Agenda packet — Porterville City Council, May 6, 2025 (part 1 of 5)

City Council Agenda May 6, 2025

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

PORTERVILLE, CALIFORNIA
MAY 6, 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/87095378741?pwd=isxFAWeaiePVFsw7JKTl0craJQBaYa.1 Or via Telephone: +1 669 900 6833 Webinar ID: 870 9537 8741 Passcode: 797743 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: Aldo Gutierrez. Agency claimed against: City of Porterville.

2 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three cases in which facts are not yet known to potential plaintiffs.
3 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One case. 4 - Government Code Section 54957 - Public Employee
Appointment/Employment: Title: City Manager
City Council Agenda May 6, 2025

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6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Green
Invocation

PRESENTATIONS

2025 Edison Scholar - Judith Gomez
Employee of the Month - Hugo Espinoza
Porterville Police Department Recognized for Excellence in Policy and Training

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

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

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

I. Staff Informational Reports

1. Code Enforcement Quarterly Report

2. Building Permit Activity Quarterly Report FY 2024-2025 (January - March 2025)

3. Streets Performance Measure Quarterly Report FY 2024-2025 (January - March 2025)

4. Golf Course Quarterly Report FY 2024-2025 (January-March 2025)

5. City Commission and Committee Attendance Quarterly Report FY 2024- 2025 (January - March 2025)

6. City Council Member Appointments Attendance Quarterly Report FY 2024- 2025 (January - March 2025)

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 April 15, 2025
Re: Considering approval of the City Council draft Minutes of April 15, 2025.

2. Authorization to Source Additional Vendors for Police Vehicle Upfit City Council Agenda May 6, 2025

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Re: Consideration to authorize staff to complete the upfitting of two Ford Explorer vehicles and related equipment with other vendors, as needed, for a total cost not to exceed $43,000 plus tax.

3. Authorization to Award Freedom Fest Fireworks Contract Re: Consideration to award the Freedom Fest Fireworks contract to Fireworks & Stage FX America in the amount of $30,000.

4. Authorization to Award Contract - City Hall HVAC Metasys Upgrade Re: Consideration to award the contract for the City Hall HVAC Metasys Upgrade to Bedard Controls, in the amount of $48,070.

5. Amendment No. 4 to Consultant Services Contract - Main Street Reconstruction Project
Re: Consideration of Amendment No. 4 to QK, Inc. Service Agreement for the Main Street Reconstruction project, at an agreed-upon fee of $79,150.

6. Asphalt Grinding Program for Fiscal Year 2025-2026
Re: Consider authorizing staff to utilize annual grinding contractor J. Mack Enterprises, Inc. for Fiscal Year 2025-2026 Street Maintenance and Overlay Program.

7. Annual Emulsion Program for Fiscal Year 2025/2026
Re: Consider authorizing staff to secure an emulsion distributor for the Fiscal Year 2025/2026 Self-Performed Street Maintenance Program.

8. Street Striping Program for Fiscal Year 2025/2026
Re: Consideration of authorizing staff to utilize annual striping contractor T&T Pavement Markings and Products Inc. for Fiscal Year 2025/2026 to support the SelfPerformed Street Maintenance and Overlay Program.

9. Authorization for 2025/2026 Annual Asphalt Maintenance Program Hauling Services
Re: Consideration of Council authorization to utilize an annual hauling services contractor, Mike Clark Trucking, for the Fiscal Year 2025-2026.

10. Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2025/2026
Re: Considering approval of the 2025/2026 Self-Performed Street Maintenance Program and authorizing the expenditure of $3,000,000.

11. Tule River Parkway, Phase 3 Budget Augmentation
Re: Council to consider the appropriation of $440,000 for the needed additional work and contingencies for the Tule River Parkway, Phase 3 Project, and consider a draft resolution in support of the Program Supplement to Cooperative Agreement.

12. "Center" Friant-Kern Canal Turnout & Basin Project Budget Augmentation Re: Consideration to authorize the appropriation of $44,000 in Water Replacement Funds and ten percent contingency for the necessary budget augmentation for the "Center" Friant-Kern Canal Turnout and Basin Project located just north of Avenue 160 at the Friant-Kern Canal.

13. Intent to Set a Public Hearing to Transition to Phase III of the City's Water Conservation Plan
City Council Agenda May 6, 2025

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Re: Consider approval to schedule a Public Hearing on May 20, 2025, to consider the transition from Phase IV to Phase III of the City's Water Conservation Plan.

14. Approval of Community Civic Event - Porterville Kiwanis - Mother's Day Vendor Market - May 11, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Mother's Day Vendor Market" event on Sunday, May 11, 2025, from 10:00 AM to 5:00 PM at Veterans Park.

15. Approval of Community Civic Event - Tulare County Junior Livestock Show and Community Fair - Porterville Fair - May 14-18, 2025 Re: Consideration to approve the Community Civic Event application from the Tulare County Jr. Livestock Show and Community Fair, to hold the Porterville Fair from Wednesday, May 14, 2025, to Sunday, May 18, 2025.

16. Approval of Community Civic Event - Porterville Kiwanis - 2nd Annual Watermelon Festival - July 13, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "2nd Annual Watermelon Festival" event on Sunday, July 13, 2025, from 10:00 AM to 6:00 PM, at Veterans Park.

17. Consideration to Amend Charter Review Committee Establishment Resolution No. 16-2025
Re: Council to consider the amendment of Resolution No. 16-2023, a resolution establishing the Charter Review Committee.

18. Financial Status Reports
Re: Consideration to accept the Financial Status Reports as presented.

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

20. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts relative to flood event.

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

PUBLIC HEARINGS

21. Public Hearing Regarding Proposed 2025 Public Transportation Service Changes
Re: Conduct a public hearing to receive public comment on proposed changes to public transportation services in response to projected funding reductions, consider three service modification options presented by staff, and provide direction on a preferred course of action.

22. Della Farms Residential Development
Re: Council to hold the Public Hearing to receive public comments, and consider the adoption of the Initial Study/ Mitigated Negative Declaration, a resolution amending the General Plan Land Use Diagram, a resolution approving the Conditional Use City Council Agenda May 6, 2025

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Permit, a resolution approving the Tentative Subdivision Map, and a resolution requesting that Tulare LAFco initiate proceedings for annexation.

SCHEDULED MATTERS

23. Consideration of Appointment to the CDBG Citizens’ Advisory and Housing Opportunity Committee
Re: Consideration to appoint an individual to the to the Citizens' Advisory and Housing Opportunity Committee for a one-year term.

24. Consideration of Appointments to the Porterville Municipal Airport Committee Re: Council to consider the appointments to the Porterville Municipal Airport Committee.

25. Modification to Cargo/Shipping Container Policy
Re: Council to provide direction to staff on the enforcement of current cargo and shipping container policies.

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

1. Tulare County Task Force on Homelessness - April 16, 2025

2. Tulare County Association of Governments (TCAG) - April 21, 2025

3. Covid Ad Hoc Committee - April 21, 2025

4. Tulare County Economic Development Corp. (TCEDC) - April 23, 2025

5. Military Banner Program Committee Meeting - April 23, 2025

6. Tulare County Association of Governments (TCAG) Board Retreat - May 1, 2025

7. Eastern Tule Groundwater Sustainability Agency - May 1, 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 May 20, 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 City Council Agenda May 6, 2025

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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 – MAY 6, 2025
SUBJECT: 1. Code Enforcement Quarterly Report
SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between January 1, 2025, through March 31, 2025. During the 3rd quarter of fiscal year 2024/2025, each department of the City contributed towards recording 871 code enforcement issues. Of these, 673 were corrected and 198 were continued into the 4th quarter of 2024/2025 for additional corrective action. The Code Enforcement Division issued 47 Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers. During the past quarter, Code Enforcement received thirteen (13) complaints specific to recreational vehicles, boats, and trailers, of which ten (10) had been completed at the time of this report.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Code Enforcement FY 24-25 Q3
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Jason Ridenour, Interim City Manager
Code Enforcement Report, Quarter 3, FY 24-25
Q3 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 26 17 65.38% $100 42 18 25 0 $8,500 Animal Control Services 3 1 33.33% $200 1 2 4 0 $1,400
Animals- agricultural animals 2 2 100.00% $500 11 24 16 0 $25,500 Animals- barking dogs 23 12 52.17% $1,000 18 8 2 0 $28,000 Animals- roosters 18 2 11.11% $2,500 25 0 0 0 $62,500
Building Department/ Permits 17 0 0.00% FY 24-25 Total Assesment 97 52 47 0 $125,900 Business License Inquiries 2 2 100.00%
CEO, Building permit check 2 2 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Business License 8 4 50.00% Collected 173 128 142 0 443 CEO, Shopping Carts 94 94 100.00% Disposed (Lbs.) 0 0 0 0 0 CEO, Sign Removal 92 92 100.00%
Code Enforcement, General 49 42 85.71% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Community Development, General or MULTIPLE violations 8 0 0.00% Voluntary Abatement 47 29 28 0 104 Engineering 6 0 0.00% Certified Voluntary Abatement 0 0 8 0 8 Fences and freestanding walls 3 0 0.00% Towed 7 0 1 0 8 Fire Hazard 2 1 50.00% Total Vehicles Abated 54 29 37 0 120 Fire Lane Blocked 2 1 50.00%
Garbage Collection/Illegal Dumping 16 6 37.50%
Graffiti 16 15 93.75% Weed Abatement Q1 Q2 Q3 Q4 Total
Health Hazard 5 0 0.00% Properties Noticed 78 13 1623 0 0 Homeless Encampments 94 87 92.55% Completed by Owner 53 12 11 0 76 Housing Issue (Structure Related) 4 0 0.00% Assigned to Contractor (private) 3 3 0 0 6 Itinerant Vendor, Solicitor, Peddler 20 20 100.00% Assigned to Contractor (city owned) 0 0 0 0 0 Landscaping/trees- private property 9 6 66.67% Completed by Contractor 3 4 0 0 7 Meter Request 120 104 86.67% Admin Citations 42 22 16 0 80 Neglected property/trash & debris 10 2 20.00%
Noise Complaint 2 1 50.00%
Outdoor Storage 3 1 33.33%
Parks 11 9 81.82%
Police/ Traffic Enforcement 33 26 78.79%
Potholes 38 32 84.21%
Refuse Can Replacement / Repair 8 6 75.00%
Refuse Tracking 1 0 0.00%
Report Leak 25 17 68.00%
Sidewalk Condition 15 5 33.33%
Signs- In Public Right of Way 2 1 50.00%
Signs- Review 1 0 0.00%
Signs- Temporary 1 0 0.00%
Stop Light Issue 4 4 100.00%
Code Enforcement Report, Quarter 3, FY 24-25
Storm Water 7 7 100.00%
Street Light Issue 6 6 100.00%
Street Sweeping 4 2 50.00%
Transit Department 2 0 0.00%
Vehicles- inoperable vehicles 20 15 75.00%
Vehicles- Parked on lawn 4 4 100.00%
Vehicles- RVs/boats/etc 13 10 76.92%
Water Waste 8 4 50.00%
Weed Abatement 12 11 91.67%
Q3 Total 871 673 77.27%
CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: 2. Building Permit Activity Quarterly Report FY 2024-2025 (January - March 2025)
SOURCE: Engineering and Project Management
COMMENT:

The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of January, February and March 2025. The two main categories include new residential permits issued and new commercial permits issued.
3rd Quarter of FY 2023/2024 compared to 3rd Quarter of FY 2024/2025 New residential permits issued during the 3rd quarter of 2024/25 (53) showed a

47.2% increase from the 3rd quarter of 2023/24 (36). New commercial permits issued during the 3rd quarter of 2024/25 (1) showed no change from the 3rd quarter of 2023/24 (1).

Year-to-Date (July 2024 to March 2025)
New residential permits issued this fiscal year (145) are up 98.6% compared to the same period last fiscal year (73). The number of commercial permits issued this fiscal year (3) is down 40% from the same period last fiscal year (5).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - Jan 2025

2. Building Permit Activity - February 2025

3. Building Permit Activity - March 2025
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: 3. Streets Performance Measure Quarterly Report FY 2024-2025 (January - March 2025)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, microsurfacing, and pothole repair efforts for the third quarter of FY 2024- 2025 (January - March 2025). For the Council's information, when reviewing the report, the light blue bar represents the staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

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

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2024-2025 Level of Service Progress Report 3rd quarter

2. 2024-2025 Level of Service Progress Report 2nd
quarter

3. 2024-2025 Level of Service Progress Report 1st
quarter
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager

CITY OF PORTERVILLE
2024/2025 Level of Service Report 3rd QUARTER REPORT - July 1, 2024 - March 31, 2025 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 24/25: 55,150 Lineal Feet of Street Lanes

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

CITY OF PORTERVILLE
2024/2025 Level of Service Report 2nd QUARTER REPORT - October 1, 2024 - December 31, 2024 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet of Street Lanes

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

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 24/25: 10,348 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 09/30/2024
1st QUARTER REPORT - July 1, 2024 - September 30, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2024-2025\2024-2025 Level of Service Progress Report 1st quarter.xls CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: 4. Golf Course Quarterly Report FY 2024-2025 (January-March 2025) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes.The report reflects the Third Quarter FY 2024/25.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Golf Course 3rd Quarter Report
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager

PORTERVILLE GOLF COURSE STATISTICS
Jan-24 Jan-25 Feb-24 Feb-25 Mar-24 Mar-25
Golfers 784 1621 1286 1537 1454 1707
Repeat 9/Twilight 419 407 694 218 681 476
Tickets Used 386 607 547 524 626 835
Passes Sold 48 34 32 48 33 31
Carts 287 522 379 462 501 617
Total $11,350.00 $18,118.00 $14,402.00 $17,112.00 $17,116.00 $19,872.00 Item No.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: 5. City Commission and Committee Attendance Quarterly Report FY 2024-2025 (January - March 2025)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the third quarter FY 2024-2025 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions & Use Tax Oversight Committee
• CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission Attendance

2. Arts Commission Attendance

3. Library & Literacy Commission Attendance

4. Parks and Leisure Services Commission Attendance

5. Transactions and Use Tax Oversight Committee
Attendance

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

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager
Item No.

Animal Control Commission As of March 31, 2025
Attendance Records
2023 2023 2024 2024 2024 2024 2025
13-Jul 12-Oct 11-Jan 11-Apr 11-Jul 21-Oct 9-Jan Notes:

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

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

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

Arts Commission As of March 31, 2024
Attendance Records
2025 2025
28-Jan 10-Feb
Kyree Perkins * P
Emily Luna * P
Maria Menga * A Vacated seat 2/2025
Emilie Dummar * A Vacated seat 3/2025
Yesenia Acsencio
Bonnie Boyd * P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2023 2023 2024 2024 2024 2024 2024 2024
25-Jul 24-Oct 23-Jan 19-Apr 23-Apr 23-Jul 10-Sep 22-Oct Kyree Perkins * * P P P * P A
Emily Luna * * P P P * P A
Maria Menga * * A A A * A A
Dawn Bennett Vacated seat 7/2023
Emilie Dummar * P P P * P A
Bonnie Boyd P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/2020
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling.

LIBRARY & LITERACY COMMISSION - Attendance Record As of March 31, 2025 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2025 2025 2025 2025 2025 2025 2025 2025 2025 2025
Feb Mar Apr May June July Aug Sept Oct Nov
P P
P P
P P
E E
P P
P P
P P
*Attended via Zoom as non-voting member.
2024 2024 2024 2024 2024 2024 2024 2024 2024 2025
Apr May June July Aug Sept Oct Nov Dec Jan

P P P P P P P

P P P P E P P

P T P P P P P

A P P E E P P

P A A P P A T

P P P P P P E

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

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

P P P P P P P

E P P P E E A

P P P P P P P

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

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

P P P P P P P P P P

P P P P P P P A A P

P P P P P A A P

P P P P P P P P
*Attended via Zoom as non-voting member.

Irene Ortega
Kim Baumgardner
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Fernando Serrano
Sonya Lopez
Irene Ortega
Kim Baumgardner
Esther Figueroa
Edith LaVonne
Susan Uptain
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Irene Ortega
PARKS & LEISURE SERVICES COMMISSION As of March 31, 2025

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

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

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

Parks & Leisure Services Commissioner's Record of Attendance 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P A P E E P P E P A
Diane Graybehl ** ** E P P P P P E P P E
Kieran Daly ** ** P P A P P P P P E P
** ** P P P P P P P A P P
** ** P P P P P E P P P E
** ** E P P A A P P P P P
** ** P P E P P P E P P P
** ** P A P P P P E A A A
Janet Uresti
Jason Gurrola
Arlene Pena
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Term Expired 10/18
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Resigned
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy **No meeting held. * Due to lack of quorum, an informal discussion only took place.

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

Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of March 31, 2025 Attendance Records
2024 2024 2024 2025
28-May 27-Aug 26-Nov 25-Feb
Margaret Stinson P P * P Apptd 05/21;Term exp 5/2028
John Billiou P P * P Term expires 5/2026
Jerry Hall P P * P Term expires 5/2026
Janice Kovars P Term ended
Shawn Byars P P * P Term expires 5/2026
Joshua Sulier A Term ended
Angela Dennis A Term ended
Rae Dean Strawn A P * A Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. P P * A Apptd 05/21; Term exp 5/2028 * Meeting cancelled
2022 2022 2023 2023 2023 2023 2024
25-Aug 17-Nov 16-Feb 25-May 24-Aug 28-Nov 27-Feb
John Simonich P P A P P A P Resigned eff. 02/28/2024
Margaret Stinson P P P P P A P Term expires 5/2024
John Billiou P P A P P P A Term expires 5/2026
Jerry Hall P P P P P P P Term expires 5/2026
Janice Kovars P P P P P A P Term expires 5/2024
Shawn Byars P A P A P P P Term expires 5/2026
Joshua Sulier A P P P P P A Term expires 5/2024
Angela Dennis P A P A A P P Apptd 12/20; Term exp 5/2024 Rae Dean Strawn P P A P A P P Apptd 07/19; Term exp 5/2026 Robert K. Falls Sr. A P P P P A P Apptd 07/19; Term exp 5/2024 * Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of March 31, 2025 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/18/2024 2/11/2025
Pat Contreras A P
Linda Mendez P P
Eriselda Lizarraga P P
Isabel Olmos P P
Rebecca Contreras A
Yalimar Garcia A
Jacqueline Verduzco Alanis P
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 2/29/2024 Pat Contreras P P P P P
Linda Mendez P P P A P
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A A
Isabel Olmos P P P
Rebecca Contreras P P P
Yalimar Garcia P P
Jacqueline Verduzco Alanis P P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Item No.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: 6. City Council Member Appointments Attendance Quarterly Report FY 2024-2025 (January - March 2025)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members are appointed. This report represents meeting attendance during the third quarter of FY 2024-2025 (January through March 2025).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Quarterly Report (January- March 2025)
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Committee/Board Member/Alternate January February March Ad Hoc Committee- COVID-19 Greg Meister - Member
Ed McKervey- Member
Ad Hoc Library Facility Planning Committee Raymond Beltran - Member Cannabis Committee Ed McKervey - Member 2/28/25 P
Raymond Beltran - Member 1/13/25 P 2/28/25 P
AJ Rivas - Alternate
Council of Cities Greg Meister - Member
Ed McKervey - Member
Downtown Porterville Committee Ed McKervey - Member
Stan Green - Member
Eastern Tule Groundwater Stan Green - Member
Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 1/9/25 P 2/5/25 P 3/6/25 P Ad Hoc Heritage Committee Greg Meister - Member
Ed McKervey - Member
Internal City Audit Committee Ed McKervey - Member
Stan Green- Member
Joint City/School District Committee Greg Meister - Member Ed McKervey - Member
Library Facility Planning Committee Raymond Beltran - Member 3/13/25 P Local Initiatives Navigation Center Committee (LINC) Raymond Beltran - Member 1/8/25 P 2/5/25 P 3/5/25 P AJ Rivas -Alternate
Mighty190 Committee Greg Meister - Member
Ed McKervey - Member 1/13/25 P 3/10/25 P
AJ Rivas - Alternate
Military Banner Committee Greg Meister - Member
Raymond Beltran - Member 1/17/25 C 2/21/25 C 3/21/25 C
AJ Rivas - Member 1/17/25 C 2/21/2025 C 3/21/25 C
Porterville Airport Committee Vacant- Member
Vacant- Member
PDC Advisory Board Jason Ridenour - Member
Ed McKervey- Alternate
Porterville Flag Day Committee Greg Meister - Member
Stan Green - Member
San Joaquin Valley Special City Selection Greg Meister - Member Committee (Air Polution) Ed McKervey - Alternate
Tulare County Association of Governments/ Greg Meister - Member 1/27/25 P 2/24/25 P 3/17/25 P Transportation Planning Agency (TCAG) AJ Rivas - Alternate Tulare County City Selection Committee Mayor - City Member Designee - Alternate
Tulare County Economic Development Corporation (TCEDC) Greg Meister - Member 1/22/25 P Jason Ridenour - Alternate
Tulare County Local Agency N/A
Formation Commission ("LAFCO")
Tulare County Taskforce on Homelessness AJ Rivas- Member 1/15/25 P 2/19/2025 3/19/2025 Stan Green- Alternate
Tule River Improvement JPA (TRIJPA) Ed McKervey - Member 1/6/25 P Stan Green - Alternate 1/6/25 P
P = Present A = Absent C= Cancelled
City Council Attendance - FY 2024-2025 Third Quarter Report January 1, 2025 through March 31, 2025
Porterville Area Development Authority (PADA)
Item No. 1.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Approval of Draft Minutes of April 15, 2025
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of April 15, 2025.

RECOMMENDATION: That the Council approve the draft Minutes of April 15, 2025 ATTACHMENTS: 1. Draft Minutes of April 15, 2025
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 17 ends

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 15, 2025, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member AJ Rivas, Council Member Stan Green, Council Member Raymond Beltran, Vice Mayor Ed McKervey, Mayor Greg Meister

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiators: Jason Ridenour and Yuliana Andrade. Employee Organizations:

Porterville Safety Support Unit, Porterville Police Officers' Association, and Porterville City Employees' Association.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Aldo Gutierrez. Agency claimed against: City of Porterville. 3 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Three cases in which facts are not yet known to potential Plaintiffs.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One case. 6:35 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

The Pledge of Allegiance was led by Council Member Rivas.

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

PRESENTATIONS

City Council Proclamations
Police and Fire Employee of the Year
Outstanding Business Honoree - ITC

ORAL COMMUNICATIONS

Page 2 of 17 ends

• Sherri Shields, Porterville, spoke about Holy Week and how it relates to the homeless, mentioned damaged bridges, and questioned how a million dollars in funding for homelessness was used.
• Chris Rutledge, Porterville, raised ongoing concerns about local kids on bikes. • Rick Sullins, Porterville, raised concerns about local kids on their bikes and said the city shouldn’t group the bad kids with the good kids. • Teresa Gonzalez, Porterville, desires traffic safety improvements at Putnam Avenue and Third Street and emphasized senior safety in the area. • Diana Donnel highlighted mental health struggles, shared her own experiences of exclusion and vandalism, and called for more compassion. • John Coffee, Porterville, spoke of trash-filled trailers, a dead tree at Veterans Park, and urged PUSD to pay for streetlights by Monache High School. • Ben Miller, Porterville, questioned spending priorities; suggested buying another electric bus and improving education around gender and parenting. • Jim Miller, Race Communications, Introduced Race’s fiber-to-home internet project in Porterville; noted its benefits over copper wiring. • Drew Dillion, Porterville, opposed giving up Pioneer Ditch shares without clear conditions; said the project’s impact is minimal.
• Kristy Martin, Porterville Chamber, thanked the community for the Spring Festival turnout; highlighted city staff and upcoming events.
• Hannah Raya, Porterville, thanked the Council for their ongoing efforts. • Greg Shelton, Porterville, raised concerns about contract awards and agenda items; recalled past Council experience and issues with property data. • Evelinda Medina, Porterville, promoted Springville Ranch’s services and invited the Council to their open house.
• Josh Flowers, Porterville, criticized delays affecting churches; urged real, simple solutions and support for nonprofits.
• Sergio Gonzalez, Porterville, voiced broad concerns over local decisions, state leadership, charter school funding, and PUSD’s decline.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - April 3, 2025
Commissioner Arlene Pena provided several updates, including the City Pool renovation project, the Annual Easter Egg Hunt, the Porterville Track Team, Arbor Day, swim lessons, day camp, youth volleyball, and youth baseball league at the Sports Complex.

2. Library & Literacy Commission - April 8, 2025
Commissioner Edith La Vonne provided an update on participation statistics for various events held in March. These events included Virtual Story Time, Bilingual Story Time, Family Literacy Services, the Adult Book Club, the Youth Book Club, Bring Your Own Game Day, the Thousand Books Before Kindergarten Challenge, and several other activities.

Page 3 of 17 ends

3. Arts Commission – no report was provided.

4. Animal Control Commission - April 10, 2025 – no report was provided.

5. Youth Commission - April 9, 2025 – no report was provided.

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

II. Staff Informational Reports

1. Water Conservation Phase Iv Status Update - March 2025

2. Spring Community Clean-Up Event

CONSENT CALENDAR
Item No. 3 was pulled for further discussion at the request of Vice Mayor McKervey.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Beltran that the City Council approve Items Nos. 1-2, and 4-14. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF APRIL 1, 2025
Recommendation: That the Council approve the draft Minutes of April 1, 2025 Documentation: M.O. 04-041525
Disposition: Approved.

2. AUTHORIZATION FOR TRANSIT BUS COLLISION REPAIR
Recommendation: That the City Council:

1. Authorize the transit bus repair by E.M. Tharp, Inc. at a cost not to exceed $24,659.89 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Direct the Finance Director to initiate a Purchase Order to E.M.

Tharp for an amount not to exceed $24,659.89 (inclusive of all parts, taxes, labor, and a 10% contingency); and

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

Documentation: M.O. 02-041525
Disposition: Approved.

4. AUTHORIZATION TO REPLACE RADIATOR IN TRANSIT BUS #8193

Page 4 of 17 ends

Recommendation: That the City Council:

1. Authorize the replacement of the radiator for Transit Bus #8193 by E. M. Tharp at a cost not to exceed $5,616.33 (inclusive of all parts, taxes, labor, and a 10% contingency);

2. Direct the Finance Director to initiate a Purchase Order to E.M.

Tharp for an amount not to exceed $5,616.33 (inclusive of all parts, taxes, labor and a 10% contingency); and

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

Documentation: M.O. 03-041525
Disposition: Approved.

5. AUTHORIZATION OF SERVICES – FUEL ISLAND SECONDARY

CONTAINMENT COMPLIANCE PROJECT AT THE PORTERVILLE

MUNICIPAL AIRPORT
Recommendation: That the City Council:

1. Authorize a not-to-exceed amount of $60,170, inclusive of a 10% contingency, for engineering design and compliance support services related to the fuel island secondary containment upgrades at the Porterville Municipal Airport, under the Master Services Agreement (MSA) with Tartaglia Engineering; and

2. Authorize the Transportation Director to execute the finalized AOS, subject to final approval by the City Attorney.

Documentation: M.O. 04-041525
Disposition: Approved.

6. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT -

TULE RIVER TRIBE VILLAGE CORRIDOR AND TWO PEDESTRIAN

BRIDGES PROJECT
Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for environmental and design services for the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project with 4Creeks, Inc. in the amount of $770,697; and

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

Documentation: M.O. 05-041525
Disposition: Approved.

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7. AUTHORIZATION TO AWARD PROJECT - HENRAHAN STREET

RECONSTRUCTION PROJECT
Recommendation: That the City Council:

1. Award the Henrahan Street Reconstruction Project to 99 Pipeline, Inc in the amount of $907,307.20;

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

3. Authorize a ten percent (10%) contingency to cover unforeseen costs; and

4. Authorize an additional ten percent (10%) for construction management, surveying, quality control and inspection services.

Documentation: M.O. 06-041525
Disposition: Approved.

8. AWARD OF CONTRACT FOR TRANSIT VEHICLE WRAPS FOR THE

PORTERVILLE TRANSIT BRANDING REFRESH
Recommendation: That the City Council:

1. Award the contract for vehicle wrap services for the Porterville Transit Branding Refresh to Transit Media, Inc. in the amount of $111,738.81; and

2. Authorize the Director of Transportation to execute the necessary agreement and related documents to carry out the project.

Documentation: M.O. 07-041525
Disposition: Approved.

9. CONSIDERATION OF PHASING IMPROVEMENTS FOR THE

NAVIGATION CENTER
Recommendation: That the City Council approve the phasing of the public improvements for the Porterville Navigation Center, with the current project including repairs to a non-compliant curb ramp, a new fire hydrant, and triple bin trash enclosure, and any future expansion including street trees and decorative streetlights.

Documentation: M.O. 08-041525
Disposition: Approved.

