,105 $ 8,232,546 $ 8,242,185 $ 8,252,027 $ 8,262,078 $ 8,272,344 $ 8,282,831 Operating Expenses
Total Sewer Operating System $ 1,368,902 $ 1,409,969 $ 1,452,268 $ 1,495,836 $ 1,540,711 $ 1,586,933 $ 1,634,541 $ 1,683,577 Total Water Conservation Plant 3,024,857 3,115,603 3,209,071 3,305,343 3,404,503 3,506,638 3,611,837 3,720,193 Total Industrial Pre-Treatment 148,001 152,378 156,886 161,530 166,313 171,239 176,313 181,540 Total Laboratory 477,075 491,387 506,129 521,313 536,952 553,061 569,652 586,742 Total Stormwater O&M - 265,115 273,068 281,261 289,698 298,389 307,341 316,561 Total Operating Expenses $ 5,018,835 $ 5,434,452 $ 5,597,423 $ 5,765,282 $ 5,938,178 $ 6,116,260 $ 6,299,685 $ 6,488,612 Non-Operating Expenses
Total Interfund Transfers $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 Debt Service 2,231,098 2,209,113 2,187,309 4,592,148 6,999,501 6,998,695 6,997,275 7,000,322 Rate Funded Capital (PAYGO) $ - $ - $ - $ - $ - $ 1,460,483 $ 2,772,404 $ 1,329,036 Total Non-Operating Expenses $ 2,831,098 $ 2,809,113 $ 2,787,309 $ 5,192,148 $ 7,599,501 $ 9,059,178 $ 10,369,679 $ 8,929,358 $ (20,460) 363,924 $ (152,186) $ (2,715,246) $ (5,285,653) $ (5,452,878) $ (5,624,616) $ (5,806,104) $ Policy Expenditures
Additional Expenditures $ - $ - $ - $ - $ - $ - $ - $ - Additions to Meet Minimum Fund Balances $ - $ - $ 40,185 $ 233,760 $ 597,278 $ 359,955 $ 652,253 $ 1,236,717 Total Policy Expenditures $ - $ - $ 40,185 $ 233,760 $ 597,278 $ 359,955 $ 652,253 $ 1,236,717 Additional Expenditures OVERRIDE
Additions to Meet Minimum Fund Balances OVERRIDE
Total Expenses $ 7,849,933 $ 8,243,565 $ 8,424,916 $ 11,191,191 $ 14,134,957 $ 15,535,393 $ 17,321,618 $ 16,654,688 Cash Flow Surplus / (Deficit) $ 363,924 $ (20,460) $ (192,370) $ (2,949,006) $ (5,882,931) $ (7,273,315) $ (9,049,274) $ (8,371,857) City of Porterville
2020 Sewer Rate Study
Revenue Requirement
Budget Forecasted -->
FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Reserves Target Test
Ending Operating Fund Balance $ 1,363,038 $ 1,340,002 $ 1,187,816 $ 866,930 $ 1,148,164 $ 901,094 $ 363,215 $ 2,278,975 Days of O&M Expenditures 100 days 90 days 78 days 55 days 71 days 54 days 22 days 129 days Operating Reserve Balance Above / (Under) Target $ 125,517 $ - $ (192,370) $ (554,646) $ (316,044) $ (607,025) $ (1,190,132) $ 679,043 Debt Coverge Test
Revenues
Sewer Sales $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 Total Non-Operating Revenues 846,596 855,844 865,284 874,923 884,765 894,816 905,082 915,569 Total Revenues $ 8,213,858 $ 8,223,105 $ 8,232,546 $ 8,242,185 $ 8,252,027 $ 8,262,078 $ 8,272,344 $ 8,282,831 Expenses
Sewer Expenses $ 5,018,835 $ 5,434,452 $ 5,597,423 $ 5,765,282 $ 5,938,178 $ 6,116,260 $ 6,299,685 $ 6,488,612 Debt Service 2,231,098 2,209,113 2,187,309 4,592,148 6,999,501 6,998,695 6,997,275 7,000,322 Debt Coverage 1.25x 557,775 552,278 546,827 1,148,037 1,749,875 1,749,674 1,749,319 1,750,081 Total Expenses $ 7,807,708 $ 8,195,843 $ 8,331,559 $ 11,505,468 $ 14,687,555 $ 14,864,629 $ 15,046,279 $ 15,239,015 Current Debt DSCR (Before Rate Adjustment) 1.43x 1.26x 1.20x 0.54x 0.33x 0.31x 0.28x 0.26x Debt Coverage Surplus / (Deficit) $ 406,150 $ 27,262 $ (99,013) $ (3,263,283) $ (6,435,528) $ (6,602,551) $ (6,773,935) $ (6,956,185) Revenue Requirement
Revenue Surplus/(Shortfalls) $ 363,924 $ (20,460) $ (192,370) $ (3,263,283) $ (6,435,528) $ (7,273,315) $ (9,049,274) $ (8,371,857) Surplus Cash Flow Driven Cash Flow Driven Coverage Driven Coverage Driven Cash Flow Driven Cash Flow Driven Cash Flow Driven Revenue Increase Month July July July July July July July Calculated Rate Increase 0.3% 2.7% 44.3% 87.4% 98.8% 122.9% 113.7% Rate Increase Override 0.0% 0.0% 32.5% 32.5% 8.5% 8.5% 8.5% Utilized Rate Increase 0.0% 0.0% 32.5% 32.5% 8.5% 8.5% 8.5% Cumulative Rate Increase 0.0% 0.0% 32.5% 75.6% 90.5% 106.7% 124.2% City of Porterville
2020 Sewer Rate Study
Revenue Requirement
Budget Forecasted -->
FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Resulting Cash Flows
Rate Revenues before Rate Increase $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 Rate Revenues from Rate Increase - - - 2,394,360 5,566,887 6,666,290 7,859,141 9,153,386 NON-Operating Revenues 846,596 855,844 865,284 874,923 884,765 894,816 905,082 915,569 Less: Rate Increase Delay - - - - - - - -
Less: Expenditures (7,849,933) (8,243,565) (8,424,916) (11,191,191) (14,134,957) (15,535,393) (17,321,618) (16,654,688) Resulting Cash Flow $ 363,924 $ (20,460) $ (192,370) $ (554,646) $ (316,044) $ (607,025) $ (1,190,132) $ 781,528 Rate Revenue Requirement $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 9,761,622 $ 12,934,148 $ 14,033,551 $ 15,226,403 $ 16,520,647 DSCR (after increase) 1.81x 1.65x 1.60x 1.25x 1.25x 1.39x 1.53x 1.69x City of Porterville
2020 Sewer Rate Study
Operations & Maintenance Expenses
Budget Forecasted -->
Growth Factor FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Revenue & Expenses Summary
Revenues
Charges for Services $ 6,310,583 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 Other Revenues 894,691 846,596 855,844 865,284 874,923 884,765 894,816 905,082 915,569 Total Revenues $ 7,205,274 $ 8,213,858 $ 8,223,105 $ 8,232,546 $ 8,242,185 $ 8,252,027 $ 8,262,078 $ 8,272,344 $ 8,282,831
TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE
Expenses
Total Sewer Operating System $ 1,182,784 $ 1,368,902 $ 1,409,969 $ 1,452,268 $ 1,495,836 $ 1,540,711 $ 1,586,933 $ 1,634,541 $ 1,683,577 Total Water Conservation Plant 2,690,166 3,024,857 3,115,603 3,209,071 3,305,343 3,404,503 3,506,638 3,611,837 3,720,193 Total Industrial Pre-Treatment 111,897 148,001 152,378 156,886 161,530 166,313 171,239 176,313 181,540 Total Laboratory 390,367 477,075 491,387 506,129 521,313 536,952 553,061 569,652 586,742 Total Interfund Transfers (726,678) 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Total Stormwater O&M - - 265,115 273,068 281,261 289,698 298,389 307,341 316,561 Total Expenses $ 3,648,536 $ 5,618,835 $ 6,034,452 $ 6,197,423 $ 6,365,282 $ 6,538,178 $ 6,716,260 $ 6,899,685 $ 7,088,612
TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE
Revenues
Charges for Services * assuming no rate increase and the same number of units and usage 4871 Sewer Service Charges [ calculated ] $ 6,310,583 $ 7,167,210 $ 7,167,210 $ 7,167,210 $ 7,167,210 $ 7,167,210 $ 7,167,210 $ 7,167,210 $ 7,167,210 Porter Vista Revenue Offset $ 200,052 $ 200,052 $ 200,052 $ 200,052 $ 200,052 $ 200,052 $ 200,052 $ 200,052 Charges for Services $ 6,310,583 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 $ 7,367,262 Other Revenues
4005 Property Tax Assessments Account Growth $ 182,459 $ 184,000 $ 184,920 $ 185,845 $ 186,774 $ 187,708 $ 188,646 $ 189,589 $ 190,537 4601 Interest on Investments Interest 65,049 40,000 40,400 40,804 41,212 41,624 42,040 42,461 42,885 4606 Rent of Land - Agricultural Operations 112,596 112,596 115,974 119,453 123,037 126,728 130,530 134,446 138,479 4872 Sewer Dumping Charges Metered Water Demand 50,430 50,000 50,250 50,501 50,754 51,008 51,263 51,519 51,776 4875 Lab Service Charges Metered Water Demand 397,935 375,000 376,875 378,759 380,653 382,556 384,469 386,392 388,324 4899 Other Service Charges Metered Water Demand 4,678 5,000 5,025 5,050 5,075 5,101 5,126 5,152 5,178 4998 Penalties Operations 72,817 75,000 77,250 79,568 81,955 84,413 86,946 89,554 92,241 4999 Other Revenues Operations 8,727 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 Other Revenues $ 894,691 $ 846,596 $ 855,844 $ 865,284 $ 874,923 $ 884,765 $ 894,816 $ 905,082 $ 915,569 Total Revenues $ 7,205,274 $ 8,213,858 $ 8,223,105 $ 8,232,546 $ 8,242,185 $ 8,252,027 $ 8,262,078 $ 8,272,344 $ 8,282,831 0% 14% 0% 0% 0% 0% 0% 0% 0%
City of Porterville
2020 Sewer Rate Study
Operations & Maintenance Expenses
Budget Forecasted -->
Growth Factor FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Expenses
Sewer Operating System
Personnel Services
5030-060-010 Salaries, Regular Labor $ 176,270 $ 275,560 $ 283,827 $ 292,342 $ 301,112 $ 310,145 $ 319,450 $ 329,033 $ 338,904 5030-060-020 Salaries, Part-time Labor - 6,000 6,180 6,365 6,556 6,753 6,956 7,164 7,379 5030-060-030 Salaries, Overtime Labor 8,932 9,000 9,270 9,548 9,835 10,130 10,433 10,746 11,069 5030-060-090 Benefits Labor 98,782 140,990 145,220 149,576 154,064 158,685 163,446 168,349 173,400 Total Personnel Services $ 283,984 $ 431,550 $ 444,497 $ 457,831 $ 471,566 $ 485,713 $ 500,285 $ 515,293 $ 530,752 Maintenance
5030-060-110 Vehicle Mantenance Operations $ 148,149 $ 150,000 $ 154,500 $ 159,135 $ 163,909 $ 168,826 $ 173,891 $ 179,108 $ 184,481 5030-060-120 Building/Grounds Maintenance Operations 19,061 4,000 4,120 4,244 4,371 4,502 4,637 4,776 4,919 5030-060-140 Computer Equipment Maintenance Operations 6,661 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 5030-060-190 Other Equipment Maintenance Operations 25,924 31,000 31,930 32,888 33,875 34,891 35,937 37,016 38,126 Total Maintenance $ 199,795 $ 190,000 $ 195,700 $ 201,571 $ 207,618 $ 213,847 $ 220,262 $ 226,870 $ 233,676 Services
5030-060-220 Printing/Copying Operations $ 8,279 $ 8,300 $ 8,549 $ 8,805 $ 9,070 $ 9,342 $ 9,622 $ 9,911 $ 10,208 5030-060-230 Professional/Temp Service Operations 4,862 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 5030-060-260 Rent of Property & Equipment Operations 707 2,000 2,060 2,122 2,185 2,251 2,319 2,388 2,460 5030-060-280 Administrative Expense Operations 128,610 131,500 135,445 139,508 143,694 148,004 152,445 157,018 161,728 Total Services $ 142,458 $ 156,800 $ 161,504 $ 166,349 $ 171,340 $ 176,480 $ 181,774 $ 187,227 $ 192,844 Supplies & Materials
5030-060-320 Office/Computer Supplies Operations $ 2,215 $ 3,000 $ 3,090 $ 3,183 $ 3,278 $ 3,377 $ 3,478 $ 3,582 $ 3,690 5030-060-340 Maintenance and Repair Material Operations 34,537 45,000 46,350 47,741 49,173 50,648 52,167 53,732 55,344 5030-060-350 Tools/Equipment Operations 2,592 2,500 2,575 2,652 2,732 2,814 2,898 2,985 3,075 Total Supplies & Materials $ 39,344 $ 50,500 $ 52,015 $ 53,575 $ 55,183 $ 56,838 $ 58,543 $ 60,300 $ 62,109 Other Operating Costs
5030-060-410 Meeting Expense Operations $ 383 $ - $ - $ - $ - $ - $ - $ - $ - 5030-060-420 Utilities Operations 68,888 69,875 71,971 74,130 76,354 78,645 81,004 83,434 85,937 5030-060-430 Uniform Allowance Operations 1,238 3,000 3,090 3,183 3,278 3,377 3,478 3,582 3,690 5030-060-440 Training Expense Operations 341 3,000 3,090 3,183 3,278 3,377 3,478 3,582 3,690 5030-060-450 Publication and Dues Operations 410 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 5030-060-460 Postage Operations 31,220 32,050 33,012 34,002 35,022 36,073 37,155 38,269 39,417 Total Other Operating Costs $ 102,480 $ 108,925 $ 112,193 $ 115,559 $ 119,025 $ 122,596 $ 126,274 $ 130,062 $ 133,964 Risk Management Expenses
5030-060-520 Insurance, Liability Operations $ 26,400 $ 26,400 $ 27,192 $ 28,008 $ 28,848 $ 29,713 $ 30,605 $ 31,523 $ 32,469 Total Risk Management Expenses $ 26,400 $ 26,400 $ 27,192 $ 28,008 $ 28,848 $ 29,713 $ 30,605 $ 31,523 $ 32,469 Other Expenses
5030-060-660 Other Expense Operations 2,160 12,000 12,360 12,731 13,113 13,506 13,911 14,329 14,758 5030-060-670 Franchise Fee Operations 332,727 332,727 342,709 352,990 363,580 374,487 385,722 397,293 409,212 Total Other Expenses $ 334,887 $ 344,727 $ 355,069 $ 365,721 $ 376,693 $ 387,993 $ 399,633 $ 411,622 $ 423,971 City of Porterville
2020 Sewer Rate Study
Operations & Maintenance Expenses
Budget Forecasted -->
Growth Factor FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Capital Outlay
5030-060-730 Other Machinery/Equipment Construction / Capital $ 53,436 $ 60,000 $ 61,800 $ 63,654 $ 65,564 $ 67,531 $ 69,556 $ 71,643 $ 73,792 Total Capital Outlay $ 53,436 $ 60,000 $ 61,800 $ 63,654 $ 65,564 $ 67,531 $ 69,556 $ 71,643 $ 73,792 Total Sewer Operating System $ 1,182,784 $ 1,368,902 $ 1,409,969 $ 1,452,268 $ 1,495,836 $ 1,540,711 $ 1,586,933 $ 1,634,541 $ 1,683,577 6% 16% 3% 3% 3% 3% 3% 3% 3%