10. GRANT DEED OF EASEMENT AND RELATED AGREEMENT - APN
255-240-013
Recommendation: That the City Council:

Page 6 of 17 ends

1. Approve the draft resolution granting a driveway and access easement across city-owned parcel 255-240-013 located to the east of N Main Street and north of Reid Avenue to Danny Henderson for the sum of $1,000, and;

2. Authorize the Mayor and City Clerk to execute the Grant Deed of Driveway Easement and Related Agreement.

Documentation: Resolution No. 26-2025
Disposition: Approved.

11. AUTHORIZATION TO SUBMIT AN ALLOCATION REQUEST FOR
THE 2024-2025 LOW CARBON TRANSIT OPERATIONS PROGRAM
(LCTOP) FUNDING
Recommendation: That the City Council:

1. Approve the FY 2024–2025 Low Carbon Transit Operations Program (LCTOP) Zero-Fare Program extension;

2. Authorize the Mayor to execute the LCTOP Authorized Agent Form;

3. Authorize the Transportation Director to execute the LCTOP Certifications and Assurances;

4. Approve the Draft Resolution authorizing the submission of the LCTOP allocation request; and

5. Authorize staff to execute and transmit the Letter of No Prejudice (LONP) to Caltrans to permit the July 1, 2025 implementation of the Zero-Fare Program extension.

Documentation: Resolution No. 31-2025
Disposition: Approved.

12. REQUEST FOR PROCLAMATION - ARBOR DAY
Recommendation: That the City Council consider approval of the request to proclaim April 25, 2025, as "Arbor Day" in the City of Porterville.

Documentation: M.O. 09-041525
Disposition: Approved.

13. RECLASSIFICATION OF POLICE DEPARTMENT JOB POSITIONS Recommendation: That the City Council:

1. Approve the establishment of one (1) new Police Clerical Assistant classification at Salary Range 161 ($3,268-$3,988) and unallocation of one (1) universal Clerical Assistant III position Salary Range 161 ($3,268-$3,988) at the police department;

Page 7 of 17 ends

2. Approve the establishment of one (1) Administrative Assistant to the Chief of Police at Range 163 ($3,334-$4,068) and
unallocation of one (1) universal Administrative Assistant position Range 163 ($3,334-$4,068) at the police department; and

3. Authorize Administrative Services and the Finance Department staff to amend such documents as may be necessary to
effectuate such proposed changes.

Documentation: M.O. 10-041525
Disposition: Approved.

14. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

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

Documentation: M.O. 11-041525
Disposition: Approved.

PUBLIC HEARINGS

15. 2025 FIVE-YEAR CONSOLIDATED PLAN AND 2025-2026 ACTION

PLAN FOR INVESTMENT OF COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) ENTITLEMENT FUNDS
Recommendation: That the City Council:

1. Conduct a public hearing on the proposed 2025 Five-Year Consolidated Plan and 2025/26 Action Plan; and

2. Adopt the draft resolution approving the 2025 Five-Year Consolidated Plan and 2025/26 Action Plan; and

3. Authorize the Interim City Manager to execute all necessary documents.

4. Interim City Manager Ridenour introduced the item and Community Development Director Claudia Calderon presented the staff report.

Mayor Meister opened the Public Hearing at 8:31 p.m. and closed the Public Hearing at 8:31 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Vice Mayor McKervey that the City Council conduct the Public Hearing and adopted a draft resolution approving the 2025 Five-Year Consolidated Plan and 2025/2026 Action Plan. The motion carried unanimously.

Page 8 of 17 ends

Documentation: Resolution No. 32-2025
Disposition: Approved.

16. CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP) FOR A BREWERY AT 152 N. MAIN STREET
Recommendation: That the City Council:

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

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

3. Adopt the draft resolution approving a Conditional Use Permit (PRC 2025-011-C) for a Type 23 – Small Beer Manufacturer Alcohol license for 152 N. Main Street.

4. Authorize the Mayor to sign the Letter of Public Convenience or Necessity
Interim City Manager Ridenour introduced the item and Contract City Planner Jeff Oneal presented the staff report.

Mayor Meister opened the Public Hearing at 8:36 p.m.
• Greg Shelton, Porterville, spoke in favor of the item and suggest the council approve the Conditional Use Permit.

Mayor Meister closed the Public Hearing at 8:37 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council approve conduct the Public Hearing, found the project exempt from the California Environmental Quality Act pursuant to Section 15301 of the California Code of Regulations, and adopted the draft resolution approving a Conditional Use Permit (PRC 2025-011-C) for a Type 23 - Small Beer Manufacturer Alcohol license for 152 N. Main Street. The motion carried unanimously.

Documentation: Resolution No. 33-2025
Disposition: Approved.

17. CONSIDERATION OF CONDITIONAL USE PERMIT AND VESTING

TENTATIVE SUBDIVISION MAP FOR PIONEER RESIDENTIAL

DEVELOPMENT
Recommendation: That the City Council:

1. Hold a Public Hearing to receive comments on the Pioneer Residential Development Project; and

Page 9 of 17 ends

2. Adopt the draft resolution, approving the Conditional Use Permit; and

3. Adopt the draft resolution, approving the Vesting Tentative Subdivision Map with conditions.

Interim City Manager Ridenour introduced the item and Contract City Planner Jeff O'Neal presented the staff report.

Mayor Meister opened the Public Hearing at 8:42 p.m.
• Gilbert Bareng, CEO and Founder of Bareng Corporation, introduced himself to the council and presented his background and reasons as to why he wants to develop in the city.
• Dawn Bennett, Porterville, asked what the estimated purchase cost would be to the residents should they choose to purchase one of the homes.

Mayor Meister closed the Public Hearing at 8:46 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council conduct the Public Hearing, adopt the draft resolution approving the Conditional Use Permit, and adopt the draft resolution approving the Vesting Tentative Subdivision Map. The motion carried unanimously.

Documentation: Resolution No. 34-2025 (CUP), Resolution No. 35-2025 (TSM) Disposition: Approved.

SCHEDULED MATTERS

18. CONSIDERATION OF APPOINTMENTS TO THE CHARTER

REVIEW COMMITTEE
Recommendation: That the City Council consider the appointments to the Charter Review Committee.

Interim City Manager Ridenour introduced the item and Administrative Director Yuliana Andrade presented the staff report.

Council approved a change to the composition of the Charter Review Committee.

The new structure will consist of seven primary members and two alternates. Council also agreed that the selection process will occur in three phases:

Phase 1: Each Council Member will appoint one individual from their respective district.

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Phase 2: The Council will collectively select two additional individuals from the pool of remaining applicants not selected in Phase 1.

Phase 3: Council will then select two alternates from the remaining pool of nonselected applicants.

Direction was also given to staff to bring back a resolution formally amending the original resolution that established the Charter Review Committee, in order to reflect the new composition.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council approve the new composition and selection process of the Charter Review Committee applicants, and direct staff to amend Resolution No. 16-2025 to reflect said changes. The motion carried unanimously.

Documentation: M.O. 12-041525
Disposition: Approved.

Council initiated Phase 1 as follows:
• Mayor Meister nominated Greg Shelton.
• Vice Mayor McKervey nominated Tom O’Sullivan.
• Council Member Beltran nominated Scott Bowler.
• Council Member Rivas nominated Taha Saleh.
• Council Member Green nominated Dawn Bennett.

Council then initiated Phase 2 as follows:
• Mayor Meister nominated Clayton Dignam and Alexander Reed-Krase.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Beltran that the City Council approve the Phase 1 and Phase 2 nominations and appointed Greg Shelton, Tom O’Sullivan, Scott Bowler, Taha Saleh, Dawn Bennett, Clayton Dignam, and Alexander Reed-Krase to the Charter Review Committee. The motion carried unanimously.

Documentation: M.O. 13-041525
Disposition: Approved.

Council then initiated Phase 3 as follows:

Council Member Beltran motioned to approve Brock Neeley and Blain Smothermon to serve as the committee alternates. The motion failed for lack of a second.

Mayor Meister motioned to approve Blain Smothermon and Jacob Vallejo to serve as the committee alternates.

Page 11 of 17 ends

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council approve Mayor Meister motion to approve Blain Smothermon and Jacob Vallejo as the Charter Review Committee alternate members.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: M.O. 13-041525
Disposition: Approved.

Mayor Meister nominated Committee Member Greg Shelton to serve as the Committee Chairperson.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council approve Mayor Meisters nomination of Greg Shelton to serve as the Committee Chairperson. The motion carried unanimously.

Documentation: M.O. 14-041525
Disposition: Approved.

19. CONSIDERATION OF CARGO CONTAINER REGULATIONS
Recommendation: That the City Council provide direction on Resolution No. 14-2014 and 15-2014 in regard to the regulations on the use of
cargo/shipping containers and established permit review fees.

Interim City Manager Ridenour introduced the item and presented the staff report.

After a discussion between Council Members and staff, it was decided that the permitting of long-term use of cargo/shipping containers as permanent structures would be allowed in Industrial, Commercial, and Residential Zones. Standards for setbacks, lot coverage, screening, and architectural articulation would be applicable to these containers.

These include placement toward the rear of the home, use strictly for storage purposes, and a "grandfather" provision allowing existing containers to remain without a permit, provided they meet all applicable standards. Additionally, if a container is visible from the street, it must be either painted or camouflaged.

Documentation: None
Disposition: Direction given.

Council took a 15 minutes recess at 9:33 p.m.

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20. COUNCIL CONSIDERATION AND ESTABLISHMENT OF

FINANCIAL ASSISTANCE PROGRAM FOR MIXED-METERING
Recommendation: That the City Council:

1. Consider adoption of the Draft Resolution for the Establishment of a Non-Profit Irrigation Meter Grant Program directing staff to reallocate General Fund operating budget to fund the program, or adopt the Draft Resolution establishing a Non-Profit Irrigation Meter Grant Program and authorizing an appropriation from the Budget Stabilization Reserve Fund, or adopt the Draft Resolution establishing a Non-Profit Irrigation Meter Grant Program and authorizing an appropriation from the Special Purposes Reserve Fund, in an amount of $100,000, consistent with Ordinance No. 1787 and Section 2-31.1 and Section 2-31.6 of the Porterville Municipal Code, to fund the installation of dedicated irrigation meters grant program for eligible non-profit organizations, with no repayment obligation.

2. Consider adopting a Draft Resolution establishing a Commercial Irrigation Meter Financing Program, authorizing the Water Replacement Fund to provide three-year, zero-percent interest financing for qualifying commercial water accounts to install dedicated irrigation meters.

3. Direct staff to implement both programs, including development of application procedures, agreement forms, eligibility verification, and public outreach efforts.

4. Authorize the City Manager, or designee, to administer the programs, approve agreements, and take all necessary actions to carry out the intent of these resolutions.

Interim City Manager Ridenour introduced the item and Assistant City Manager Michael Knight presented the staff report.

A discussion among Council Members took place regarding the use of funds for the Non-Profit Irrigation Meter Grant Program and the Commercial Irrigation Meter Financing Program. Some members expressed discomfort with using taxpayer dollars to support the program, particularly when the funds would be diverted from other areas of the budget that have already been allocated. In contrast, other Council Members emphasized the need to identify funding sources to support non-profits that experienced financial hardship due to recent sewer rate increases. Members of the Council stressed the urgency of providing assistance before the summer months, when rising temperatures will lead to increased water usage.

City Manager Ridenour indicated that the city currently has a mild surplus, largely due to vacancies within the Police Department. As a result, the city would be able to reallocate approximately $50,000 from the Police Department's budget.

Page 13 of 17 ends

Mayor Meister inquired about the potential impact on the Police Department when reallocating funds, specifically asking the Police Chief if this would affect his department.

Police Chief Jake Castellow clarified that the funds in question were allocated for positions which were unfilled within the fiscal year. The remaining funds, which would have typically been rolled over into his vehicle depreciation fund, can be reallocated to fit the needs of the Council. He noted that his budget for vehicle depreciation is in good shape, and he does not foresee any negative impact on his current budget.

Mayor Meister then asked for an estimate of the total rollover funds, to which staff responded that it was approximately $200,000.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council adopt a draft resolution to establish a Non-Profit Irrigation Meter Grant Program, directing staff to reallocate General Fund operating budget to fund the program at $50,000, and adopt a draft resolution establishing a Commercial Irrigation Meter Financing Program, authorizing the Water Replacement Fund to provide three-year, zero-percent interest financing for qualifying commercial water accounts to install dedicated irrigation meters, and direct staff to implement both programs, including development of application procedures, agreement forms, eligibility verification, and public outreach efforts.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: Resolution No. 36-2025 (Non-Profit),
Resolution No. 37-2025 (Commercial)
Disposition: Approved.

21. 2025 KJUG FREE SUMMER CONCERT SERIES SPONSOR
Recommendation: That the City Council:

1. Consider sponsorship of the 2025 KJUG Free Summer Concert Series for a concert date to be determined; and

2. Authorize the expenditure of $2,000 as a concert event sponsor from the Community Promotions account; and

3. Authorize the expenditure not to exceed $2,000 for special event liability coverage to be paid out of the Risk Management Fund.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council approve the sponsorship of the 2025 KJUG

Page 14 of 17 ends

Free Summer Concert Series for a concert date to be determined, and authorize the expenditure of $2,000 as a concert event sponsor from the Community Promotions account. The motion carried unanimously.

Documentation: M.O. 16-041525
Disposition: Approved.

22. ON-CALL ENGINEERING & SURVEYING CONSULTANTS
Recommendation: That the City Council:

1. Authorizes the first of two (2) allowed one-year extensions of the engineering and surveying consultants list; or

2. Authorizes the distribution of a Request for Qualification to develop a new on-call engineering and surveying consultants list; and

3. Authorizes a temporary extension of the current on-call engineering and surveying consultants list until the RFQ process is complete.

Interim City Manager Ridenour introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council authorize the first of two (2) allowed one-year extensions of the engineering and surveying consultants list. The motion carried unanimously.

Documentation: M.O. 17-041525
Disposition: Approved.

23. ON-CALL MATERIALS TESTING CONSULTANTS
Recommendation: That the City Council:

1. Authorizes the first of two (2) allowed one-year extensions of the on-call materials testing consultants list; or

2. Authorizes the distribution of a Request for Qualification to develop a new on-call materials testing consultants list; and

3. Authorizes a temporary extension of the current on-call materials testing consultants list until the RFQ process is complete.

Interim City Manager Ridenour introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council authorize the first of two (2) allowed one-year

Page 15 of 17 ends

extensions of the on-call materials testing consultants list. The motion carried unanimously.

Documentation: M.O. 18-041525
Disposition: Approved.

24. CONSIDERATION OF LETTER OF OPPOSITION TO SENATE BILL 634
Recommendation: That the City Council consider the draft letter of opposition to Senate Bill 634 and direct staff to submit the letter to the Governor, Chair of the Senate Local Government Committee, California State Senator Melissa Hurtado, Assembly Woman Alexandra Macedo and
California State Senator Sasha Perez.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Rivas, SECONDED by Mayor Meister that the City Council approve a letter of opposition to Senate Bill 634 and directed staff to submit the letter to the Governor, Chair of the Senate Local Government Committee, California State Senator Melissa Hurtado, Assemblywoman Alexandra Mecedo, and
California State Senator Sasha Perez. The motion carried unanimously.

Documentation: M.O. 19-041525
Disposition: Approved.

3. AUTHORIZATION TO REPAIR PLANO STREET BRIDGE
Recommendation: That the City Council:

1. Direct the Finance Director to initiate a purchase order to 99 Pipeline, Inc in the amount of $124,123;

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

3. Authorize a ten percent (10%) contingency to cover unforeseen costs; and

4. Authorize an additional ten percent (10%) for construction management, surveying, quality control and inspection services.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council direct the Finance Director to initiate a purchase order to 99 Pipeline Inc. in the amount of $124,123 for the repairs of the Plano Street Bridge. The motion carried unanimously.

Page 16 of 17 ends

Documentation: M.O. 20-041525
Disposition: Approved.

AB 1234 REPORTS

1. Eastern Tule Groundwater Sustainability Agency - April 3, 2025 Assistant City Manager Knight provided updates on the approval of Minutes, the ratification of bills to be paid, the scheduling of a public hearing regarding Tier 1 penalties, and the presentation of several reports.

2. Tule River Improvement JPA - April 7, 2025
Vice Mayor McKervey provided an update on those who were in attendance and noted that there is a significant funding shortfall to complete the dam project. He also referenced a lively and robust discussion that traced back to the 2023 flooding event.

3. Ad Hoc Heritage Committee - April 9, 2025
Vice Mayor McKervey stated that the meeting was highly collaborative, with productive discussions focused on various opportunities. He noted that several strong marketing ideas and follow-up actions were developed. He also shared his experience attending a recent Museum Board meeting.

Mayor Meister stated that the committee’s goal is to celebrate 250 years of American history. He discussed planning efforts for the celebration, including potential involvement in events like Freedom Fest, reviewing hat designs, and considering capital improvements in the downtown area. He also mentioned that he has reached out to Porterville Unified School District and Burton School District to explore opportunities for students to participate, such as painting fire hydrants in an Americana theme. Additionally, there was a suggestion to create a commemorative challenge coin.

4. Porterville Flag Day Committee - April 9, 2025
Mayor Meister provided an update on discussions about the Spring Festival and potential guest speaker for the Porterville Flag Day.

5. Local Initiative Navigation Center (LINC) - April 2, 2025 Council Member Beltran provided updates on several items of interest, such as the approval of Minutes, no changes to the budget, and the Navigation Center.

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, stated that a past ballot initiative provided funds for mental health services, but due to county inefficiencies, the services aren't reaching those in need. He also felt that changes to the composition of the Charter Review Committee were made to exclude him.

Page 17 of 17 ends

• John Coffee, Porterville, asked why a planned exhibition of drought-tolerant plants next to the Zalud House hasn't been completed as it was proposed or discussed several years ago by the City.

OTHER MATTERS
• Council Member Rivas spoke of his recent attendance at the Spring Festival and a 2nd Annual Autism Awareness event hosted by Royalistic Car Club. • Council Member Green had no comments.
• Council Member Beltran spoke of the recognition of the Police and Fire employees of the year, and spoke of recent events such as the Porterville Celebrates Reading event, the Spring Festival, and upcoming events such as the Cinco De Mayo Parade, and Jackass Mail Run. He also mentioned that when he goes to these types of events, he wondered if the city would possibly be able to have water bottles with the city logo available to offer the community, especially on these upcoming hot days. • Vice Mayor McKervey suggested repurposing old trash cans and benches at Tule River Parkway and improving security around the bridges. He also proposed creating a small business grant fund with leftover funds to support heritage-themed projects for the downtown celebration. He spoke of his attendance at the Wagonmaster Dance, and noted that no trespassing signs need to be moved under the Plano Bridge.
• Mayor Meister spoke in support of Item No. 8 and provided updates on several topics, including the Spring Clean-Up event, pool reservations, the Jack Ass Mail Run, and the groundbreaking of the Community Center. He also addressed public comments about youth bicycle riders and mentioned a recent interview on Power Talk Radio where they discussed AB 1955.
• Interim City Manager Ridenour reminded and invited the public to Veterans Park for the Easter Egg hunt event.

CLOSED SESSION
None.

ADJOURNMENT
The Council adjourned at 11:35 p.m. to the meeting of May 6, 2025, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Greg Meister, Mayor
Item No. 2.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Authorization to Source Additional Vendors for Police Vehicle Upfit SOURCE: Police
COMMENT: On July 16, 2024, and November 19, 2024, City Council authorized the upfit of two new police model Ford Explorers. The vehicles were delivered; however, they have not been upfit with emergency equipment.

Several factors have delayed the upfitting of these vehicles, such as supply chain issues and the unavailability of the vendors chosen. The delay has also caused an increase in the pricing based on supply and demand as well as inflation.

The police department is not seeking additional funding other than what was previously authorized by Council. Staff is requesting that the City Council approve the Police Department to utilize additional vendors who are government contracted, as needed. Staff requests to source additional vendors who have the availability to ensure these vehicles are placed into service in a timely manner. Staff is also requesting the total amount for each vehicle upfit not to exceed $21,500 with a 10% contingency, which was previously authorized by the City Council.

The equipment will be funded through the Equipment Replacement Fund.

RECOMMENDATION: That the City Council:

1. Authorize staff to complete the upfitting of two Ford Explorer vehicles and related equipment with other
vendors, as needed, for a total cost not to exceed $43,000 plus tax, and

2. Authorize payment upon satisfactory delivery of the fully upfitted vehicle.

ATTACHMENTS: 1. July 16, 2024

2. November 19, 2024
Appropriated/Funded:

Item No. 2.

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Jason Ridenour, Interim City Manager
Item No. 3.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Replace Police Vehicle
SOURCE: Police
COMMENT:

In June 2024, Unit # 3383, a 2019 Dodge Charger, was involved in a not-atfault on-duty traffic collision. The estimated cost to repair this vehicle was more than the value itself; therefore, the vehicle is considered "totaled" by both the City maintenance shop and body shop professionals. In discussions with the City's Fleet Manager, he did not recommend making repairs of this magnitude to a public safety vehicle.

Department staff requests authorization to purchase a replacement vehicle through Phil Long Dealership under their National Government Fleet Sales Contract. The Department is requesting authorization to purchase this vehicle per Resolution 35-93, which authorizes no-bid purchases through a cooperative purchase program. The Department has identified Phil Long Dealership as a provider of such a program for the desired vehicle, available under The Interlocal Purchasing System Contract #220304. Phil Long Dealership is a current City-authorized vendor and has vehicles available under their National Government Fleet Sales Master Contract #220304. Phil Long Dealership is a turn-key source for police vehicles and has provided a quote of $48,760.00.

This price does not include the upfitting of emergency vehicle equipment.

The vehicle is a new pursuit-rated 2024 Ford Interceptor Explorer model, which the dealership has in stock. It was determined that the Interlocal Purchasing System Contract for the purchase of this Ford Explorer was the best available price and the only known readily available vehicle and is the standard by which many agencies are purchasing their fleet vehicles. This contract price is available to the City.

In addition to the vehicle, department staff are requesting to upfit the vehicle with the necessary emergency equipment and other tools by the County of Tulare IT Radio Communications Center before placing the vehicle into service.

Staff is requesting that the City Council authorize the negotiation for the purchase of the Ford Explorer up to a total cost of $48,760.00, which is based on the Manufacturer’s Suggested Retail Price minus the applicable government discount.

Item No. 3.

The upfit of the vehicle with emergency equipment will be done by the County of Tulare IT Radio Communications Center at a cost of $14,760.84; however, several components may be able to be salvaged from the totaled police unit to reduce the aforementioned cost.

Through sound fiscal management and savings in the Police Department's vehicle depreciation, the funds are available for the replacement of this vehicle.

The replacement vehicle and related equipment will be funded through the Equipment Replacement Fund.

RECOMMENDATION:

That the City Council:

1. Authorize staff to purchase one police vehicle for $48,760.00; and

2. Authorize payment upon satisfactory delivery of the vehicle.

ATTACHMENTS: 1. 2024 Ford Explorer

2. County IT (Upfit)
Appropriated/Funded: MB
Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to Replace Police Vehicle
SOURCE: Police
COMMENT: In October 2024, Unit # 3337, a 2014 Dodge Charger, was involved in a not-at-fault on-duty collision. The estimated cost to repair this vehicle was estimated to be between $3,500 and $6,500. The vehicle currently has over 90,000 miles and is over 10 years old. As such, the vehicle is due for replacement as it is at its end of life.

In addition to the vehicle, department staff is requesting to upfit the vehicle with the necessary emergency equipment, Motorola radio and other tools before placing the vehicle into service.

Staff is requesting that the City Council authorize the negotiation for the purchase of the Ford Explorer up to a total cost of $48,460.00, which is based on the Manufacturer’s Suggested Retail Price minus the applicable government discount. The upfit of the vehicle with emergency equipment including a police Motorola radio, will cost $23,932.29; however, several components may be able to be salvaged from the crashed police unit, which could reduce the aforementioned costs.

Through sound fiscal management and savings in the Police Department's vehicle depreciation, the funds for this vehicle and associated equipment are available through the department's Equipment Replacement Fund. Due to the unique purchasing parameters, staff is requesting a 10% contingency based on the total purchasing price and associated equipment total of $72,392.29.

RECOMMENDATION: That the City Council:

1. Authorize staff to purchase one 2024 Ford Explorer
Police Interceptor for $48,460.00 plus tax, license, and fees; and

2. Authorize staff to purchase emergency equipment,
including Motorola radio, for $23,932.29 and provide
payments upon satisfactory delivery of the police vehicle and upfit of the emergency equipment.

ATTACHMENTS: 1. Porterville PD 2024 Non Eco-Boost PIU Quote 10-29- 24 2. Porterville PD 2024 PIU Window Sticker

3. UPFIT Cooks Estimate- Porterville PD 24 FPIU Patrol

4. RADIO QUOTE-2878240-1APX6500UHFE5Remote
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 3.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Authorization to Award Freedom Fest Fireworks Contract SOURCE: Parks and Leisure Services
COMMENT: The inaugural Freedom Fest took place in 2011 in partnership between the City of Porterville and the Tule River Tribe. Each party contributed $15,000 in seed money in support of the community event. In 2013, the City Council contributed an additional $10,000 and the Tribal Council an additional $7,500 to assist with meeting the increased expenditure costs as the event expanded. Over the years, Freedom Fest has grown to have an estimated annual attendance of approximately 10,000 with revenue generated from sponsors, vendor fees, and parking pass sales.

Event activities include music, family entertainment, Porterville Fire Department spray zone, vendor booths, and fireworks show.

The 2024 fireworks show was produced by Fireworks & Stage FX America. During the finale, an unforeseen operator injury occurred, resulting in the show being stopped early. Consequently, some of the fireworks were not discharged. The vendor has since offered to extend the 2024 contract with the City of Porterville for the continuation of services. A credit of 350 aerial shells, valued at an estimated $3,100, has been applied to the 2025 display. According to the Porterville Fire Marshal, who was on scene at the time of the incident, the injury was not due to negligence. Fireworks & Stage FX America continues to be the City’s preferred pyrotechnic vendor, recognized for its strong reputation, commitment to safety, high-quality products, and extensive expertise in both the technical and legal aspects of pyrotechnics.

Staff is requesting Council approval for the expenditure of $30,000 to Fireworks & Stage FX America for the fireworks display at the 2025 Freedom Fest. The Council's approval will allow staff to issue a purchase order to the vendor to continue services. A fifty percent (50%) deposit of $15,000 is required to execute the contract, with the remaining balance due ten days after the event. Funding for this expenditure will come from the Freedom Fest account within the General Fund, which currently has a balance of $44,840. Additionally, it is recommended that Fireworks & Stage FX list the City as an additional insured to their liability coverage with regard to indemnification.

Item No. 3.

RECOMMENDATION: That the City Council authorize progress payments up to one hundred percent (100%) of the contract amount of
$30,000 to Fireworks & Stage FX America, as well as the contract provisions subject to the City Attorney's approval, including requiring the vendor to add the City of Porterville on to its liability coverage as an additional insured.

ATTACHMENTS: 1. Fireworks & Stage FX Proposal
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
City of Porterville
Presents
Celebrate Freedom
A Fireworks Extravaganza
June 28th, 2025
Produced by
"The Difference is Quality"
City of Porterville
Celebrate Freedom
June 28th, 2025
Announcement Barrage Bombardments
Program A Program A
Aerial Titanium Flash Salutes Multiple Shot Barrages: provide 3" 10 fabric and texture to your display
keeping an excellent and exciting
Color & Multi-Color Finale Shells pace. Our high-powered devices 3" 10 provide an exciting ground-to-sky
pyrotechic tableau:

Aerial Show Presentation Total Shots 4388
Color & Multi-Color Aerial Shells
3" 60 Aerial Grand Finale
4" 60
Color & Multi-Color Finale Shells
Flitter, Glitter, Electric Color & 2.5" 150
Color Changing Shells 3" 150
3" 50 4" 32
4" 50
Aerial Titanium Flash Salutes
Distinctive & Unique Aerial Shells 3" 100
3" 30
4" 40
Grand Totals
Streaking Comets & Tiger Tails
3" 10 Aerial Shell Counts

2.5" 150
Premium Aerial Shells 3" 430
3" 10 4" 192
4" 10
Units of Fire (from Bombardments)
4388
Total Shots 5160
Program Price
Total Program Price Inclusive of
Insurance, Operator and
Transportation
Cost $30,000
Fireworks America Products
"The Difference Is Quality"
Fireworks America has sought to affiliate itself with world renown-award winning manufacturers, both foreign and domestic. In every show you will find only the highest quality of products, designs, and variety which will far surpass those of our competitors.

Product Definitions Are:

Standard: Aerial Shells include: One color products and multiple colored products such as Chrysanthemums, Peonies, Hearts, Rings, Red, Green, Blue, Yellow, Purple, Orange, Variegated, etc. Our variety is unmatched and as such we can guarantee over 40 varieties in this category.

Compare to our competitors "Color", "Fancy", some "Extra Fancy", "Standard" or "Japanese Style Deluxe" Shells.