Water Conservation Plant
Personnel Services
5030-065-010 Salaries, Regular Labor $ 451,815 $ 537,103 $ 553,216 $ 569,813 $ 586,907 $ 604,514 $ 622,650 $ 641,329 $ 660,569 5030-065-030 Salaries, Overtime Labor 20,637 20,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 5030-065-090 Benefits Labor 264,961 313,914 323,331 333,031 343,022 353,313 363,912 374,830 386,075 Total Personnel Services $ 737,413 $ 871,017 $ 897,148 $ 924,062 $ 951,784 $ 980,337 $ 1,009,747 $ 1,040,040 $ 1,071,241 Maintenance
5030-065-110 Vehicle Mantenance Operations $ 102,834 $ 112,000 $ 115,360 $ 118,821 $ 122,385 $ 126,057 $ 129,839 $ 133,734 $ 137,746 5030-065-120 Building/Grounds Maintenance Operations 13,801 25,000 25,750 26,523 27,318 28,138 28,982 29,851 30,747 5030-065-140 Computer Equipment Maintenance Operations 12,468 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 5030-065-190 Other Equipment Maintenance Operations 53,444 19,000 19,570 20,157 20,762 21,385 22,026 22,687 23,368 Total Maintenance $ 182,547 $ 161,000 $ 165,830 $ 170,805 $ 175,929 $ 181,207 $ 186,643 $ 192,242 $ 198,010 Services
5030-065-220 Printing/Copying Operations $ 661 $ 700 $ 721 $ 743 $ 765 $ 788 $ 811 $ 836 $ 861 5030-065-230 Professional/Temp Service Operations 383,749 500,000 515,000 530,450 546,364 562,754 579,637 597,026 614,937 5030-065-260 Rent of Property & Equipment Operations 29,039 35,000 36,050 37,132 38,245 39,393 40,575 41,792 43,046 5030-065-280 Administrative Expense Operations 524,654 525,000 540,750 556,973 573,682 590,892 608,619 626,877 645,684 Total Services $ 938,103 $ 1,060,700 $ 1,092,521 $ 1,125,297 $ 1,159,056 $ 1,193,827 $ 1,229,642 $ 1,266,531 $ 1,304,527 Supplies & Materials
5030-065-320 Office/Computer Supplies Operations $ 2,635 $ 5,000 $ 5,150 $ 5,305 $ 5,464 $ 5,628 $ 5,796 $ 5,970 $ 6,149 5030-065-330 Janitorial Supplies Operations - - - - - - - - - 5030-065-340 Maintenance and Repair Material Operations 112,745 152,000 156,560 161,257 166,095 171,077 176,210 181,496 186,941 5030-065-350 Tools/Equipment Operations 5,202 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 Total Supplies & Materials $ 120,582 $ 162,000 $ 166,860 $ 171,866 $ 177,022 $ 182,332 $ 187,802 $ 193,436 $ 199,240 Other Operating Costs
5030-065-410 Meeting Expense Operations $ 297 $ - $ - $ - $ - $ - $ - $ - $ - 5030-065-420 Utilities Operations 449,359 451,640 465,189 479,145 493,519 508,325 523,575 539,282 555,460 5030-065-430 Uniform Allowance Operations 4,888 6,000 6,180 6,365 6,556 6,753 6,956 7,164 7,379 5030-065-440 Training Expense Operations 1,000 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 5030-065-450 Publication and Dues Operations 2,709 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 5030-065-460 Postage Operations 12 500 515 530 546 563 580 597 615 5030-065-490 Special Consumables Operations 161,011 187,000 192,610 198,388 204,340 210,470 216,784 223,288 229,986 Total Other Operating Costs $ 619,276 $ 655,140 $ 674,794 $ 695,038 $ 715,889 $ 737,366 $ 759,487 $ 782,271 $ 805,740 Risk Management Expenses
5030-065-520 Insurance, Liability Operations $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Risk Management Expenses $ - $ - $ - $ - $ - $ - $ - $ - $ - City of Porterville
2020 Sewer Rate Study
Operations & Maintenance Expenses
Budget Forecasted -->
Growth Factor FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Other Expenses
5030-065-660 Other Expense Operations 93 20,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 Total Other Expenses $ 93 $ 20,000 $ 20,600 $ 21,218 $ 21,855 $ 22,510 $ 23,185 $ 23,881 $ 24,597 Capital Outlay
5030-065-730 Other Machinery/Equipment Construction / Capital $ 92,152 $ 95,000 $ 97,850 $ 100,786 $ 103,809 $ 106,923 $ 110,131 $ 113,435 $ 116,838 Total Capital Outlay $ 92,152 $ 95,000 $ 97,850 $ 100,786 $ 103,809 $ 106,923 $ 110,131 $ 113,435 $ 116,838 Total Water Conservation Plant $ 2,690,166 $ 3,024,857 $ 3,115,603 $ 3,209,071 $ 3,305,343 $ 3,404,503 $ 3,506,638 $ 3,611,837 $ 3,720,193 4% 12% 3% 3% 3% 3% 3% 3% 3%
Industrial Pre-Treatment
Personnel Services
5030-066-010 Salaries, Regular Labor $ 33,567 $ 46,538 $ 47,934 $ 49,372 $ 50,853 $ 52,379 $ 53,950 $ 55,569 $ 57,236 5030-066-090 Benefits Labor 15,884 23,263 23,961 24,680 25,420 26,183 26,968 27,777 28,611 Total Personnel Services $ 49,451 $ 69,801 $ 71,895 $ 74,052 $ 76,273 $ 78,562 $ 80,918 $ 83,346 $ 85,846 Maintenance
5030-066-110 Vehicle Mantenance Operations $ 8,991 $ 9,000 $ 9,270 $ 9,548 $ 9,835 $ 10,130 $ 10,433 $ 10,746 $ 11,069 5030-066-120 Building/Grounds Maintenance Operations 35,880 40,000 41,200 42,436 43,709 45,020 46,371 47,762 49,195 5030-066-190 Other Equipment Maintenance Operations - 2,000 2,060 2,122 2,185 2,251 2,319 2,388 2,460 Total Maintenance $ 44,871 $ 51,000 $ 52,530 $ 54,106 $ 55,729 $ 57,401 $ 59,123 $ 60,897 $ 62,724 Services
5030-066-230 Professional/Temp Service Operations $ 13,136 $ 20,000 $ 20,600 $ 21,218 $ 21,855 $ 22,510 $ 23,185 $ 23,881 $ 24,597 Total Services $ 13,136 $ 20,000 $ 20,600 $ 21,218 $ 21,855 $ 22,510 $ 23,185 $ 23,881 $ 24,597 Supplies & Materials
5030-066-320 Office/Computer Supplies Operations $ - $ - $ - $ - $ - $ - $ - $ - $ - 5030-066-340 Maintenance and Repair Material Operations 658 500 515 530 546 563 580 597 615 5030-066-350 Tools/Equipment Operations - 300 309 318 328 338 348 358 369 Total Supplies & Materials $ 658 $ 800 $ 824 $ 849 $ 874 $ 900 $ 927 $ 955 $ 984 Other Operating Costs
5030-066-420 Utilities Operations $ 1,592 $ 1,600 $ 1,648 $ 1,697 $ 1,748 $ 1,801 $ 1,855 $ 1,910 $ 1,968 5030-066-430 Uniform Allowance Operations - 50 52 53 55 56 58 60 61 5030-066-440 Training Expense Operations - 1,500 1,545 1,591 1,639 1,688 1,739 1,791 1,845 5030-066-450 Publication and Dues Operations 89 150 155 159 164 169 174 179 184 Total Other Operating Costs $ 1,681 $ 3,300 $ 3,399 $ 3,501 $ 3,606 $ 3,714 $ 3,826 $ 3,940 $ 4,059 Risk Management Expenses
5030-066-520 Insurance, Liability Operations $ 2,100 $ 2,100 $ 2,163 $ 2,228 $ 2,295 $ 2,364 $ 2,434 $ 2,508 $ 2,583 Total Risk Management Expenses $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 Other Expenses
5030-066-660 Other Expense Operations $ - $ 1,000 $ 1,030 $ 1,061 $ 1,093 $ 1,126 $ 1,159 $ 1,194 $ 1,230 Total Other Expenses $ - $ 1,000 $ 1,030 $ 1,061 $ 1,093 $ 1,126 $ 1,159 $ 1,194 $ 1,230 City of Porterville
2020 Sewer Rate Study
Operations & Maintenance Expenses
Budget Forecasted -->
Growth Factor FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Capital Outlay
5030-066-730 Other Machinery/Equipment Operations $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Capital Outlay $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Industrial Pre-Treatment $ 111,897 $ 148,001 $ 152,378 $ 156,886 $ 161,530 $ 166,313 $ 171,239 $ 176,313 $ 181,540 70% 32% 3% 3% 3% 3% 3% 3% 3%
Laboratory
Personnel Services
5030-068-010 Salaries, Regular Labor $ 166,865 $ 205,852 $ 212,028 $ 218,388 $ 224,940 $ 231,688 $ 238,639 $ 245,798 $ 253,172 5030-068-030 Salaries, Overtime Labor 1,336 1,400 1,442 1,485 1,530 1,576 1,623 1,672 1,722 5030-068-090 Benefits Labor 86,201 108,603 111,861 115,217 118,673 122,234 125,901 129,678 133,568 Total Personnel Services $ 254,402 $ 315,855 $ 325,331 $ 335,091 $ 345,143 $ 355,498 $ 366,163 $ 377,147 $ 388,462 Maintenance
5030-068-110 Vehicle Mantenance Operations $ - $ - $ - $ - $ - $ - $ - $ - $ - 5030-068-120 Building/Grounds Maintenance Operations 5,580 6,350 6,541 6,737 6,939 7,147 7,361 7,582 7,810 5030-068-190 Other Equipment Maintenance Operations 25,320 35,320 36,380 37,471 38,595 39,753 40,946 42,174 43,439 Total Maintenance $ 30,900 $ 41,670 $ 42,920 $ 44,208 $ 45,534 $ 46,900 $ 48,307 $ 49,756 $ 51,249 Services
5030-068-220 Printing/Copying Operations $ 256 $ 300 $ 309 $ 318 $ 328 $ 338 $ 348 $ 358 $ 369 5030-068-230 Professional/Temp Service Operations 17,111 17,000 17,510 18,035 18,576 19,134 19,708 20,299 20,908 5030-068-260 Rent of Property & Equipment Operations 3,231 4,000 4,120 4,244 4,371 4,502 4,637 4,776 4,919 Total Services $ 20,598 $ 21,300 $ 21,939 $ 22,597 $ 23,275 $ 23,973 $ 24,693 $ 25,433 $ 26,196 Supplies & Materials
5030-068-320 Office/Computer Supplies Operations $ 2,031 $ 2,100 $ 2,163 $ 2,228 $ 2,295 $ 2,364 $ 2,434 $ 2,508 $ 2,583 5030-068-330 Janitorial Supplies Operations - - - - - - - - - 5030-068-340 Maintenance and Repair Material Operations 138 200 206 212 219 225 232 239 246 5030-068-350 Tools/Equipment Operations - 1,500 1,545 1,591 1,639 1,688 1,739 1,791 1,845 Total Supplies & Materials $ 2,169 $ 3,800 $ 3,914 $ 4,031 $ 4,152 $ 4,277 $ 4,405 $ 4,537 $ 4,674 Other Operating Costs
5030-068-420 Utilities Operations $ 18,017 $ 19,000 $ 19,570 $ 20,157 $ 20,762 $ 21,385 $ 22,026 $ 22,687 $ 23,368 5030-068-430 Uniform Allowance Operations 416 600 618 637 656 675 696 716 738 5030-068-440 Training Expense Operations - 2,500 2,575 2,652 2,732 2,814 2,898 2,985 3,075 5030-068-450 Publication and Dues Operations 1,304 1,400 1,442 1,485 1,530 1,576 1,623 1,672 1,722 5030-068-460 Postage Operations 137 250 258 265 273 281 290 299 307 5030-068-490 Special Consumables Operations 55,436 63,000 64,890 66,837 68,842 70,907 73,034 75,225 77,482 Total Other Operating Costs $ 75,310 $ 86,750 $ 89,353 $ 92,033 $ 94,794 $ 97,638 $ 100,567 $ 103,584 $ 106,692 Risk Management Expenses
5030-068-520 Insurance, Liability Operations $ 4,200 $ 4,200 $ 4,326 $ 4,456 $ 4,589 $ 4,727 $ 4,869 $ 5,015 $ 5,165 Total Risk Management Expenses $ 4,200 $ 4,200 $ 4,326 $ 4,456 $ 4,589 $ 4,727 $ 4,869 $ 5,015 $ 5,165 City of Porterville
2020 Sewer Rate Study
Operations & Maintenance Expenses
Budget Forecasted -->
Growth Factor FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Other Expenses
5030-068-660 Other Expense Operations $ 546 $ 1,000 $ 1,030 $ 1,061 $ 1,093 $ 1,126 $ 1,159 $ 1,194 $ 1,230 Total Other Expenses $ 546 $ 1,000 $ 1,030 $ 1,061 $ 1,093 $ 1,126 $ 1,159 $ 1,194 $ 1,230 Capital Outlay
5030-068-730 Other Machinery/Equipment Operations $ 2,242 $ 2,500 $ 2,575 $ 2,652 $ 2,732 $ 2,814 $ 2,898 $ 2,985 $ 3,075 Total Capital Outlay $ 2,242 $ 2,500 $ 2,575 $ 2,652 $ 2,732 $ 2,814 $ 2,898 $ 2,985 $ 3,075 Total Laboratory $ 390,367 $ 477,075 $ 491,387 $ 506,129 $ 521,313 $ 536,952 $ 553,061 $ 569,652 $ 586,742 -1% 22% 3% 3% 3% 3% 3% 3% 3%
Interfund Transfers
4210 Transfers from Other Funds No Increase $ 3,892 $ - $ - $ - $ - $ - $ - $ - $ - 4210 Transfers to Other Funds No Increase (730,570) 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Total Interfund Transfers $ (726,678) $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 Stormwater O&M
TBD Stormwater Operation & Maintenance Operations $ 265,115 $ 273,068 $ 281,261 $ 289,698 $ 298,389 $ 307,341 $ 316,561 Total Stormwater O&M $ - $ - $ 265,115 $ 273,068 $ 281,261 $ 289,698 $ 298,389 $ 307,341 $ 316,561 Total Expenses $ 3,648,536 $ 5,618,835 $ 6,034,452 $ 6,197,423 $ 6,365,282 $ 6,538,178 $ 6,716,260 $ 6,899,685 $ 7,088,612 70% 54% 7% 3% 3% 3% 3% 3% 3%
City of Porterville
2020 Sewer Rate Study
Reserves & CIP Funding Plan
Projected Forecasted -->
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Capital Funding Summary
Capital Funding Needs
SRF $ 207,000 $ 121,000 $ 195,438 $ 164,954 $ 82,553 $ 85,236 $ 88,006 $ 90,866 Sewer Bond Refi - 2,955,000 3,050,000 3,050,000 2,580,000 2,420,000 - - Developer Fees 321,198 554,223 200,000 207,000 214,000 221,000 229,000 237,000 Unfunded - 4,388,000 5,746,000 3,045,000 2,682,350 2,783,642 3,188,263 1,738,911 WWTFR 5,085,261 1,261,928 84,590 30,687,340 30,090,178 93,109 96,135 99,259 Capital Funding Needs $ 5,613,459 $ 9,280,151 $ 9,276,028 $ 37,154,294 $ 35,649,081 $ 5,602,987 $ 3,601,404 $ 2,166,036 Capital Funding Sources
Grants $ - $ - $ - $ - $ - $ - $ - $ -
Sewer Bond Refi - 2,955,000 3,050,000 3,050,000 2,580,000 2,420,000 - - Developer Fees 321,198 554,223 200,000 207,000 214,000 221,000 229,000 237,000 Impact Fees - - - - - - - -