Classic: Aerial Shells include: Flitter, Glitter, Electric Color, Color Changing Transformation, Penny Glitter, Glitter & Color, Magnesium Red Electric, Red to Blue, Comets, etc.

Our variety is unmatched and as such we can guarantee over 50 varieties in this category.

Compare to our competitors "Extra Fancy", "Floral", "Classic" or "Japanese Style Super Effect" Shells
Select: Aerial Shells include: Distinctive and Unique Aerial Shells such as Spiders, Multiple Reports, Strobes, Multiple Effect Shells, Domestic Glittering Comets, Double Hearts, Crackling Effects, Double Ring Shells, Saturn Shells, Tourbillion Shells, Waterfalls, Special Pattern Shells, Weeping Willow Shells, Shell of Shells, Coconut Palms, and Serpentine Shells, etc..

Compare to our competitors "Special" or "Japanese Style Special Effect" Shells.

Premium: Aerial Shells include: Crossettes, Serpents, Whistles, Whistles and Reports, Serpents and Strobes, Fish and Whistles, Tourbillions to Reports, Thunder and Rainbow, Serpents and Stars, Nishiki Kamuros, and many other American Made Specialty Shells.

Our competitors cannot compare with our Domestically-Made Superstars.

Comets Bombardments Vivid Colors
City of Porterville
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $10,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.

Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Please plan your show accordingly.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Payment Terms:

Method of Discharge:

The show will be fired Manually / Hand Fired.

City of Porterville to Provide:
50% deposit is due on Contract Execution, Balance Net 10 days after display.

Fireworks & Stage FX America, LLC BATF License Number:
dba: Fireworks America 9-CA-073-20-6B-01843
PO Box 488 9-CA-073-23-6B-01844
Lakeside, CA 92040
619-938-8277 California Licenses:
619-938-8273 Fax GPD-0528
I/E-1129
W-1132
1) This Contract, entered into this 20th day of January, 2025, by and between FIREWORKS & STAGE FX AMERICA, LLC., dba FIREWORKS AMERICA, a California Corporation, duly licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA" and CITY OF PORTERVILLE hereinafter referred to as "BUYER". 2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display as per Program A, submitted, accepted and made part hereof,and the services of a licensed pyrotechnic operator who will be in charge of the execution of said display unless otherwise agreed in writing. This display is to be performed on June 28th, 2025, located at 2701 W. Scranton Ave. Porterville, CA 93257.

The time of the display is to be at: 9:00pm
3) BUYER agrees to pay FA the sum of: Thirty Thousand Dollars & Zero Cents ($30,000.00) (USD) per the following terms: 50% deposit is due to FA on Contract Execution, balance remaining is to be paid in full to FA Net 10 days after the display has fired. 4) Should the BUYER default on these payment terms, a finance charge at a rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.

FA is hereby authorized to receive BUYER's financial information from any person or entity for the purpose of verifying BUYER's ability to pay.
5) BUYER, at its expense, agrees to provide FA a suitable DISPLAY SITE in which to stage, setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone, which has to be approved by FA, and that will fulfill any requirements set forth by any governing legal authority. Should the proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.

Page 1 ends

Fireworks America Public Display Contract
6) BUYER, at its expense, agrees to provide adequate security to prevent any access to the DISPLAY SITE by members of the general public or any persons not expressly approved by FA. Any claim arising from damage to persons or property caused by any unauthorized access to the DISPLAY SITE is the sole responsibility of the BUYER. Should a multiple day setup be required, BUYER shall provide appropriate security during all the times FA is away from the DISPLAY SITE. 7) BUYER, at its expense, agrees to pay for any required "standby" Firemen, and/or any applicable permit costs and fees as required by state and local statutes, ordinances or regulations.

BUYER agrees to indemnify FA for any and all changes or adjustments made to the DISPLAY at the request of any governing legal authority.
8) BUYER, at its expense, shall provide FA sufficient parking, all necessary site and event passes and allow FA sufficient time and available access, as determined by FA, to safely and professionally setup and discharge the display and subsequently remove the display equipment from the DISPLAY SITE. 9) Should BUYER fail to comply or prove itself unable to comply with the requirements stated in paragraphs 5, 6, 7 and 8 herein, FA shall have no obligation to continue with the performance of the display and the BUYER agrees to pay the full contract price plus any additional associated expenses incurred by FA.
10) BUYER agrees to assume the risk of weather, or any other cause that is beyond FA’s control, that may prevent the display from being discharged on the scheduled date and time. In the event that FA, at its sole discretion, determines that the weather unsuitable for the discharge of the display, BUYER shall pay per the cancellation terms contained in paragraph 11 herein. 11) BUYER shall have the option to cancel this display at any time. If BUYER decides to cancel, BUYER agrees to pay to FA 35% of the display contract price and all other associated costs incurred by FA, including, but not limited to, permits, insurance, pyrotechnic operator's fee, transportation, choreography, custom design or any other provable expense associated with the execution of the Display. 12) BUYER agrees to hold FA harmless from all claims and penalties made against FA in the event that the display fails to start on time or is disrupted after commencement as a direct result of equipment or product malfunction or failure.
13) FA agrees to provide insurance coverage of Ten Million Dollars, Bodily Injury and Property Damage and statutory limits for Worker's Compensation. This insurance covers the operations of FA only and does not extend to any other aspect of the event at which such a display may be held. FA’s operations are deemed complete when FA has vacated the premises.
14) Should BUYER fail to perform its obligations as set forth herein, BUYER agrees to indemnify, defend and hold FA harmless from all claims and suits made against FA in conjunction with the discontinuance or cancellation of the display.

Page 2 ends

Fireworks America Public Display Contract
15) FA agrees to defend, indemnify and hold harmless BUYER from and against all claims and liability arising out of the services to be performed by FA hereunder, except to the extent arising from BUYER'S negligence or willful misconduct.
16) The laws of the State of California shall govern this contract. It is agreed that any court of competent jurisdiction located in the County of Tulare, CA shall be proper venue for an action.

Should such action be brought to enforce or interpret the terms or provisions of this Contract, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
17) Nothing in this contract shall be construed as forming a partnership, joint venture, agency or any form of legal relationship, other than contractual, between BUYER and FA. Neither party shall be held responsible for any agreements or obligations not expressly provided for herein and shall be severally responsible for their own separate debts and obligations. 18) BUYER shall not under any circumstances, be entitled to recover any consequential damages from FA. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded in Paragraph 13 herein. 19) Other Considerations: NONE
20) This agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns.

In Witness the parties hereto, by or through their duly authorized agents, have set their hands and seals this 20th day of January, 2025.

Fireworks & Stage FX America, LLC. City of Porterville

By: J. Scott Danielson By: __________________________
Title: President / Manager Title: _________________________ Signature: Signature: _____________________

Page 3 ends

Item No. 4.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Authorization to Award Contract - City Hall HVAC Metasys Upgrade SOURCE: Parks and Leisure Services
COMMENT: At its meeting on March 18, 2025, the City Council authorized staff to distribute a Request for Proposals (RFP) for the City Hall Metasys System Upgrade. The RFP solicited qualified companies or individuals to supply and install new building automation and temperature monitoring controls to upgrade the existing Metasys Direct Digital Control System already installed in City Hall. City Hall's HVAC system controls are extremely outdated and in need of an upgrade. The upgrade will make the units run more efficiently and should decrease the number of service maintenance requests, enhancing productivity and effectiveness with the new simple and intuitive user interface.

The scope of services from the RFP included: installing a new network control engine, installing new Metasys graphics, installing field controllers, installing wall-mounted network temperature sensors, and providing end-user training. The deadline for RFP submittals was April 18, 2025. Two RFP's were received by the City. The proposal information is as follows:

Bedard Controls $43,700.00
Johnson Controls $51,750.00
Bedard Controls submitted the lowest responsive and responsible proposal. Funding for the City Hall HVAC Metasys Upgrade is available through the General Fund Reserve Deferred Maintenance account. The estimated total project cost is $48,070 which includes a 10% contingency for any unforeseen costs.

RECOMMENDATION: That the City Council:

1. Award the contract for the City Hall HVAC Metasys
Upgrade to Bedard Controls, in the amount of $48,070
which includes a 10% contingency to cover any unforeseen costs; and

2. Authorize the Parks and Leisure Services Director to execute the necessary agreement and related documents
Item No. 4.
to carry out the project.

ATTACHMENTS: 1. Draft Resolution

2. Bedard Controls Proposal

3. Johnson Controls Proposal
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO.____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE FACILITY DEFERRED

MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND FOR THE CITY

HALL HVAC METASYS SYSTEM UPGRADE
WHEREAS: The City of Porterville purchased HVAC units from Johnson Controls in 2009 for City Hall;
WHEREAS: Several of the HVAC units within City Hall have not been operating efficiently or effectively over the past several years and are in need of a system upgrade; WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the upgrade of the City Hall HVAC Metasys System is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and

2. That the City Council of the City of Porterville does hereby approve and authorize the appropriation not to exceed $48,070 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the immediate upgrade to the City Hall HVAC Metasys System.

PASSED, APPROVED AND ADOPTED this 6th day of May, 2025. _____________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: _______________________________________________
Fernando Gabriel-Moraga, Acting Chief Deputy City Cler
Prepared for:

City of Porterville
Parks and Leisure Services
Attention: Donnie Moore
Email: [email protected]
April 18, 2025
City Hall Metasys
System Upgrade
RFP No. 24/25-SR1999

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 1 of 12 ends

Beadrd Controls’ Contact Information:

Bedard Controls
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Phone: 559-271-8990
FAX: 559-271-2661
Clint Bradford, President, is the authorized individual to negotiate contract terms and make binding commitments.

Bedard Controls’ Capacity and Experience:

Since May 1999, Bedard Controls, Inc. (BCI) has proudly represented Johnson Controls, Inc. (JCI) products.

We are the exclusive Authorized Building Controls Specialist (ABCS) for the Johnson Controls Metasys Extended Architecture system in the greater Fresno, California area.

Founded in 1997, BCI focuses on the supply, installation, and service of custom-engineered temperature control and energy management systems for commercial and institutional facilities. Our team receives direct training and support from the Johnson Controls factory, and all product purchases are sourced straight from JCI. Collectively, our key personnel bring over 100 years of combined experience with the Metasys system.

Bedard Controls’ Team Structure:

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 2 of 12 ends

Bedard Controls’ Experience:
• Paul Bedard, Vice President, brings over 35 years of experience working with Johnson Controls (JCI) products, systems, and controls.
• Todd Wyatt, Vice President and Operations Manager, has been with Bedard Controls since its founding in 1997. He has more than 30 years of hands-on experience in installing and commissioning JCI systems.
• Mark Zschogner, Service Manager, joined Bedard Controls in 2000. With over 30 years of experience, he specializes in the installation, service, and troubleshooting of JCI control systems.

Recently performed building controls contracts using Johnson Controls Metasys:

Valley Children’s Hospital
9300 Valley Children’s Place
Madera, CA 93636
Scott Anson
(559) 353-5997
[email protected]
Project Name: Project Time Frame: Project Net Value ($):

RTAC5 2022 - 2023 $789,513
RTAC4 2024 - current $1,023,827
Metasys Upgrade 2023 - 2024 $416,892
Kaiser Permanente, Fresno Medical Center
7300 N Fresno Street
Fresno, CA 93720
Brian Steinhauer
(559) 448-5431
[email protected]
Project Name: Project Time Frame: Project Net Value ($):

AHU Replacements 2021 - 2024 $2,432,418
Acute Care Expansion 2023 - current $1,533,946

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 3 of 12 ends

Bedard Controls’ Experience (continued):

Merced Union High School District
3430 A Street
Atwater, CA 95301
Mario Souza
(209) 325-2305
[email protected]
Project Name: Project Time Frame: Project Net Value ($):

Golden Valley High School Retrofit 2023 - 2024 $846,071 California Department of Hospitals, Coalinga
24511 W Jayne Avenue
Coalinga, CA 93210
Armando Juarez
(559) 935-7261
[email protected]
Project Name: Project Time Frame: Project Net Value ($):

SST Energy Project 2020 - 2023 $ 1,320,450
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Alexis Ruiz
(559) 621-1240
[email protected]
Project Name: Project Time Frame: Project Net Value ($):

Metays ADX Server Upgrade 2020 - 2021 $ 29,070
MET/CMAC Building Retrofit 2024 - 2025 $ 99,150
Hanford Joint Union High School District
823 W Lacey Boulevard
Hanford, CA 93230
Ben Stidman
(559) 583-5901 x3296
[email protected]
Project Name: Project Time Frame: Project Net Value ($):

Metays EMS Retrofit Project 2024 - 2025 $ 632,944

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 4 of 12 ends

References:

Valley Children’s Hospital
Scott Anson
(559) 353-5997
[email protected]
Kaiser Fresno
Brian Steinhauer
(559) 448-5431
[email protected]
City of Fresno
Alexis Ruiz
(559) 621-1240
[email protected]
Related Information:

Bedard Controls, Inc. has not had any contracts terminated nor faced any litigation.

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 5 of 12 ends

Net Price:

Item
#: Services and/or Products to be Provided : Quantity: Extended Net Price ($) * 1 Supply, install, terminate**, and commission a New Metasys SNE Network Control Engine with 50 field device capacity 1 $ 8,940.00 2 Develop and install new Metasys “UI” graphics for use with PCs and “Smart” devices *** 1 $ 5,648.00
3 Supply, install, terminate **, and commission New Metasys “CGM” BACnet MS/TP Field Controllers to replace the existing field controllers for the existing rooftop air conditioning units 18 $ 19,926.00
4 Supply, install, terminate**, and commission New Metasys, wallmounted Network Temperature Sensors to replace the existing network sensors for the existing rooftop air conditioning units 18 $ 8,244.00
5 Develop and provide End User training (1 (one), 4 (four) hour training session)
1 $ 942.00
Total: $ 43,700.00
Clarifications and/or exemptions, please note:
* Extended Net Price includes inbound freight, delivery, installation labor and commissioning (if applicable), local applicable sales taxes, and travel to the site.
** Existing Building Controls’ wire/cabling and/or electrical pathways to be reused. This proposal does not include replacing any existing wire/cabling and/or electrical pathways. *** Devices provided by others. This proposal does not include providing PCs and/or “Smart” devices.

Notes:
• Unless otherwise noted, pricing excludes applicable taxes, permits, or other unforeseen costs. • Payment terms NET 30 days upon acceptance of the proposal. • Recurring services require an annual agreement and are renewable upon mutual agreement.

Miscellaneous:

Provide the following:
• Commissioning of new controllers and devices
• Programming of new controllers and point definition
• Submittals and as-built documentation
• Owner training
• Work to be performed after regular working hours but not on weekends and/or holidays General Exclusions:
• Any work not directly included in this Scope of Work

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 6 of 12 ends

• Expenses related to payment services
• Expenses related to notary services for payment releases • Wiring and/or conduit to connect Combination Smoke and Fire Damper and/or controls • Duct smoke detectors
• Connection of smoke detectors to the fire alarm system • No BIM and/or Revit modeling
• Electrical wiring and/or conduit specified to be supplied by others • Demolition of any type not directly included in this Scope of Work • Supply or installation of controllers, sensors, relays, actuators, valves, or any other controls specified to be supplied by equipment manufacturer and/or supplier • Electrical wiring and /or conduit when power requirement exceeds 24 volts • Holidays and weekends
• Coring and/or trenching
• Digital and analog outputs with H-O-A switches and/or adjustable pot • Cutting and/or patching and/or painting of walls and/or ceilings • Supply and installation of access panels
• Supply of dust control equipment
• All permits and fees
• Any PE-stamped drawings
• Liquidated damages due to events not under our control Terms and Conditions:
• Standard Bedard Controls, Inc. Terms and Conditions - (please see listed below) Valid Duration:
• This scope of work and proposal is valid for 60 (sixty) days from the above date.

Thank you for the opportunity to provide this scope of work and proposal. If you have any questions, please do not hesitate to call me.

Sincerely,
Keith Harris
Bedard Controls, Inc.

Cell Phone: (559) 270-4093

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 7 of 12 ends

Bid Bond:

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 8 of 12 ends

Bid Bond (continued):

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 9 of 12 ends

Bid Bond (continued):

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 10 of 12 ends

Addenda:

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 11 of 12 ends

BEDARD CONTROLS, INC.

STANDARD TERMS AND CONDITIONS
By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:

1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Purchaser agrees to provide Bedard Controls, Inc., hereinafter referred to as BCI with required field utilities (electricity, project hoist, etc.) without charge. BCI agrees to keep the job site clean of debris arising out of its own operations.

Purchaser shall not back charge BCI for any costs or expenses without BCI’s written consent. Unless specifically noted in the statement of the scope of work or services undertaken by BCI under this agreement, BCI’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by BCI shall not operate to compel BCI to perform any work relating to Hazards without BCI’s express written consent.

2. INVOICING & PAYMENTS. BCI may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Purchaser shall pay BCI at the time purchaser signs this agreement an advance payment equal to 10% of the contract price, which advance payment shall be credited against the final payment (but not any progress payment) due hereunder and purchaser agrees to pay BCI additional amounts invoiced upon receipt of the invoice.

Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If BCI’s invoice is not paid within 30 days of its issuance, it is delinquent.

3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of BCI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, BCI shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonable available substitute therefor.

4. WARRANTY. BCI warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one (1) year from delivery of said equipment, or if installed by BCI, for a period of one (1) year from installation. BCI warrants that for equipment furnished and/or installed but not manufactured by BCI, BCI will extend the same warranty terms and conditions which BCI receives from the manufacturer of said equipment. For equipment installed by BCI, if Purchaser provides written notice to BCI of any such defect within thirty (30) Days after the appearance or discovery of such defect, BCI shall, at its option, repair or replace the defective equipment. For equipment not installed by BCI, if Purchaser returns the defective equipment to BCI within thirty (30) days after appearance or discovery of such defect, BCI shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by BCI shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.

www.bedardcontrols.com
Contractor’s License # 735986
1521 Tollhouse Road, Suite D
Clovis, CA 93611
Office: (559) 271-8990

Page 12 of 12 ends

5. LIABILITY. BCI shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement.

6. TAXES. The price of this proposal does not include duties, sales, use, excise, or other similar taxes, unless required by federal, state or local law. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by BCI or, alternatively, shall provide BCI with acceptable tax exemption certificates. BCI shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.

7. DELAYS. BCI shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond BCI’s control, including, but not limited to, acts or God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused suppliers or subcontractors of BCI, etc.

8. COMPLIANCE WITH LAWS. BCI shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work.

Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser.

9. DISPUTES. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws.

10. INSURANCE. Insurance coverage in excess of BCI’s standard limits will be furnished when requested and required. No credit will be given or premium paid by BCI for insurance afforded by others.

11. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney’s fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the Indemnifying Party.

12. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.

13. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings.

14. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon BCI unless accepted by BCI in writing.
rñrñ,rt
Telephone: +1 816 552-7295
Website: wtwco.com
E-mail : Wendy. [email protected]
April 17,2025
Johnson Controls
Josiah Lopez
3451 W. Ashlan Ave
Fresno, CA93722
RE Obligee: City of Porterville Parks and Leisure Services Bid Bond for: RFP No.24l25-SRl999 Gity Hall Metasys System Upgrade Bid Date: April 18,2025
As you requested, we are pleased to provide the attached bid bond documents. This bond has been executed based upon the information we received from your office.

We urge you to check all bond documents, including signatures, dates, amounts, job description, Power of Attorney and any other attachments to avoid the possibility of having a low bid rejected. Additionally, please verify that the bid bond form attached is the form required by the specifications.

The Bid Bond authorization is based upon your original estimate. lf the bid exceeds this estimate by 10o/o or more, the bond must be reauthorized by the surety. Please contact us for additional authority.

Your bid results are very important. Please send your bid results to my email address shown above as soon as they are available.

Thank you for the opportunity to service your surety needs. Should you have any questions, please do not hesitate to contact me or any member of your Willis surety team.

Sincerely,
Wendy Lewis
Your Bid Results are verv important. Please forward them to us as soon as the iob bids.

Were you Low? _ Yes _ No
1st Bidder & Amount Bid
2nd Bidder & Amount Bid
3rd Bidder & Amount
Your bid (if not listed
Willis Towers Watson Northeast, lnc.
10 State House Square, Floor 11
Hartford, CT 06103
above)
City of Porterville Metasys Upgrade
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.

Johnson Controls
3451 W Ashlan Ave
(559) 301 – 2793
Erik Beck
Install Manager
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.

The team working on this project will be reporting to the Install Manager Erik Beck. Please find the org chart for the personnel on this project below:

Erik Beck (Install
Manager)
Eric Neeves Thomas Lopez Michael Parras
Adrian Bencomo
(Project
Manager)
D. Experience of the Proposer

USDA ARS
Contract Period of Performance: August 2024 – December 2024 Contact Person: Jose Salinas
Phone #: (559) 646-4716
Email: [email protected]
Project Manager: Adrian Bencomo
Upgraded server and supervisory engine to the latest version of Metasys.

AVCRAD
Contract Period of Performance: March 2025- Current
Contact Person: Joy Lubic
Phone #: (559) 281-1597
Email: [email protected]
Project Manager: Adrian Bencomo
Replacement of old controls system with the Metasys building automation system. Installing new supervisory controller and replacing old sensors and actuators for a Air Handling Unit.

Washington Unified School District
Contract Period of Performance: 12/17/2021 - 8/1/2024
Contact Person: Dennis Vass
Phone #: (559) 647-1985
Email: [email protected]
Project Manager: Adrian Bencomo
Johnson Controls was part of upgrading HVAC equipment and controls equipment at Washington Unified School District. The controls portion consisted of setting up a building automation system that would allow the school district to control all HVAC equipment from the Metasys User Interface. Supervisory engines, controllers, actuators, and sensors were provided for each school and for heat pumps and packaged units at the school sites. The JCI team also commissioned the system and ensured that all equipment was communicating back to the building automation system.

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.

USDA ARS
Contact Person: Jose Salinas
Phone #: (559) 646-4716
Email: [email protected]
AVCRAD
Contact Person: Joy Lubic
Phone #: (559) 281-1597
Email: [email protected]
Washington Unified School District
Contact Person: Dennis Vass
Phone #: (559) 647-1985
Email: [email protected]
Project Manager: Adrian Bencomo
F. Related Information
HVAC CONTROLS Proposal
April 18, 2025
To: City of Porterville

Project: City of Porterville- City Hall BAS Upgrade

PRICING SUMMARY
DESCRIPTION Total Price
Base Bid - JCI Metasys System $51,750
Add Proposal 1 $26,600
Add Proposal 2 $32,800
*ADD PRICES CORRESPOND TO ADDITIONS TO THE BASE RFP FROM WHAT WAS STATED IN ANSWERS TO QUESTIONS AND JCI KNOWLEDGE OF THE SITE.
(QTY.) SYSTEM NAME (REFERENCE)
BASE PROPOSAL– JCI METASYS SYSTEM
Description: This Base proposal is based on the Scope of Work provided in RFP titled “1999 RFP Metasys Upgrade”.
(1) Metasys Network Architecture:
• Provide and install a new SNE control engine
• Provide and Install Metasys User Interface graphics
(13) Package AC Units:
• Furnish and install field controllers for existing roof top air conditioning units

• Install Metasys Network Temperature Sensors
(1) Training:
• Provide User Training
ADD PROPOSAL 1– JCI METASYS SYSTEM
103 Woodmere Road, Folsom CA, 95630,
United States.

Name: Josiah Manuel Lopez
Description: This Add proposal is based on the answers to the questions through email on 4/10.

This is also based off the on-site knowledge JCI has of the Metasys controls system. (22) Variable Air Volume Unit:
• Furnish and install programmable DDC controller; to include at each:
• Furnish and install zone temperature sensor
• Run New thermostat wire
• Duct Temperature Sensor
• VAV Sensors
ADD PROPOSAL 1– JCI METASYS SYSTEM
(X) N2 Communication wire to MSTP Communication wire:
• Run New comm wire for all BACnet devices
o 13 Package Unit Controllers
o 22 VAV Controllers

TRAINING / WARRANTY
▪ Includes (04) hours on-site owner / operator training. ▪ Includes warranty for (01) year from date of owner’s acceptance of certificate of substantial completion.

CLARIFICATIONS:
▪ Installation and wiring of the VFD will be by DIV 26. JCI will only be installing BACnet communication wire to the VFD
▪ Includes Johnson Controls Metasys® BACnet® network automation engine, field equipment controllers, and network sensors.
▪ Includes supply of electric control valves.
▪ Includes project management, engineering, and programming/commissioning. ▪ This proposal shall be included within any contract terms and conditions. ▪ Pricing based on normal working hours (Monday - Friday) No overtime work is included in above pricing.
▪ All wiring will be in EMT conduit for interior exposed locations and in plenum rated cable where Applicable by code.

EXCLUSIONS:
▪ Furnishing of any control damper unless noted in scope above. ▪ Any electric meter, water meter and gas meter.
▪ Furnishing, installation and wiring of VFDs.
▪ Furnishing, installation and wiring of smoke detectors, smoke dampers, combination fire/smoke dampers and fire dampers and associated actuators and wiring unless noted in scope above. ▪ Fire sequencing, smoke sequencing, etc.
▪ Installation of dampers, Airflow measuring stations, valves, immersion wells, pressure taps, or flow meters as listed in the above scope of work.
▪ After hour, weekend or holiday work
▪ Any 120V wiring.
▪ Third Party Commissioning.
▪ Test & Balance Coordination.

CUSTOMER ACCEPTANCE:

In accepting this Agreement, Customer agrees to the terms and conditions contained herein including those on the following page(s) of this Agreement and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that Customer may issue. Any changes requested by Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT.

Customer agrees to pay Johnson Controls pursuant to the progress-based billing schedule of values below. If the schedule of values includes an upfront deposit, it will be paid within 30 days of contract signing and Johnson Controls will not commence work until the upfront deposit is received. Customer agrees to pay for materials, goods, and equipment (ordered, delivered, or stored) pursuant to the schedule of values, prior to installation commencement. The remaining portion of the total price will be progress billed through completion of the work. Johnson Controls progress-based billing can also include any services performed on-site or off-site. All invoices will be delivered via email, paid via ACH/EFT bank transfer and are due NET 30 days from the date of the invoice. ACH/EFT bank transfer details will be provided upon contract execution. The proposed total price is contingent on Customer agreeing to these payment and invoicing terms Schedule of Values
Description of Work %
Deposit TBD*
Mobilization 10%
Engineering TBD*
Material TBD*
Installation TBD*
Commissioning TBD*
*To be mutually agreed upon in writing at a later date
This offer shall be void if not accepted in writing within thirty (30) days from the date first set forth above.

To ensure that JCI is compliant with your company’s billing requirements, please provide the following information:

PO is required to facilitate billing:
▢No: This signed contract satisfies requirement ▢Yes: Please reference this PO Number _____________________________________ AR Invoices are accepted via e-mail: ▢YES: E-mail address to be used: __________________________________________________ ▢NO: Please submit invoices via mail
▢NO: Please submit via ___________________________________________________________ Deposit Invoice accepted (______%)
▢No: ▢Yes:

Standard Terms and Conditions – U.S.A. and Canada
“JCI” or “Johnson Controls” shall mean Johnson Controls, Inc. for work performed in the U.S.A. and Johnson Controls Canada LP for work performed in Canada. These terms and conditions are an integral part of JCI’s offer and form the basis of any agreement (the “Agreement” resulting from JCI’s proposal for the goods and/or services described. By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:
(1) SCOPE OF WORK. This proposal is based upon the use of straight time labor only. JCI and its subcontractors shall be provided access to the work site during regular business hours, or such other hours as may be requested by JCI, including sufficient areas for staging, mobilization and storage. Plastering, patching and painting are excluded. “In-line” duct and piping devices, including, but not limited to, valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required hereunder to be furnished by Johnson Controls, Inc. (hereinafter referred to as JCI), shall be distributed and installed by others under JCI’s supervision but at no additional cost to JCI. Purchaser agrees to provide JCI with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. JCI agrees to keep the job site clean of debris arising out of its own operations. JCI’s obligation is limited to the scope of work set forth in JCI’s proposal and does not include any modifications to the work site under the Americans with Disabilities Act or any other law or building code(s). In no event shall JCI be required to perform any work JCI reasonably believes is outside the scope of work without a written change order signed by Purchaser and JCI. In the performance of the work, if JCI encounters conditions at the work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings or (ii) unknown physical or pre-existing conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the type and character of the work, JCI shall notify Purchaser of such conditions. If such conditions differ materially and cause an increase in JCI’s costs of, or time required for, performance of any part of the work, JCI shall be entitled tom and Purchaser shall consent by change order to, an equitable adjustment of the contract price, contract time or both. Purchaser shall not charge any retention or back charge JCI for any costs or expenses without JCI’s written consent unless specifically noted in the statement of the scope of work or services undertaken by JCI under this Agreement, JCI’s obligations under this Agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of environmental hazards or dangerous substances, to include but not be limited to asbestos or PCSs, discovered in or on the premises. Any language or provision of the Agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to such hazards or substances without JCI’s express written consent. (2) DEPOSIT, INVOICING & PAYMENTS. Purchaser agrees to pay JCI pursuant to the progress billing schedule of values set forth in JCI’s proposal. If the schedule of values includes an upfront deposit, it will be paid within 30 days of contract signing and JCI will not commence work until the upfront deposit is received. Customer agrees to pay for materials, goods, and equipment (ordered, delivered, or stored) pursuant to the schedule of values, prior to installation commencement. JCI progress-based billing can also include services performed on-site or off-site. All invoices will be delivered via email, paid via ACH/EFT bank transfer and are due net 30 days from the date of invoice. ACH/EFT bank transfer details will be provided upon contract execution. The proposed total price is contingent on Purchaser agreeing to these payment and invoicing terms.

Waivers of lien will be furnished upon request as the work progresses to the extent payments are received. Invoicing disputes must be identified in writing within 21 days of the date of invoice. Payments of any disputed amounts are due and payable upon resolution.

All other undisputed amounts remain due within 30 days from the date of invoice. This Agreement is entered into with the understanding that the services to be provided by JCI are not subject to any local, state, or federal prevailing wage statute. If it is later determined that local, state, or federal prevailing wage rates apply to the services to be provided by JCI, JCI reserves the right to issue a modification or change order to adjust the wage rates to the required prevailing wage rate. Purchaser agrees to pay for the applicable prevailing wage rates. In the event of Purchaser’s default, the balance of any outstanding amounts will be immediately due and payable. Payment is a condition precedent to JCI’s obligation to perform under the Agreement. Purchaser acknowledges and agrees that timely payments of the full amounts listed on invoices is an essential term of this Agreement and that failure to make payment in full when due is a material breach of this Agreement. Purchaser further acknowledges that if there is any amount outstanding on an invoice, it is material to JCI and will give JCI, without prejudice to any other right or remedy, the right to, without notice: (i) suspend, discontinue or terminate performing any work and/or withhold further deliveries of equipment and other materials, terminate or suspend any unpaid software licenses, and/or suspend JCI’s obligations under or terminate this Agreement; and (ii) charge Purchaser interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month or the maximum rate permitted under applicable law, until payment is made in full. JCI’s election to continue providing future services does not, in any way diminish JCI’s right to terminate or suspend services or exercise any or all rights or remedies under this Agreement.

JCI shall not be liable for any damages, claims, expenses, or liabilities arising from or relating to suspension of services for nonpayment. In the event that there are exigent circumstances requiring services or JCI otherwise performs services at the premises following suspension, those services shall be governed by the terms of this Agreement unless a separate contract is executed. If Purchaser disputes any late payment notice or JCI’s efforts to collect payment, Purchaser shall immediately notify JCI in writing and explain the basis of the dispute. JCI may increase prices upon notice to the Purchaser to reflect increases in material and labor costs.

Prices for products covered by this proposal may be adjusted by JCI, upon notice to Purchaser at any time prior to shipment and regardless of Purchaser’s acceptance of JCI’s proposal or quotation, to reflect any increase in JCI’s cost of raw materials (e.g., steel, aluminum) inability to secure Products, changes or increases in law, labor, taxes, duties, tariffs or quotas, acts of government, any similar charges, or to cover any extra, unforeseen and unusual cost elements. (3) MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of JCI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, JCI shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefore. (4) LIMITED WARRANTY. JCI warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of twelve (12) monthly from delivery of said equipment, or if installed by JCI, for a period of twelve (12) months from installation, whichever occurs first. Alongside this limited warranty, for all new York™ air or water-cooled chillers and/or Metasys™ building automation systems installed in the US and Canada and sold through JCI owned and operated branches, JCI also provides a Year One Service Agreement for such equipment, the scope, limitations, terms and conditions of which are at https://www.johnsoncontrols.com/yearoneservice (collectively, “Year One Service”). JCI will not provide a credit against purchase price if offered Year One Service is declined. No warranty is provided for third-party products and equipment installed or furnished by JCI. Such products and equipment are provided with the third-party manufacturer’s warranty to the extent available, and JCI will transfer the benefits, together with all limitations, of that manufacturer’s warranty to Purchaser. For equipment installed by JCI, if Purchaser provides written notice to JCI of any such defect within thirty (30) days after the appearance or discovery of such defect, JCI shall, at its option, repair or replace the defective equipment. All transportation charges incurred in connection with the warranty for equipment not installed by JCI shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES

ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. JCI makes no and specifically disclaims all representations or warranties that the services, products, software or third-party product or software will be secure from cyber threats, hacking or other similar malicious activity, or other similar malicious activity, or will detect the presence of, or eliminate, treat, or mitigate the spread transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19. (5) LIABILITY. To the maximum extent permitted by law, in no event shall JCI and its affiliates and their respective personnel, suppliers and vendors (“JCI Parties”) be liable to Purchaser or any third party under any cause of action or theory of liability even if advised of the possibility of such damages, for any: (a) special, incidental, indirect, punitive or consequential damages; (b) loss of business, use, profits, revenues, customer opportunities, anticipated savings or goodwill; (c) business interruption; or (d) data loss or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems arising in any manner from the equipment or material furnished or the work performed pursuant to this Agreement. In any case, the entire aggregate liability of the JCI Parties under this Agreement for all damages, losses, causes of action, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount actually received by JCI for the performance of its obligations hereunder.
(6) TAXES/TARIFFS. The price of this proposal does not include duties, sales, use, excise, or other similar taxes, unless required by federal, state or local law. In addition to the stated price, Purchaser shall pay all taxes not legally required to be paid by JCI or, alternatively, shall provide JCI with acceptable tax exemption certificates. JCI shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work. Pricing for products and parts covered by this proposal does not include any amounts for changes in tariffs or other similar charges imposed and/or enacted by a government. At any time prior to shipment, JCI shall be entitled to an increase in time and money for any costs that it incurs directly or indirectly that arise out of or relate to changes in tariffs or similar charges due to such changes. (7) DELAYS. JCI shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond JCI’s control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by suppliers or subcontractors of JCI. (8) COMPLIANCE WITH LAWS. JCI shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser.
(9) SCHEDULE. JCI and Purchaser shall mutually agree upon a schedule for completion of the work. In the event Purchaser desires to change or accelerate the schedule or the schedule is otherwise accelerated, delayed, or impacted for reasons beyond the control of JCI, JCI shall be entitled to a change order equitably adjusting the compensation of JCI to account for the increased costs associated with such schedule changes.
(10) DISPUTES. JCI shall have the sole and exclusive right to determine whether any dispute, controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be submitted to a court of law or arbitrated. For Purchasers located in the United State, the laws of Delaware shall govern the validity, enforceability, and interpretation of this Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Milwaukee, Wisconsin. For Purchasers located in Canada, the laws of Ontario shall govern the validity, enforceability, and interpretation of this Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Ontario, Canada. The parties waive any objection to the exclusive jurisdiction of the specified forums, including any objection based on forum non conveniens. In the event the matter is submitted to a court, JCI and Purchaser hereby agree to waive their right to trial by jury. In the event the matter is submitted to arbitration by JCI, the costs of arbitration shall be borne equally by the parties, and the arbitrator’s award may be confirmed and reduced to judgment in any court of competent jurisdiction. If JCI prevails in any collection action. Purchaser will pay all of JCI’s reasonable collection costs (including legal fees and expenses). Except as provided below, no claim or cause of action, whether known or unknown, shall be brought by either party against the other more than one year after the claim first arose. Claims not subject to the one-year limitation include JCI claims for unpaid: (1) contract amounts, (2) change order amounts (approved or requested) and (3) delays and/or work inefficiencies.
(11) INSURANCE. Insurance coverage in excess of JCI’s standard limits will be furnished when requested and required. No credit will be given or premium paid by JCI for insurance afforded by others. (12) INDEMNITY. To the fullest extent permitted by law, JCI and Purchaser shall indemnify each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys’ fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, actions, costs, expenses or liabilities to the extent attributable to the actions or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. (13) PATENTS. JCI shall defend or, at its own option settle, any action against Purchaser brought by a third party to the extent that the action is based upon a claim that the equipment provided under the Agreement infringes any U.S. patents or copyrights for Purchasers located in the United States or Canadian patents or copyrights, for Purchasers located in Canada, or misappropriates any trade secrets of a third party (“Claim”), provided that: (i) Purchaser gives JCI prompt written notice of any such Claim, (ii) Purchaser gives JCI full authority to defend or settle any such Claim, and (iii) Purchaser gives JCI proper and full information and assistance, at JCI’s expense (except for Purchaser’s employees’ time) to defend or settle any such Claim. JCI will pay those costs and damages finally awarded against Purchaser in the action that are specifically attributable to the claim or those costs and damages agreed to in a monetary settlement of the action. THE FOREGOING IS IN LIEU OF ANY WARRANTIES OF NONINFRINGEMENT, WHICH ARE HEREBY DISCLAIMED. The foregoing obligation of JCI does not apply with respect to products or equipment or portions or components thereof (a) not supplied by JCI, (b) made in whole or in part in accordance with Purchaser or owner specifications, (c) which are modified after shipment or installation by JCI, if the alleged infringement related to such modification, (d) combined with other products, processes or materials where the alleged infringement relates to such combination, (e) where Purchaser continues allegedly infringing activity after being notified thereof and/or after being informed of modifications that would have avoided the alleged infringement without significant loss of performance or functionality, or (f) where Purchaser’s use of the product or equipment is incident to an infringement not resulting primarily from the product or equipment; Purchaser will indemnify JCI and its officers, directors, agents, and employees from all damages, settlements, attorneys’ fees and expenses related to a claim of infringement, misappropriation, defamation, violation of rights of publicity or privacy excluded from JCI’s indemnity obligation herein. (14) OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.
(15) PURCHASER RESPONSIBILITIES. Purchaser is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (“Network”) and shall supply JCI secure Network access for providing its services.

Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Purchaser and/or end user against unauthorized access. Purchaser is responsible to take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively “Data”) prior to receiving the service or products.
(16) FORCE MAJEURE. JCI shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A “Force Majeure Event” is a condition or event that is beyond the reasonable control of JCI, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation, strikes, lock-outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism, electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyber-attacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation, or any other cause or casualty beyond the reasonable control of JCI. If JCI’s performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, JCI will be entitled to extend the relevant completion date by the amount of time that JCI was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. To the extent that the Force Majeure Event directly or indirectly increases JCI’s cost to perform the services, Purchaser is obligated to reimburse JCI for such increased costs, including, without limitation, costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees or other costs and expenses incurred by JCI in connection with the Force Majeure Event. (17) FAR. In the United States, JCI supplies “commercial items” within the meaning of the Federal Acquisition Regulations (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. Government contract, JCI will comply only with those mandatory flow-downs for commercial item and commercial services subcontracts listed either at FAR 52.244-6, or 52.212-5(e)(1), as applicable. (18) DIGITAL ENABLED SERVICES; DATA. If JCI provides Digital Enabled Services under this Agreement, these Digital Enabled Services require the collection, transfer and ingestion of building, equipment, system time series, and other data to JCI’s cloud-hosted software applications. Customer consents to and grants JCI the right to collect, transfer, ingest and use such data to enable JCI and its affiliates and agents to provide, maintain, protect, develop and improve the Digital Enabled Services and JCI products and services.

Customer acknowledges that, while Digital Enabled Services generally improve equipment performance and services, Digital Enabled Services do not prevent all potential malfunction, insure against all loss, or guarantee a certain level of performance. Customer shall be solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (“Network”), shall appropriately protect hardware and products connected to the Network and will supply JCI secure Network access for providing its Digital Enabled Services. As used herein, "Digital Enabled Services" mean services provided hereunder that employ JCI software and related equipment installed at Customer facilities and JCI cloud-hosted software offerings and tools to improve, develop, and enable such services. Digital Enabled Service may include, but are not limited to, (a) remote servicing and inspection, (b) advanced equipment fault detection and diagnostics, and (c) data dashboarding and health reporting. If Customer accesses and uses Software that is used to provide the Digital Enabled Services, the Software Terms (defined below) will govern such access and use.
(19) JCI DIGITAL SOLUTIONS. Use, implementation, and deployment of the software and hosted software products (“Software”) offered under these terms shall be subject to, and governed by, JCI’s standard terms for such Software and Software related professional services in effect from time to time at www.johnsoncontrols.com/techterms (collectively, the “Software Terms”).

Specifically, the JCI General EULA set forth at www.johnsoncontrols.com/buildings/legal/digital/generaleula governs access to and use of software installed on Customer’s premises or systems and the JCI Terms of Service set forth at www.johnsoncontrols.com/buildings/legal/digital/generaltos govern access to and use of hosted software products. The applicable Software Terms are incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto.

Notwithstanding any other provisions of this Agreement, unless otherwise agreed, the following terms apply to Software that is provided to Customer on a subscription basis (i.e., a time limited license or use right), (each a “Software Subscription”): Each Software Subscription provided hereunder will commence on the date the initial credentials for the Software are made available (the “Subscription Start Date”) and will continue in effect until the expiration of the subscription term noted in the applicable statement of work, order or other applicable ordering document. At the expiration of the Software Subscription, such Software Subscription will automatically renew for consecutive one (1) year terms (each a “Renewal Subscription Term”), unless either party provides the other party with a notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term. To the extent permitted by applicable law, Software Subscriptions purchases are non-cancelable, and the sums paid nonrefundable. Fees for Software Subscriptions shall be paid annually in advance, invoiced on the Subscription Start Date and each subsequent anniversary thereof.

Customer shall pay all invoiced amounts within thirty calendar days after the date of invoice. Payments not made within such time period shall be subject to late charges as set forth in the Software Terms. Unless otherwise agreed by the parties in writing, the subscription fee for each Renewal Subscription Term will be priced at Johnson Controls’ then-applicable list price for that Software offering. Any use of Software that exceeds the scope, metrics or volume set forth in this Agreement and applicable SOW will be subject to additional fees based on the date such excess use began. (20) PRIVACY.
(a) JCI as Processor. Where JCI factually acts as Processor of Personal Data on behalf of Purchaser (as such terms are defined in the DPA) the terms at www.johnsoncontrols.com/dpa shall apply. (b) JCI as Controller. JCI will collect, process and transfer certain personal data of Purchaser and its personnel related to the business relationship between it and Purchaser (for example names, email addresses, telephone numbers) as controller and in accordance with JCI’s Privacy Notice at https://www.johnsoncontrols.com/privacy. Purchaser acknowledges JCI’s Privacy Notice and strictly to the extent consent is mandatorily required under applicable law, Purchaser consents to such collection, processing and transfer. To the extent consent to such collection, processing and transfer by JCI is mandatorily required from Purchaser’s personnel under applicable law, Purchaser warrants and represents that it has obtained such consent. (21) ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. (22) CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson in writing.

T&C Version: 01/04/2024
Document A3l0 rM
- 2010
Bid Bond
CONTRACTOR:
(Namc, Icgal slatus and addns¡)
Johnson Controls, lnc.
103 Woodmere Road, Suite 110
Folsom, CA 95630
OWNER:
(Nanrc, lcgal snnts ond atiln¿ss)
City of Porterville Parks and Leisure Services
15 E ThurmanAve, SuiteA
Porterville, CA 93257
BOND AMOUNT: 10o/o Ten Percent of Amount Bid
PROJECT:
(Nanc, locatlon or odùess ond ltrcJect nunúv, [ot$,)
RFP No. 24l25-SR1999 City Hall Metasys System Upgrade
Conforms wllh The Amerlcan lnstlûrte of Archltects AIA Document 310 SURETY:
¡Nama l4al $atus ond pttttclpul pkce uf ht*lne*r)
Liberty Mutual lnsurance Company
175 Berkeley Street
Boston, MA 02116
Malllng Addrsss for Noüces
175 Berkeley Street
Boston, MA 02116
Thls document haô lmport¡nl
hgal conssquencsc, Consulltt¡on
wilh ân âttornoy lo encouraged
wllh respect lo ll! complollon o.
rnodiflcatlon.

Any elngular relersnco to
Contractor, Suroty, O¡Yner ot
other party shall bo consldeted
plural where applicable.

Thc Co¡tractof ond Surcty orc bound to lhc Orvncr in lhc omot¡nt sct forth obovc. for thc po1'mcnt of rvhicl¡ thc C. on_troctor ond, Surcç' bind tl¡cnrsctr.cs. thoir hcirg oiccutors, ¡dnlinistroto¡s. ¡ucco¡sors ond ossign* jointly ond scvøoll¡ as povided hcrcin. Tho co¡¡ditions ofthic Bond arc such tlut if rt¡c Os'ncr acccpts thc bid of thc Contractor rvitlii¡¡ túc tinic spccificd in thc bid docr¡mcnts, or rv¡thin srrch timc pciod os ruoy lx ogrccd to by tho Otlcr ¡nð Cbntroctor, and lhe Cortroctor oithcr(l) cr¡tcrs i¡tto o contract rvith tl¡c O*r¡cr in ¡ccordoncc rvilh thc tønrs of-such bid,-ond givcs such bond or bonds os nroy bo spcitìcd in thc bidding or Conlrocl Docuncnts, rvith o surcty odrnitted in thcjurisdictionofthclrrojótandothcnvisoacccptoblololhoOtrrcr,forthofaithfulpc¡fornronccofsucl¡Cot¡l¡tcttttdfor_thoproupt -
paynrcnt oflobor ¡nd nroicriol funlished in tho proæcution lhercot'; or (2) poys lo tl¡o Orvnar lhc diflcrcncg notlo excecd tho ontount of il¡i gon4 bctrvccn tl¡c anrount spccificd in soid bid and such torgcr ourou¡rt for rvhich tho Osrtor ntoy in good faith conlroct rv¡th onothcr }urðfy trireUy nrivcs any nolice ol'sn ¡¡gr€emcû¡ bchvcen tlw Orv¡¡er rnd Cuntrsctor l() ex(€nd thc ti¡nc in rvhich the Orvner ntay ucccpt lhc birr. Wsivcrót'notirro ly tho Surcty rhulinot upply to rny ëxtcn$¡on cxcectling sixty (fr0) dlys in thc aggrogole bc¡rrntl thc linro lirr acrucpfonce ol'bitts qreiitiø in tl¡e birl docunrcnti snd tlre Osterr¡nd Conlmè&rr shull obtuin thc Surel¡'s con$€nt l¡tr ün €xlcnsion be¡ontl sixty (60) do¡'s.
tfthis Bond is issr¡cd ir¡ conncction wi¡h n subcontractols bid to o Conl¡cctor, lhc tcmr Conlroclor in this Bond sl¡lll bc dccnrcd to bc Subcontrûclor ûnd tlrc tcrm Onncr sh¡tl bc dccntcd to bc Controctor.

Whcn lhis Bon¡l hts bcen tìrmishcd to oonrply with a slultlory or othcr legol requircmcnt in lhe krcot¡or ol'thc PniecÇ any pnrvision in thir¡ Bor¡rt contìicting sith suid stûl¡rtory or legol rcquironrcnt rhull þ dcemed dclclerl høclh¡m und prorisiontconlbrnring to xuch os u statulory trrnd and nol ot o crlmntrln l¡rv hlnd.

Signed and scalcd this 17th doy of April, 2025.

Johnson lnc.
1912
s.005dAs 8110
Mutuall Com
NOTARY ACKNOWLEDGMENT OF PRINCIPAL :

State of Connecticut
County of Hartford ss.

On this the_]4h day ot-_-4Pd--,20 zs-,before me, Stephanie Harvey the undersigned officer, personally appeared Ally Nardini . who acknowledged himselflherself to be the
Johnson Controls, lnc.

Attorney-in-Fact of
a corporation, and that s/he as such
Attorney-in-Fact , being authorized so to do executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as Attorney-in-Fact
In witness whereof I hereunto set my hand. STEPHANIE HARVEY NOTA.RV PWUC - CT 185862
l,fy Commf slon Explræ Mar. 91\ 2027
Date Commission Expires March 31 2027
Stephanie Harvey
PrintedName of Notary
.t
NOTARY ACKNOWLEDGMENT OF SURETY:

State of Connecticut
County of Hartford ss.

On this the-l7th
-daY
of April , 20 25-, before me, Rhonda Tischofer, the
undersigned officer, personally appeared Doritza Moiica , known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney-In-Fact for Libertv Mutual lnsurance
Notary
Date Commission Expires: Januarv 31, 2029
Rhonda Tischofer
Printed Name of Notary
and acknowledged that

RHONDA TISCHOFER
NOTARY PUBTJC . #190920

STATE OF CONNECTICUT
My Commiesion Ëxplras jan. 31' 2029
ComÞanv
s/he executed the same as the act of his/her principal for the purposes therein contained.

In witness whereof I hereunto set my hand.
{
Johnson
'lß'
Controls

DELEGATION OF AUTHORITY
The undersigned, Craig A. Bartol, Executive Director Risk Management, pursuant to the authority vested in him by a certain Delegation of Authority Certificate issued by Johnson Controls, Inc. on Jtnre I of2023, hereby authorizes:

Ally Nardini
Assistant Client Services Specialist
Willis of New York,Inc
10 State House Square, Floor 11
Hartford, CT' 06103
to perform, on behalf of the Company, the acts described below:

To execute, seal and deliver, as attorney-in-fact for the Company, surety bonds forwarded to Willis of New York, Inc. by the Company that do not exceed Two Million Dollars ($2,000,000.00) that are necessaly and proper in carrying on the business of the CompanY.

This authority shall remain in firll force and effect for one (l) year from the date of issue unless earlier revolcecl in vwiting by the undersigned or the President or any Vice President of Johnson Controls, Inc.

Signed at Milwaulcee, Wisconsin, this lTthday of April 2025.

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Craig A. Bartol
Executive Director Risk Managernent
'ol
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Libertv
MutuáI.
5URElY
KNOllll ALL PER8OIIS 8Y II{ESE PRESEIIÍS: That The

POWER OF ATTORNEY
Liberty Mutual lnsurance Company
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Item No. 5.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Amendment No. 4 to Consultant Services Contract - Main Street Reconstruction Project
SOURCE: Engineering and Project Management
COMMENT: At its meeting on February 19, 2019, the City Council authorized executing a consultant services contract with QK, Inc. for the Main Street reconstruction project from Morton Avenue to Olive Avenue.

Since then, multiple changes and/or additional services have been required to fully address the needs of the project, including modifying the timing of improvements and design phases to reduce the impact on Main Street businesses and accommodate community events, while evaluating the condition of the existing culvert. The landscaping was addressed through the construction of Phase 2A, and the culvert analysis was recently completed, showing no structural deficiencies.

The original contract proposed to design Main Street from Olive Avenue to Putnam Avenue, but in order to complete construction this year and not have the culvert analysis delay progress, it was split into two phases.

The first section from Putnam Avenue to Garden Avenue is now nearing completion of construction. Due to the splitting of the work, there are additional costs in creating a separate, standalone plan set for the last section from Garden Avenue to Olive Avenue. The proposed amendment costs associated with this change would allow QK to complete the design of the remaining section between Garden Avenue and Olive Avenue.

Staff is seeking an amendment to the QK, Inc. service agreement for the items detailed above in the amount of $79,150. An additional ten percent (10%) contingency is anticipated to cover any unforeseen costs.

Funding for this amendment is available in the Special Gas Tax Fund.

RECOMMENDATION: That the City Council:

Item No. 5.

1. Authorize the Engineering & Project Management
Director to execute Amendment No. 4 to QK, Inc Service
Agreement at an agreed upon fee of $79,150 for the
services described herein; and

2. Authorize progress payments up to one hundred percent (100%) of the fee amount and authorize a ten percent
(10%) contingency to cover unforeseen costs.

ATTACHMENTS: 1. Amendment No. 4
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
P230307/190121 Page 1 of 1
April 15, 2025
AMENDMENT NO. 4

TO SERVICE AGREEMENT

BETWEEN CITY OF PORTERVILLE AND QK
THIS AMENDMENT to the Agreement between City of Porterville, (hereafter “Client”) and QK (hereafter “Consultant”) is made this _____ day of _____________, 2025:

WHEREAS, on March 21, 2019, Client and Consultant entered into a contract whereby Consultant would provide to design and engineering services for the Main Street Reconstruction project (“Project”); and
WHEREAS, on June 19, 2023, Client authorized Amendment No. 1 (written Notice to Proceed) for Consultant to perform construction staking services for Phase 1 of the Project for a time and materials fee of $10,000; and
WHEREAS, on August 29, 2023, Client authorized Amendment No. 2 (written Notice to Proceed) for Consultant to perform construction staking services for Phase 2 of the Project for a time and materials fee of $15,000; and
WHEREAS, on February 5, 2024, Client authorized Amendment No. 3 (written Notice to Proceed) for Consultant to perform additional geotechnical services for the Project for a fixed fee of $6,300; and WHEREAS, Client has requested Consultant to perform additional services as outlined in Attachments A and B dated April 15, 2025.

NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:

1. The Project budget per the original Contract dated March 21, 2019, and as previously amended shall be amended as described in Attachment A dated April 15, 2025.

2. The original Contract dated March 21, 2019, and as previously amended shall be amended to include the services described in Attachment B dated April 15, 2025.

3. The services described in Attachment B dated April 15,2025 will be provided for an estimated fee of $190,050.00, to be billed on a time and materials (T&M) basis per the attached charge rate schedule.

4. The additional fee of $190,050.00 will be added to the current Project budget for a total estimated fee of $539,750.00.

EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between City of Porterville and Quad Knopf, Inc., dba QK dated March 21, 2019 and amended as referenced herein shall remain and continue in full force and effect.

QK CITY OF PORTERVILLE
By: By:

Name: Amber Aguayo Name:

Title: CFO/COO Title:

Task # Task Name Budget Invoiced to Date Balance
Closed?
(Y/N)
Remaining
Balance
Proposed
Adjustments
Proposed
Adjusted Task
Budgets
Proposed
Remaining
Balances
Proposed
Amendment
Proposed Task
Budgets

1.0 Project Management $25,000.00 $22,053.00 $2,947.00 N $2,947.00 $0.00 $25,000.00 $2,947.00 $13,900.00 $38,900.00

2.0 Boundary & Topo Survey $52,000.00 $51,982.00 $18.00 Y $18.00 ($18.00) $51,982.00 $0.00 $51,982.00

3.0 Geotechnical Investigation $12,000.00 $12,000.00 $0.00 Y $0.00 $0.00 $12,000.00 $0.00 $12,000.00

4.0 Preliminary Plans $75,000.00 $73,120.00 $1,880.00 Y $1,880.00 ($1,880.00) $73,120.00 $0.00 $73,120.00

5.0 Phase 1-Underground Facilities & Drainage $38,000.00 $33,542.00 $4,458.00 Y $4,458.00 ($4,458.00) $33,542.00 $0.00 $33,542.00

6.0 Phase 2-Street Reconstruction (Morton-Putnam) $41,500.00 $47,834.00 ($6,334.00) Y ($6,334.00) $6,334.00 $47,834.00 $0.00 $47,834.00

7.0 Phase 3-Street Reconstruction (Putnam-Olive) $40,000.00 $59,626.00 ($19,626.00) N ($19,626.00) $34,422.00 $74,422.00 $14,796.00 $52,150.00 $126,572.00

8.0 Phase 4-Intersection Reconstruction $34,400.00 $0.00 $34,400.00 Y* $34,400.00 ($34,400.00) $0.00 $0.00 $0.00

9.0 Construction Staking: Thurman SD $10,000.00 $2,694.00 $7,306.00 Y** $0.00 $0.00 $10,000.00 $0.00 $10,000.00

10.0 Construction Staking: Main St (Morton/Putnam) $15,500.00 $9,831.00 $5,669.00 Y** $0.00 $0.00 $15,500.00 $0.00 $15,500.00

11.0 Additional Geotechnical Investigation $6,300.00 $6,300.00 $0.00 Y $0.00 $0.00 $6,300.00 $0.00 $6,300.00 $349,700.00 $318,982.00 $30,718.00 $17,743.00 $0.00 $349,700.00 $17,743.00 $66,050.00 $415,750.00

12.0 Main Street Accessible Parking Stalls (T&M) $110,900.00 $110,900.00

13.0 Design Support During Construction (T&M) $13,100.00 $13,100.00

14.0 Intersection Reconstruction TBD TBD

14.1 Concept plans & Public Comment Assistance TBD TBD

14.2 Prepare PS&E documents TBD TBD
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $124,000.00 $124,000.00 $349,700.00 $318,982.00 $30,718.00 $17,743.00 $0.00 $349,700.00 $17,743.00 $190,050.00 $539,750.00 * Proposed to be closed with this amendment.
** These are T&M budgets that the City closed at end of the construction of the project phase.