Initial use of Capital Reserve (WWTFR) 5,085,261
Initial use of Sewer Revolving Fund 207,000
Additional use of Capital Reserve (WWTFR) - 5,770,928 3,102,590 300,000 1,456,585 1,201,504 300,000 300,000 Additional use of Sewer Revolving Fund - - 2,923,438 2,753,879 300,000 300,000 300,000 300,000 Use of Bond Proceeds - - - 30,843,415 31,098,496 - - -
Rate Funded (PAYGO) - - - - - 1,460,483 2,772,404 1,329,036 Total Capital Funding Sources $ 5,613,459 $ 9,280,151 $ 9,276,028 $ 37,154,294 $ 35,649,081 $ 5,602,987 $ 3,601,404 $ 2,166,036
TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE
Reserves Summary
Sewer Operating Fund $ 2,382,042 $ 1,363,038 $ 1,340,002 $ 1,187,816 $ 866,930 $ 1,148,164 $ 901,094 $ 363,215 $ 2,278,975 Wastewater Treatment Facility Capital Fund (WWTFR) 7,436,799 8,998,727 3,530,376 727,786 1,884,371 1,629,290 727,786 727,786 830,271 Sewer Revolving Fund (SRF) 6,153,740 6,574,740 6,877,317 4,253,879 1,800,000 1,800,000 1,800,000 1,800,000 1,893,819 Ending Balance - All Funds $ 15,972,581 $ 16,936,505 $ 11,747,695 $ 6,169,481 $ 4,551,301 $ 4,577,454 $ 3,428,880 $ 2,891,001 $ 5,003,065 Interest Earnings $ - $ 164,545 $ 143,421 $ 89,586 $ 53,604 $ 45,644 $ 40,032 $ 31,599 $ 39,470 Fund Assumptions
Interest Earnings 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% Minimum Target - Sewer Operating Fund 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days Maximum Target - Sewer Operating Fund 180 days 180 days 180 days 180 days 180 days 180 days 180 days 180 days 180 days Minimum Target - WWTF Capital Fund 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD 1.0% RCNLD Maximum Target - WWTF Capital Fund 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD 2.0% RCNLD Minimum Target - Sewer Revolving Fund (SRF) 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days Maximum Target - Sewer Revolving Fund (SRF) 180 days 180 days 180 days 180 days 180 days 180 days 180 days 180 days 180 days City of Porterville
2020 Sewer Rate Study
Reserves & CIP Funding Plan
Projected Forecasted -->
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Sewer Operating Fund
Beginning Balance $ 2,362,470 $ 2,382,042 $ 1,363,038 $ 1,340,002 $ 1,187,816 $ 866,930 $ 1,148,164 $ 901,094 $ 363,215 Addition to meet min. balance - - - 40,185 233,760 597,278 359,955 652,253 1,236,717 Cash Flows 1,610,244 363,924 (20,460) (192,370) (554,646) (316,044) (607,025) (1,190,132) 781,528 Ending Balance Prior to Year End Transfers $ 3,972,714 $ 2,745,966 $ 1,342,579 $ 1,187,816 $ 866,930 $ 1,148,164 $ 901,094 $ 363,215 $ 2,381,460 Year End Transfers
Transfers From/(To) WWTFR (1,261,928) (2,577) - - - - - (102,485) Transfers From/(To) SRF (121,000)
Ending Balance $ 2,382,042 $ 1,363,038 $ 1,340,002 $ 1,187,816 $ 866,930 $ 1,148,164 $ 901,094 $ 363,215 $ 2,278,975 Days of O&M Expenditures 199 days 100 days 90 days 78 days 55 days 71 days 54 days 22 days 129 days Minimum Target $ 1,078,820 $ 1,237,521 $ 1,340,002 $ 1,380,186 $ 1,421,576 $ 1,464,208 $ 1,508,119 $ 1,553,347 $ 1,599,932 Maximum Target $ 2,157,640 $ 2,475,042 $ 2,680,004 $ 2,760,373 $ 2,843,153 $ 2,928,416 $ 3,016,238 $ 3,106,694 $ 3,199,864 Interest Earnings $ 18,725 $ 13,515 $ 12,639 $ 10,274 $ 10,075 $ 10,246 $ 6,322 $ 13,211 Wastewater Treatment Facility Capital Fund (WWTFR)
Beginning Balance $ 6,048,218 $ 7,436,799 $ 8,998,727 $ 3,530,376 $ 727,786 $ 1,884,371 $ 1,629,290 $ 727,786 $ 727,786 Unused Bond Proceeds - - - 1,156,585 901,504 - - -
Transfer From Sewer Operating Fund 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Less: Use of Funds - - (5,770,928) (3,102,590) (300,000) (1,456,585) (1,201,504) (300,000) (300,000) Ending Balance Prior to Year End Transfers $ 6,048,218 $ 7,736,799 $ 3,527,799 $ 727,786 $ 1,884,371 $ 1,629,290 $ 727,786 $ 727,786 $ 727,786 Year End Transfers
Transfer (To)/From Operating (Year End) $ 1,261,928 $ 2,577 $ - $ - $ - $ - $ - $ 102,485 Ending Balance $ 7,436,799 $ 8,998,727 $ 3,530,376 $ 727,786 $ 1,884,371 $ 1,629,290 $ 727,786 $ 727,786 $ 830,271 Minimum Target 427,786 $ 427,786 $ 427,786 $ 427,786 $ 427,786 $ 427,786 $ 427,786 $ 427,786 $ 427,786 $ Maximum Target $ 855,572 $ 855,572 $ 855,572 $ 855,572 $ 855,572 $ 855,572 $ 855,572 $ 855,572 $ 855,572 Interest Earnings $ 82,178 $ 62,646 $ 21,291 $ 13,061 $ 17,568 $ 11,785 $ 7,278 $ 7,790 Sewer Revolving Fund (SRF)
Beginning Balance $ 5,749,619 $ 6,153,740 $ 6,574,740 $ 6,877,317 $ 4,253,879 $ 1,800,000 $ 1,800,000 $ 1,800,000 $ 1,800,000 Transfer From Sewer Operating Fund 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Less: Use of Funds - - - (2,923,438) (2,753,879) (300,000) (300,000) (300,000) (300,000) Ending Balance Prior to Year End Transfers $ 5,749,619 $ 6,453,740 $ 6,874,740 $ 4,253,879 $ 1,800,000 $ 1,800,000 $ 1,800,000 $ 1,800,000 $ 1,800,000 Year End Transfers
Transfers From/(To) Operating Reserve $ 121,000 $ 2,577 $ - $ - $ - $ - $ - $ 93,819 Ending Balance $ 6,153,740 $ 6,574,740 $ 6,877,317 $ 4,253,879 $ 1,800,000 $ 1,800,000 $ 1,800,000 $ 1,800,000 $ 1,893,819 Minimum Target 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ Maximum Target
Interest Earnings $ 63,642 $ 67,260 $ 55,656 $ 30,269 $ 18,000 $ 18,000 $ 18,000 $ 18,469 City of Porterville
2020 Sewer Rate Study
Debt Service
FYE 2020 FYE 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Debt Service Summary
Current Debt
Principal Payment $ 724,000 $ 919,000 $ 1,028,000 $ 1,138,000 $ 1,176,000 $ 1,221,000 $ 1,265,000 $ 1,310,000 $ 1,360,000 Interest Payment 1,222,494 1,312,098 1,181,113 1,049,309 1,009,114 964,432 919,626 873,206 826,253 Total Current Debt Service $ 1,946,494 $ 2,231,098 $ 2,209,113 $ 2,187,309 $ 2,185,114 $ 2,185,432 $ 2,184,626 $ 2,183,206 $ 2,186,253 Future Debt
Principal Payment $ - $ - $ - $ - $ 1,047,035 $ 2,138,568 $ 2,229,458 $ 2,324,210 $ 2,422,988 Interest Payment - - - - 1,360,000 2,675,501 2,584,612 2,489,860 2,391,081 Total Future Debt Service $ - $ - $ - $ - $ 2,407,035 $ 4,814,069 $ 4,814,069 $ 4,814,069 $ 4,814,069 All Debt
Principal Payment $ 724,000 $ 919,000 $ 1,028,000 $ 1,138,000 $ 2,223,035 $ 3,359,568 $ 3,494,458 $ 3,634,210 $ 3,782,988 Interest Payment 1,222,494 1,312,098 1,181,113 1,049,309 2,369,114 3,639,933 3,504,238 3,363,066 3,217,334 Total Debt Service $ 1,946,494 $ 2,231,098 $ 2,209,113 $ 2,187,309 $ 4,592,148 $ 6,999,501 $ 6,998,695 $ 6,997,275 $ 7,000,322 Current Debt Service
2018 Installment Sale Agreement (Refunding 2011 A Revenue Bond) Principal Payment $ 514,000 $ 699,000 $ 798,000 $ 898,000 $ 926,000 $ 961,000 $ 995,000 $ 1,030,000 $ 1,065,000 Interest Payment 866,571 836,698 714,513 591,909 561,314 526,632 492,226 456,606 420,853 Total Debt Service $ 1,380,571 $ 1,535,698 $ 1,512,513 $ 1,489,909 $ 1,487,314 $ 1,487,632 $ 1,487,226 $ 1,486,606 $ 1,485,853 2019 Sewer Revenue Certificates of Particpation (2019 Financing Project) Principal Payment $ 210,000 $ 220,000 $ 230,000 $ 240,000 $ 250,000 $ 260,000 $ 270,000 $ 280,000 $ 295,000 Interest Payment 355,923 475,400 466,600 457,400 447,800 437,800 427,400 416,600 405,400 Total Debt Service $ 565,923 $ 695,400 $ 696,600 $ 697,400 $ 697,800 $ 697,800 $ 697,400 $ 696,600 $ 700,400 City of Porterville
2020 Sewer Rate Study
Debt Service
FYE 2020 FYE 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Future Revenue Bond Issuance
Debt Issuance Input $ - $ - $ - $ - $ 32,000,000 $ 32,000,000 $ - $ - $ - 2020 Issue 1 2 3 4 5 6 7 8 9
Principal Payment 20 years $ - $ - $ - $ - $ - $ - $ - $ - $ - Interest Payment 4.25% - - - - - - - - -
Total Debt Service $ - $ - $ - $ - $ - $ - $ - $ - $ -
2021 Issue 1 2 3 4 5 6 7 8
Principal Payment 20 years $ - $ - $ - $ - $ - $ - $ - $ - Interest Payment 4.25% - - - - - - - -
Total Debt Service $ - $ - $ - $ - $ - $ - $ - $ -
2022 Issue 1 2 3 4 5 6 7
Principal Payment 20 years $ - $ - $ - $ - $ - $ - $ -
Interest Payment 4.25% - - - - - - -
Total Debt Service $ - $ - $ - $ - $ - $ - $ -
2023 Issue 1 2 3 4 5 6
Principal Payment 20 years $ - $ - $ - $ - $ - $ -
Interest Payment 4.25% - - - - - -
Total Debt Service $ - $ - $ - $ - $ - $ -
2024 Issue 1 2 3 4 5
Principal Payment 20 years $ 1,047,035 $ 1,091,534 $ 1,137,924 $ 1,186,286 $ 1,236,703 Interest Payment 4.25% 1,360,000 1,315,501 1,269,111 1,220,749 1,170,332 Total Debt Service $ 2,407,035 $ 2,407,035 $ 2,407,035 $ 2,407,035 $ 2,407,035 2025 Issue 1 2 3 4
Principal Payment 20 years $ 1,047,035 $ 1,091,534 $ 1,137,924 $ 1,186,286 Interest Payment 4.25% 1,360,000 1,315,501 1,269,111 1,220,749 Total Debt Service $ 2,407,035 $ 2,407,035 $ 2,407,035 $ 2,407,035 City of Porterville
2020 Sewer Rate Study
Capital Improvement Plan
Project Description Funding Source FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 All Sewer CIP by Funding Source
SRF $ 1,225,740 $ 207,000 $ 121,000 $ 195,438 $ 164,954 $ 82,553 $ 85,236 $ 88,006 $ 90,866 Sewer Bond Refi 14,055,000 - 2,955,000 3,050,000 3,050,000 2,580,000 2,420,000 - - Developer Fees 2,681,421 321,198 554,223 200,000 207,000 214,000 221,000 229,000 237,000 Unfunded 37,208,055 - 4,388,000 5,746,000 3,045,000 2,682,350 2,783,642 3,188,263 1,738,911 WWTFR 67,706,101 5,085,261 1,261,928 84,590 30,687,340 30,090,178 93,109 96,135 99,259 Total All Sewer CIP by Funding Source $ 122,876,317 $ 5,613,459 $ 9,280,151 $ 9,276,028 $ 37,154,294 $ 35,649,081 $ 5,602,987 $ 3,601,404 $ 2,166,036 Sewer Infastructure CIP
Sewer Replacement Program
Phase III - Putnam/RR to Plano SRF $ 107,000
Phase IV - Baker/Murry SRF 46,000
Phase V - Murry/Harrison to Putnam SRF 118,000
Phase VI - Roche/Alley/Henrahan SRF 85,000
Total Sewer Replacement Program $ 107,000 $ 46,000 $ 118,000 $ 85,000 $ - $ - $ - $ - Island Annexation Sewer Projects
*Area 1 (456A & 457) Poplar/Brown/Wisconsin/Jaye St Sewer Bond Refi $ 1,200,000 *Area 5 (456B & 456C) Olive/Center/Cloverleaf/Jaye St Sewer Bond Refi 1,755,000 >Annexation 474 - Beverly Grand Area Boyles/Beverly/Prospect/Maston Sts Sewer Bond Refi 1,500,000 >Annexation 475 - Westfield/Jaye Area Villa/Woods/Jaye/Mulberry Sewer Bond Refi 1,550,000 >Annexation 476 - Akin/Ponca Area Yates/Worth/3rd/4th/Lincoln/Gibbons Sewer Bond Refi 3,050,000 >Annexation 478 - Cobb/Dogwood Areas Cobb/Dogwood/Elderwood/Putnam/Thurman/Harrison Sewer Bond Refi 2,580,000 >Annexation 479 - Roby Island Area Atkins/Lucy/Waukesha/Maston/Cobb/ Slaughter/Roby Sewer Bond Refi 2,420,000 Total Island Annexation Sewer Projects $ - $ 2,955,000 $ 3,050,000 $ 3,050,000 $ 2,580,000 $ 2,420,000 $ - $ - Other Projects
Lift Station Upgrade SRF $ 100,000 $ 75,000 $ 77,438 $ 79,954 $ 82,553 $ 85,236 $ 88,006 $ 90,866 Main St. @ SR 190 Casing (Poplar conn) Unfunded 58,853
Main St. @ SR 190 Vandalia Ave Pipe (Poplar conn) Unfunded 85,698 Mathew St Capacity Analysis - Lift St. No. 11 Mulberry to Henderson Developer Fees 15,000 Mulberry (Los Robles east) Unfunded 91,000
Newcomb - Henderson south to Grand Ave. - Pipe Unfunded 396,000 Hwy 190 - Jaye St. to E. St. - Pipe Unfunded 352,000
Hwy 190 - E. St. to Main St. - Pipe Unfunded 151,000
Vandalia Ave. - Main St. to Plano St. - Pipe Developer Fees 361,000 Total Other Projects $ 115,000 $ 939,000 $ 473,438 $ 79,954 $ 173,553 $ 229,787 $ 88,006 $ 90,866 Sewer Infastructure CIP by Funding Source
SRF $ 207,000 $ 121,000 $ 195,438 $ 164,954 $ 82,553 $ 85,236 $ 88,006 $ 90,866 Sewer Bond Refi - 2,955,000 3,050,000 3,050,000 2,580,000 2,420,000 - - Developer Fees 15,000 361,000 - - - - - -
Unfunded - 503,000 396,000 - 91,000 144,551 - -
Total Sewer Infastructure CIP $ 222,000 $ 3,940,000 $ 3,641,438 $ 3,214,954 $ 2,753,553 $ 2,649,787 $ 88,006 $ 90,866
TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE
City of Porterville
2020 Sewer Rate Study
Capital Improvement Plan
Project Description Funding Source FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Wastewater Treatment Facility CIP
Other Projects
Blower Building Floor Coating/Noise Attenuation WWTFR $ 125,000 Canopy for dewatering equipment WWTFR 24,928