Subtotals
Attachment A
Proposed Budget Adjustments
Subtotals
Subtotals
Based on Budget Information as of 03/29/25 Amendment No. 4 Attachment B
Amendment No. 4 – Scope of Services and Fee Estimate
City of Porterville – Main Street Reconstruction Project Page 1 of 5 Amendment No. 4 – Scope of Services & Fee Estimate April 15, 2025

BACKGROUND AND PROJECT UNDERSTANDING
The City of Porterville (City) and QK entered into an agreement dated March 21, 2019, for QK to perform engineering design and survey services for the Main Street Reconstruction Project. To date, the following portions of the project have been completed:
• Boundary and topographic survey
• Preliminary plans
• Phase 1 – Thurman Avenue storm drain plans and construction staking • Phase 2 – Main Street (Morton-Putnam) plans and construction staking • Phase 3A – Main Street (Putnam-Garden) plans and currently in construction During the course of the project, The City and QK have agreed to making modifications to the sequence of construction for the phases as well as some of the items within each phase. Some of these modifications include:
• Moving the landscape and irrigation improvements from Phase 2 to Phase 3 for both phases. • Adding modifications to the landscape based on input from businesses and City Council. • Splitting Phase 3 into two (2) phases, identified as Phase 3A and Phase 3B, to evaluate the existing culvert under Main Street north of Olive Avenue.
• Evaluating the condition of the existing culvert under Main Street. This evaluation is being done by others and QK will review the report to determine street improvements to be constructed over the culvert. (Improvements required to the culvert or to protect the culvert are not included with this proposal and QK will prepare an additional proposal for that work.)
• Adding City requested accessible parking stalls along Main Street to replace the existing stalls on the side streets. This would apply to Main Street from Morton Avenue to Olive Avenue.

In order to maximize the use of the current budget and allow for an updated scope for the original Phase 4 – Intersection Reconstruction, QK is proposing to close-out the Phase 4 budget at this time. An updated or redefined scope and fee will be provided following the completion of the Phases 3A and 3B construction based on additional input from the business owners, City Council, and City staff as well as other identified stakeholders. The following budget adjustments are proposed with this amendment and are shown in Attachment A.

APPROACH/SCOPE OF SERVICES
The following scope of services is proposed for the completion of the Phase 3 project based on the proposed budget adjustments shown in the Background and Project Understanding described above and Attachment B. The proposed beginning balances along with the additional fees based on the scope described below are included in the Fee Estimate section.

Task # Task Name Budget Invoiced to Date Balance
Closed?
(Y/N)
Remaining
Balance
Proposed
Adjustments
Proposed
Beginning
Balances

1.0 Project Management $25,000.00 $22,053.00 $2,947.00 N $2,947.00 $0.00 $2,947.00

2.0 Boundary & Topo Survey $52,000.00 $51,982.00 $18.00 Y $18.00 ($18.00) $0.00

3.0 Geotechnical Investigation $12,000.00 $12,000.00 $0.00 Y $0.00 $0.00 $0.00

4.0 Preliminary Plans $75,000.00 $73,120.00 $1,880.00 Y $1,880.00 ($1,880.00) $0.00

5.0 Phase 1-Underground Facilities & Drainage $38,000.00 $33,542.00 $4,458.00 Y $4,458.00 ($4,458.00) $0.00

6.0 Phase 2-Street Reconstruction (Morton-Putnam) $41,500.00 $47,834.00 ($6,334.00) Y ($6,334.00) $6,334.00 $0.00

7.0 Phase 3-Street Reconstruction (Putnam-Olive) $40,000.00 $59,626.00 ($19,626.00) N ($19,626.00) $34,422.00 $14,796.00

8.0 Phase 4-Intersection Reconstruction $34,400.00 $0.00 $34,400.00 Y* $34,400.00 ($34,400.00) $0.00

9.0 Construction Staking: Thurman SD $10,000.00 $2,694.00 $7,306.00 Y** $0.00 $0.00 $0.00

10.0 Construction Staking: Main St (Morton/Putnam) $15,500.00 $9,831.00 $5,669.00 Y** $0.00 $0.00 $0.00

11.0 Additional Geotechnical Investigation $6,300.00 $6,300.00 $0.00 Y $0.00 $0.00 $0.00 $349,700.00 $318,982.00 $30,718.00 $17,743.00 $0.00 $17,743.00 * Proposed to be closed with this amendment
** These are T&M budgets that City closed at end of the project task Subtotals
City of Porterville – Main Street Reconstruction Project Page 2 of 5 Amendment No. 4 – Scope of Services & Fee Estimate April 15, 2025 TASK 1.0 PROJECT MANAGEMENT
The project has been extended with the split of the Phase 3 improvements and the additional services listed above in the Background and Project Understanding section. The following project management services will continue throughout the life of the project. We have estimated project management services will extend through October of 2026 for Phase 4 completion.
• Progress Meetings: QK will attend and administer progress meetings for the duration of the design phase.

The scope of work assumes approximately one (1) meeting per month or six (6) meetings total. • City Coordination: QK will coordinate with City on status of design, plan review comments, discussions with outside entities, changes in scope of work, budgets, project cost estimates, and other items that may impact budget or schedule. We will also coordinate with City staff during their preparation of the environmental document as needed to provide project specific information. • Project Management: QK will provide project management throughout the phases of design. Project management includes coordination with City, subconsultants and outside agencies. Project management includes managing project budget, invoices, reimbursables, meeting notes, design changes, meeting attendance, deliverables, and other related functions.

Deliverables:
• Meeting minutes, schedules, and memos, as needed
TASK 7.0 PHASE 3: STREET RECONSTRUCTION
The following scope of services is provided for the completion of the two (2) phases of Phase 3 identified as Phase 3A and Phase 3B, including the additional services presented in the Background and Project Understanding section.

Subtask 7.1 Additional Services and Phase 3B
Phase 3A (Putnam Avenue to Garden Avenue) PS&E documents have been completed and the project is under construction. Phase 3A also includes all the landscape and irrigation improvements from Morton Avenue to Olive Avenue and the repainting of the signal poles, bollards, and street signs for the full length of the project. Phase 3B will include street reconstruction for the remainder of the project (Garden Avenue to Olive Avenue) and upgrade the Olive Avenue/Main Street signal to use cameras instead of loops for vehicle detection like Morton Avenue/Main Street and Putnam Avenue/Main Street signals with Phase 2.

During construction of Phase 3A, the City has requested that QK provide additional design services to include accessible stalls in compliance with ADA requirements along Main Street and replace the existing accessible stalls along the side streets.

Services to be provided for this Subtask include:
• Review the culvert evaluation from the City to confirm street reconstruction work at the culvert. (Culvert protection, upgrades, or replacement are not included.) • Prepare preliminary accessible parking stall detail to be used along Main Street for City review and approval prior to including it in the project plans.
• Prepare 90%, 100%, and final PS&E documents for Phase 3B street reconstruction and Main Street/Olive Avenue signal upgrade to camera detection.

Deliverables:
• Comments on culvert condition evaluation prepared by others • Conceptual and preliminary details for accessible stalls along Main Street to replace accessible stalls on side streets
• 90% and 100% PS&E documents for City review and comment City of Porterville – Main Street Reconstruction Project Page 3 of 5 Amendment No. 4 – Scope of Services & Fee Estimate April 15, 2025 • Final signed, stamped PS&E documents for bidding
TASK 12.0 MAIN STREET ACCESSIBILITY PARKING STALLS
The City has requested that accessible parking stalls be constructed along the Main Street Reconstruction Project from Morton Avenue to Olive Avenue. Under Subtask 7.1, QK will prepare a preliminary design for the accessible stalls for the project. Based on the City’s desired criteria of one stall per block on each side of the street, approximately 16 stalls are likely to be constructed. The following scope of work and fees for this task are based on up to 16 stalls at 18 separate locations along the entire project. It is also assumed that the designs and details for these accessible stalls will be included with the plans for Phase 3B.

Subtask 12.1 Additional Topographic Survey
QK will perform additional record/topographic surveys of areas constructed with Phase 2 and Phase 3A for the Main Street Reconstruction Project which have been identified as locations for accessible stalls. Additional topographic surveys will be performed within Phase 3B to provide additional information for the design of the stalls. It is assumed that there are a total of 16 accessible stall locations.

The topographic surveys will be performed in accordance with the existing contract and consistent with the previous topographic surveys. Additional topographic survey information will be integrated into the previous surveys.

Deliverable:
• Base map for the accessible parking stall construction details Subtask 12.2 Additional PS&E Services for Accessible Parking QK will prepare construction details for the accessible parking stalls. These detail sheets will be included with the Phase 3B 90%, 100%, and the final signed, stamped plans and bid document submittals to the City. The plans will include construction details for up to 16 accessible parking stalls.

Deliverables:
• Accessible parking stall construction details with the 90% and 100% Phase 3B PS&E documents for City review and comment
• Include final accessible parking stall construction details with the final signed, stamped PS&E documents for bidding
TASK 13.0 BIDDING SERVICES AND DESIGN SUPPORT DURING CONSTRUCTION City staff are managing the advertising and bid phase for Phase 3B of this project. Currently, the bid phase of the project is expected to be from May 2025 to July 2025. QK will support the City with bid-phase services on an asneeded basis and may include:
• Attend Pre-Bid Meeting, if requested.
• Respond to bidder’s questions (RFIs), as required. (Up to 20 RFI’s are assumed) • Revise/Update PS&E documents per Addenda, as required. (Up to four (4) revisions/updates are assumed) QK’s project team will aid the City during construction of Phase 3B on an as-needed and as-requested basis. Design support services requested by the City may include:
• Provide consultant interpretation of the design drawings • Review requests for information (RFIs)
• Review submittals
• Attend pre-construction meeting
(OPTIONAL)
City of Porterville – Main Street Reconstruction Project Page 4 of 5 Amendment No. 4 – Scope of Services & Fee Estimate April 15, 2025 • Attend construction meetings via Zoom or Microsoft Teams • Attend site visits to resolve construction related issues • Assist with construction change orders
These services will be provided on a Time and Materials (T&M) basis as requested by the City. The proposed budget provides approximately 60 hours of QK and subconsultant staff time Deliverables:
• Bid Phase Review and Response to RFIs, as requested.
• Addenda to bid documents, as required.
• Responses to RFIs, submittals, and change orders, as requested by the City and noted above TASK 14.0 PHASE 4: INTERSECTION RECONSTRUCTION (OPTIONAL) Task 14.0 will replace Task 8.0 for the Phase 4: Intersection Reconstruction due to the elapsed time and need to engage downtown businesses, City Council members, City staff, and stakeholders in the process of selecting the design concept for the reconstruction of the nine (9) intersections on Main Street from Morton Avenue to Olive Avenue. The following is a draft of the scope of work for the intersection reconstruction task to be confirmed with the City prior to finalizing the scope and associated fee for Task 14.0.

Subtask 14.1 Assist City with Public Outreach
• Stakeholders Meetings: QK will assist the City by attending and participating in the presentation to downtown businesses, City Council, and stakeholders on the type intersection improvements to be constructed with the project. It is assumed that there will be up to three (3) meetings. o Initial meeting: The initial meeting will be to present the project and various types of intersection treatments to determine if there is consensus around up to no more than three (3) types of treatments, and determine the number of design options for the intersections, i.e. one (1) design for all intersections or variety of designs (graphics, pictures, artwork, etc.) for each intersection. o Follow-up meeting: The follow-up meeting will present up to three (3) different types of treatment for a sampling of intersections and present ideas for a variety of designs – graphics, pictures, artwork, etc. – for these treatments. The objective of the meeting is to narrow the treatment options to one (1) preferred option and consensus on the range of designs for that treatment. o City Council Meeting: QK will assist City staff in presenting the proposed concept treatment and design(s) to be included in the Phase 4 construction.
• Conceptual Plans: QK will assist City staff with research and preparation of concepts for the intersection treatments that will be presented at the stakeholder meetings listed above. o Initial meeting: QK will provide research and pictures of a variety of intersection treatments and designs for use in the initial meeting.
o Follow-up meeting: QK will prepare concept plans for up to three (3) different types of treatment for a sampling of intersections and present ideas for a variety of designs – graphics, pictures, etc. – for these treatments.
o City Council Meeting: QK will prepare the proposed concept treatment and design(s) to be presented to City Council for inclusion in the Phase 4 construction.

Subtask 14.2 Prepare PS&E Documents
Following the completion of Subtask 14.1 and determining the approved concept plans and designs for the intersection reconstruction, QK will complete the PS&E documents as presented below. • 60% PS&E: QK will prepare the 60% PS&E based on the preliminary plans scope of work including intersection reconstruction/enhancement defined under this task. Plans will be submitted to the City for review. QK will address 60% PS&E review comments for 90% review.

City of Porterville – Main Street Reconstruction Project Page 5 of 5 Amendment No. 4 – Scope of Services & Fee Estimate April 15, 2025 • 90% PS&E: QK will revise and submit 90% PS&E to the City for review incorporating review comments. QK will address 90% review comments.
• Final PS&E: QK will issue Final PS&E for construction incorporating 90% review comments.

Deliverables:
• The number of concept layouts and designs is to be determined prior to finalizing the scope of work for this task.
• PS&E documents for the 60%, 90%, and Final submittals

SCHEDULE
It is assumed that the overall schedule is for the completion of the construction of Phase 3B by November of 2025 and completion of construction of Phase 4 by November of 2026. QK and City staff will confirm the schedule at the kick-off meeting for completion of PS&E phase of Phase 3B.

FEE ESTIMATE
The following fee estimate assumes the proposed budget adjustments outlined in the Background and Project Understanding section above and Attachment A are approved as part of this amendment.

Task Description Fee
Type
Proposed Current
Remaining
Balance
Proposed
Budget Fee
Amendment
Total Remaining
Task Budget
Amount

1.0 Project Management T&M $2,947 $13,900 $16,847

7.0 7.1
Phase 3: Street Reconstruction
Additional Services and Phase 3B
T&M $14,796
$52,150
$66,946

12.0 12.1

12.2 Main Street Accessibility Parking Stalls
Additional Topographic Survey
Additional PS&E Services for Accessible
Parking

T&M N/A
$24,000
$86,900
$110,900

13.0 Bidding Services and Design Support
During Construction
T&M NA $13,100 $13,100

14.0 Phase 4: Intersection Reconstruction
(Optional)

T&M NA TBD TBD
Total Fee (excluding Task 14.0) $17,743 $190,050 $207,793 Notes:

1. Expenses for reproduction, mailing, mileage, etc. are billed separately per our attached Charge Rate Schedule.

2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.

3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.

4. The Fee Estimate is good for a period of 90 days from the date of the proposal. After 90 days, the Fee Estimate is subject to change.

EXCLUSIONS AND ASSUMPTIONS
• Geotechnical Services are excluded.
• Improvements or upgrades to the existing culvert on Main Street north of Olive Avenue are excluded. • Any other services not specifically described above are excluded. (Optional)
Charge Rate Schedule
Item No. 6.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Asphalt Grinding Program for Fiscal Year 2025-2026 SOURCE: Public Works
COMMENT: Staff is seeking City Council authorization for the expenditure of funds to contract with an asphalt grinding contractor for annual services. This contract would secure competitive pricing and significantly enhance the efficiency and quality of work during the Fiscal Year 2025-2026 overlay season.

The proposed grinding services would include milling of city streets, gutter edges, and the blending of existing asphalt during dig-outs and transitions through the project areas. These services are essential to ensure proper asphalt thickness, which is critical for the longevity and durability of overlay projects.

By utilizing an asphalt grinding contractor, City staff can overlay streets with a lower than normal Pavement Condition Index (PCI) rating in lieu of complete reconstruction, resulting in a high-quality finished product.

This process, combined with routine maintenance, would extend the lifespan of streets and generate cost savings that could be reinvested into the City's Street Maintenance Program. Additionally, it would help the Public Works Department maintain minimum staffing levels, reduce equipment operations and maintenance costs, and improve the overall quality of overlay work.

Staff requested quotes for asphalt grinding service from the two local contractors for the Fiscal Year 2025-2026. The quotes are as follows:

Grinding Contractor Quoted Cost of
Service
Mobilization Fee
J. Mack Enterprises, Inc $4,200 @ 8hr Rental No Mobilization Fee Pavement Recycling Systems,
Inc.
$4,100 @ 8hr Rental $360 per day
Based on the received quotes, staff recommends awarding the contract to J. Mack Enterprises Inc., as they submitted the lowest quote for the proposed scope of services. In the event of operational challenges, staff are also requesting authority from the Council to utilize the additional contractor for the same service should schedule conflicts occur. Staff Item No. 6.
propose to prioritize awarding the services in the quoted amount and in the order identified above. Funding for an Annual Grinding Contractor has been allocated in the Capital Improvement Budget 2025-2026 in the amount of $75,000 from the Special Gas Tax Fund.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize annual grinding contractor J.

Mack Enterprises, Inc. for Fiscal Year 2025-2026; and

2. Allow staff to substitute annual grinding contractor pending schedule conflicts as ranked by the quote for
services.

ATTACHMENTS: 1. J Mack Enterprises Inc Quote FY 25 - 26

2. Pavement Recycling Systems Inc Quote FY 25-26 Bid
Form
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Price Quotation
Date 4/2/2025
Bid # 5838
Job Location

ASPHALT GRINDING
RENTAL RATE 2025-2026
City of Porterville
P.O. Box 7600
Visalia CA 93290
Bid Date 4/18/2023
Attention: Joe
Phone (559) 622-9911
Fax (559) 622-9939
Phone
Fax
If a job is cancelled by a customer after J. Mack has been on jobsite, regardless of conditions, customer will assume responsibility for time incurred. ( minnimum 2 hour show-up)

17. The unit prices are quoted are for the estimated quantities set forth herin. The prices are subject to adjustment if the quantity of an item increases or decreases twenty percent (20%) or more from the estimate. Proposal is for Monday through Friday (Non Holiday) normal daytime hours.

It is our goal to offer quality work, with quality people, at competitive pricing. We THANK YOU for the opportunity to prove it.

License #877657
Certified Small Business
#1731864

5. Costs of repairs to damaged machinery due to hitting unmarked obstacles (i.e. water valves, manholes, buried steel or iron) will NOT be the responsiblity of the General Contractor.

6. All teeth over one complete set will be charged to the contractor. This applies to daily rental only.

7. Back charges to J. Mack on unit price projects must be communicated by the contractor in written form within 48 hours from the time of the occurrence. Back charges are limited to the daily rental rate of our machine. No back charges will be accepted on daily rate rental projects.

8.Unless agreed otherwise, payment is due and payable within 30 days of billing. California Prompt Payment laws shall also apply. Code Section 7108.5 - Prime contractor or subcontractor shall pay to any subcontractor, not later than 10 days after receipt of payment for that portion of work.

9. Items not specifically included within the quotation are considered excluded (Permits, Testing, Bonds).

10. If an Insurance Certificate requires a Waiver of Subrogation, an additional charge of $250.00 will be applied.

11. NO RETENTION to be withheld on rental rate work.

12. Retention on unit price work performed by J. Mack longer than 60 days after completion or acceptance of J. Mack's work.

13. Customer aknowledges the scope of J. Mack's work includes changing the elevation of the existing roadway. J. Mack will have no obligation of defense or indemnity arising of claims which are the result of J. Mack's normal construction activity.

14. J. Mack shall not be held liable for damage of property caused by unraveling of the milled surface after vthe contractor has reopened the milled roadway to public traffic.

15. Unless listed at bid time, price quotation is good for 30 days from date of bid.

16. If a job is cancelled by a customer after J. Mack's equipment and crew has been dispatched, regardless of conditions, customer will assume responsibility for all mobilization charges.

1. This bid is not divisible. All items in this quotation must be accepted for the prices set forth above to be effective. This quotation will be incorporated into the subcontract between the parties.

2. All areas to be ground shall be clearly marked by the General Contractor or Agency Represenative prior to commencement of grinding.

3. The above stated price does not include permits, bonds, state or local taxes.

4. USA notification is to be done by the General Contractor prior to commencement of work.

DIR #1000004036
Item Description
JULY 1, 2025 - JUNE 30, 2026

RENTAL RATE SHEET FOR BIDDING PURPOSES ONLY
ASPHALT GRINDING (ONLY) AS DIRECTED: DAILY RENTAL RATES 4' OPERATED MILLING MACHINE FOR (0-8 HOURS) REGULAR HOURS $4,200.00 INCLUDES Cut & load into your trucks, Grind A/C as directed Milling any concrete, Hauling, Sweeping, Traffic Control, Supplying water by truck, Layout, Handwork (Mini Grinder and/or Jack Hammer),Trimming trees/shrubs that may interfere w/milling process, Areas not accessible to our machine, Any specific guarantee of gradation, Sawcutting

EXCLUDES -
To: Quote No: 25-04044
Fax:

Phone:

Bid Date: 4/3/2025
From: Abraham Perez Email: [email protected] 10240 San Sevaine Way, Jurupa Valley, CA 91752
Phone: (951) 682-1091 Fax: (951) 682-1094
CA License # 569352
OR License # 185556
DIR # 1000003363
UT License # 6982390-5501
ID License # 015231-AA-2
NV License # 0036228
AZ License # 183900
WA License # 602-840-640
Proposal and Contract
Pavement Recycling Systems, Inc.

Joe Baeza
City Of Porterville
555 N. Prospect
Porterville, CA 93257
[email protected]
Item # Item Description Estimated Quantity Unit Unit Price Total Price City Of Porterville Quote FY 25-26
1 7' Milling Machine Rental First 4 Hours 1.00 LS $4,100.00 $4,100.00 2 7' Milling Machine Rental Day Rate 1.00 DY $5,100.00 $5,100.00 3 4' Milling Machine Rental First 4 Hours 1.00 LS $3,400.00 $3,400.00 4 4' Milling Machine Rental Day Rate 1.00 LS $4,100.00 $4,100.00 5 2' - 3' Milling Machine Rental First 4 Hours 1.00 LS $4,300.00 $4,300.00 6 2' - 3' Milling Machine Rental Day Rate 1.00 DY $4,900.00 $4,900.00 7 Skid Steer/Mini Milling Machine Rental First 4 Hours 1.00 LS $2,800.00 $2,800.00 8 Skid Steer/Mini Milling Machine Rental Day Rate 1.00 DY $3,200.00 $3,200.00 9 Mobilization Of Rental Equipment 1.00 EACH $360.00 $360.00 10 Pulverizer Rental First 4 Hours 1.00 LS $4,100.00 $4,100.00 11 Pulverizer Rental Day Rate 1.00 DY $5,100.00 $5,100.00 Terms and Conditions
• COLD MILLING RENTAL – STANDARD CONDITIONS
1) Item #1 includes: Provide One (1) 7' Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $500/hr. will apply. 2) Item #2 includes: Provide One (1) 7' Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $700/hr. will apply. After 10 hours for each shift worked premium rates will apply. 3) Item #3 includes: Provide One (1) 4' Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $350/hr. will apply. 4) Item #4 includes: Provide One (1) 4' Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $500/hr. will apply. After 10 hours for each shift worked premium rates will apply. 5) Item #5 includes: Provide One (1) 2' - 3' Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $300/hr. will apply. 6) Item #6 includes: Provide One (1) 2' - 3' Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $500/hr. will apply. After 10 hours for each shift worked premium rates will apply. 7) Item #7 includes: Provide One (1) Skid Steer/Mini Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $200/hr. will apply. 8) Item #8 includes: Provide One (1) Skid Steer/Mini Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $400/hr. will apply. After 10 hours for each shift worked premium rates will apply. 9) Item #9 includes: One (1) Mobilization for the move on and off the project. 10) Excludes: Saturday or Sunday work, Traffic control, water/water truck, hauling, sweeping, detailing/handwork, removal of pcc, survey/project layout, maintenance of the project.
11) All work is to be performed under the direct supervision and control of the customer. Customer accepts all liability for any claims arising from work performed as directed.
12) Price is good through June 30, 2026.

Page 1 of 3 ends

www.pavementrecycling.com
Abraham Perez
To: Quote No: 25-04044
Fax:

Phone:

Joe Baeza
City Of Porterville
555 N. Prospect
Porterville, CA 93257
[email protected]
• PULVERIZATION RENTAL– STANDARD CONDITIONS
1) Item #10 includes: One (1) Pulverizer, operated and maintained at a lump sum price, based on a Four (4) hour shift. Additional hours after 4 to be billed $500/hour. Material to be left in place. The minimum width of cut is 8'. 2) Item #11 includes: One (1) Pulverizer, operated and maintained at a lump sum price, based on an Eight (8) hour shift. Additional hours after 8 to be billed at $800/hour. More than 10 hours a day, or weekends, premium rates will apply. Material to be left in place. The minimum width of cut is 8'.
3) Item #9 includes: One (1) Mobilization for the move on and off the project. 4) All pulverizing equipment rental rate work is customers work and will be performed as directed and under supervision of customer. 5) Customer accepts all liability for claims arising from work performed as directed. GRADATION GUARANTEE IS SPECIFICALLY EXCLUDED. 6) Contractor to locate and mark any utilities/obstructions in and under the mixing area and remove as necessary. PRS is not responsible for damage to underground utilities in or under mixing area. Damage to our equipment to be billed at time and materials. 7) Excludes: Pulverizing AC pavement on PCC, CTB, rock larger than 3" or any asphalt thicker than 12" depth. Pavement to be ground must be scraped clean of all debris by the contractor. Traffic loops are to be sawcut in 2-foot intervals prior to pulverization. 8) Excludes: Barricades, traffic control, flagging, loading/hauling of material, cleanup, handwork, dust control, layout of work, pulling out areas inaccessible to equipment, SWPP, USA notification, marking or location of utilities - see "GENERAL CONDITIONS" 9) Price is good through December 31, 2024.
• GENERAL CONTRACT TERMS & CONDITIONS
· GC.01 ACCEPTANCE of this bid/proposal/quotation (Bid) from PAVEMENT RECYCLING SYSTEMS, INC. (PRS) requires that the PRICING, SPECIAL CONDITIONS and the GENERAL CONDITIONS of this Bid be included in any subcontract or purchase order agreement (Contract) and the Bid terms and conditions take precedence over any conflicting terms. · GC.02 PRS will not surrender any portion of extra work or force account mark-ups except those reserved by the owner for the General Contractor.
· GC.03 California prompt pay statutes shall be enforced. · GC.04 Unless otherwise defined in the SPECIAL CONDITIONS of this bid PRS excludes from the services quoted herein: MAINTENANCE AND PROTECTION OF THE MILLED SURFACE, TRAFFIC CONTROL, SURVEYING, LAYOUT, SAWCUTTING AND TEMPORARY TAPERS. · GC.05 Upon completion of each segment of the designated work by PRS the work shall be deemed accepted and approved and the Customer shall assume maintenance and protection of the work. · GC.06 All utilities, obstructions, and foreign objects in the work zone must be marked and located by the Customer prior to PRS's work.

PRS excludes any damage to unmarked or improperly located obstructions in the zone of work. PRS excludes notification to any underground alert service, marking or location of underground utilities. By accepting the Bid, the Customer accepts sole responsibility for, and all subsequent liabilities coincident with the following requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the California Government Code. · GC.07 Any indemnity and defense obligation required from PRS shall be proportional and limited to the extent PRS's acts, omissions, fault or negligence contribute to any alleged or actual claims or damages. · GC.08 Insurance included in this Bid: Commercial Liability $2MM per occurrence / $4MM aggregate; $4MM Products and Completed Operations Aggregate; $2MM Personal and Advertising Injury; $2MM Commercial Auto; Worker's Compensation coverage per statute. · GC.09 Work performed under the terms of "Rental Agreements" are due 100% in-full on a Net 30 Day basis and are not subject to Retention or other withholds, unless otherwise agreed upon in writing. · GC.10 "Rental Agreements" are not subject to warranty, guarantees, backcharge, performance, claims, indemnification of Customer shall accept all liability for any claims arising from work being performed as directed. PRSI shall not be obligated to indemnify or defend Contractor with respect to the sole or active negligence, or willful misconduct, of Contractor, Owner, its agents, servants, or other indemnified parties. Subcontractor's indemnity and defense obligation shall be proportional to the extent Subcontractor's acts, omission, fault, or negligence contribute to any claims or damages. • All WRAP projects are NOT included in our insurance program and it is your responsibility to give us PRIOR to doing the work the enrollment and manual for any WRAP program that applies to the project.

Page 2 of 3 ends

www.pavementrecycling.com
Abraham Perez
To: Quote No: 25-04044
Fax:

Phone:

Joe Baeza
City Of Porterville
555 N. Prospect
Porterville, CA 93257
[email protected]
95% Monthly Progress Estimate and Retention Withhold as permitted by Contract and State Law.

Notice "Under the Mechanics Lien Law (California Code of Civil Procedure, Section 1181 et seq.), any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer or supplier remains unpaid." Payment Terms
Date: Accepted By:

Page 3 of 3 ends

www.pavementrecycling.com
Abraham Perez
Item No. 7.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Annual Emulsion Program for Fiscal Year 2025/2026 SOURCE: Public Works
COMMENT: Staff is requesting authorization from the City Council for the expenditure of funds to contract with an emulsion distributor for annual services. Establishing this contact will secure pricing and significantly improve the efficiency and quality of work for the 2025/2026 Overlay Season.

Emulsion is a bonding agent for cold and hot mix asphalt operations. To support the upcoming season, staff solicited quotes from two local emulsion distributors for services during Fiscal Year 2025/2026. The quotes received are as follows:

Emulsion Distributor Quoted Price Per Gallon
Standard Emulsion Inc. $3.22 Per Gallon
Cain Trucking Inc. $3.25 Per Gallon
Based on the quotes received, staff recommend awarding the Annual Emulsion Services to Standard Emulsion Inc., which submitted the lowest quote for the proposed scope of services. In the event of operational challenges or scheduling conflicts, staff also request authorization to utilize the additional contractor listed above to ensure continuity of service.

Staff propose to prioritize awarding the services in the quoted amounts and in the order identified. Funding for this program will be provided through the Surface Transportation Program Funds, Measure R Local Funds, and Measure I.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize emulsion distributor Standard Emulsion Inc. for the Fiscal Year 2025/2026;

2. Allow staff to substitute emulsion distributors pending schedule conflicts as ranked by the quote for services; and

3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance
Item No. 7.

Program.

ATTACHMENTS: 1. Standard Emulsions Tac Quotes 2025-2026 10348

2. Cane Trucking Tac Oil Quote 2025-2026
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Estimate
Date
4/2/2025
Estimate No.
52 Customer

CITY OF PORTERVILLE
291 N. Main Street
Poterville, CA 93257
Standard Emulsions Co.

Standard Emulsions Inc
PO BOX 8115
Santa Maria
CA 93456
Project
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
Phone #
805-332-3650
Fax #
805-435-3748
E-mail
[email protected]
Web Site
www.standardemulsions.com
Total
By:

Title:

Purchaser:

This proposal is valid for five (5) days from the date shown above. Please return one fully executed original of this Agreement either by FAX (805) 435-3748 or email to Flavio ([email protected]). Upon receipt of signed agreement (preferred) and/or at time of shipment of first load, this proposal will become the binding agreement between the parties.

Seller:

Title:

By:

Date:
(including all applicable interest and penalties) imposed with respect to materials delivered to the Facility.

Date:

The terms, provisions and activities undertaken pursuant to this Agreement shall be subject to all applicable laws, orders, rules and regulations of all governmental authorities having jurisdiction, including without limitation the ordinances, rules and regulations of Tulare County, California. Seller shall provide the applicable SDS prior to delivery of a material. The SDS shall describe in detail all risks and hazards in handling and using the material and any special requirements, laws, orders, rules or regulations applicable to the handling or storage of the materials. Seller shall not be liable for any matters not described, or inadequately described, in the SDS. Except for payment due hereunder, either party hereto shall be relieved from liability for failure to perform hereunder for the duration and to the extent such failure is occasioned by war, riots, insurrections, fire, explosions, sabotage, strikes, and other labor or industrial disturbances, acts of God or the elements, governmental laws, rules, regulations, orders or requests, disruption or breakdown of shipping or transportation facilities, delays of carrier in receiving and delivering material tendered, or by any other cause, whether similar or not, reasonably beyond the control of such party. Failure to perform due to events of Force Majeure shall not extend the term of this Agreement, except to the extent necessary to complete the transactions contemplated hereby. This Agreement and any disputes arising under it shall be governed by the laws of the State of California. The parties hereby consent to the exclusive jurisdiction of the courts located in the Central District of the Superior Court Santa Barbara, Santa Maria Branch for any disputes arising out of this Agreement. Customer shall be responsible for and shall remit to appropriate taxing jurisdictions all existing or new taxes ALL ORDERS REQUIRE 24 HOUR NOTICE
Description Qty U/M Rate Total
Tack oil in gallons 1 gal 2.99 2.99T
The price is valid from 07/01/2025 to 06/30/2026
The price is FOB Visalia
Sales Tax 7.75% 0.23
_____________________________________
$3.22
Tac Oil Quote
Time Period: Starting July 1st, 2025 & Ending on June 30th, 2026 Material: SS1H – Concentrate
Total Amount: +/- 75 tons (240 gallons per ton)
Total Price: $3.25 per gallon – Sales Tax Included
Pickup at:

Cain Trucking, Inc.
23004 Road 140
Tulare, Ca 93274
Please call 24 hours prior to needing material if possible.

Thank you
Item No. 8.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Street Striping Program for Fiscal Year 2025/2026 SOURCE: Public Works
COMMENT: The Public Works Department, Streets Division, is requesting authorization from the City Council for the expenditure of funds for Annual Striping Services for Fiscal Year 2025/2026.

These services will include re-striping lane lines for arterial and collector streets throughout the city limits, as well as the replacement of existing street markings following asphalt maintenance projects. While City staff currently repaint stop bars, stop legends, crosswalks, turn arrows, school legends, and school crosswalks, the City does not own the specialized equipment required to maintain the existing travel lane lines.

To date, lane striping has been performed on an as-needed basis, dictated by overlay and street reconstruction projects, with a primary focus on implementing a proactive road maintenance program.

Re-striping lane lines in conjunction with the City's Street Maintenance Program is essential for maintaining visibility and ensuring the safety of the traveling public. It is also necessary to keep travel lane markings compliant with the Manual on Uniform Traffic Control Devices (MUTCD).

To secure services for the upcoming fiscal year, staff solicited quotes based on cost per linear foot and received the following proposals:

Striping Contractor Average Quote Per
Linear Feet
Mobilization
T&T Pavement
Markings
$0.27 Per Ft. $17,500
California Striping Inc. $0.35 Per Ft. $19,800
Fresno Seal & Stripe $0.36 Per Ft. $20,000
The proposed services under the annual agreement include:
mobilization; 4" edge line; 4" broken line; 8" single solid line; 4" two-way left-turn lane; double yellow lines; bike lane markings; crosswalk removal; thermoplastic crosswalks; removal of school crossing legends; thermoplastic school crossings; traffic control; and layout for newly paved roads.

Item No. 8.

After reviewing the quotes, staff recommends awarding the contract to T&T Pavement Markings, which submitted the lowest quote for the proposed scope of services. In anticipation of potential operational or scheduling challenges, staff also requests Council authorization to utilize the additional contractors in the order of their submitted quotes, as needed.

Funding for the Annual Striping Program will be based on areas of need and project performance. Funds will be provided from the Surface Transportation Program, Measure I, and Measure R Local Funds for Fiscal Year 2025/2026, in alignment with Street Maintenance Operations, Capital Improvement Projects, and the Self-Performed Street Maintenance Program.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize annual striping contractor T&T Pavement Markings and Products Inc. for Fiscal Year
2025/2026;

2. Allow staff to substitute striping contractors pending schedule conflicts as ranked by the quote for services;

3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street
Maintenance program; and

4. Authorize payment of services upon satisfactory
completion.

ATTACHMENTS: 1. T&T Pavement Markings 2025-2026 Annual Quote

2. California Striping 2025 2026 Annual Quote

3. Fresno Seal 2025 2026 Annual Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager

PROPOSAL
DATE: 4/7/2025
PROPOSAL #: 25-185
CUSTOMER:

City of Porterville
291 N. Main St.

Porterville, CA 93257
PREVAILING:

PROJECT:
2025-2026 Annual Striping
Signature Date
Total:
"We are a non-union
Contractor"
- Please direct questions regarding this proposal to Tom Ochoa at (559) 217-7645. - Upon acceptance of this proposal, please sign and email to our office. - Proposal is not valid after 30 days without a signature.

WE HEREBY PROPOSE TO FURNISH THE FOLLOWING WORK AS DESCRIBED BELOW:
3276 W. Sussex Way
Fresno, CA 93722
*Please note: Payments made by credit card on final
invoice will be subject to an additional 3.5%
surcharge on the total cost to cover fees.
**THIS PROPOSAL IS TO BE ACCEPTED AS A WHOLE AND NOT BROKEN OUT IN PARTS.** NEW LOOK, SAME GREAT SERVICE!
[email protected]
DIR Registration #1000046338
SB #2004666
Phone: 559-275-2879
Fax: 559-229-2527
TIN #81-4165560
License #687921
This quote is for work performed, M-F, 6am-2pm. An additional cost will be added for weekend work.

THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.

Qty Description Total
ALL STRIPING TO BE DONE IN 1 COAT OF PAINT EXCEPT FOR
LINE ITEM #10 & 11
LINE ITEM #1 - $17,500.00
Mobilization, Insurance
LINE ITEM #2 - $.27 per foot
Linear feet of 4'' edge line (detail 27b)
LINE ITEM #3 - $.23 per foot
Linear feet of 4'' broken line (detail 8), white or yellow LINE ITEM #4 - $.31 per foot
Linear feet of 8'' single solid line (detail 38a)
LINE ITEM #5 - $.44 per foot
Linear feet of 4'' two way left turn (detail 31)
LINE ITEM #6 - $.52 per foot
Linear feet of double yellow center line (detail 21) includes black highlight in middle
LINE ITEM #7 - $.26 per foot
Linear feet of bike lane (detail 39)
LINE ITEM #8 - $2.25 per foot
Linear feet of yellow crosswalk removal

Page 1 ends

PROPOSAL
DATE: 4/7/2025
PROPOSAL #: 25-185
CUSTOMER:

City of Porterville
291 N. Main St.

Porterville, CA 93257
PREVAILING:

THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.

Qty Description Total
LINE ITEM #9 - $2.35 per foot
Install yellow crosswalk in thermoplastic (lf)
LINE ITEM #10 - $525.00 each
Removal of existing Slow School Xing legend
LINE ITEM #11 - $495.00 each
Installation of Slow School Xing legend in thermoplastic LINE ITEM #12 - $15,250.00
Traffic Control
LINE ITEM #13 - $.30 per foot
Layout and cat track newly paved roads prior to applying pavement stripes

Page 2 ends

_____________________________________
$0.00
CALIFORNIA STRIPING SERVICE, INC DATE: 4-14-25
6062 N. BETHEL CLOVIS, CA. 93619
559-325-2986/ FAX 559-325-6409
CELL 559-289-5133
TO: CITY OF PORTERVILLE
ATTN: JOE
RE: 2025-2026 ANNUAL STRIPING PROJECT
Scope of Work: One coat of paint for all items, except items 10&11 Item #1 MOBILIZATION =$19800.00
Item #2 Detail 27b =$.35lf.

Item #3 Detail 8 =$.30lf.

Item #4 Detail 38a =$.38lf.

Item #5 Detail 31 =$.52lf.

Item #6 Detail 21 =$.59lf.

Item #7 Detail 39 =$.34lf.

Item #8 Remove yellow x-walk =$2.50lf.

Item #9 Install yellow x-walk =$2.42lf.

Item #10 Remove Slow School Xing =$550.00ea.

Item #11 Install Slow School Xing =$510.00ea.

Item #12 Traffic Control =$15700.00
Item #13 Layout New A/C roads =$.38lf.

If you have any questions please give me a call.

Thank You,
Mark Sharer
EXCLUSIONS FROM PROPOSAL: TRUNCATED DOMES, BOLLARDS, TEMPORARY/TIMBER BARRICADES, SPECIALTY BUILDING SIGNAGE, AND CONCRETE WHEEL STOPS WITH DRAINAGE SLOTS. NOTE: IRRIGATION MUST BE TURNED OFF 24 HOURS PRIOR TO COMMENCING WORK. -UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN AND RETURN IT TO OUR OFFICE. -PROPOSAL IS NOT VALID AFTER 30 (THIRTY) DAYS WITHOUT A SIGNATURE.

Page 1 of 2 ends

Fresno Seal & Stripe, Inc.
1285 W Shaw Ave Ste 108
Fresno, CA 93711

ADDRESS
City of Porterville Maint.
291 N Main St
Porterville, CA 93257
United States
ESTIMATE 2499
DATE 04/10/2025

DESCRIPTION AMOUNT
STRIPING PROJECT: CITY OF PORTERVILLE 2025-2026 ANNUAL STRIPING LOCATION: PORTERVILLE, CA
ALL STRIPING TO BE DONE IN 1 COAT OF PAINT EXCEPT FOR: LINE ITEM #10 & 11
LINE ITEM #1 - $20,000.00
Mobilization, Insurance
LINE ITEM #2 - $.36 per foot
Linear feet of 4'' edge line (detail 27b)
LINE ITEM #3 - $.32 per foot
Linear feet of 4'' broken line (detail 8), white or yellow LINE ITEM #4 - $.40 per foot
Linear feet of 8'' single solid line (detail 38a)
LINE ITEM #5 - $.53 per foot
Linear feet of 4'' two way left turn (detail 31)
LINE ITEM #6 - $.61 per foot
Linear feet of double yellow center line (detail 21) includes black highlight in middle LINE ITEM #7 - $.35 per foot
Linear feet of bike lane (detail 39)
LINE ITEM #8 - $2.34 per foot
Linear feet of yellow crosswalk removal
LINE ITEM #9 - $2.44 per foot
Install yellow crosswalk in thermoplastic (lf)
LINE ITEM #10 - $1075.00 each
Removal of existing Slow School Xing legend
LINE ITEM #11 - $925.00 each
Installation of Slow School Xing legend in thermoplastic

0.00 EXCLUSIONS FROM PROPOSAL: TRUNCATED DOMES, BOLLARDS, TEMPORARY/TIMBER BARRICADES, SPECIALTY BUILDING SIGNAGE, AND CONCRETE WHEEL STOPS WITH DRAINAGE SLOTS. NOTE: IRRIGATION MUST BE TURNED OFF 24 HOURS PRIOR TO COMMENCING WORK. -UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN AND RETURN IT TO OUR OFFICE. -PROPOSAL IS NOT VALID AFTER 30 (THIRTY) DAYS WITHOUT A SIGNATURE.

Page 2 of 2 ends

LINE ITEM #12 - $18,000.00
Traffic Control
LINE ITEM #13 - $.39 per foot
Layout and cat track newly paved roads prior to applying pavement stripes
SUBTOTAL 0.00
TAX 0.00
TOTAL $0.00
Accepted By
Accepted Date
Item No. 9.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Authorization for 2025/2026 Annual Asphalt Maintenance Program Hauling Services
SOURCE: Public Works
COMMENT: The City's Public Works Department, Streets Division, is requesting approval for the expenditure of funds for Annual Asphalt Hauling Services to support the Fiscal Year 2025/2026 overlay season.

Securing pricing and services in advance for asphalt hauling will enhance the City's ability to effectively schedule and complete projects.

In the past, staff were required to secure asphalt transportation on a project-by-project basis, which created challenges in scheduling and project coordination.

As the City continues to develop a comprehensive asphalt maintenance program, staff are seeking opportunities to improve operational efficiency. These improvements will allow the Division to maintain current staffing levels, reduce equipment operations costs, and increase the volume of overlay work completed across the City, ultimately improving transportation infrastructure.

Given the volume of asphalt required for the 2025/2026 overlay season, staff solicited quotes from local trucking companies for hauling services.

The quotes received were as follows.

Hauling Services Contractor Quote
Mike Clark Trucking $128/ hour
W.T.B., Inc. $160/hour
Terry Johnson Trucking $160/hour
After reviewing the submitted quotes, staff recommend awarding the Asphalt Annual Hauling Services to Mike Clark Trucking, which submitted the lowest quote for the proposed scope of services. In the event of operational challenges, staff requests authorization from the City Council to utilize the additional contractors listed, should schedule conflicts arise. Services would be awarded in the order of pricing as identified above.

Item No. 9.

Funding for services will be made available from the Capital Improvement Projects Overlay Program, funded by the Surface Transportation Program, Measure I, and Measure R Local funds.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize an annual hauling services contractor, Mike Clark Trucking, for the 2025/2026 Fiscal Year;

2. Allow staff to substitute annual hauling contractors pending schedule conflicts as ranked by the quote for
services;

3. Allow for fund expenditures as defined by the operation of services from the Capital Improvement Project List and Self-performed Street Maintenance Overlay Program; and

4. Authorize payment of services upon satisfactory
completion.

ATTACHMENTS: 1. Mike Clark Trucking Quote 2025-2026

2. WTB Trucking Annual Quote 2025 - 2026

3. Terry Johnson Trucking Annual Quote 2025 2026
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Mike Clark Trucking
19385 Ave. 144, Porterville Ca.

Fax (559)784-8832 Office (559)784-5486 Cell (559)359-9918 S.B.E.#2042618 CA. #304331
Date: April 14, 2025
To : City of Porterville
Attn: Joe Baeza
Trucking for
July 1, 2025- June 30, 2026
Fiscal Year
Aggregates out of Jaxon Baker or Delano Rock to City Yard Distribution and or Various sites throughout the city in Super 10, Transfers, Semi Bottoms and Double Bottoms
$128.00 per hour with 6 Hour Minimum
All other trucking transfers, double bottoms, Demo or Super 10 at $128.00 per hour. 6 Hour minimums. Billing will be sent out weekly, pay at net thirty days. B & P Code Section 7108.6, penalty by the Debtor to the Carrier of 1.5 percent of the amount due per month for every month payment is outstanding.

QUOTE GOOD FOR (3) THREE MONTHS FROM THIS DATE
S:\JOB QUOTES 2025\CITY OF PORTERVILLE COLD MIX.DOC
Fax Cover Sheet
W.T.B., INC.
7093 W. BELMONT FRESNO, CALIFORNIA 93722
Ofc. (559) 275-1998 Fax (559) 275-1995
Caltrans

DBE CERTIFIED
45834
Supplier Clearinghouse

WBE CERTIFIED
VON: 19001483
DIR
1000512385
Send to: From:

Nick Young
Attention: Date:

April 4, 2025
Office Location: Office Location:

FRESNO, CA.

Fax Number: Phone Number:
(559) 275-1998
❑ Please Sign and Return
___________________________________________ Agent or Representative _______________________ Date
Total pages, including cover: 2
General Conditions: Unless otherwise specified a 6-hour day, and an 8-hour night/weekend minimum will be incurred on any trucking day, as well as an 8% increase on all rates for nights and weekends. On all night work there will be a 24-hour cancellation policy or an 8-hour minimum will be applied. There will also be a 10% increase for all rubberized asphalt in transfers. All tonnage quotes are per U.S. ton, based on full loads and direct routes to and from the jobsite and never will any averaging of standby be allowed. Standby will be assessed at the first point of arrival or delay due to the construction site (i.e., traffic control, detours, etc.) and will end when the truck is free and clear to return to the plant or point of origin without delay. If for any reason, there is a dispute over standby all tonnage prices will be reversed to hourly rates. If two or more trucks are sent back on standby and don’t receive a load there will be a return charge applied for each truck that does not receive a load. A fuel increase will be applied to all rates at 1% for every $0.10 increase once fuel goes over $6.50 per gallon.

For a current rate on fuel please refer to www.eia.gov on-highway retail diesel prices. All quotes including material subject to change without notice depending on material availability. Also, please note that material prices do not include material environmental fees. All individual quotes will be void if this quote is not used in its entirety. It will be the customer’s responsibility for any citations written for load showing or overloads from job site off hauls. Also, it is the customer’s responsibility to make WTB aware of any prevailing wage costs associated with the project. All trucking rates shown are “non-prevailing” unless specified. WTB will pass on the extra costs associated with prevailing wage to the customer. To ensure truck availability WTB requires a weekly estimate of trucks needed, with a minimum of 24-hour notice of confirmation for the scheduling of trucks. With the major shortage of trucks due to the new EPA state mandates, WTB will not be held liable for any shortages of trucks on any project. Please be advised WTB Inc. is a Vendor not a Sub Contractor.

Life of Quote: Unless otherwise specified herein this quote will be VOID 30 days after the noted bid date of WTB Inc. Due to material availability and price fluctuations all material prices will be VOID after 30 days.

Payment: All invoices shall be paid by the 20th of the following month. WTB Inc. is a Vendor-Supplier not a Sub Contractor, late payments will be assessed carrying charges at 1.5% compounded monthly on the outstanding balance. If a dispute arises between the parties, the prevailing party shall be entitled to recover attorney fees in addition to any other relief to which the party may be entitled.

Acceptance: Buyer shall SIGN and RETURN this quote sheet confirming “Special Conditions”, price and estimated delivery date, via fax or return mail. Failure to return a signed copy within 5 days after the start of quoted project constitutes complete and full acceptance.

S:\JOB QUOTES 2025\CITY OF PORTERVILLE COLD MIX.DOC
City of Porterville, Cold Mix to Porterville Yard & Delivery to Various Locations For 2025-2026 Trucking Prices Only:

Double Bottoms $ Per U.S. ton
Transfers $ Per U.S. ton
Day Hourly Rates:

Double Bottoms $160.00
Transfers $160.00
Super Dumps $160.00
End dumps $165.00
Demo 10’s: $165.00
10 Wheelers $155.00
Please Note:
~ Please let WTB know within 24 hours of bid time if you will be using our quote.

Terry Johnson Trucking, Inc.
31186 West Gale Avenue Ph: 559-935-0371
Coalinga, CA 93210 Fax: 559-935-3173
8270 E. Lacey Blvd.; Hanford, CA (559) 584-2622 * 5942 Old Stage Rd.; Fountain Springs, CA (559) 534-2491 1860 W. Betteravia Rd., Santa Maria CA (805) 928-2202

QUOTATION

April 11, 2025
City of Porterville
e-mail: [email protected]
Ph:

Attn: J. Baeza
Re: Haul Rates

To Whom It May Concern,
For your consideration, the following is Terry Johnson Trucking, Inc.’s haul rate for hot mix asphalt (HMA) and/or cold mix delivered to the City of Porterville:

Trucks Material Quantity Rate
Bottom Dumps
Or
Transfers
Cold Mix
Or
HMA
10 loads
10 loads
$160.00
per hour
*Fuel surcharge: Add 3% to rates for every .50 cent increase over $5.00/per gallon *23-25 tons per load
*Rate is good through June 30, 2026
Rate is for trucking only. Thank you for the opportunity to quote this project. Please call if you have any questions or comments.

Sincerely,
Justin Johnson
Justin Johnson
Vice President/Estimator
Terry Johnson Trucking, Inc.
*This quote is limited to acceptance within 20 days of the bid opening after which time quotation is subject to review/revision. * Due to the strict California emissions laws, we can not be held responsible for shortage of trucks on any project. *Rates quoted are DAY rates unless specified otherwise. *Night rates are quoted as an 8 hour minimum.
* Material and trucking subject to availability.
* Haul rates do not include tarping.
* Please note that stand-by charges begin 10 minutes or 30 minutes (whichever is specified in quote) after the truck has arrived on the job/traffic control.
* The terms of this quote shall become an integral part of the Purchase Agreement and shall govern over any conflicting language. *All taxes applicable to the sale or delivery of materials will be invoiced and paid by the customer. *Terms are Net 30.

Item No. 10.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2025/2026
SOURCE: Public Works
COMMENT: Staff is requesting an expenditure of $3,000,000 in Fiscal Year 2025/2026 for the Self-Performed Street Maintenance Program. In addition to work supporting annexation projects, staff have identified street sections that qualify for this year’s program. Qualification is based on the Pavement Condition Index and the potential for repairs to extend the life of the roadway and improve existing conditions. The proposed treatment consists of a standard grind-and-pave process using an asphalt paver with Asphalt Concrete Hot Mix and/or a traditional SC 3000 cold mix curb-to-curb overlay. The identified street sections are as follows:

Road Name From To
Mathew Street Morton Avenue Garden Lane
Prospect Street Morton Avenue Putnam Avenue
Tomah Avenue Indiana Street Porter Road
Cottage Street Putnam Avenue Olive Avenue
Newcomb Street Castle Avenue Mulberry Avenue
N. Grand Avenue West City Limits 1701 N. Grand Avenue
Lotas Way Pioneer Avenue La Vida Lane
La Vida Lane Lotas Way Beverly Street
La Vida Lane Villa Street Milo Street
Division Street Henderson Avenue Mulberry Avenue
Second Street Henderson Avenue Mulberry Avenue
Heatherwood CirclePlano Street West End
Olivewood Circle Plano Street West End
Springville Avenue Oak View Street Indiana Street
Indiana Street Springville Avenue Parkway Drive
Indiana Street Springville Avenue Vandalia Avenue
Item No. 10.

Parkway Drive Indiana Street East End
Howland Street Olive Avenue Vine Avenue
Vine Avenue Howland Street Villa Street
Stacie Avenue Ohio Street Chess Terrace Street
Porter Creek
Avenue
Westwood Street Elderwood Street
Elderwood Street Porter Creek
Avenue
Westfield Avenue
Silver Maple Street Westfield Avenue Monache Lane
Kevin Lane Westwood Street Kanai Drive
Morton Avenue Mathew Street Westwood Street
Jennifer Way Kevin Lane South End
Ryan Terrace Kevin Lane South End
Colby Place Kevin Lane South End
Putnam Avenue Plano Street Henrahan Street
Larson Street Morton Avenue Thurman Avenue
Thurman Avenue Plano Street Larson Street
Putnam Avenue Plano Street Leggett Street
Date Avenue Plano Street Park Street
Newcomb Street
S/B
Henderson
Avenue
Slough Bridge
Conner Street Olive Avenue Morton Avenue
Olive Avenue G Street F Street
Olive Avenue E Street Railroad Tracks
Olive Avenue D Street Hockett Street
The requested funding for this program is a combination of Surface Transportation Program Funds, Measure I, and Measure R Local Funds.

RECOMMENDATION: That the City Council:

1. Approve the Fiscal Year 2025/2026 Self-Performed
Street Maintenance Program; and

2. Authorize the expenditure of $3,000,000 in Fiscal Year 2025/2026 for the Self-Performed Street
Maintenance Program.

ATTACHMENTS: 1. Map of Proposed Overlays

2. Map of Proposed Hot Mix Overlays
Item No. 10.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager

Item No. 11.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Tule River Parkway, Phase 3 Budget Augmentation SOURCE: Engineering and Project Management
COMMENT: At its meeting on May 16, 2023, the City Council authorized the contract award for the Tule River Parkway, Phase 3 Project to American Paving Co. The project has suffered from delays relating to the flooding events of 2023, subsequent delays in access to the water channels created by said flooding, and the needed repairs to the bank that had to be completed once access to the water channels was available. Out of an abundance of caution during the recent weather patterns, the amount of water being released from the dam was significantly increased, and that increase has further hindered the completion of the project and undermined some of the work that was underway.

The City Engineer has met with staff and the contractor in the field to evaluate the repairs and adjustments that need to be made in order to complete the project. The work needed includes rebuilding additional portions of the bank, slurry rip rap, and installation of new foundation footings for the pedestrian bridge and the re-installation of said bridge.

The total amount to complete this additional work is $400,000. It is anticipated that an additional $40,000 (10%) is required for unforeseen circumstances for a total of $440,000. Funding for the additional work is available in Measure R AT funds.

RECOMMENDATION: That the City Council:

1. Authorize the appropriation of $440,000 for the needed additional work and contingencies;

2. Approve the attached Resolution in support of the
Program Supplement to Cooperative Agreement;

3. Authorize the Mayor and City Clerk to execute the
Program Supplement; and

4. Authorize the Chief Deputy City Clerk to forward the executed Program Supplement to TCAG for approval.

ATTACHMENTS: 1. Locator Map

2. Draft Resolution
Item No. 11.

3. Measure R Program Supplement
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager

MAIN STREET

PLANO STREET

TULE RIVER

POPLAR DITCH

TOP OF BANK

0.00 AP NE COR

0.00 AP

0.00 AP NE COR

0.00 AP

0.00 AP NW COR 0.00 AP
458.24 1X2

POPLAR DITCH

TULE RIVER
flood line
flood line FALLEN HEROES PARK TOP OF BANK TOP OF BANK TOP OF BANK FUTURE PICNIC AREA PROPOSED 10' WIDE ALIGNMENT PROPOSED STAGING AREA STA:0+00 STA:1+00
STA:2+00
STA:3+00 STA:4+00 STA:5+00 STA:6+00
STA:7+00
STA:8+00
STA:9+00
STA:10+00
STA:11+00
STA:12+00 STA:13+00
STA:14+00
STA:15+00
STA:16+00
STA:17+00
STA:18+00 STA:19+00
STA:20+00
STA:21+00
STA:22+00
STA:23+00 STA:24+00
STA:25+00
STA:26+00 STA:27+00
STA:28+00
STA:29+00
STA:30+00
STA:30+34 12' x 100' PED / BIKE BRIDGE PROPOSED RETAINING WALLS EXISTING 8' CONCRETE WALKWAY CONNECTION TO EXISTING TRAIL 20' x 60' HEAVY VEHICLE BRIDGE 12' x 60' PED / BIKE BRIDGE FUTURE TRAIL EXTENSION PROPOSED STAGING AREA PROPOSED STAGING AREA PROPOSED STAGING AREA PROPSED TRAIL LENGTH 3034 LF PROPOSED 10' WIDE ALIGNMENT 3.1% 0.05% 1.5% 0.005% 1.5% 1.5% 1.5% .005% 5.3% 8.3%

4.1%

1.5% CITY OF PORTERVILLE ENGINEERING DIVISION
291 N. MAIN ST. PORTERVILLE, CALIFORNIA 93257 559 782-7462 N
O R T
H 0 100 200 SCALE: 1"=100'
RESOLUTION NO. - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE TULE RIVER PARKWAY, PHASE 3 RIVERBANK AND PROJECT REPAIRS DUE TO

FLOODING
WHEREAS, the City of Porterville is eligible to receive 100% reimbursement for the construction costs, construction management and quality control costs totaling $940,000 for required repairs to the river bank in and along the Tule River between Main Street and Plano Street caused by flooding in 2023, and damage to the bank and project components during construction caused by subsequent water releases, which meets the Measure ‘R’ guidelines; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all costs incurred in Fiscal Years 2024/2025 for the costs related to the needed repairs to the river bank and project components prior to and during the Tule River Parkway, Phase 3 Project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the river bank and project component repairs for the Tule River Parkway, Phase 3 Project in and along the Tule River between Main Street and Plano Street and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 6th day of May, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, City Clerk
By: Fernando Gabriel-Moraga, Chief Deputy City Clerk
(updated 8-19-2020)

MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
This Program Supplement (Program Supplement) is made and entered into on ________________, by and between the City of Porterville (SPONSOR) and the Tulare County Association of Governments, acting as the Local Transportation Authority (AUTHORITY).