Digester #2 and #3 Repairs, incl wastegas flare replacement and piping WWTFR 2,477,475 Digester Cleaning/Coating/Equipment Replacement WWTFR 79,349 81,928 84,590 87,340 90,178 93,109 96,135 99,259 Effluent Outfall Pump Replacement WWTFR 600,000
Emergency Generator for WWTF (200kW) WWTFR 150,000
Manhole 10A Inspection/Repair WWTFR 99,760
Reclamation Area Pipeline Installation WWTFR 100,000
Septic Station Retrofit WWTFR 70,000
Sludge/Grit Staging Area WWTFR 300,000
Sludge Line - Westwood Bridge over Tule River WWTFR 30,000 WAS Pump Replacement WWTFR 300,000
Wastewater Needs Assessment and Master Plan WWTFR 38,828 Total Other Projects $ 3,765,340 $ 111,928 $ 84,590 $ 687,340 $ 90,178 $ 93,109 $ 96,135 $ 99,259 Digester #1 and #4 Repairs
Digester Design WWTFR $ 325,000
Digester Construction Unfunded 1,500,000
Total Digester #1 and #4 Repairs $ 325,000 $ 1,500,000 $ - $ - $ - $ - $ - $ - Odor Control Project - Phase 2
Odor Control Design WWTFR $ 250,000
Odor ControlConstruction Unfunded 1,750,000
Total Odor Control Project - Phase 2 $ - $ 250,000 $ 1,750,000 $ - $ - $ - $ - $ - Office Building Repair
Office Building - Design WWTFR $ 200,000
Office Building - Relocation to temp structure WWTFR 50,000 Office Building - Remediation and Demolition WWTFR 100,000 Office Building - Construction WWTFR 700,000
Total Office Building Repair $ 350,000 $ 700,000 $ - $ - $ - $ - $ - $ - Plant #2 Evaluation & Repairs
Plant #2 - Evaluation WWTFR $ 25,000
Plant #2 - Design WWTFR 125,000
Plant #2 - Construction Unfunded 400,000
Total Plant #2 Evaluation & Repairs $ 150,000 $ 400,000 $ - $ - $ - $ - $ - $ - Plant #1 Evaluation & Repairs
Plant #1 - Evaluation Unfunded $ 25,000
Plant #1 - Design incl re-asphalt Unfunded $ 125,000
Plant #1 - Construction incl asphalt repairs Unfunded 600,000 Total Plant #1 Evaluation & Repairs $ - $ 150,000 $ 600,000 $ - $ - $ - $ - $ - City of Porterville
2020 Sewer Rate Study
Capital Improvement Plan
Project Description Funding Source FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Tertiary Treatment
Tertiary Treatment - CEQA WWTFR $ 269,921
Tertiary Treatment - Property Acquisition WWTFR $ 200,000 Tertiary Treatment - Design Unfunded 585,000 1,500,000 1,500,000 1,000,000 Tertiary Treatment - Nitrification/De-nitrification Project - Consultant Services - Plant Expansion WWTFR 200,000 30,000,000 30,000,000 Tertiary Treatment - Nitrification/De-nitrification Project - Construction Unfunded Tertiary Treatment - Construction / Sludge bed Relocation Unfunded 1,000,000 1,500,000 Total Tertiary Treatment $ 469,921 $ 785,000 $ 1,500,000 $ 31,500,000 $ 31,000,000 $ 1,000,000 $ 1,500,000 $ - Wastewater Treatment Facility CIP by Funding Source
WWTFR $ 5,060,261 $ 1,261,928 $ 84,590 $ 30,687,340 $ 30,090,178 $ 93,109 $ 96,135 $ 99,259 Unfunded - 2,635,000 3,850,000 1,500,000 1,000,000 1,000,000 1,500,000 - Total Wastewater Treatment Facility CIP $ 5,060,261 $ 3,896,928 $ 3,934,590 $ 32,187,340 $ 31,090,178 $ 1,093,109 $ 1,596,135 $ 99,259
TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE
Master Plans
MASTER PLANS - Sewer Master Plan Payback Developer Fees $ 187,141 $ 193,223 $ 200,000 $ 207,000 $ 214,000 $ 221,000 $ 229,000 $ 237,000 MASTER PLANS - Master Plan Update Developer Fees 71,533 MASTER PLANS - Comprehensive Impact Fee Study Developer Fees 47,524 MASTER PLANS - Comprehensive Impact Fee Study WWTFR 25,000 Total Master Plans $ 331,198 $ 193,223 $ 200,000 $ 207,000 $ 214,000 $ 221,000 $ 229,000 $ 237,000 Stormwater Capital Projects
STORMWATER - Programmed Capital Project Budget Unfunded $ - $ 1,250,000 $ 1,500,000 $ 1,545,000 $ 1,591,350 $ 1,639,091 $ 1,688,263 $ 1,738,911 Total Stormwater Capital Projects $ - $ 1,250,000 $ 1,500,000 $ 1,545,000 $ 1,591,350 $ 1,639,091 $ 1,688,263 $ 1,738,911 City of Porterville
2020 Sewer Rate Study
Capital Improvement Plan
Asset # Description Acq date ENR-CCI Total Life Acqusition Cost Salvage Value Other Period
Accumulated
Depreciation
Current Period
Depreciation Net Value Trended Depreciation
Replacement Cost
New Less
Deprecition (RCNLD)
Assets Summary
Total Sewer System $ 41,605,682 $ - $ 5,994,939 $ 11,599,242 $ 24,011,502 $ 57,970,875 $ 42,778,613 2602 Grit Collector Rehab 6/30/1999 1.92 240 $ 31,775 $ - $ 3,177 $ 28,597 $ - $ 60,937 $ - 5695 Chlorine Building 6/30/1999 1.92 600 279,583 - 11,183 75,488 192,912 166,215 369,961 6545 1998 Ford F-150 Pickup 2/10/1998 1.96 60 15,890 - 10,593 5,297 - 31,189 - 6896-1 2003Freightliner 5-7 Ton Dump Truck 7/1/2014 1.18 84 63,044 - - 63,044 - 74,702 - 6935-1 ISO Model 6700FR Refrigerated Composite Sampler 9/22/1999 1.92 60 13,007 - 4,553 8,455 - 24,945 - 6939-1 Repair 125hp Effluent Pump 11/9/1999 1.92 60 15,193 - 5,064 10,129 - 29,137 - 6940-1 Digester waste Gas Burner 6/1/2000 1.87 60 3,629 - 786 2,843 - 6,778 - 6983 Effluent Flow meter 24" 150 psi Outfall Line 6/9/2000 1.87 60 2,955 - 640 2,315 - 5,519 - 7046 Land- Newcomb/Morton 7/1/1953 19.37 - 22,000 - - - 22,000 - 426,058 7047 Land- Newcomb/Morton 7/2/1953 19.37 - 22,000 - - - 22,000 - 426,058 7048 Land- Newcomb/Morton 7/3/1953 19.37 - 22,000 - - - 22,000 - 426,058 7049 Land- Newcomb/Morton 7/4/1953 19.37 - 22,000 - - - 22,000 - 426,058 7050 Land- Prospect/Morton 7/5/1953 19.37 - 5,500 - - - 5,500 - 106,515 7144 Gantry Crane 9/6/2000 1.87 60 1,483 - 247 1,236 - 2,769 - 7188 Land- Underhill Property 12261 Road 216 11/3/2000 1.87 - 748,877 - - - 748,877 - 1,398,775 7191 Storage Building 6/30/2001 1.83 480 19,696 - - 8,863 10,833 16,259 19,873 7360 169 Acres land- Nuckols Property (302-010-0-03 and 302-011-0-191) 6/30/2003 1.74 - 1,144,912 - - - 1,144,912 - 1,987,097 7365 Cast Iron Case Pump 10/24/2002 1.78 120 9,799 - - 9,799 - 17,416 - 7369 Percolation Pond on the Underhill Property (89-9674) 6/30/2003 1.74 - 376,541 - - - 376,541 - 653,521 7369-1 Percolation Pond on the Underhill Property (FY2003-2004) 6/30/2004 1.63 - 34,746 - - - 34,746 - 56,744 7371 Monitoring Well FY2003 #89-9674 6/30/2003 1.74 600 128,288 - - 41,052 87,236 71,249 151,407 7450 Effluent Manhole- Teapot Dome (89-9695) 6/30/2004 1.63 480 24,724 - - 9,272 15,453 15,142 25,236 7483 Land- Hunsaker Property (163.4 acres for Percolation Pond) 10/8/2004 1.63 - 743,829 - - - 743,829 - 1,214,775 7513 Upgrade SCADA 6/30/2006 1.50 60 43,927 - - 43,927 - 65,849 - 7514 Sludge Drying Beds Expansion 6/30/2006 1.50 600 863,485 - - 224,506 638,979 336,549 957,872 7581 2008 Ford F150 4x2 Regular Cab Shortbed Pickup (EQ#6863) 4/17/2008 1.40 60 14,178 - - 14,178 - 19,823 - 7605 2008 Ford F350 with 12' Flatbed and Crane (EQ#6862) 5/2/2008 1.40 84 33,744 - - 33,744 - 47,179 - 7616 Waukesha Model#VGS11GSID Standby Engine 11/28/2007 1.46 120 282,788 - - 282,788 - 412,236 - 7668 Rotary Screw Air Compressor and Refrigerated Compressed Air Dryer 6/30/2009 1.36 120 17,318 - - 17,318 - 23,481 - 7669 Rotary Screw Air Compressor and Refrigerated Compressed Air Dryer 6/30/2009 1.36 120 17,318 - - 17,318 - 23,481 - 7670 Orival Electric Filter with 500micron Screen and Control Panel 7/30/2008 1.40 120 8,911 - - 8,911 - 12,459 - 7671 Air Conditioning Unit for Headworks Building 7/1/2008 1.40 120 7,152 - - 7,152 - 9,999 - 7672 Air Conditioning Unit for Outfall Building 7/1/2008 1.40 120 7,152 - - 7,152 - 9,999 - 7702 Reclamation Road 216 Pipeline and Weir 6/30/2010 1.32 480 161,723 - - 36,387 125,336 48,025 165,422 7739 2011Kawasaki KAF400ABFL Mule Off-Road EQ#6864 - unlicensed 4/13/2011 1.28 60 9,394 - - 9,394 - 12,035 - 7746 5 Ton 14Seer Trane HVAC - WWTF Control Building (North) 5/31/2011 1.28 120 13,000 - - 10,508 2,492 13,462 3,192 7747 5 Ton 14Seer Trane HVAC - WWTF Control Building (South) 5/31/2011 1.28 120 13,000 - - 10,508 2,492 13,462 3,192 7748 3 1/2 Ton 14 Seer Trane HVAC - WWTF Sludge Pump Station Building 5/31/2011 1.28 120 5,400 - - 4,365 1,035 5,592 1,326 7749 150 hp Turbine Pump with 150' Column (Reclamation Area Rd 216) 1/30/2011 1.28 120 23,157 - - 19,491 3,667 24,970 4,697 7847 12' Henke Blade & JRB Hyd Coupler for WWTF Loader #6865 6/14/2013 1.22 60 28,643 - - 28,643 - 34,861 - 8044 2018 Peterbilt 348 Dump Truck EQ36879 11/28/2017 1.08 120 134,593 - - 21,310 113,282 23,062 122,595 8046 Sewage Plant 7/1/1953 19.37 600 858,755 - 825,020 33,735 - 16,630,897 - 8057 Super Shredder SS6-8000 Lower walks in-line Macerator/Disintegrator 1/16/2018 1.05 60 17,239 - - 5,172 12,067 5,432 12,676 8066 2018 Ford F250 4x2 Crew Cab Pickup Truck EQ#6880 3/14/2018 1.05 60 28,508 - - 7,602 20,906 7,986 21,960 8099 Triple Seal System Submersible Mixer XRW 302211/12/2018 1.05 60 7,376 - - 984 6,393 1,033 6,715 8114 John Deere TE 4x2 Electric Utility Vehicle EQ#68834/15/2019 1.03 60 14,632 - - 732 13,900 754 14,317 8122 World Lift WRTD60 Forklift EQ#6882 4/30/2019 1.03 120 49,795 - - 830 48,965 855 50,434 8137 2019 John Deere 624L Wheel loader EQ#6884 6/27/2019 1.03 84 201,464 - - - 201,464 - 207,508 8139 Boiler Trerice - 3 way Valve Model # 940E-25K75-176/28/2019 1.03 60 10,054 - - - 10,054 - 10,356 8257 Effluent Outfall System 1/1/1986 2.71 360 118,275 - 60,897 57,378 - 319,983 - 8258 Monitoring Wells 7/1/1986 2.71 360 3,265 - 1,629 1,636 - 8,833 - 8277 Outfall To Drying Creek 6/1/1989 2.52 600 419,182 - 101,303 150,905 166,974 635,017 420,411 8281 Industrial Monitoring Manholes 6/1/1989 2.52 600 20,625 - 4,984 7,425 8,216 31,243 20,686 8285 Replace RAS Motor and Drive 6/1/1989 2.52 120 13,615 - 13,615 - - 34,281 - 89-9623 WWTF Bar Screen and Auger Conveyor 10/31/2010 1.32 480 408,681 - - 88,072 320,609 116,240 423,149 89-9636 WWTF Biological Odor Control System 10/16/2018 1.05 240 1,255,346 - - 47,075 1,208,270 49,449 1,269,194 89-9642 6 Inch Transfer Line From Digester 1 to Digester 29/30/2013 1.22 240 128,159 - - 36,846 91,313 44,846 111,138 89-9650-1WWTF Telemetry and SCADA Hardware System Upgrade 6/5/2015 1.16 120 194,295 - - 79,337 114,958 91,863 133,107 89-9658 Digester Mixing Pump and Valves 4/9/2016 1.12 120 51,514 - - 16,742 34,772 18,817 39,082 89-9659 Influent Pump Station, 4 Flygt Pumps, and VFD 4/30/2014 1.18 300 928,900 - - 191,972 736,927 227,469 873,189 89-9675 Reclamation Area Monitor Well 1/31/2011 1.28 480 28,621 - - 6,023 22,599 7,716 28,952 89-9683-1DAFT - Chain, Drive, and Flights 8/28/2014 1.18 240 109,761 - - 26,526 83,236 31,430 98,626 89-9694 WWTF Operations Building Reroof With Polyurethane Foam 6/30/2011 1.28 240 67,377 - - 26,951 40,426 34,528 51,791 9015-10 Land - Grand Ave (APN#251-350-016) 6/30/2019 1.03 - 301,285 - - - 301,285 - 310,324 9064 Sewer Lift Station /wt cons plt 7/1/1972 6.63 600 15,000 - 8,687 5,411 902 93,446 5,981 9087 Sewage Plant Addition 6/1/1979 3.87 600 5,078,995 - 2,234,488 1,833,697 1,010,810 15,741,386 3,911,218 9088 Sewer Plant Piping 6/1/1981 3.29 600 14,809 - 5,923 5,345 3,541 37,039 11,639 9089 Sewage Plant Expansion 6/1/1981 3.29 600 41,736 - 15,690 15,624 10,423 102,929 34,260 9090 Sewage Plant Expansion 6/1/1983 2.86 600 4,080 - 1,469 1,472 1,139 8,405 3,255 9091 Sewage Plant Expansion 6/1/1987 2.64 600 1,893,126 - 529,991 683,001 680,134 3,198,978 1,793,690 9338 Plant Expansion 6/30/1988 2.57 600 51,387 - 13,360 18,500 19,527 81,921 50,210 9602 Sewer Equipment, Miscellaneous Capital Repairs 6/30/1992 2.33 120 59,895 - 53,408 6,487 - 139,612 - 9606-1 WWTF Grit System Towers and Barscreens 6/30/2009 1.36 600 1,002,893 - - 200,579 802,314 271,958 1,087,831 9607 Sludge Bed Expansion - Airport 3/31/1997 1.99 360 261,266 - 37,013 156,760 67,494 386,473 134,614 9608 Sewer Manhole, Olive/Wisconsin 6/30/1997 1.99 600 1,752 - 140 631 981 1,537 1,957 9608-09 Effluent Pipeline & Land Leveling at Reclamation Site 6/30/2009 1.36 600 1,036,610 - - 207,322 829,288 281,100 1,124,404 9630 Sludge Pond Paving 6/30/1989 2.52 240 37,973 - 20,324 17,649 - 95,609 - 9631 WWTF Flow meter Rehabilitation 6/30/1993 2.23 240 4,951 - 1,980 2,970 - 11,041 - 9635 Digester Rehabilitation 6/30/1991 2.40 480 34,987 - 8,747 15,744 10,496 58,858 25,225 9638 Lift Station Pump Replacement 6/30/1990 2.46 240 36,503 - 20,077 16,426 - 89,637 - 9639-1 WWTF Huber Screw Press Sludge Dewatering and 3 Pillaerator Blowers 6/30/2017 1.08 480 4,754,075 - - 237,704 4,516,371 257,245 4,887,659 9646 Outfall Pump Drive 6/30/1991 2.40 120 14,567 - 14,567 - - 35,008 - 9648 WWTF Expansion Design 6/30/1994 2.15 240 1,227,609 - 429,663 797,945 - 2,637,673 - 9655 Temporary Sludge Beds 6/30/1993 2.23 60 85,604 - 85,604 - - 190,920 - 9666-1 Franklin Miller Spirallift Washer Grinder Compactor 11/29/2017 1.08 120 229,669 - - 36,364 193,304 39,354 209,196 9673-1 Cleaver Brooks Fire tube Boiler Model #CFC-700-2000-125HW(115/1/60)-STD/CFG 2/16/2018 1.05 120 82,790 - - 11,728 71,061 12,320 74,644 9673-2 Cleaver Brooks Fire tube Boiler Model #CFC-700-2000-125HW(115/1/60)-STD/CFG 2/16/2018 1.05 120 82,790 - - 11,728 71,061 12,320 74,644 9676 Monitoring Wells 7/1/1995 2.12 600 156,904 - 23,013 54,954 78,937 165,593 167,653 9696 WWTF Expansion From 4MGD to 8MGD 3/31/1996 2.07 600 13,487,974 - 1,416,237 4,855,671 7,216,066 12,967,642 14,919,759 9813 Digester Repair 6/30/2000 1.87 480 123,961 - 3,099 55,782 65,080 109,980 121,558 9814 Digester Repair 6/30/2000 1.87 480 1,086,358 - 27,159 488,861 570,338 963,838 1,065,294 9815 Hydrogen Sulfide Removal System 6/30/2000 1.87 480 24,344 - 609 10,955 12,780 21,599 23,871 City of Porterville
2020 Sewer Rate Study
Usage Forecast
3-yr average
CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024 CY 2025 CY 2026 CY 2027 CY 2028 Retail Usage Summary
Single Family Residential 2,362,076 2,544,313 1,974,167 2,443,120 2,455,336 2,467,613 2,479,951 2,492,350 2,504,812 2,517,336 2,529,923 2,542,573 Multi-Family Residential 503,318 484,304 405,241 490,570 493,023 495,488 497,966 500,455 502,958 505,472 508,000 510,540 Commercial/Institutional 570,647 606,507 511,233 596,534 599,517 602,514 605,527 608,555 611,597 614,655 617,729 620,817 Industrial 22,068 21,077 12,372 20,730 20,834 20,938 21,043 21,148 21,253 21,360 21,467 21,574 Landscape Irrigation 241,303 279,744 230,431 264,361 265,683 267,012 268,347 269,688 271,037 272,392 273,754 275,123 Other 165,205 180,099 154,814 174,392 175,264 176,140 177,021 177,906 178,796 179,690 180,588 181,491 Total Retail Usage Summary 3,864,617 4,116,044 3,288,258 3,989,708 4,009,657 4,029,705 4,049,854 4,070,103 4,090,453 4,110,906 4,131,460 4,152,117
0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5%
Single Family Residential
January 104,360 163,949 72,299 134,155 134,825 135,499 136,177 136,858 137,542 138,230 138,921 139,616 February 96,186 126,931 94,284 111,559 112,116 112,677 113,240 113,806 114,375 114,947 115,522 116,100 March 126,077 129,327 56,319 127,702 128,341 128,982 129,627 130,275 130,927 131,581 132,239 132,900 April 178,891 128,599 54,666 153,745 154,514 155,286 156,063 156,843 157,627 158,415 159,207 160,004 May 223,134 232,216 28,462 227,675 228,813 229,957 231,107 232,263 233,424 234,591 235,764 236,943 June 226,588 281,732 207,213 238,511 239,704 240,902 242,107 243,317 244,534 245,756 246,985 248,220 July 277,166 264,395 270,913 270,825 272,179 273,540 274,907 276,282 277,663 279,052 280,447 281,849 August 275,233 349,428 343,943 322,868 324,482 326,105 327,735 329,374 331,021 332,676 334,339 336,011 September 262,691 274,181 295,157 277,343 278,730 280,123 281,524 282,932 284,346 285,768 287,197 288,633 October 229,824 219,989 232,436 227,416 228,553 229,696 230,845 231,999 233,159 234,325 235,496 236,674 November 215,867 231,877 172,573 206,772 207,806 208,845 209,889 210,939 211,994 213,054 214,119 215,189 December 146,059 141,689 145,902 144,550 145,273 145,999 146,729 147,463 148,200 148,941 149,686 150,434 Total Single Family Residential 2,362,076 2,544,313 1,974,167 2,443,120 2,455,336 2,467,613 2,479,951 2,492,350 2,504,812 2,517,336 2,529,923 2,542,573 Multi-Family Residential
January 30,905 39,700 26,296 35,303 35,479 35,656 35,835 36,014 36,194 36,375 36,557 36,740 February 30,425 30,437 30,619 30,431 30,583 30,736 30,890 31,044 31,199 31,355 31,512 31,670 March 37,344 31,693 19,066 34,519 34,691 34,865 35,039 35,214 35,390 35,567 35,745 35,924 April 43,309 30,310 17,684 36,810 36,994 37,179 37,364 37,551 37,739 37,928 38,117 38,308 May 46,269 41,871 8,619 44,070 44,290 44,512 44,734 44,958 45,183 45,409 45,636 45,864 June 43,072 47,888 38,790 43,250 43,466 43,684 43,902 44,122 44,342 44,564 44,787 45,011 July 48,970 41,754 41,582 44,102 44,323 44,544 44,767 44,991 45,216 45,442 45,669 45,897 August 47,067 53,884 54,651 51,867 52,127 52,387 52,649 52,912 53,177 53,443 53,710 53,979 September 50,331 46,727 48,850 48,636 48,879 49,124 49,369 49,616 49,864 50,113 50,364 50,616 October 43,521 40,209 43,386 42,372 42,584 42,797 43,011 43,226 43,442 43,659 43,877 44,097 November 46,164 45,564 40,935 44,221 44,442 44,664 44,888 45,112 45,338 45,564 45,792 46,021 December 35,941 34,267 34,763 34,990 35,165 35,341 35,518 35,695 35,874 36,053 36,234 36,415 Total Multi-Family Residential 503,318 484,304 405,241 490,570 493,023 495,488 497,966 500,455 502,958 505,472 508,000 510,540 Commercial/Institutional
January 31,288 42,385 27,333 36,837 37,021 37,206 37,392 37,579 37,767 37,956 38,145 38,336 February 32,707 37,287 35,638 34,997 35,172 35,348 35,525 35,702 35,881 36,060 36,240 36,422 March 42,149 36,840 21,482 39,495 39,692 39,890 40,090 40,290 40,492 40,694 40,898 41,102 April 47,645 38,652 19,332 43,149 43,364 43,581 43,799 44,018 44,238 44,459 44,682 44,905 May 51,331 55,719 3,001 53,525 53,793 54,062 54,332 54,604 54,877 55,151 55,427 55,704 June 47,919 58,907 52,303 53,043 53,308 53,575 53,843 54,112 54,382 54,654 54,928 55,202 July 52,405 50,231 53,566 52,067 52,328 52,589 52,852 53,117 53,382 53,649 53,917 54,187 August 53,170 72,589 73,512 66,424 66,756 67,090 67,425 67,762 68,101 68,441 68,784 69,128 September 57,967 61,162 69,296 62,808 63,122 63,438 63,755 64,074 64,394 64,716 65,040 65,365 October 55,398 54,983 55,513 55,298 55,574 55,852 56,132 56,412 56,694 56,978 57,263 57,549 November 57,959 60,523 59,036 59,173 59,469 59,766 60,065 60,365 60,667 60,970 61,275 61,581 City of Porterville
2020 Sewer Rate Study
Usage Forecast
3-yr average
CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024 CY 2025 CY 2026 CY 2027 CY 2028 December 40,709 37,229 41,221 39,720 39,918 40,118 40,318 40,520 40,723 40,926 41,131 41,337 Total Commercial/Institutional 570,647 606,507 511,233 596,534 599,517 602,514 605,527 608,555 611,597 614,655 617,729 620,817 Industrial
January 1,140 1,519 700 1,330 1,336 1,343 1,350 1,356 1,363 1,370 1,377 1,384 February 1,271 1,363 944 1,317 1,324 1,330 1,337 1,344 1,350 1,357 1,364 1,371 March 2,065 1,634 6 1,850 1,859 1,868 1,877 1,887 1,896 1,906 1,915 1,925 April 1,482 1,484 20 1,483 1,490 1,498 1,505 1,513 1,520 1,528 1,536 1,543 May 2,681 2,053 3 2,367 2,379 2,391 2,403 2,415 2,427 2,439 2,451 2,463 June 1,753 1,949 1,370 1,691 1,699 1,708 1,716 1,725 1,733 1,742 1,751 1,759 July 1,416 2,027 1,846 1,763 1,772 1,781 1,790 1,799 1,808 1,817 1,826 1,835 August 2,528 2,505 2,634 2,556 2,568 2,581 2,594 2,607 2,620 2,633 2,646 2,660 September 1,833 1,814 1,448 1,698 1,707 1,715 1,724 1,733 1,741 1,750 1,759 1,767 October 2,100 1,819 1,346 1,755 1,764 1,773 1,781 1,790 1,799 1,808 1,817 1,826 November 2,348 1,825 1,177 1,783 1,792 1,801 1,810 1,819 1,828 1,838 1,847 1,856 December 1,451 1,085 878 1,138 1,144 1,149 1,155 1,161 1,167 1,173 1,178 1,184 Total Industrial 22,068 21,077 12,372 20,730 20,834 20,938 21,043 21,148 21,253 21,360 21,467 21,574 Landscape Irrigation
January 3,907 11,024 2,441 7,466 7,503 7,540 7,578 7,616 7,654 7,692 7,731 7,769 February 2,821 8,051 3,927 5,436 5,463 5,490 5,518 5,546 5,573 5,601 5,629 5,657 March 3,712 10,898 959 7,305 7,342 7,378 7,415 7,452 7,489 7,527 7,565 7,602 April 14,739 8,463 1,587 11,601 11,659 11,717 11,776 11,835 11,894 11,953 12,013 12,073 May 19,707 22,096 2,189 20,902 21,006 21,111 21,217 21,323 21,429 21,536 21,644 21,752 June 21,709 33,341 23,247 26,099 26,229 26,361 26,492 26,625 26,758 26,892 27,026 27,161 July 34,450 32,246 29,950 32,215 32,376 32,538 32,701 32,864 33,029 33,194 33,360 33,527 August 31,840 41,229 46,287 39,785 39,984 40,184 40,385 40,587 40,790 40,994 41,199 41,405 September 32,614 36,851 43,555 37,673 37,862 38,051 38,241 38,432 38,625 38,818 39,012 39,207 October 30,724 30,584 36,965 32,758 32,921 33,086 33,251 33,418 33,585 33,753 33,922 34,091 November 30,561 31,425 23,349 28,445 28,587 28,730 28,874 29,018 29,163 29,309 29,456 29,603 December 14,519 13,536 15,975 14,677 14,750 14,824 14,898 14,972 15,047 15,123 15,198 15,274 Total Landscape Irrigation 241,303 279,744 230,431 264,361 265,683 267,012 268,347 269,688 271,037 272,392 273,754 275,123 Other
January 954 3,678 924 2,316 2,328 2,339 2,351 2,363 2,374 2,386 2,398 2,410 February 979 2,709 1,352 1,844 1,853 1,862 1,872 1,881 1,891 1,900 1,910 1,919 March 1,593 2,972 359 2,283 2,294 2,305 2,317 2,328 2,340 2,352 2,364 2,375 April 5,225 3,205 1,095 4,215 4,236 4,257 4,279 4,300 4,321 4,343 4,365 4,387 May 16,940 15,728 203 16,334 16,416 16,498 16,580 16,663 16,746 16,830 16,914 16,999 June 21,425 23,528 19,888 21,614 21,722 21,830 21,939 22,049 22,159 22,270 22,382 22,493 July 25,099 25,788 25,741 25,543 25,670 25,799 25,928 26,057 26,188 26,319 26,450 26,582 August 27,152 32,166 30,578 29,965 30,115 30,266 30,417 30,569 30,722 30,876 31,030 31,185 September 23,881 26,932 27,644 26,152 26,283 26,415 26,547 26,679 26,813 26,947 27,082 27,217 October 18,071 21,069 22,189 20,443 20,545 20,648 20,751 20,855 20,959 21,064 21,169 21,275 November 19,717 16,272 14,553 16,847 16,932 17,016 17,101 17,187 17,273 17,359 17,446 17,533 December 4,169 6,052 10,288 6,836 6,871 6,905 6,939 6,974 7,009 7,044 7,079 7,115 Total Other 165,205 180,099 154,814 174,392 175,264 176,140 177,021 177,906 178,796 179,690 180,588 181,491 City of Porterville
2020 Sewer Rate Study
Capital Costs Allocation
Estimated ALLOCATION PERCENTAGES ALLOCATION AMOUNTS
Costs Flow BOD TSS Flow BOD TSS
CAPITAL COSTS ALLOCATION
Phase III - Putnam/RR to Plano $0 100% $0 $0 $0
Phase IV - Baker/Murry 46,000 100% 46,000 0 0
Phase V - Murry/Harrison to Putnam 118,000 100% 118,000 0 0 Phase VI - Roche/Alley/Henrahan 85,000 100% 85,000 0 0
*Area 1 (456A & 457) Poplar/Brown/Wisconsin/Jaye St 1,200,000 100% 1,200,000 0 0 *Area 5 (456B & 456C) Olive/Center/Cloverleaf/Jaye St 1,755,000 100% 1,755,000 0 0 >Annexation 474 - Beverly Grand Area Boyles/Beverly/Prospect/Maston Sts 1,500,000 100% 1,500,000 0 0 >Annexation 475 - Westfield/Jaye Area Villa/Woods/Jaye/Mulberry 1,550,000 100% 1,550,000 0 0 >Annexation 476 - Akin/Ponca Area Yates/Worth/3rd/4th/Lincoln/Gibbons 3,050,000 100% 3,050,000 0 0 >Annexation 478 - Cobb/Dogwood Areas Cobb/Dogwood/Elderwood/Putnam/Thurman/Harrison 2,580,000 100% 2,580,000 0 0 >Annexation 479 - Roby Island Area Atkins/Lucy/Waukesha/Maston/Cobb/ Slaughter/Roby 2,420,000 100% 2,420,000 0 0 Lift Station Upgrade 769,740 100% 769,740 0 0
Main St. @ SR 190 Casing (Poplar conn) 58,853 100% 58,853 0 0 Main St. @ SR 190 Vandalia Ave Pipe (Poplar conn) 85,698 100% 85,698 0 0 Mathew St Capacity Analysis - Lift St. No. 11 Mulberry to Henderson 0 100% 0 0 0 Mulberry (Los Robles east) 91,000 100% 91,000 0 0
Newcomb - Henderson south to Grand Ave. - Pipe 396,000 100% 396,000 0 0 Hwy 190 - Jaye St. to E. St. - Pipe 352,000 100% 352,000 0 0 Hwy 190 - E. St. to Main St. - Pipe 151,000 100% 151,000 0 0 Vandalia Ave. - Main St. to Plano St. - Pipe 361,000 100% 361,000 0 0 Blower Building Floor Coating/Noise Attenuation 0 50% 50% 0 0 0 Canopy for dewatering equipment 0 50% 50% 0 0 0
Digester #2 and #3 Repairs, incl wastegas flare replacement and piping 0 50% 50% 0 0 0 Digester Cleaning/Coating/Equipment Replacement 840,840 50% 50% 0 420,420 420,420 Effluent Outfall Pump Replacement 600,000 50% 50% 0 300,000 300,000 Emergency Generator for WWTF (200kW) 0 50% 50% 0 0 0