This Program Supplement herby incorporates the “Measure R Cooperative Agreement” for Measure R Expenditures which was entered into between the SPONSOR and AUTHORITY on May 29, 2007 and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority of Resolution No. ____-2025, dated May 6, 2025.

This Program Supplement is sought for flood damage repairs in and along the Tule River west of the Plano Street Bridge in order to begin the Tule River Parkway, Phase 3 Project. The Program Supplement also covers needed repairs to the bank and project components under construction caused by water releases during recent weather patterns. Costs for these items are incorporated herein as Exhibit “A” and agreed upon by Sponsor and Authority.

Covenants of SPONSOR

1.1 This Program Supplement agrees that it will only proceed with work authorized for specific phase(s) with written “Authorization to Proceed” or AUTHORITY action and will not proceed with future phase(s) of this project(s) prior to receiving a written “Authorization to Proceed” or AUTHORITY action.

1.2 The SPONSOR will advertise, award, and administer the project(s) in accordance with SPONSOR standards.

1.3 Award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the project contract award.

1.4 Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.

1.5 If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of Project(s) activity along with target billing date and target billing amount. (updated 8-19-2020)
Authority Agreement No.__________________________
IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

COUNTY OF TULARE TRANSPORTATION AUTHORITY
By: _____________________________________
Attest:__________________________
Authority Executive Director Authority Finance Director City of Porterville
By:______________________________________
Greg Meister, Mayor
By:______________________________________
Jason Ridenour, City Clerk
(updated 8-19-2020)
EXHIBIT “A”
Tule River Parkway, Phase III – Repairs due to Flood Prior to and During Project Construction
Project Scope
Flood damage repairs in and along the Tule River west of the Plano Street Bridge in order to begin the Tule River Parkway, Phase 3 Project and needed repairs to the bank and project components under construction caused by water releases during recent weather patterns.

Additional Project Costs
Project Tasks Engineer’s Estimate
Flood damage repairs $500,000.00
Repairs to river bank and
project components
$440,000.00
Total Cost of Repairs $940,000.00
Current Funding Sources
Measure ‘R’ $940,000.00
Total Funding Available $940,000.00
Item No. 12.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: "Center" Friant-Kern Canal Turnout & Basin Project Budget Augmentation
SOURCE: Engineering and Project Management
COMMENT: At its meeting on September 20, 2022, the City Council authorized the contract award to Romanazzi General Engineering for the "Center" Friant-Kern Canal Turnout and Basin Project. Since then, the project has experienced unforeseen delays created by the limited amount of time permitted for the water channel work to be done and the unprecedented flooding events of 2023. Staff were also unexpectedly tasked with shutting off and/or blocking the water to the project area to allow for work to be done, equating to approximately $50,000 in additional costs to the project. The unexpected delays created by the flooding events and the additional work that needed to be done to shut off and/or block the water to the project area has created a shortfall in the project budget. Crews are set to complete the work, but in order to do so, a budget augmentation of $40,000 is required. It is anticipated that an additional ten percent (10%) contingency is necessary to cover any unforeseen items.

Funding is available in the Water Replacement Fund to cover the needed budget augmentation.

RECOMMENDATION: That the City Council authorize the augmentation of $40,000 in Water Replacement Funds for the necessary
budget augmentation and ten percent (10%) contingency to cover unforeseen costs.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 12.

Final Approver: Jason Ridenour, Interim City Manager

Item No. 13.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Intent to Set a Public Hearing to Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City's Water Conservation Plan is structured in an effort to provide conservation results, reducing overall residential consumption and continuing to provide uninterrupted services to the community without compromising the operation of the City's water distribution system. The City has been operating through the winter months in Phase IV of the City's Water Conservation Plan. As part of the Phase IV implementation, the City reduced watering days through the winter months to a one-dayper-week watering schedule, based on address. If an address ends with an "odd" number, the watering day is Saturday; if an address ends with an "even" number, the watering day is Sunday. 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 on Monday, Tuesday, Wednesday, Thursday, or Friday.

Conservation reduction guidelines presented in the past by State Governor's Executive Orders and subsequent regulations adopted by the State Water Resources Control Board encourage conservation as a way of life. Taking into consideration the State Waterboards SelfCertification criteria for the City of Porterville, the City Council approved maintaining the currently imposed conservation standard of twenty-six percent (26%) less than the production of the 2013 calendar year. 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, also 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).

In response, the City has developed a Conservation Plan that has been effective while still allowing some flexibility throughout the community.

The City's Conservation Plan is an Odd/Even watering schedule composed of five phases: Phase I is a Voluntary 3-Day Watering week Schedule; Phase II is a Mandatory 3-day Watering week Schedule; Phase III is a Mandatory 2-day Watering week Schedule; Phase IV is Item No. 13.

Mandatory 1-Day Watering week Schedule, and Phase V is a No Outdoor Watering schedule.

Through the implementation of mandatory conservation, the City has been able to maintain a cumulative conservation total reduction of 25% in Gallons Per Capita Per Day (June 2015 through April 2025). In order to maintain conservation reductions while providing flexibility to residents, it is the staff's recommendation to evaluate seasonal changes in temperature and the need to transition from Phase IV to Phase III of the City's Water Conservation Plan. Staff recommend that the Council consider setting a Public Hearing for May 20, 2025, to determine the transition to Phase III of the City's Water Conservation Plan (Phase III is a mandatory odd/even 2-day watering week schedule). Odd addresses would be allowed to water on Tuesday & Saturday and even addresses on Wednesday & Sunday. The City's Water Conservation Plan applies to all water users within the City's service area.

RECOMMENDATION: That the City Council direct the City Clerk to notice a Public Hearing to discuss the transition from Phase IV to Phase III of the City's Water Conservation Plan at its meeting on May 20, 2025.

ATTACHMENTS: 1. Drought Response Phase III Flyer

2. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days 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 ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.

OR
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.

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
Item No. 14.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis - Mother's Day Vendor Market - May 11, 2025
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the “Mother’s Day Vendor Market” event on Sunday, May 11, 2025, from 10:00 AM to 5:00 PM at Veterans Park. This event is a club fundraiser and will include local food vendors/trucks, nonprofits, and craft vendors. An outside amplifier permit has been approved from 10:00 AM to 5:00 PM.

The sponsor is requesting the use of Veterans Park from 9:00 AM to 6:00 PM for set-up before and cleanup after the event.

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

All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Mother's Day Vendor Market" event on May 11, 2025, at Veterans Park, subject to the restrictions and
requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 14.

Item No. 15.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Approval of Community Civic Event - Tulare County Junior Livestock Show and Community Fair - Porterville Fair - May 14-18, 2025 SOURCE: Finance
COMMENT: The Tulare County Jr. Livestock Show and Community Fair is requesting approval to set up this year's carnival on the City's ten (10) acre site adjacent to the fairgrounds during the annual Porterville Fair, from Wednesday, May 14, 2025 to Sunday, May 18, 2025.

At its meeting on April 15, 2014, the City Council approved the Fair Board's request to allow patrons of the fair to purchase and consume alcoholic beverages outside the established adult refreshment area (beer garden), authorizing the Police Chief to work directly with the Fair.

Exhibit B incorporates the conditions and requirements of the Porterville Police Department for the establishment of a beer garden and the sale and consumption of alcoholic beverages inside and outside the confines of the beer garden.

This request is submitted in accordance with the Community Civic Event Ordinance No. 1326, as amended. The application has been routed according to Ordinance regulations and reviewed by all City Departments involved. All requirements are listed on the attached Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Tulare County Jr. Livestock Show and Community Fair, to hold the Porterville Fair from May 14 to May 18, 2025, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A,
Exhibit B, and Exhibit C.

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

Item No. 15.

Review By:

Department Director:

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

CITY OF PORTERVILLE
291 N. Main Street, Porterville, CA 93257
559-782-7451 Fax: 784-4569 www.ci.porterville.ca.us
(Incomplete applications can delay permit process)

APPLICATION ANO AGREEMENT FOR A PERMIT TO HOLD A

COMMUNITY CIVIC EVENT OR OTHER ACTIVITY TO BE HELD ON PUBLIC PROPERTY Event Flyer: Yes X No ---
E-mail address: [email protected]
Website: www.portervillefair.com
Application date: 04/09/2025
If yes, please attach copy
-----------
Name of Event: Porterville Fair
Event date: May 14-18, 2025
Event time: 5/14 & 5/15 5p-11p, 5/16 5p-12a
5/17 2p-12 a, 5/182p-11p
Sponsoring organization: Porterville Fair Phone# (559} 781-6582 Address: 2700 w. Teapot Dome Ave., Porterville. CA 93257 Authorized representative: Susie Godfrey Phone# (559) 781-6582 Address: 2700 W. Teapot Dome Ave., Porterville, CA 93257 Event chairperson: Mitch Brown, Board President Phone# (559) 333-2994 Location of event
Description of event:
2700 W. Teapot Dome Ave., Porterville, CA 93257
Location map must be attached
Community Fair
To provide a venue of community entertainment as well as a showplace for local businesses, civic groups and youth groups. To provide an avenue for local community groups to participate Purpose of event: in community service and to do these things in a professional and businesslike manner.

Non-profit organization status: ___.,5._..0 .... 1...,
(c,1,1,) ..... 3 _______________ _
(IRS Determination)
City services requested (fees associated with these services will be billed separately):

Barricades (quantity}: (20) Street sweeping Yes__ No x
Police protection Yes X No Refuse pickup Yes X No __ _
Other:

Parks facility application required:

Assembly permit required:

Yes
Yes
No � Attached
No X Attached
The application will be forwarded for staff review to gather comments and identify any special requirements or conditions for this event.

Item No. 16.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis - 2nd Annual Watermelon Festival - July 13, 2025
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the "2nd Annual Watermelon Festival" event on Sunday, July 13, 2025, from 10:00 AM to 6:00 PM, at Veterans Park. The event is a club fundraiser and will include local food vendors/trucks, nonprofits, craft vendors, and other activities. An outside amplifier permit has been approved from 10:00 AM to 5:00 PM. The sponsor is requesting the use of Veterans Park from 9:00 AM to 7:00 PM for set-up before and cleanup after the event.

All requirements and restrictions are listed on the attached Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "2nd Annual Watermelon Festival" event on July 13,
2025, at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Review By:

Department Director:

Janie Rodriguez, Finance Director
Item No. 16.

Final Approver: Jason Ridenour, Interim City Manager

Requirements for Community Civic Event
Sponsor:

Event:

Event Chairman:

Location:

Date of Event:

RISK MANAGEMENT:

Porterville Kiwanis Club
Watermelon Festival
Jamie Gomez
Veterans Park, Porterville Ca
July 13, 2025 (10:00 a.m-7:00 p.m.)
Conditions of Approval
That the Porterville Kiwanis Club provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $3,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as 'Additional Insured' against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

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

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

Exhibit A, Page 2

Item No. 17.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Consideration to Amend Charter Review Committee Establishment Resolution No. 16-2025
SOURCE: City Manager's Office
COMMENT: On February 4, 2025, the City Council adopted Resolution No. 16-2025, which established the appointment method, composition, and eligibility requirements for the Charter Review Committee. Under this Resolution, the Mayor, Vice Mayor, and City Council members would each appoint a committee member, and four additional committee members, plus two alternates, would be appointed by a majority vote of the Council, for a total of nine (9) committee members and two (2) alternates.

On April 15, 2025, staff presented the ten (10) applications that had been received. With fewer applicants than anticipated, the Council took action to appoint seven (7) committee members and two (2) alternates, and directed staff to prepare an amended resolution to reflect the change.

RECOMMENDATION: That the City Council adopt the Draft Resolution amending Resolution No. 16-2025.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE AMENDING RESOLUTION NO. 16-2025 ESTABLISHING

A CHARTER REVIEW COMMITTEE
WHEREAS, the City of Porterville filed a City Charter and became a Charter City in 1926; and
WHEREAS, the City Charter is able to be amended by a vote of the citizens in an election; and
WHEREAS, on February 4, 2025, the City Council adopted Resolution No. 16- 2025, establishing a Charter Review Committee for the purpose of reviewing and recommending potential amendments to the City Charter; and WHEREAS, the City Council seeks to amend Resolution No. 16-2025; and WHEREAS, the amended resolution shall supersede Resolution No. 16-2025; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville:

1. A Charter Review Committee is hereby established, to be comprised of nine Porterville citizens registered to vote or owning land or a business within the city limits of the city.

2. The Mayor, Vice Mayor, and City Council members shall each appoint a committee member, and two additional committee members, plus two alternates, shall be appointed by a majority vote of the City Council. The four additional members may either be registered voters or possess ownership of land or a business within the city of Porterville.

3. The Council shall select a chairperson from the appointed membership.

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

PASSED, APPROVED, AND ADOPTED this 6th day of May, 2025. _________________________________
Greg Meister, Mayor
ATTEST:

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

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial reports to be provided to the City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in the submittal of the interim financial status reports and established the requirements and parameters in the presentation of the reports. In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending March 31, 2025, are submitted.

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

ATTACHMENTS: 1. Quarterly Financial Status Reports - March 31, 2025

2. Five-Year Trends
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
2024-2025 2024-2025 2023-2024 2023-2024
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 9,395,000 $ 5,417,423 57.66% $ 8,970,000 $ 5,122,826 57.11% OTHER TAXES:

SALES AND USE TAX 8,301,435 4,989,786 60.11% 8,390,000 4,747,179 56.58% UTILITY USERS TAX 5,250,000 4,188,257 79.78% 5,700,000 3,573,769 62.70% TRANSIENT OCCUPANCY TAX 800,000 403,960 50.50% 785,000 383,946 48.91% PROPERTY TRANSFER TAX 100,000 84,622 84.62% 100,000 67,349 67.35% FRANCHISE TAX 1,861,134 823,274 44.24% 1,841,134 835,799 45.40% SALES TAX - PUBLIC SAFETY 400,000 272,492 68.12% 400,000 276,134 69.03% PAYMENT IN LIEU OF TAXES 676,084 338,042 50.00% 676,084 156,513 23.15% LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 1,071,000 919,382 85.84% 1,055,000 788,283 74.72% CONSTRUCTION PERMITS 665,000 717,542 107.90% 655,000 460,630 70.33% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 77,000 99,229 - 65,000 77,388 -
OTHER TAXES 21,000 10,360 - 21,000 10,430 -
REVENUE FROM AGENCIES-GRANTS 14,796,307 103,982 0.70% 13,646,311 62,422 0.46% USE OF MONEY AND PROPERTY 850,065 801,072 94.24% 622,920 896,991 144.00% FINES AND FORFEITURES 22,000 13,334 60.61% 24,500 11,570 47.22% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 122,000 132,993 109.01% 123,000 82,286 66.90% POLICE 578,500 325,439 56.26% 505,000 290,296 57.48%
FIRE 117,000 164,472 140.57% 66,500 146,376 220.11%
LIBRARY 18,000 11,882 66.01% 12,000 13,767 114.73%
RECREATIONAL 317,900 216,006 67.95% 300,521 340,080 113.16% INTERDEPARTMENTAL 2,800,000 2,680,526 95.73% 2,500,000 2,092,809 83.71% OTHER 79,454 76,253 95.97% 77,454 58,720 75.81%
OTHER REVENUES 164,000 251,872 153.58% 153,000 437,769 286.12% SUBTOTALS $ 48,482,879 $ 23,042,200 47.53% $ 46,689,424 $ 20,933,332 44.84% OPERATING TRANSFERS 1,424,948 997,904 70.03% 1,404,053 890,821 63.45% DEBT SERVICE TRANSFERS 195,500 191,294 97.85% 195,300 140,152 71.76% TOTALS $ 50,103,327 $ 24,231,398 48.36% $ 48,288,777 $ 21,964,305 45.49%

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
MARCH 31, 2025 AND MARCH 31, 2024
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAXLICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Periods Ended March 31, 2025 and March 31, 2024
24-25 23-24 PROPERTY TAXES 22%

SALES & USE TAX
21%

UTILITY USERS TAX
17%
LICENSES AND PERMITS 7%
OTHER TAXES 7%
OTHER REVENUES 5%
OPERATING TRANSFERS 6%
CHARGES FOR SERVICES 15%
City of Porterville
General Fund Revenues
Period Ended March 31, 2025
2024-2025 2024-2025 2023-2024 2023-2024
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 264,700 $ 104,122 39.3% $ 288,950 $ 95,123 32.9% COMMUNITY PROMOTION 385,202 202,868 52.7% 344,333 219,135 63.6% EMERGENCY - LIBRARY 208,900 144,953 69.4% 633,283 137,666 21.7% EMERGENCY - STORMS 311,000 247,081 79.4% 135,700 227,807 167.9% ADMINISTRATIVE & LEGAL:

CITY MANAGER 634,447 389,150 61.3% 487,770 366,183 75.1% CITY CLERK 372,377 275,377 74.0% 328,130 239,175 72.9%
HUMAN RESOURCES 588,147 381,772 64.9% 458,284 370,152 80.8% CITY ATTORNEY 200,000 71,784 35.9% 200,000 64,226 32.1% FINANCE:

FINANCE & ACCOUNTING 1,500,148 901,915 60.1% 1,340,386 929,495 69.3% INFORMATION SERVICES 737,576 465,000 63.0% 678,928 413,266 60.9% ADMINISTRATIVE SERVICES 378,608 237,300 62.7% 376,694 244,232 64.8% POLICE PROTECTION 12,721,613 8,438,191 66.3% 12,166,426 8,122,856 66.8% FIRE PROTECTION 5,826,797 4,373,303 75.1% 5,035,134 3,849,096 76.4% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 893,020 561,414 62.9% 808,063 484,944 60.0% ECONOMIC DEVELOPMENT 538,550 385,813 71.6% 528,208 332,059 62.9% PUBLIC WORKS:

ENGINEERING & BUILDING 2,089,961 1,559,708 74.6% 1,985,770 1,604,922 80.8% STREET MAINTENANCE 681,093 482,456 70.8% 665,102 475,452 71.5% SIGNALS, SIGNING & STRIPING 417,045 301,320 72.3% 391,661 226,902 57.9% STREET LIGHTING 663,055 475,547 71.7% 637,951 473,891 74.3% STORM DRAINS - - - 95,474 60,223 63.1%
PARKING LOTS 88,955 63,382 71.3% 86,951 55,118 63.4%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,899,133 2,133,473 73.6% 2,789,869 2,009,033 72.0% STREET TREES & PARKWAYS 261,903 239,014 91.3% 304,479 166,980 54.8% LEISURE SERVICES 447,120 307,857 68.9% 440,937 293,506 66.6% LEISURE SERVICES - SPECIAL PROG 468,168 366,517 78.3% 449,336 452,374 100.7% SWIMMING POOL 264,132 148,251 56.1% 258,832 150,416 58.1% LIBRARY OPERATIONS 877,962 492,186 56.1% 873,445 510,299 58.4% HOMELESS ENCAMPMENTS 304,664 194,688 63.9% - - -
SPECIAL PROJECTS 55,570 40,998 73.8% 37,955 15,915 41.9%

SUB TOTALS 35,079,846 23,985,440 68.4% 32,828,051 22,590,447 68.8% OPERATING TRANSFERS 200,000 51,750 25.9% 79,000 51,750 65.5% DEBT SERVICE 1,629,657 816,899 50.1% 1,626,622 817,314 50.2%

$ 36,909,503 $ 24,854,089 67.3% $ 34,533,673 $ 23,459,511 67.9%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
MARCH 31, 2025 AND MARCH 31, 2024
#DIV/0! #DIV/0!
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000

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

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Periods Ended March 31, 2025 and March 31, 2024
24-25 23-24
LEGISLATIVE 3%
ADMINISTRATIVE & LEGAL 5%
FINANCE 7%
FIRE 18%
PARKS & LEISURE 16%
POLICE 35%
COMMUNITY DEVELOPMENT 4%
PUBLIC WORKS 12%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Period Ended March 31, 2025

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
MARCH 31, 2025 AND MARCH 31, 2024
2024-2025 2024-2025 2023-2024 2023-2024
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 5,625,683 $ 3,378,061 60.0% $ 5,485,500 $ 3,451,198 62.9% MEASURE I SALES TAX 11,387,913 6,868,060 60.3% 10,974,000 7,082,757 64.5% AMERICAN RESCUE PLAN ACT 8,457,167 960,132 11.4% 8,308,913 2,583,016 31.1% SPECIAL GAS TAX 5,298,534 2,731,193 51.5% 4,704,338 3,003,024 63.8% LOCAL TRANSPORTATION FUNDS (LTF) 49,641,951 1,202,794 2.4% 27,290,500 1,406,039 5.2% TRAFFIC SAFETY FUND 80,800 43,655 54.0% 101,000 52,146 51.6% ZALUD ESTATE 6,600 3,636 55.1% 6,800 3,841 56.5%
COMMUNITY DEVELOPMENT BLOCK GRANT 3,559,140 891,520 25.0% 3,170,500 172,733 5.4% TRANSIT 12,538,184 4,668,106 37.2% - - -
SPECIAL SAFETY GRANTS 906,138 646,394 71.3% 906,071 539,391 59.5% SEWER OPERATING 8,447,800 9,394,652 111.2% 7,444,900 6,224,578 83.6% REFUSE REMOVAL 9,296,448 8,350,221 89.8% 6,991,600 6,114,872 87.5% AIRPORT OPERATIONS 1,747,174 2,367,743 135.5% 1,708,810 1,253,307 73.3% GOLF COURSE 295,600 168,081 56.9% 250,600 233,970 93.4% WATER OPERATING 13,539,500 10,861,001 80.2% 13,645,000 10,207,895 74.8% RISK MANAGEMENT 9,450,200 6,832,230 72.3% 9,159,250 6,852,110 74.8% EQUIPMENT MAINTENANCE 4,765,000 4,084,999 85.7% 4,739,200 3,678,472 77.6% LANDSCAPE MAINTENANCE DISTRICT 186,000 100,895 54.2% 177,000 98,936 55.9% WATER REPLACEMENT 4,245,000 1,108,135 26.1% 4,012,000 1,110,721 27.7% SOLID WASTE RESERVE 985,000 998,607 101.4% 961,168 803,259 83.6% SEWER REVOLVING 584,000 436,198 74.7% 433,000 446,156 103.0% TRANSPORTATION DEVELOPMENT 170,000 278,448 163.8% 210,000 155,518 74.1% PARK DEVELOPMENT 50,100 80,228 160.1% 50,100 28,997 57.9% TREATMENT PLANT RESERVE 980,000 1,039,193 106.0% 1,010,870 841,289 83.2% STORM DRAIN DEVELOPMENT 240,000 257,202 107.2% 230,000 231,189 100.5% BUILDING CONSTRUCTION 2,500 4,073 162.9% 2,000 3,957 197.9%

TOTALS $ 152,486,432 $ 67,755,457 44.4% $ 111,973,120 $ 56,579,371 50.5% $-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Periods Ended March 31, 2025 and March 31, 2024
24-25 23-24
INTERNAL SERVICE 12%
SPECIAL REVENUE 12%
ENTERPRISE 39%
IMPROVEMENT 4%
GENERAL 33%
City of Porterville
Revenue by Fund Type
Period Ended March 31, 2025
2024-2025 2024-2025 2023-2024 2023-2024
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 5,423,690 $ 3,815,864 70.4% $ 4,972,164 $ 3,535,441 71.1% MEASURE I SALES TAX 9,853,312 6,828,856 69.3% 8,353,246 6,003,330 71.9% AMERICAN RESCUE PLAN ACT 737,167 77,473 10.5% 996,454 483,371 48.5% ZALUD ESTATE 41,598 38,732 93.1% 39,480 29,274 74.1%
COMMUNITY DEVELOPMENT BLOCK GRANT 171,600 97,991 57.1% 451,464 95,764 21.2% TRANSIT 6,360,432 4,854,505 76.3% - - -
SPECIAL SAFETY GRANTS 940,418 751,304 79.9% 1,039,625 704,818 67.8% SEWER OPERATING 6,675,085 5,154,544 77.2% 6,299,829 4,794,855 76.1% REFUSE REMOVAL 7,980,817 6,647,542 83.3% 7,427,270 5,716,840 77.0% AIRPORT 1,744,414 1,762,822 101.1% 1,604,969 1,086,811 67.7% GOLF COURSE 579,801 430,802 74.3% 562,003 412,053 73.3% WATER OPERATING 11,235,872 7,167,735 63.8% 12,284,741 8,060,726 65.6% RISK MANAGEMENT 10,661,884 9,190,241 86.2% 9,665,230 7,828,990 81.0% EQUIPMENT MAINTENANCE 4,825,530 3,446,392 71.4% 4,751,272 3,328,493 70.1% LANDSCAPE MAINTENANCE DISTRICT 235,903 163,604 69.4% 239,870 155,373 64.8%

TOTALS $ 67,467,523 $ 50,428,407 74.7% $ 58,687,617 $ 42,236,139 72.0%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
MARCH 31, 2025 AND MARCH 31, 2024
0 #DIV/0!
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Periods Ended March 31, 2025 and March 31, 2024
24-25 23-24
INTERNAL SERVICE 17%
SPECIAL REVENUE 7%
ENTERPRISE 35%
GENERAL 41%
City of Porterville
Expenditures by Fund Type
Period Ended March 31, 2025
FY 2024-25 FY 2023-24

REVENUES
Sales Tax - Measure H $ 3,195,651 3,287,161
Interest 104,163 95,320
Police Services 1,982 1,672
Police Cost Recoveries 76,265 67,045
TOTAL REVENUES 3,378,061 3,451,198

EXPENDITURES
Police Department 1,616,182 1,388,322
Fire Department 1,631,197 1,574,129
Public Safety Station 187,889 181,091
Library & Literacy 380,596 391,900
TOTAL EXPENDITURES 3,815,864 3,535,442

CAPITAL PROJECTS
Fire Department Classroom/Training 95,514 546,719
TOTAL CAPITAL PROJECTS 95,514 546,719
REVENUE OVER/(UNDER) EXPENDITURES $ (533,317) $ (630,963)

CITY OF PORTERVILLE

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

REVENUES
Sales Tax - Measure I $ 6,406,865 $ 6,577,986
Sales Tax - Measure R 5,186 62,390
Interest 378,870 441,588
Police Services 3,545 793
Police Cost Recoveries 73,594 -
TOTAL REVENUES 6,868,060 7,082,757

EXPENDITURES
Police Department 4,474,418 3,127,040
Fire Department 2,222,254 2,621,624
Streets Program 84,656 95,389
Litter Abatement Program 47,528 159,277
TOTAL EXPENDITURES 6,828,856 6,003,330

CAPITAL PROJECTS
AC Pavement Repair/Overlay 986 197,396
Fire Dept Training Grounds Dev 1,106,047 414,530
Fire Dept Engine Replacement - 428,844
Fire Dept Ladder Truck Replacement - 843,952
Fire Station Remodel/Additions - 131,601
Grand Ave Connection between 4th and Henrahan 25,358 -
Main/Porter slough parking lot 50,064 -
Montgomery Ave Reconstruction - Jaye to H 55 -
Morton Ave Reconstruction 103,888 77,666
Villa St Reconstruction - Olive to Henderson 2,141,534 18,440 TOTAL CAPITAL PROJECTS 3,427,933 2,112,429
REVENUE OVER/(UNDER) EXPENDITURES $ (3,388,728) $ (1,033,002)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Periods Ended March 31, 2025 and March 31, 2024 3/31/2024 3/31/2025

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 3,636 $ (38,732) $ (35,096) $ (25,433) $
Transit 4,668,106 $ (5,375,392) $ (707,286) $ (82,839) $ Sewer Operating 9,394,652 $ (5,154,544) $ 4,240,108 $ 1,429,724 $ Solid Waste 8,350,221 $ (6,647,542) $ 1,702,679 $ 398,031 $ Airport 2,367,743 $ (1,762,822) $ 604,921 $ 166,496 $
Golf 168,081 $ (430,802) $ (262,721) $ (178,083) $
Water Operating 10,861,001 $ (7,167,735) $ 3,693,266 $ 2,147,168 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Periods Ended March 31, 2025 and March 31, 2024 0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
City of Porterville
General Fund Revenues
24-25 23-24 22-23 21-22 20-21
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
City of Porterville
General Fund Expenditures
24-25 23-24 22-23 21-22 20-21
0 5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
24-25 23-24 22-23 21-22 20-21
City of Porterville
Revenues by Fund Type

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL 0 5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
24-25 23-24 22-23 21-22 20-21
City of Porterville
Expenditures by Fund Type

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
Item No. 19.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of March 31, 2025, and is in compliance with California Government Section 27000, etc., Section 53600, etc. and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity, and yield.