Manhole 10A Inspection/Repair 0 50% 50% 0 0 0
Reclamation Area Pipeline Installation 0 100% 0 0 0
Septic Station Retrofit 0 50% 50% 0 0 0
Sludge/Grit Staging Area 0 50% 50% 0 0 0
Sludge Line - Westwood Bridge over Tule River 30,000 50% 50% 0 15,000 15,000 WAS Pump Replacement 0 50% 50% 0 0 0
Wastewater Needs Assessment and Master Plan 0 34% 33% 33% 0 0 0 Digester #1 and #4 Repairs 0 50% 50% 0 0 0
Digester Design 0 50% 50% 0 0 0
Digester Construction 1,500,000 50% 50% 0 750,000 750,000 Odor Control Project - Phase 2 0 50% 50% 0 0 0
Odor Control Design 250,000 50% 50% 0 125,000 125,000
Odor ControlConstruction 1,750,000 50% 50% 0 875,000 875,000 Office Building - Design 0 34% 33% 33% 0 0 0
Office Building - Relocation to temp structure 0 34% 33% 33% 0 0 0 Office Building - Remediation and Demolition 0 34% 33% 33% 0 0 0 Office Building - Construction 700,000 34% 33% 33% 238,000 231,000 231,000 Plant #2 Evaluation & Repairs 0 34% 33% 33% 0 0 0
Plant #2 - Evaluation 0 34% 33% 33% 0 0 0
Plant #2 - Design 0 34% 33% 33% 0 0 0
Plant #2 - Construction 400,000 34% 33% 33% 136,000 132,000 132,000 Plant #1 - Evaluation 25,000 34% 33% 33% 8,500 8,250 8,250 City of Porterville
2020 Sewer Rate Study
Capital Costs Allocation
Estimated ALLOCATION PERCENTAGES ALLOCATION AMOUNTS
Costs Flow BOD TSS Flow BOD TSS
Plant #1 - Design incl re-asphalt 125,000 34% 33% 33% 42,500 41,250 41,250 Plant #1 - Construction incl asphalt repairs 600,000 34% 33% 33% 204,000 198,000 198,000 Tertiary Treatment - Design 4,585,000 50% 50% 0 2,292,500 2,292,500 Tertiary Treatment - Nitrification/De-nitrification Project - Consultant Services - Plant Expansion 60,200,000 50% 50% 0 30,100,000 30,100,000 Tertiary Treatment - Nitrification/De-nitrification Project - Construction 0 50% 50% 0 0 0 Tertiary Treatment - Construction / Sludge bed Relocation 12,500,000 50% 50% 0 6,250,000 6,250,000 MASTER PLANS - Sewer Master Plan Payback 1,999,223 34% 33% 33% 679,736 659,744 659,744 MASTER PLANS - Master Plan Update 0 34% 33% 33% 0 0 0
MASTER PLANS - Comprehensive Impact Fee Study 0 34% 33% 33% 0 0 0 MASTER PLANS - Comprehensive Impact Fee Study 0 34% 33% 33% 0 0 0 STORMWATER - Programmed Capital Project Budget 14,588,504 100% 14,588,504 0 0 TOTAL $117,262,858 27.7% 36.2% 36.2% $32,466,531 $42,398,164 $42,398,164
OVERALL COST ALLOCATION
2021/22 through 2030/31 Expenses
O&M $62,296,828 50% 25% 25% 31,148,414 15,574,207 15,574,207 Existing - Debt Service 60,445,012 34% 33% 33% 20,551,304 19,946,854 19,946,854 Capital Costs 117,262,858 28% 36% 36% 32,466,531 42,398,164 42,398,164 Fixed Assets - WWTP $17,594,180 34% 33% 33% 5,982,021 5,806,079 5,806,079 TOTAL $257,598,878 35.0% 32.5% 32.5% 90,148,270 83,725,304 83,725,304 City of Porterville
2020 Sewer Rate Study
Capital Costs Allocation
Customer Dwelling Flow BOD TSS BOD TSS Usage
Classification Accounts Units MGD mg/L mg/L lb/Day lb/Day (HCF/Mo)
RESIDENTIAL CUSTOMER CLASSES
Single Family Residential - Units 11,804 39,779 3.0153 250 175 6,287 4,401 120,934 Multifamily Residential - Units 656 7,675 1.0669 250 175 2,224 1,557 42,788 Trailer Park - Spaces 263 1,178 0.1638 250 175 341 239 6,569 48,633
COMMERCIAL CUSTOMER CLASSES
Car Wash, Laundry, Packing House 23 0.0278 100 150 23 35 1,115 Bars, Hotels w/o Dining 13 0.0164 200 200 27 27 659
Stores, Offices, Markets 695 0.6105 150 150 764 764 24,487 Hospital, Rest Homes 27 0.0202 250 100 42 17 811
Multi-Unit with Cons 4 0.0013 250 150 3 2 51
Mortuaries 2 0.0025 800 800 17 17 101
Service Stations and Auto Repairs 63 0.0695 180 280 104 162 2,788 Restaurants 98 0.0834 800 600 557 417 3,346
Churches 61 0.0746 150 150 93 93 2,991
Schools 51 0.0518 130 100 56 43 2,079
City of Porterville 23 0.0215 150 150 27 27 862
State Hospital 1 0.0013 250 100 3 1 51
PVPUD 1 2,544
Industrial 15 0.0215 150 100 27 18 862
Septic Tanks 7 0.0114 5,400 12,000 512 1,139 456
TOTALS 13,807 51,177 5.2597 11,108 8,959 210,950
City of Porterville
2020 Sewer Rate Study
Capital Costs Allocation
Customer Dwelling COST ALLOCATION Total Revenue Projected Projected Monthly Classification Accounts Units Flow BOD TSS Requirement Annual Water Use (HCF) Rates ($/HCF) Flat Rate
RESIDENTIAL CUSTOMER CLASSES
Single Family Residential - per unit 11,804 39,779 $1,905,248 $1,746,947 $1,516,201 $5,168,396 1,471,362 $3.51 $36.50 Multifamily Residential - per unit 656 7,675 674,105 618,096 536,455 1,828,656 520,590 3.51 19.90 Trailer Park - per space 263 1,178 103,484 94,886 82,353 280,722 79,917 3.51 19.90
COMMERCIAL CUSTOMER CLASSES
Car Wash, Laundry, Packing House 23 $17,572 $6,445 $11,986 $36,002 13,570 $2.66 Bars, Hotels w/o Dining 13 10,383 7,616 9,443 27,443 8,019 3.43 Stores, Offices, Markets 695 385,775 212,234 263,144 861,153 297,922 2.90 Hospital, Rest Homes 27 12,779 11,718 5,811 30,308 9,869 3.08 Multi-Unit with Cons 4 799 732 545 2,076 617 3.37
Mortuaries 2 1,597 4,687 5,811 12,096 1,234 9.81
Service Stations and Auto Repairs 63 43,929 29,001 55,934 128,864 33,925 3.80 Restaurants 98 52,715 154,671 143,830 351,216 40,710 8.63 Churches 61 47,124 25,925 32,144 105,193 36,392 2.90
Schools 51 32,747 15,614 14,892 63,252 25,289 2.51
City of Porterville 23 13,578 7,470 9,262 30,310 10,486 2.90 State Hospital 1 799 732 363 1,894 617 3.08
Industrial - per hcf 15 13,578 7,470 6,175 27,222 10,486 2.60 Septic Tanks - per 1,000 gallons 7 7,188 142,368 392,264 541,820 5,551 97.61 130.49 4,152
TOTALS 13,806 48,633 $3,323,400 $3,086,611 $3,086,611 $9,496,622 2,566,555 Allocation percentages 35.0% 32.5% 32.5%
Annual cost requirements $3,323,400 $3,086,611 $3,086,611 $9,496,622 City of Porterville
2020 Sewer Rate Study
Capital Costs Allocation
Customer Revenue Under 2024 Test Year
Classification Existing Rates Cost of Service Change
RESIDENTIAL CUSTOMER CLASSES
Single Family Residential - per unit $3,806,082 $8,066,854 111.9% Multifamily Residential - per unit 2,350,453 2,855,174 21.5% Trailer Park - per space 360,824 438,305 21.5%
RESIDENTIAL SUBTOTAL $6,517,359 $11,360,333 74.3%
COMMERCIAL CUSTOMER CLASSES
Car Wash, Laundry, Packing House $13,027 $56,180 331.3% Bars, Hotels w/o Dining 9,783 42,819 337.7%
Stores, Offices, Markets 309,839 1,343,628 333.7%
Hospital, Rest Homes 10,757 47,371 340.4%
Multi-Unit with Cons 734 3,238 341.2%
Mortuaries 2,406 18,875 684.6%
Service Stations and Auto Repairs 46,138 201,174 336.0% Restaurants 120,908 547,955 353.2%
Churches 15,285 164,129 973.8%
Schools 7,587 98,882 1,203.3%
City of Porterville 8,703 47,291 443.4%
State Hospital 672 2,961 340.4%
COMMERCIAL SUBTOTAL $545,839 $2,574,503 371.7%
Industrial - per hcf $9,752 $42,468 335.5%
Septic Tanks - per 1,000 gallons $94,260 $845,222 796.7% Porter Vista $200,052 $265,000 32.5%
TOTALS $7,367,262 $15,087,526 104.7%
City of Porterville
2020 Sewer Rate Study
Rate Design: Alternative 1 Rates - Existing Rate Structure Description Existing Rates 2023/24 2024/25 2025/26 2026/27 2027/2028 5-Year
Cumulative
Increase
Revenue Increase 32.5% 32.5% 8.5% 8.5% 8.5% 124.2%
RESIDENTIAL
Single Family Residential - per unit $26.87 $30.20 $39.95 $43.35 $47.00 $51.00 74.9% Multifamily Residential - per unit 25.52 28.69 37.96 41.18 44.65 48.45 75.0% Trailer Park - per space 25.52 28.69 37.96 41.18 44.65 48.45 75.0% COMMERCIAL - per hcf
Car Wash, Laundry, Packing House $0.96 $2.66 $3.52 $3.82 $4.14 $4.50 331.3% Bars, Hotels w/o Dining 1.22 3.43 4.54 4.93 5.34 5.80 337.7% Stores, Offices, Markets 1.04 2.90 3.83 4.16 4.51 4.90 333.7% Hospital, Rest Homes 1.09 3.08 4.07 4.42 4.80 5.20 340.4% Multi-Unit with Cons 1.19 3.37 4.46 4.84 5.25 5.70 341.2% Mortuaries 1.95 9.81 13.00 14.10 15.30 16.60 684.6%
Service Stations and Auto Repairs 1.36 3.80 5.04 5.47 5.93 6.43 336.0% Restaurants 2.97 8.63 11.44 12.41 13.46 14.61 353.2%
Churches 0.42 2.90 3.83 4.16 4.51 4.90 973.8%
Schools 0.30 2.51 3.32 3.60 3.91 4.24 1,203.3%
City of Porterville 0.83 2.90 3.83 4.16 4.51 4.90 443.4% State Hospital 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Industrial - per hcf $0.93 $2.60 $3.44 $3.74 $4.05 $4.40 335.5% Septic Tanks - per 1,000 gallons $22.70 $130.50 $172.90 $187.60 $203.55 $220.85 796.7% REVENUE RECOVERED FROM RATES $7,167,210 $9,548,698 $12,632,662 $13,707,949 $14,863,322 $16,130,383 ACTUAL COST OF SERVICE $9,496,622 $12,583,023 $13,652,580 $14,813,050 $16,072,159 VARIANCE - $ $52,077 $49,639 $55,369 $50,272 $58,224
VARIANCE - % 0.5% 0.4% 0.4% 0.3% 0.4%
City of Porterville
2020 Sewer Rate Study
Rate Design: Alternative 2 Rates - Cost of Service
Description Existing Rates 2023/24 2024/25 2025/26 2026/27 2027/2028 5-Year
Cumulative
Increase
Revenue Increase 32.5% 32.5% 8.5% 8.5% 8.5% 124.2%
RESIDENTIAL
Single Family Residential - per unit $26.87 $36.50 $48.35 $52.50 $56.95 $61.80 111.9% Multifamily Residential - per unit 25.52 19.90 26.35 28.55 31.00 33.65 21.5% Trailer Park - per space 25.52 19.90 26.35 28.55 31.00 33.65 21.5% COMMERCIAL - per hcf
Car Wash, Laundry, Packing House $0.96 $2.66 $3.52 $3.82 $4.14 $4.50 331.3% Bars, Hotels w/o Dining 1.22 3.43 4.54 4.93 5.34 5.80 337.7% Stores, Offices, Markets 1.04 2.90 3.83 4.16 4.51 4.90 333.7% Hospital, Rest Homes 1.09 3.08 4.07 4.42 4.80 5.20 340.4% Multi-Unit with Cons 1.19 3.37 4.46 4.84 5.25 5.70 341.2% Mortuaries 1.95 9.81 13.00 14.10 15.30 16.60 684.6%
Service Stations and Auto Repairs 1.36 3.80 5.04 5.47 5.93 6.43 336.0% Restaurants 2.97 8.63 11.44 12.41 13.46 14.61 353.2%
Churches 0.42 2.90 3.83 4.16 4.51 4.90 973.8%
Schools 0.30 2.51 3.32 3.60 3.91 4.24 1,203.3%
City of Porterville 0.83 2.90 3.83 4.16 4.51 4.90 443.4% State Hospital 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Industrial - per hcf $0.93 $2.60 $3.44 $3.74 $4.05 $4.40 335.5% Septic Tanks - per 1,000 gallons $22.70 $130.50 $172.90 $187.60 $203.55 $220.85 796.7% REVENUE RECOVERED FROM RATES $7,167,210 $9,507,220 $12,589,044 $13,662,201 $14,822,526 $16,087,810 ACTUAL COST OF SERVICE $9,496,622 $12,583,023 $13,652,580 $14,813,050 $16,072,159 VARIANCE - $ $10,598 $6,021 $9,621 $9,476 $15,651
VARIANCE - % 0.1% 0.0% 0.1% 0.1% 0.1%
City of Porterville
2020 Sewer Rate Study
Rate Design: Alternative 3 Rates - Residential Consolidation Description Existing Rates 2023/24 2024/25 2025/26 2026/27 2027/2028 5-Year
Cumulative
Increase
Revenue Increase 32.5% 32.5% 8.5% 8.5% 8.5% 124.2%
RESIDENTIAL
Single Family Residential - per unit $26.87 $29.55 $39.10 $42.40 $46.00 $49.90 71.2% Multifamily Residential - per unit 25.52 29.55 39.10 42.40 46.00 49.90 80.3% Trailer Park - per space 25.52 29.55 39.10 42.40 46.00 49.90 80.3% COMMERCIAL - per hcf
Car Wash, Laundry, Packing House $0.96 $2.66 $3.52 $3.82 $4.14 $4.50 331.3% Bars, Hotels w/o Dining 1.22 3.43 4.54 4.93 5.34 5.80 337.7% Stores, Offices, Markets 1.04 2.90 3.83 4.16 4.51 4.90 333.7% Hospital, Rest Homes 1.09 3.08 4.07 4.42 4.80 5.20 340.4% Multi-Unit with Cons 1.19 3.37 4.46 4.84 5.25 5.70 341.2% Mortuaries 1.95 9.81 13.00 14.10 15.30 16.60 684.6%
Service Stations and Auto Repairs 1.36 3.80 5.04 5.47 5.93 6.43 336.0% Restaurants 2.97 8.63 11.44 12.41 13.46 14.61 353.2%
Churches 0.42 2.90 3.83 4.16 4.51 4.90 973.8%
Schools 0.30 2.51 3.32 3.60 3.91 4.24 1,203.3%
City of Porterville 0.83 2.90 3.83 4.16 4.51 4.90 443.4% State Hospital 1.09 3.08 4.07 4.42 4.80 5.20 340.4%
Industrial - per hcf $0.93 $2.60 $3.44 $3.74 $4.05 $4.40 335.5% Septic Tanks - per 1,000 gallons $22.70 $130.50 $172.90 $187.60 $203.55 $220.85 796.7% REVENUE RECOVERED FROM RATES $7,167,210 $9,547,994 $12,633,376 $13,702,998 $14,865,100 $16,128,620 ACTUAL COST OF SERVICE $9,496,622 $12,583,023 $13,652,580 $14,813,050 $16,072,159 VARIANCE - $ $51,373 $50,353 $50,418 $52,050 $56,461
VARIANCE - % 0.5% 0.4% 0.4% 0.4% 0.4%
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2024-0019
ADOPTING A REGULATION
TO MAKE CONSERVATION A CALIFORNIA WAY OF LIFE
WHEREAS:
1. Many Californians and urban water suppliers have taken bold, creative, and sometimes-challenging steps over the years to use water more efficiently.
2. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards.
3. Water Code section 10609.2, added by AB 1668, directs the State Water Resources Control Board (State Water Board or Board), in coordination with the Department of Water Resources (Department), to adopt, through a regulation, standards for the efficient use of water and performance measures for commercial, industrial, and institutional water use. (Wat.
Code, § 10609.2, subd. (a).) These standards, along with other standards, such as indoor residential water use standards set by the Legislature in Water Code section 10609.4, standards for water losses set by the Board pursuant to Water Code section 10608.34, and variances, guidelines and methodologies adopted by the Board, are to be used by urban retail water suppliers to set urban water use objectives. (Wat. Code, § 10609.2, subd. (e); Wat. Code, §§ 10609.12, 10609.14, 10609.16, 10609.20.)
4. Water Code section 10609, subdivision (c) established principles to apply to the development and implementation of the long-term standards and the urban water use objective, chief among them that urban retail water suppliers shall retain the flexibility to develop their water supply portfolios, design and implement water conservation strategies, educate their customers, and enforce their rules to meet their urban water use objective.
5. As part of its process for developing recommendations, the Department led 29 public meetings, seven working group workshops, and six stakeholder discussions. The Department provided recommendations to the State Water Board in November 2022. The State Water Board relied on those recommendations in developing the attached regulation. 2 6. Prior to starting the official rulemaking process, the State Water Board conducted public engagement efforts to inform the framework for the regulation. Board staff hosted 12 public workshops covering an array of topics, including how the regulatory framework might specifically impact trees, parklands, and local wastewater management, and how it might impact water suppliers, communities, and the state. After the rulemaking began, the State Water Board held two public hearings, receiving 140 oral public comments, and staff held 21 working group meetings to better understand issues and concerns raised about the draft regulatory framework by interested parties. Staff also hosted 20 meetings with individual urban retail water suppliers serving disadvantaged communities.
Over the course of the multiple comment periods, more than 1,000 formal comment letters were received.
7. The California Water Supply Strategy, the California Water Plan, the Water Resilience Portfolio, and the Climate Adaptation Strategy recognize the importance of Making Conservation a California Way of Life in safeguarding water resources and preparing California communities for more extreme drought and precipitation conditions.
8. The standards for efficient outdoor water use are achievable now and in the future. More than 70 percent of Californians receive water from suppliers that, according to available data, are already meeting or exceeding their urban water use objectives and will through 2035, when the outdoor standards become a Landscape Efficiency Factor (LEF) of
0.63. Protecting Water Resources
9. As much as 50 percent of the water applied outdoors in the urban sector is lost due to wind, evaporation, or runoff caused by inefficient irrigation methods or systems. Climate-ready landscapes reduce dry-weather and wet-weather runoff. With deeply rooted climate-appropriate plants and soils enriched with compost and mulch, these landscapes require less irrigation and excel at slowing, spreading, and absorbing precipitation.
Limiting runoff protects our water resources from harmful pesticides, nutrients, metals and bacteria, keeping them drinkable, fishable, and swimmable.
3 Mitigating and Adapting to Climate Change
10.Conserving water can reduce energy use, which reduces greenhouse gas emissions and other co-emitted air pollutants. Energy savings come primarily from avoiding energy used for extracting, conveying, treating, distributing, and the end uses of water (especially heating), as well as the energy use for collecting, treating, and discharging or reusing wastewater.
11.As plants in urban landscapes, trees can require four to ten times less water than turf and can be irrigated much more efficiently, ensuring more of the applied water reaches and is used by the plants. Expanding the urban forest can therefore save water; it can also reduce the urban heat island effect and sequester carbon.
12.California is preparing for changing precipitation patterns, including more frequent and intense atmospheric river storms, more frequent and intense droughts, and other weather extremes. Water conservation will help California communities be more resilient to climate whiplash. In recent droughts, for example, water conservation has been shown to increase carryover storage and enhance water supply reliability.
13.Actions suppliers may take to implement the regulation could include programs to incentivize more efficiently irrigated climate-ready landscapes.
In addition to the benefits noted above, climate-appropriate plants need less water in the summer and can provide more habitat for pollinators, insects, and birds. Furthermore, cultivating climate-ready landscapes with the addition of compost and mulch can build healthier soils by using organic materials that might otherwise go to landfills.
Advancing Affordability and Equity
14.Water conservation has been shown to make water more affordable by avoiding the need for more expensive supplies. Intentional effort will be critical to ensure that low-income households can benefit from water conservation programs.
15.Studies have found less tree canopy in disadvantaged communities in California cities. Expanding the urban forest can lower water use, and water bills, as well as reduce cooling needs and costs. 4 THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts a new article 1 in California Code of Regulations, title 23, division 3, chapter 3.5, as appended to this resolution as a regulation, and renumbers existing articles in chapter 3.5.
2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for review and filing with the Secretary of State.
3. If, prior to OAL filing the regulations with the Secretary of State, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or the Executive Director’s designee may make such changes.
4. The State Water Board directs staff to identify frequently asked questions and broadly disseminate information regarding the regulation.
5. Directs staff to maintain momentum from the regulation’s development and to continue robust engagement with representatives of the water supplier, academic, advocacy communities, and others to promote effective implementation of the regulation, identify challenges, and use those mechanisms to provide feedback to future board informational items, including pursuant to resolved paragraph 12.
6. The State Water Board directs staff to coordinate with the Department to identify and pursue opportunities to update landscape area frequently and as soon as feasible, ensuring stakeholder engagement in the process. The Board recognizes the importance of landscape area data for this framework and the challenges involved in updating the data.
7. The State Water Board directs staff to consider affordability and equity when implementing the regulation. To this end, the Board further directs staff to, to the degree possible:
a. In coordination with the Department, prioritize technical assistance and compliance support for suppliers that are struggling to meet regulatory obligations and serving areas where the majority of customers reside in disadvantaged communities. This technical assistance may include helping water agency staff understand the 5 regulation and its requirements; providing support regarding alternative compliance; identifying possible sources of funding for the supplier’s efforts; developing or aggregating outreach and education materials; conducting analyses of the accuracy of relevant data; and evaluating whether a supplier could have qualified for any variances.
b. Engage with suppliers and other organizations to help forge partnerships dedicated to multi-benefit water conservation projects. c. Assess potential equity impacts, including the benefits, of the implementation of the regulation.
d. Develop guidance for suppliers regarding strategies to support low-income households. Such strategies may include integrating conservation and low-income rate assistance programs; partnering with community-based organizations to develop or expand programs for the direct installation of water efficient fixtures, appliances, and landscapes; and changing rate structures.
8. The State Water Board will make every effort to implement the regulation in a manner that protects water resources, mitigates and adapts to climate change impacts, and accelerates nature-based solutions. To these ends, the Board directs staff to, to the degree possible:
a. Coordinate with CalRecycle to develop guidance for suppliers regarding strategies that can be used to help Californians to conserve water while also supporting local and statewide efforts to divert organic waste from landfills, improve soil health with the addition of compost and mulch, and reduce emissions of short-lived climate pollutants.
b. Coordinate with CalFIRE to develop guidance for suppliers regarding strategies to keep existing trees healthy, identify climateready trees suitable for suppliers’ service areas, and increase the urban forest, in alignment with state goals, and coordinate with CalFIRE to provide technical assistance regarding the variance for the irrigation of existing trees.
6 c. Coordinate with the California Energy Commission to better integrate and leverage water and energy programs and initiatives, such as the Building Energy Benchmarking Program and the Residential Appliance Saturation Study.
d. Coordinate with the California Department of Fish and Wildlife to develop guidance and strategies that help Californians conserve water while also supporting urban biodiversity.
e. Coordinate with the California Air Resources Board to better document and quantify the net greenhouse gas emission reductions associated with water conservation programs and projects.
9. The State Water Board will, to the degree possible, work to streamline suppliers’ data reporting by integrating relevant data, including, but not limited to, data that have been previously reported to the state. To this end, the Board directs staff to:
a. Facilitate annual reporting by compiling and making relevant data publicly available in a machine-readable format.
b. Evaluate the sources and quality of relevant data and develop recommendations to better facilitate data streamlining by minimizing duplicative reporting and integrating data reported through other systems and to other state agencies.
c. Explore ways to develop an online reporting form that incorporates relevant data.
d. To better integrate water conservation and certain supplier operations data, include in the reporting form a field where a supplier can voluntarily provide a link to analyses the supplier conducted in the course of setting fees or charges for water service, or other pertinent information.
10.The State Water Board commits to integrating urban water conservation and the goals of this regulation into other State Water Board programs, to the degree appropriate, including:
7 a. Evaluating whether and how the Board could allocate funding to support water conservation efforts. Division of Financial Assistance staff should consider whether and how to incorporate conservation into Drinking Water and Clean Water Intended Use Plans, or the Drinking Water State Revolving Fund and Clean Water State Revolving Fund Policies, as appropriate.
11.With respect to suppliers’ possible violations of the regulation, the State Water Board values fair, consistent, progressive, and transparent enforcement. To this end, the Board directs staff to:
a. Consider the sequencing of actions outlined by the Legislature in Water Code section 10609.26.
b. Consider what conservation measures the supplier is taking and whether those measures are resulting in the expected and intended savings.
c. Consider the degree to which the supplier is using or is eligible to use the variances and provisions available, including the variance for the irrigation of existing trees.
d. Consider the degree to which the supplier is taking reasonable steps to assist and support conservation investments for disadvantaged communities and low-income households.
12.Unless and until directed otherwise, staff shall bring periodic information items to the Board describing the progress staff have made in carrying out the actions identified in this resolution and summarizing the progress suppliers have made in calculating and meeting urban water objectives and carrying out CII performance measures.
13.By December 2028, staff shall present at a Board meeting an update on progress made under the regulations and across the state, coupled with a proposed strategy, developed following public engagement, for Board consideration to prioritize compliance and enforcement actions, recognizing the efforts undertaken by that time to make conservation a California way of life.
8 14.Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 3, 2024.
AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
Courtney Tyler
Clerk to the Board
Item No. 21.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Consideration of Proposed Establishment of Ordinance Safeguarding Parental Rights in Education and Child Upbringing
SOURCE: City Manager's Office
COMMENT: At its meeting on March 4, 2025, the City Council approved Vice Mayor McKervey's request for an item to be added to the March 18, 2025, agenda to consider the establishment of an Ordinance Safeguarding Parental Rights in Education and Child Upbringing. The proposed Ordinance is included as an attachment for City Council’s consideration.
Should the City Council desire to move forward with the establishment of a new Ordinance, a public hearing will be scheduled for a future City Council meeting for consideration of adoption, followed by a second reading.
RECOMMENDATION: That the City Council provide direction on the proposed establishment of an Ordinance Safeguarding Parental
Rights in Education and Child Upbringing.
ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
1 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
SAFEGUARDING PARENTAL RIGHTS IN EDUCATION AND CHILD UPBRINGING WHEREAS, the City of Porterville, as a constitutional charter city, upholds the fundamental liberties guaranteed by the U.S. Constitution and Bill of Rights, including the fundamental right of parents to direct the upbringing, education, and care of their children; WHEREAS, The Fourteenth Amendment and U.S. Supreme Court rulings (Meyer v.
Nebraska (1923), Pierce v. Society of Sisters (1925), Wisconsin v. Yoder (1972), Troxel v.
Granville (2000)) affirm that parents—not the state—hold the primary role in directing the upbringing of their children;
WHEREAS, The Chino Valley Unified School District case established that parental notification policies regarding a minor child's requested gender identity change are legally valid and enforceable under California and federal law;
WHEREAS, The Family Educational Rights and Privacy Act (FERPA) provides parents with the right to access their child’s educational records, reinforcing their right to be informed about any significant decisions affecting their child;
WHEREAS, The City of Porterville recognizes the need for transparency in public education, ensuring that parents are informed of all sexual education materials and healthrelated services provided by schools; WHEREAS, The City of Porterville further acknowledges that the distribution of contraceptives, emergency contraception, or referrals to abortion providers on school grounds constitutes a matter of parental concern, and such actions shall require explicit parental consent;
WHEREAS, The City of Porterville affirms that school officials are mandated reporters under California Penal Code § 11165.1, requiring them to report any suspected sexual abuse, statutory rape, or endangerment of minors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:
SECTION 1. PURPOSE AND INTENT
This ordinance establishes the right of parents to be informed about critical decisions regarding their children’s education, sexual health-related instruction, and well-being in public educational institutions and provides enforcement mechanisms to hold non-compliant entities accountable.
SECTION 2. DEFINITIONS
2 Parent: A person who has legal custody, guardianship, or parental rights over a minor child.
Minor child: Any individual under the age of 18 enrolled in an educational institution within the jurisdiction of Porterville.
Educational Institution: Any public, charter, or government-funded school operating within the City of Porterville.
Parental Notification Policy: A policy requiring school officials to notify a parent if their minor child requests to be identified by a gender different from their biological sex, use a different name or pronouns, or access gender-based accommodations (such as locker rooms or restrooms).
Legal Assistance Fund: A dedicated fund to assist parents in legal actions against government entities violating this ordinance.
Sexual Health Services: Includes condoms, birth control, emergency contraception (Plan B), abortion referrals, and any medically related discussions concerning a student's sexual activity.
SECTION 3. PARENTAL NOTIFICATION REQUIREMENT
A. Parental Notification for Gender Identity Changes
1. Public schools must notify a parent within three (3) school days if their minor child:
- Requests to be identified by a gender different from their biological sex. - Requests to be referred to by different pronouns or a different name. - Requests access to gender-specific facilities (such as restrooms or locker rooms) based on gender identity.
2. Exceptions:
- Notification may be delayed only if the school has documented reasonable suspicion that disclosure would result in imminent, severe harm to the student. - If a school delays notification, they must immediately report the concern to the appropriate child welfare authorities and document the decision.
B. Parental Notification of Sexual Education Materials
1. Schools must provide parents with full transparency regarding any sexual education curriculum, including:
- Lesson plans, videos, third-party speakers, and instructional materials. - Any external organizations providing instruction on sexual health. 3 2. Parents must be given the opportunity to review all materials at least 30 days before presentation and opt-out without discrimination or retaliation.
C. Prohibition of Sexual Health Services Distribution on School Grounds
1. No public school within the City of Porterville may distribute condoms, birth control, emergency contraception (Plan B), or any other contraceptive without explicit parental consent.
2. No public school shall facilitate or refer students to abortion providers while on school grounds.
3. No educator or school employee shall provide guidance or recommendations regarding sexual activity unless required under mandated reporting laws.
D. Compliance with Mandatory Reporting Laws for Underage Sexual Activity
1. Educators and school officials must report any disclosed sexual activity involving minors when required under California Penal Code § 11165.1.
2. Parental notification must be provided in cases where mandated reporting laws require parental involvement for the safety of the minor.
SECTION 4. ENFORCEMENT AND LEGAL REMEDIES
A. Right to Sue for Violations of Parental Rights
1. Any parent whose rights under this ordinance have been violated shall have standing to bring a civil action against:
- Any public school, school district, or government agency that fails to comply with the parental notification policy.
- Any government official or employee who knowingly obstructs compliance with this ordinance.
2. Parents may seek:
- Injunctive relief to prevent further violations.
- Monetary damages for harm caused by non-compliance.
- Recovery of legal fees and court costs incurred in the legal action.
B. City-Sponsored Legal Assistance for Parents
1. The City of Porterville shall establish a Legal Assistance Fund to help parents pursue legal action against government entities violating this ordinance.
2. This fund shall provide financial assistance for attorney fees, court filing fees, and expert testimony.
4 SECTION 5. STRICT SCRUTINY REQUIREMENT
Any government action or policy interfering with parental rights shall be subject to strict scrutiny and must demonstrate:
1. A compelling government interest.
2. That the action is narrowly tailored and the least restrictive means of achieving that interest.
SECTION 8. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, clauses, or phrases hereof be declared invalid or unenforceable.
SECTION 9. EFFECTIVE DATE
The foregoing ordinance shall take effect thirty (30) days from the date of the passage and adoption. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code Section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
SECTION 10. CEQA REVIEW.
The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA Guidelines section 15303 [conversion of an existing structure from one use to another in conjunction with minor changes to the facility]. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines Section 15062.
SECTION 11. CONSTRUCTION.
The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. / /
/ /
5 PASSED, APPROVED AND ADOPTED this _______day of ____________, 2025.
By:
Greg Meister, Mayor
ATTEST: ___________________________
Jason Ridenour, City Clerk
Item No. 22.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Consideration of Letter of Opposition to Assembly Bill 1333 SOURCE: City Manager's Office
COMMENT: At its meeting on March 4, 2025, the City Council approved Mayor Meister’s request for an item to be added to the March 4, 2025, agenda to consider a letter of opposition to Assembly Bill 1333. The proposed letter of opposition and Assembly Bill 1333 are attached for City Council’s consideration.
RECOMMENDATION: That the City Council consider the draft letter of opposition to Assembly Bill 1333.
ATTACHMENTS: 1. Letter of Opposition to Assembly Bill 1333
2. Assembly Bill 1333
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
On behalf of the City of Porterville and with the full support of our City Council, I write to express strong opposition to AB 1333. This bill is not only an unfunded mandate that further erodes local control, but it also presents a direct attack on fundamental property rights and the constitutional right to self-defense.
Under AB 1333, if a homeowner is forced to defend their home against a violent intruder and that intruder is killed, the state could find the homeowner liable for homicide—even though they were acting in self-defense. This is an outrageous violation of the wellestablished Castle Doctrine and a complete betrayal of the most basic liberty interest: the right to defend one’s life and property. No government has the right to criminalize lawful self-defense.
This bill also forces municipalities to comply with costly and unnecessary contract reviews, shifting state responsibilities onto local governments without funding. As a result, cities like Porterville will be forced to cut essential services or raise taxes on already overburdened residents. It is yet another example of Sacramento’s growing trend of increasing government overreach, while simultaneously weakening the rights of individuals and communities to protect themselves.
The people of Porterville will not stand for a government that punishes law-abiding citizens for defending their homes while giving criminals more rights than their victims. We demand that our elected representatives respect the Constitution and oppose AB 1333.
Sincerely,
Greg Meister
Mayor, City of Porterville
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1333
Introduced by Assembly Member Zbur
February 21, 2025
An act to amend Section 197 of the Penal Code, relating to crimes. legislative counsel’s digest
AB 1333, as introduced, Zbur. Crimes: homicide.
Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified.
Existing law establishes certain circumstances in which homicide is justifiable, as specified.
This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property. The bill would additionally clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger.
By expanding the scope of the crime of homicide, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
99 The people of the State of California do enact as follows:
line 1 SECTION 1. Section 197 of the Penal Code is amended to line 2 read:
line 3 197. (a) Homicide is also justifiable when committed by any line 4 person in any all of the following cases:
line 5 (1) When resisting any attempt to murder any person, or to line 6 commit a felony, person or to do some great bodily injury upon line 7 any person.
line 8 (2) When committed in defense of habitation, property, or line 9 person, against one who manifestly intends or endeavors, by line 10 violence or surprise, to commit a felony, or against one who line 11 manifestly intends and endeavors, of a person, against one who line 12 manifestly intends or endeavors in a violent, riotous, or tumultuous line 13 manner, to enter the habitation of another for the purpose of line 14 offering violence to any person therein.
line 15 (3) When committed in the lawful defense of such person, or line 16 of a spouse, parent, child, master, mistress, or servant of such line 17 person, when there is reasonable ground to apprehend a design to line 18 commit a felony or to do some great bodily injury, and imminent line 19 danger of such design being accomplished; but such person, or the line 20 person in whose behalf the defense was made, if he or she was the line 21 assailant or engaged in mutual combat, must really and in good line 22 faith have endeavored to decline any further struggle before the line 23 homicide was committed. to do some great bodily injury, and line 24 imminent danger of such design being accomplished. line 25 (4) When necessarily committed in attempting, by lawful ways line 26 and means, to apprehend any person for any felony committed, or line 27 in lawfully suppressing any riot, or in lawfully keeping and line 28 preserving the peace.
line 29 (b) Homicide is not justifiable when committed by a person in line 30 all of the following cases:
line 31 (1) When the person was outside of their residence and knew line 32 that using force likely to cause death or great bodily injury could line 33 have been avoided with complete safety by retreating. line 34 (2) When the person used more force than was reasonably line 35 necessary to defend against a danger.
line 36 (3) When the person was the assailant, engaged in mutual line 37 combat, or knowingly engaged in conduct reasonably likely to 99 AB 1333 — 2 —
line 1 provoke a person to commit a felony or do some great bodily line 2 injury, except if either of the following circumstances apply:
line 3 (A) The person reasonably believed that they were in imminent line 4 danger of death or great bodily injury, and had exhausted every line 5 reasonable means to escape such danger other than the use of line 6 force likely to cause death or great bodily injury. line 7 (B) In good faith, the person withdrew from the encounter with line 8 the other assailant or assailants and indicated clearly to the other line 9 assailant or assailants that the person desired to withdraw and line 10 terminated the use of any force, but the other assailant or assailants line 11 continued or resumed the use of force.
line 12 SEC. 2. No reimbursement is required by this act pursuant to line 13 Section 6 of Article XIIIB of the California Constitution because line 14 the only costs that may be incurred by a local agency or school line 15 district will be incurred because this act creates a new crime or line 16 infraction, eliminates a crime or infraction, or changes the penalty line 17 for a crime or infraction, within the meaning of Section 17556 of line 18 the Government Code, or changes the definition of a crime within line 19 the meaning of Section 6 of Article XIII B of the California line 20 Constitution.
O
99 — 3 — AB 1333
Item No. 23.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Consideration of Appointment of City Council Representatives to Porterville Airport Committee
SOURCE: City Manager's Office
COMMENT: At its meeting on March 4, 2025, the City Council adopted Resolution 22-2025 establishing the Porterville Airport Committee. The committee is comprised of nine members, including two City Council Members and seven public members. With the establishment of the Porterville Airport Committee, there are two vacant Council Member positions available for appointment.
RECOMMENDATION: That the City Council consider appointing two City Council Members to serve on the Porterville Airport Committee.
ATTACHMENTS: 1. Resolution No. 22-2025
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 24.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Nomination of a City Public Transit Representative Alternate Member for the Governing Board of the Tulare County Association of Governments (TCAG)
SOURCE: City Manager's Office
COMMENT: There is currently a vacancy for the City Public Transit Representative Alternate Member on the Tulare County Association of Governments (TCAG) Governing Board that must be filled by a Council Member from a Tulare County city that directly provides Transit services in Tulare County. This is the position vacated by Mayor Greg Meister with his appointment to serve as the City of Porterville representative on the TCAG Governing Board. Liz Wynn of Visalia currently serves as the Transit Representative Member. This appointment will be made by the City Selection Committee at its next meeting scheduled for April 21, 2025.
The City Council has been asked to nominate its preferred candidate for consideration by the City Selection Committee.
RECOMMENDATION: That the City Council select a candidate to nominate for appointment by the City Selection Committee as the City Public Transit Representative Alternate Member to the
Governing Board of the Tulare County Association of
Governments (TCAG).
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 25.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Nomination of an Alternate Member to Serve on the Local Agency Formation Commission (LAFCO)
SOURCE: City Manager's Office
COMMENT: The City Selection Committee is seeking nominations for an Alternate Member to serve on the Local Agency Formation Commission (LAFCO) for the term ending the first Monday of May 2029. Steve Harrell of the City of Tulare is currently serving as the Alternate member. The Tulare County LAFCO is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within each county. The Commission's efforts are directed to seeing that services are provided efficiently and economically while agricultural and open-space lands are protected. This appointment will be made by the City Selection Committee at its next meeting scheduled for April 21, 2025.
The City Council has been asked to nominate its preferred candidate for consideration by the City Selection Committee.
RECOMMENDATION: That the City Council select a candidate to nominate for appointment by the City Selection Committee to serve as the Alternate Member on the Local Agency Formation
Commission (LAFCO) for the term ending the first Monday of May 2029.
ATTACHMENTS: 1. City Selection Committee Meeting Notice - April 21, 2025
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Item No. 25.
Final Approver: Jason Ridenour, Interim City Manager
COUNTY OF TULARE
CLERK OF THE BOARD OF SUPERVISORS
JASON T. BRITT
County Administrative Officer/
Clerk of the Board
MELINDA BENTON
Chief Clerk
Administration Building 2800 W. Burrel Ave. Visalia, CA 93291 TEL: (559) 636-5002 FAX: (559) 733-6898 March 7, 2025
TO: CITY SELECTION COMMITTEE
Dear Mayors:
It is necessary to schedule a meeting of the City Selection Committee to appoint an Alternate Member to the Local Agency Formation Commission (LAFCO) seat for a term ending May (1st Monday) 2029. Council member Steve Harrell, City of Tulare, is currently serving as the Alternate member.
There will be a TCAG meeting on Monday, April 21, 2025 at 1:00 p.m. at the Tulare Ag Auditorium, 4437 S. Laspina, Tulare, and the City Selection Committee will meet right before at 12:45 p.m. to make the appointment. As a reminder, if you are unable to attend you can select your TCAG member to represent your City at the meeting.
For this appointment the City Selection Committee will follow Section 30ii of your Rules of Procedures:
30. Appointments to Boards, Authorities, Committees, and Commissions. ii. For appointments to new terms on boards, authorities, committees, and commissions for which the appointment may be made from any city within the County, the Committee in its discretion may select any Mayor or other member of a City Council for such appointment. To provide greater transparency in the Committee’s appointments process and allow additional time for Committee members to consider such decisions while complying with the Brown Act, the Committee adopts the following process as its primary method for considering nominations for such open appointments:
(a) The Clerk of the Committee shall give at least 30 days’ advance written notice to Committee members and the City Managers or Administrators of each City of all such appointments to be requested of the Committee.
Each Committee member may then submit to the Clerk of the Committee his or her written nominations of eligible persons to fill such positions.
Such written nominations shall be submitted to the Clerk of the Committee only and the Clerk of the Committee in turn shall transmit copies of all such written nominations to the Committee members as part of the Clerk of the Committee’s distribution of agenda materials for the relevant Committee meeting.
(b) At the relevant Committee meeting, when the agenda item requesting such appointment is called, then the Presiding Officer shall first entertain any written nominations in the order received by the Clerk of the Committee as motions for appointment, accept any seconds to the written nominations, and call the question on such motions. If no written nominations are received or if motions for such appointments fail, then the Presiding Officer may accept nominations and seconds from the floor and proceed accordingly with voting on the appointments.
Written nominations are due Thursday, April 10, 2025 by 5:00 p.m. and can be emailed to [email protected] or mailed to:
Clerk of the Board
Attn: City Selection Committee Clerk
2800 W. Burrel Ave.
Visalia, CA 93291
If you have any questions, please contact me at [email protected] or call me directly at (559) 636-5007.
Thank you.
Sincerely,
/s/ Melinda Benton
Melinda Benton
City Selection Committee Clerk
Item No. 26.
CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Consideration of Cannabis Community Benefit Fund Allocations, Establishment of Community Benefit Non-Profit Grant Program and Community Benefit Small Business Grant Program
SOURCE: City Manager's Office
COMMENT: Chapter 15 Article VII of the Porterville Municipal Code outlines the regulation of cannabis dispensaries within the City of Porterville. The operation of a cannabis dispensary requires the approval of a regulatory permit, which is approved by a Development Agreement. The City Council previously adopted Ordinance Nos. 1886, 1887, and 1902, adopting development agreements for Coast to Coast Caregivers Corp.
DBA Culture Cannabis Club, HAVEN #7 LLC, and Cannabis Express Inc. Section 8 Community Relations, Employment, and Wages of each cannabis development agreement outlines a Community Benefits Program that is funded through the cannabis development agreements.
The development agreements outline that a community benefits program is to be funded by each cannabis business owner in the amount of $30,000 or 1% of the owner’s gross receipts, whichever is greater, from the commercial operation on the premises. The agreements state that the community benefits program can include such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, and special social and community organizations.
The community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.
The City has been collecting funds in accordance with the adopted development agreements. The current available balance in the Community Benefits Program is $164,767.30. On January 13, 2025, the Cannabis Committee reviewed the Community Benefits Program Item No. 26.
funding, draft categorical allocations of funds, draft Community Benefit Non-Profit Grant Program, and draft Community Benefit Small Business Grant Program. The Cannabis Committee directed staff to draft an agenda item for the City Council’s consideration.
The committee recommendation is for the Community Benefit Program to fund a Community Benefit Non-Profit Grant Program with 40 percent ($65,906) of the fund balance, a Community Benefit Small Business Grant Program with 20 percent ($32,953) of the fund balance, and 40 percent ($65,906) of the fund balance for resources for the Police Department’s SMART Team to assist individuals experiencing homelessness including but not limited to funds to assist with rapid rehousing utilizing motel/hotel and transportation vouchers.
The draft Community Benefit Non-Profit Grant Program and draft Community Benefit Small Business Grant Program
applications/guidelines have been attached for the City Council’s review and consideration. The intent of the grant programs is to support nonprofit organizations with grant funds to benefit the community and provide grants to small businesses to support local economic development. It is proposed that the community benefits program be evaluated on an annual basis to provide flexibility in the utilization of the funds to make the greatest impact to the community. Both grant programs propose to make available grants of up to $5,000 per applying organization or business based on need and availability. Due to the anticipated interest in the non-profit grant program, it is proposed that a lottery selection be performed if the eligible applications received exceed the funding amount available. The small business grant is intended to be evaluated on a first-come, first-serve basis. The Community Development Department will review all applications for completeness and eligibility then submit applications to the City Council for consideration for both grant programs.
RECOMMENDATION: That the City Council:
1. Consider the proposed categorical allocation of
funds in the community benefits program funds,
funding a Community Benefit Non-Profit Grant
Program with 40 percent ($65,906) of the fund
balance, Community Benefit Small Business Grant
Program with 20 percent ($32,953) of the fund
balance, and allocating 40 percent ($65,906) of the
fund balance for resources for the Police
Department’s SMART Team.
2. Consider the draft resolution establishing a Community Benefit Non-Profit Grant Program and Community Benefit
Item No. 26.
Small Business Grant Program.
ATTACHMENTS: 1. Draft Community Benefit Non-Profit Grant Application
2. Draft Community Benefit Small Business Grant
Application
3. Draft Resolution Community Benefit Grant Program
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
CITY OF PORTERVILLE
Cannabis Community Benefit Non-Profit Grant Program
Grant APPLICATION
Community Development Department • 291 N. Main St. • Porterville, CA 93257 (559) 782-7460 • Office Hours: Mon. – Fri. 8 a.m. – 5 p.m. www.ChoosePorterville.com • [email protected]