Items identified in the summary include portfolio composition, weighted average rate of earnings, weighted average days to maturity, and the percentage of liquid holdings.

RECOMMENDATION: That the City Council accept the Quarterly Investment Portfolio Summary Report.

ATTACHMENTS: 1. Investment Portfolio Summary - March 31, 2025 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF MARCH 31, 2025

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 9,630,230 $ 9,594,753 4.480% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,643,175 7,793,324 2.790% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 10,440,038 10,440,038 3.890% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 8,562,288 8,562,288 4.412% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 4,992 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 998,980 3.030% 4/29/2022 4/28/2025 28 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 998,210 3.150% 5/23/2022 5/23/2025 53 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,420 3.400% 5/27/2022 5/23/2025 53 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,180 4.000% 8/1/2022 8/1/2025 123 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 997,690 4.000% 8/30/2022 8/28/2025 150 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 981,390 1.250% 1/26/2022 1/26/2026 301 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,939,240 0.580% 3/18/2021 2/11/2026 317 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 945,136 1.000% 3/23/2021 3/23/2026 357 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 970,460 1.050% 3/25/2021 3/25/2026 359 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 977,020 0.750% 3/30/2021 3/30/2026 364 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 966,810 1.000% 4/29/2021 4/29/2026 394 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 991,790 3.500% 6/28/2022 6/26/2026 452 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 989,560 3.200% 6/29/2022 6/29/2026 455 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 957,960 1.000% 8/26/2021 8/26/2026 513 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,913,380 1.040% 9/21/2021 9/21/2026 539 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 957,050 1.100% 9/28/2021 9/28/2026 546 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 957,480 1.125% 9/29/2021 9/29/2026 547 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 957,520 1.100% 9/30/2021 9/30/2026 548 3130B2VY8 FEDERAL HOME LOAN BANKS 1,000,000 997,920 4.270% 9/25/2024 10/1/2026 549 3134HAUD3 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,790 4.600% 10/24/2024 10/23/2026 571 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 957,790 1.250% 10/26/2021 10/26/2026 574 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 957,650 1.250% 10/28/2021 10/28/2026 576 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 970,060 0.850% 11/2/2021 10/28/2026 576 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 956,230 1.250% 11/24/2021 11/24/2026 603 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 956,110 1.300% 11/24/2021 11/24/2026 603 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,438,185 1.600% 12/30/2021 12/30/2026 639 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,914,060 1.500% 12/30/2021 12/30/2026 639 3130B4NC1 FEDERAL HOME LOAN BANKS 1,010,000 1,010,141 4.650% 1/30/2025 1/22/2027 662 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,924,040 1.860% 2/8/2022 2/8/2027 679 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 963,570 2.000% 2/25/2022 2/25/2027 696 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,930,720 2.250% 3/30/2022 3/30/2027 729 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 985,190 3.375% 5/17/2022 5/17/2027 777 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 990,990 3.750% 5/19/2022 5/19/2027 779 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 985,050 3.250% 6/28/2022 6/28/2027 819 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 993,650 4.000% 6/29/2022 6/29/2027 820 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 998,220 4.300% 7/28/2022 7/28/2027 849 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 996,860 4.230% 9/8/2022 9/8/2027 891 3133ERSM4 FEDERAL FARM CREDIT BANKS 1,000,000 998,200 4.330% 9/10/2024 9/10/2027 893 3130B2WF8 FEDERAL HOME LOAN BANKS 1,000,000 999,620 4.650% 9/27/2024 9/16/2027 899 3133ETAS6 FEDERAL FARM CREDIT BANKS 2,275,000 2,273,976 4.520% 3/24/2025 9/24/2027 907 3134HAPM9 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 986,790 3.600% 9/30/2024 9/30/2027 913 3133ERXY2 FEDERAL FARM CREDIT BANKS 1,000,000 994,550 4.000% 10/21/2024 10/21/2027 934 3130B4D40 FEDERAL HOME LOAN BANKS 1,010,000 1,009,354 4.800% 12/19/2024 12/20/2027 994 3130B3ZD8 FEDERAL HOME LOAN BANKS 1,000,000 998,660 4.750% 12/5/2024 6/9/2028 1,166 3134HAGR8 FEDERAL HOME LOAN MORTGAGE CORP 500,000 496,535 4.000% 8/28/2024 8/28/2028 1,246 3130B5BZ0 FEDERAL HOME LOAN BANKS 1,000,000 1,000,000 5.000% 3/14/2025 9/1/2028 1,250 3130B2WE1 FEDERAL HOME LOAN BANKS 1,000,000 999,160 4.750% 9/27/2024 9/18/2028 1,267 3133ERXC0 FEDERAL FARM CREDIT BANKS 3,000,000 2,994,390 4.625% 10/10/2024 10/10/2028 1,289 3133ERW72 FEDERAL FARM CREDIT BANKS 1,000,000 999,610 5.070% 1/23/2025 7/23/2029 1,575 3130B3YZ0 FEDERAL HOME LOAN BANKS 1,000,000 999,520 4.750% 12/5/2024 12/10/2029 1,715 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 999,280 2.500% 4/28/2020 4/10/2025 10 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 998,600 3.950% 9/8/2022 6/30/2025 91 17298CK64 CITIGROUP INC 1,000,000 978,570 1.000% 8/28/2020 8/28/2025 150 06748XQR5 BARCLAYS BANK 1,000,000 995,230 4.500% 9/12/2022 3/12/2026 346 89114TK84 TORONTO DOMINION BANK 2,000,000 1,925,840 1.050% 6/16/2021 3/16/2026 350 06368EWM0 BANK OF MONTREAL 2,000,000 1,920,380 1.220% 3/17/2021 3/17/2026 351 06048WV56 BANK OF AMERICA 1,000,000 996,020 4.000% 5/5/2022 5/5/2026 400 17290A3E8 CITIGROUP INC 1,000,000 953,740 1.250% 7/1/2021 7/1/2026 457 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 950,370 1.400% 9/30/2021 9/30/2026 548 48135NNN2 JP MORGAN CHASE FINL CO 2,000,000 2,004,900 5.100% 7/31/2024 7/30/2027 851

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
06048WZ29 BANK OF AMERICA CORP 1,000,000 996,980 6.000% 10/20/2022 10/20/2027 933 78014RKF6 ROYAL BANK OF CANADA 1,000,000 996,190 5.450% 1/18/2023 1/18/2028 1,023 61766YMT5 MORGAN STANLEY FIN 1,000,000 988,110 5.150% 1/20/2023 1/20/2028 1,025 25161FUC0 DEUTSCHE BANK 1,000,000 995,120 5.150% 2/13/2024 2/13/2029 1,415 91159XAM7 U S BANCORP 1,000,000 998,130 5.050% 11/5/2024 11/5/2029 1,680 02589AC34 CERTIFICATE OF DEPOSIT 250,000 249,915 2.550% 4/17/2022 4/7/2025 7 32022RRW9 CERTIFICATE OF DEPOSIT 250,000 249,000 3.050% 7/25/2022 7/25/2025 116 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 249,193 3.300% 7/27/2022 7/28/2025 119 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 248,221 3.400% 8/15/2022 8/15/2025 137 795451CD3 CERTIFICATE OF DEPOSIT 240,000 239,133 3.350% 8/24/2022 8/25/2025 147 33847GJU7 CERTIFICATE OF DEPOSIT 243,000 244,062 5.200% 9/11/2024 9/11/2025 164 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 243,963 4.150% 10/12/2022 10/14/2025 197 693963AB6 CERTIFICATE OF DEPOSIT 249,000 248,975 4.200% 10/14/2022 10/14/2025 197 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 245,047 4.850% 11/9/2022 11/10/2025 224 05580AM92 CERTIFICATE OF DEPOSIT 248,000 244,568 2.750% 4/22/2022 4/22/2026 387 60425SKA6 CERTIFICATE OF DEPOSIT 249,000 249,799 4.400% 4/24/2023 4/24/2026 389 86158RBA6 CERTIFICATE OF DEPOSIT 249,000 250,845 4.700% 6/30/2023 6/30/2026 456 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 243,078 3.150% 7/21/2022 7/21/2026 477 682325DH5 CERTIFICATE OF DEPOSIT 250,000 252,610 4.800% 4/6/2023 10/6/2026 554 65504UAF4 CERTIFICATE OF DEPOSIT 248,000 248,003 4.500% 10/25/2024 11/9/2026 588 87165FE42 CERTIFICATE OF DEPOSIT 249,000 237,494 1.100% 11/12/2021 11/12/2026 591 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 252,640 5.000% 11/22/2022 11/23/2026 602 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 237,573 1.250% 12/8/2021 12/8/2026 617 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 237,553 1.250% 12/9/2021 12/9/2026 618 052392CH8 CERTIFICATE OF DEPOSIT 248,000 251,539 4.950% 12/16/2022 12/16/2026 625 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 248,368 4.400% 1/18/2023 1/19/2027 659 856285F63 CERTIFICATE OF DEPOSIT 246,000 236,175 1.800% 1/31/2022 2/1/2027 672 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 238,263 1.700% 2/18/2022 2/18/2027 689 011852AD2 CERTIFICATE OF DEPOSIT 248,000 250,830 4.700% 3/8/2027 3/8/2027 707 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 235,484 2.000% 3/9/2022 3/9/2027 708 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 235,881 2.100% 3/15/2022 3/15/2027 714 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 241,644 2.800% 4/29/2022 4/29/2027 759 254673D94 CERTIFICATE OF DEPOSIT 246,000 241,579 3.200% 5/18/2022 5/19/2027 779 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 240,426 3.000% 6/15/2022 6/9/2027 800 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 240,345 3.000% 6/15/2022 6/15/2027 806 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 244,578 3.250% 6/15/2022 6/15/2027 806 472312AA5 CERTIFICATE OF DEPOSIT 249,000 252,225 4.700% 6/29/2023 6/29/2027 820 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 240,573 3.300% 8/19/2022 8/19/2027 871 89789AAG2 CERTIFICATE OF DEPOSIT 248,000 251,435 4.700% 3/10/2023 9/10/2027 893 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 244,921 3.400% 9/14/2022 9/14/2027 897 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 245,462 3.500% 9/23/2022 9/23/2027 906 530520AB1 CERTIFICATE OF DEPOSIT 249,000 250,875 4.400% 1/17/2023 1/17/2028 1,022 30191MAJ6 CERTIFICATE OF DEPOSIT 249,000 250,232 4.300% 3/27/2024 3/27/2028 1,092 61776NPG2 CERTIFICATE OF DEPOSIT 250,000 250,147 4.150% 3/26/2025 3/27/2028 1,092 61690U4M9 CERTIFICATE OF DEPOSIT 250,000 251,925 4.400% 4/20/2023 4/20/2028 1,116 00224TAP1 CERTIFICATE OF DEPOSIT 249,000 252,058 4.550% 4/28/2023 4/28/2028 1,124 67054NBJ1 CERTIFICATE OF DEPOSIT 249,000 253,305 4.700% 5/30/2023 5/30/2028 1,156 29669XAT5 CERTIFICATE OF DEPOSIT 248,000 255,016 5.000% 9/20/2023 9/20/2028 1,269 00782JAC6 CERTIFICATE OF DEPOSIT 248,000 255,050 5.000% 9/27/2023 9/27/2028 1,276 23204HQW1 CERTIFICATE OF DEPOSIT 250,000 251,125 4.250% 2/26/2025 2/26/2029 1,428 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 4/24/2023 4/24/2025 24 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 4.760% 6/21/2023 6/21/2025 82 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 3.900% 4/29/2023 4/29/2028 1,125 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 4.950% 6/25/2023 6/25/2025 86 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 685 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 814 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 987 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 4.250% 1/11/2024 1/11/2029 1,382 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 4.365% 3/25/2024 3/25/2029 1,455 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 4.160% 6/12/2024 6/12/2027 803 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 5.000% 7/31/2024 7/31/2029 1,583 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 3.750% 9/17/2024 9/17/2029 1,631 1339 CERTIFICATE OF DEPOSIT 275,607 275,607 3.300% 12/27/2024 12/27/2029 1,732 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 3.450% 12/4/2024 12/4/2029 1,709 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 1/8/2025 1/8/2030 1,744 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 1/23/2025 1/23/2028 1,028 1345 CERTIFICATE OF DEPOSIT 265,081 265,081 3.150% 6/9/2022 6/9/2027 800 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 812 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 842 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 841

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 335 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 211 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 11/30/2024 11/30/2026 609 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.450% 11/28/2024 11/28/2025 242 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 986 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 266 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.010% 2/2/2025 2/2/2026 308 1356 CERTIFICATE OF DEPOSIT 249,000 249,000 4.700% 4/3/2023 4/3/2026 368 1357 CERTIFICATE OF DEPOSIT 249,000 249,000 4.200% 4/12/2023 4/12/2028 1,108 1358 CERTIFICATE OF DEPOSIT 249,000 249,000 4.140% 4/25/2023 4/25/2027 755 1359 CERTIFICATE OF DEPOSIT 249,000 249,000 5.000% 6/16/2023 6/16/2025 77 1360 CERTIFICATE OF DEPOSIT 249,000 249,000 4.400% 6/2/2023 6/1/2028 1,158 1361 CERTIFICATE OF DEPOSIT 249,000 249,000 4.950% 9/13/2023 4/13/2025 13 1362 CERTIFICATE OF DEPOSIT 249,000 249,000 4.750% 2/13/2024 2/13/2029 1,415 1363 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 3/1/2024 3/1/2028 1,066 1364 CERTIFICATE OF DEPOSIT 249,000 249,000 4.450% 5/8/2024 5/8/2029 1,499 1365 CERTIFICATE OF DEPOSIT 249,000 249,000 4.300% 6/14/2024 6/14/2028 1,171 1366 CERTIFICATE OF DEPOSIT 249,000 249,000 4.170% 7/9/2024 7/9/2027 830 1367 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 9/27/2024 9/27/2029 1,641 1368 CERTIFICATE OF DEPOSIT 249,000 249,000 3.440% 1/23/2025 1/23/2030 1,759 TOTALS $ 136,481,930 $ 135,127,062

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
3/31/2024 6/30/2024 9/30/2024 12/31/2024 3/31/2025 HOLDINGS MATURITY

3.430% 3.475% 3.328% 3.353% 3.347% 26.579% 606

WEIGHTED AVERAGE RATE OF EARNINGS

FIVE YEAR HISTORY CURRENT
3/31/2021 3/31/2022 3/31/2023 3/31/2024 3/31/2025

1.408% 1.274% 2.988% 3.430% 3.347%
Comments:

Portfolio holdings as of March 31, 2025, are in compliance with the current Investment Policy. With 26.579% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the first calendar quarter ending June 30, 2025, and will be presented during the August 5, 2025 Council meeting.

1.408%

1.274%

2.988%

3.430% 3.347%

0.000%

0.500%

1.000%

1.500%

2.000%

2.500%

3.000%

3.500%

4.000%
2021 2022 2023 2024 2025
Weighted Average Rate of Earnings
Five-Year Trend
Item No. 20.

CITY COUNCIL AGENDA – MAY 6, 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 April 15, 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. 20.
(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. 20.
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. 20.
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. 20.

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. 20.

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
Appropriated/Funded:

Review By:

Department Director:

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

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________

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

Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to this Order.

IN WITNESS WHEREOF I hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

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

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of California

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

Item No. 21.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Public Hearing Regarding Proposed 2025 Public Transportation Service Changes
SOURCE: Public Works
COMMENT: On April 1, 2025, the City Council authorized staff to schedule and notice a public hearing in response to an anticipated $1.2 million reduction in combined Federal Transit Administration (FTA) Section 5307 and Local Transportation Fund (LTF) allocations for FY 2025.

These funding reductions are the result of external fiscal pressures at the federal and state levels and are not related to any local budgetary decisions.

To proactively respond to this funding reduction, staff conducted a comprehensive performance-based analysis of all transit modes, including Fixed Route, Dial-A-COLT, and the City’s on-demand service, transPORT. The evaluation incorporated key performance indicators and preliminary findings from the City’s in-progress Short Range Transit Plan (SRTP), which outlines service and capital planning strategies for the next five years.

The attached presentation provides a detailed visual and data-driven analysis of transit services, funding trends, and the projected impacts of the proposed service modification options to support City Council and public understanding during the hearing process.

Due to the urgency of the projected revenue reductions, staff developed and are now presenting three service modification options for City Council consideration in advance of the SRTP’s final release. These options are intended to maintain essential mobility services for the community while reducing overall operating costs to ensure fiscal sustainability.

The three options under consideration include:

1. Transition Away from Route 4 and Route 6, Reduce Saturday Hours, and Add Saturday Community Shuttle
• Phases out two underperforming fixed routes, Route 4 and Route

6. Item No. 21.
• Modifies Fixed Route Saturday service hours from 7:00 am - 8:00 pm to 8:00 am - 6:00 pm to align with Sunday service.
• Riders would transition to the City’s on-demand transPORT service to preserve coverage.
• Establishes a new Saturday community shuttle to service the swap meet.
• Estimated Savings: $1.43 million annually

2. Seasonal Operation of Route 4 and Transition Away from transPORT
• Provides limited seasonal service on Route 4 and phases out transPORT.
• Balances cost control with continued service in key areas. • Access would be reduced to Fixed Route service area (no service to Eagle Mountain Casino or Sports Park).
• Estimated Savings: $1.28 million annually

3. Consolidate Route 4/6 and Transition Away from transPORT • Combines Route 4 and Route 6 into a single route and
reallocates resources away from transPORT.
• Maximizes cost reduction across both fixed-route and on-demand systems.
• Access would be reduced to Fixed Route service area (no service to Eagle Mountain Casino or Sports Park).
• Estimated Savings: $1.63 million annually
Staff has evaluated numerous options to modify services to plan for projected funding reductions. Option one presented above, provides an option to continue to provide needed services to the community, while reducing operating expenses without the elimination of microtransit. The City entered into a five-year Transportation Services Agreement with SM Transit, which began on June 18, 2024. The agreement allows the City to add or remove services, as long as any changes are made in writing and agreed to by both the City and the contractor. It also states that shifting service hours or changing service levels by up to 15% does not count as a formal contract change, but still requires direction from the City. Once the City Council selects a preferred service option, staff will review the changes and work with the contractor to make any needed adjustments based on the agreement.

RECOMMENDATION: That the City Council:

1. Conduct the public hearing to receive public comment Item No. 21.
regarding proposed 2025 public transportation service
changes; and

2. Consider the three service modification options
presented by staff and provide direction on a preferred course of action.

ATTACHMENTS: 1. April 1, 2025 - Staff Report - Authorization to hold Public Hearing

2. Presentation
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Item No. 23.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Hold a Public Hearing Regarding Proposed 2025 Public Transportation Service Changes
SOURCE: Public Works
COMMENT: In anticipation of a significant reduction in federal and state transit funding allocations, staff recommend that the City Council authorize the scheduling of a public hearing to receive community input on proposed public transportation service changes for implementation in 2025. The proposed public hearing is to be held on May 6, 2025, at 6:30 p.m. in the City Council Chambers.

The City is projecting a reduction in funding of approximately $1.2 million, driven primarily by anticipated reductions in the Federal Transit Administration (FTA) Section 5307 funding for small urban transit agencies and a decrease in Local Transportation Fund (LTF) allocations. It is important to emphasize that this reduction in funding is not the result of any local budgetary issues but rather a direct consequence of external funding reductions beyond the City’s control.

As a result, staff has undertaken a careful evaluation of existing transit services and has identified cost-saving measures while continuing to meet the essential mobility needs of the community. To support this effort, staff analyzed performance across all transit modes—Fixed Route, Dial-A-COLT, and transPORT—and identified opportunities to reduce expenses while minimizing impacts to riders.

The City is currently in the process of developing a Short Range Transit Plan (SRTP), which provides a comprehensive assessment of the City’s public transit system and outlines service, operational, and capital recommendations for the next five years. Preliminary findings from the SRTP have identified potential service reductions as a key strategy to align service levels with projected funding availability.

While staff would typically defer significant service changes until the SRTP is finalized, the timing of the funding reductions necessitates consideration of preliminary adjustments to maintain core services and mitigate financial impacts due to the expedected reduction in funding.

The proposed service changes presented herein are being brought forward in advance of the plan’s final release to allow for timely Item No. 23.
implementation and responsible fiscal planning.

Based on current ridership productivity, Route 4 and Route 6 have been identified for potential modification or elimination. These routes are significantly underperforming compared to other fixed routes, with Route 4 averaging 11.75 passengers per hour and Route 6 averaging 10.62 passengers per hour, while Routes 1, 2, 3, and 5 each average approximately 20 passengers per hour. The annual operating expense for each route is approximately $792,972. Should the Council consider eliminating Routes 4 and 6, the potential cost savings would be approximately $1.6 million annually.

In addition to fixed-route performance, staff reviewed the cost-efficiency of the City’s microtransit service, branded as transPORT. TransPORT offers a convenient, door-to-door, app-based experience that exceeds minimum FTA requirements, but it is the most expensive service to operate. According to the City’s FY 2024-25 Transit Service Key Performance Indicators (KPIs), the average cost per passenger for transPORT is $94.90, and the total annual cost to operate the service is approximately $1.2 million. For comparison, the average cost per passenger on Fixed Route service is $13.40, and $54.70 for Dial-ACOLT, which is the City’s federally required ADA paratransit service.

TransPORT is not a federally mandated service and is considered an above-and-beyond offering. Service modifications to transPORT as a potential cost-saving measure, either in lieu of or in conjunction with changes to fixed-route service, will also need to be evaluated.

As part of the public hearing process, staff will present the following service modification options for consideration:

1. Eliminating both Route 4 and Route 6 and transitioning affected riders to the City’s existing on-demand transit service, transPORT. Sufficient capacity within the transPORT system is available to accommodate the projected increase in demand. However, it should be noted that transPORT is not a federally mandated service and is currently the most expensive to operate, based on FY 2024-25 KPIs. Should the Council consider eliminating Routes 4 and 6, the potential cost savings would be approximately $1.6 million annually.

2. Consolidating Route 4 and Route 6 into a single combined route, operating with 80-minute headways. This approach would reduce operational costs while preserving some level of fixed-route coverage in affected areas.

3. Modifying Route 4 to operate only during peak school schedule times and Saturday swap meet hours, focusing service during periods of highest demand and eliminating off-peak service.

4. Evaluating potential modifications or scale-backs to the transPORT Item No. 23.
service, such as limiting service hours, reducing vehicle supply, or adjusting service areas. While these cost-control strategies could reduce operating expenses, the potential savings would not be sufficient to fully address the projected funding reduction. As such, transPORT modifications may need to be considered in tandem with fixed-route changes to achieve a sustainable solution.

In alignment with the City's strategic goals, the Transportation Department remains committed to performance-based budgeting practices to ensure long-term sustainability and service delivery. This approach prioritizes cost-effective investments and resource allocation decisions that deliver the highest value to the community, while maintaining fiscal responsibility and service equity across all transit modes.

The purpose of the public hearing is to present options to the community, gather feedback, and incorporate public input into the final service change recommendations. Following the public hearing, staff will return to the City Council with a summary of community feedback and a recommended course of action. The City strives to provide transparency, accessibility, and equitable service considerations throughout the process.

RECOMMENDATION: That the City Council:

1. Direct the City Clerk to schedule and notice a Public Hearing for May 6, 2025, at 6:30 p.m. in the City Council Chambers regarding proposed changes to public
transportation services; and

2. Direct staff to send out notices to stakeholders in
accordance with all applicable regulatory requirements to ensure meaningful public participation in the process.

ATTACHMENTS: 1. 2024-25 Transit Service KPIs
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Public Transportation
2025 Proposed Service Changes
Roadmap (Agenda)
• Transit Funding News
• Transit Revenues & Expenses
• Operational Funding Projection
• Transit Services
• Balancing Coverage vs Service
• Effective vs Efficient
• Service Change Options
• Public Hearing
• Recommendation
Transit Funding News Coast to Coast
• Regional Transportation Authority (Chicago)
• 40% Reduction in services ($770 million budget deficit) • Trimet (Portland)
• $74.4 million budget deficit
• Municipal Transit Agency (San Francisco)
• $322 million budget deficit
• California Transit Agencies request $2 billion in state funds to help address looming funding shortfalls.
(California Transit Association – March 28, 2025)
Transit Revenues & Expenses
FTA 5307
38%
STA
14%
LTF
38%
Passenger Fares
8%
Measure R
2%
FTA 5307 STA LTF Passenger Fares Measure R
Administration
23%
Purchased
Transportation
60%
Preventative
Maintenance
17%
Administration Purchased Transportation Preventative Maintenance Revenues & Expenses: 5-Year Trend
$-
$1,000,000.00
$2,000,000.00
$3,000,000.00
$4,000,000.00
$5,000,000.00
$6,000,000.00
$7,000,000.00
$8,000,000.00
$9,000,000.00
$10,000,000.00
FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 Revenues Expenses
Operations: 5-Year Trend
$-
$1,000,000.00
$2,000,000.00
$3,000,000.00
$4,000,000.00
$5,000,000.00
$6,000,000.00
$7,000,000.00
$8,000,000.00
FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 Administration Purchased Transportation Preventative Maintenance Total Operations & Capital Funding Projection
Cost Federal/State Local Available
Operating $5,629,197 $2,050,000 $3,579,197
Maintenance $1,200,000 $819,906 $380,094
Capital $18,333,000 $16,466,400 $1,866,600
Total $25,162,197 $19,316,400 $5,845,797 $4,657,423
Difference ($1,188,374)
Projected Revenue Reduction
Transit Services
• Fixed Route
• ADA Paratransit (Dial-A-COLT)
• On-Demand (transPORT)
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 Cost of Services
Fixed Route ADA Paratransit On-Demand
Fixed Route
68%
ADA Paratransit
8%
On-Demand
24%
Service % of Budget
Fixed Route ADA Paratransit On-Demand
Balancing Coverage with Service (Fixed Route)
Service Quality
Average Wait Time – 30-40 min
On-Time Performance – 97%
Passengers per Hour – 15.52
Cost per Passenger - $8.90
Example Travel Time
East Porterville to Walmart = 60 min.

Balancing Coverage with Service (transPORT)
Service Quality
Avg Wait Time – 25 min
Rider Acceptance – 87.9%
Passengers per Hour – 3.1
Cost per Passenger - $54.06
Rider Rating – 5 Stars
Example Travel Time
East Porterville to Walmart = 15 min.

Effective vs Efficient
-

5.00 10.00

15.00 20.00

25.00 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Passengers per Hour
Route 1 Route 2 Route 3 Route 4 Route 5 Route 6 transPORT Effective
• Meeting Rider’s Needs
• Improved Experience
• Reliable & Timely
• 40 min vs 25 min
• Improved Access
• Fixed vs Zone
Efficient
• Cost per Passenger
• $8.90 vs $54.06
• Passengers per Hour
• 15.52 vs 3.1
• Maintenance
• $1 Million vs $135,000
Fixed Route
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
Route 1 Route 2 Route 3 Route 4 Route 5 Route 6
Annual Ridership (July 2024 - March 2025)
Route 4 & Route 6 Ridership
-
1,000
2,000
3,000
4,000
5,000
6,000
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Route 4 Route 6
*
*First Month of Service
transPORT Ridership
-
500
1,000
1,500
2,000
2,500
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 transPORT Demand vs Supply
Service Change Options
Option 1
Transition Away from Route 4 and Route 6, Reduce
Saturday Hours, and Add Saturday Community Shuttle
• Phases out two underperforming fixed routes, Route 4 and Route 6. • Modifies Fixed Route Saturday service hours from 7:00 am - 8:00 pm to 8:00 am - 6:00 pm to align with Sunday service.
• Riders would transition to the City’s on-demand transPORT service to preserve coverage.
• Establishes a new Saturday community shuttle to service the swap meet.
• Estimated Savings: $1.43 million annually
Service Change Options
Option 2
Seasonal Operation of Route 4 and Transition Away from
transPORT
• Provides limited seasonal service on Route 4 and phases out transPORT.
• Balances cost control with continued service in key areas. • Access would be reduced to Fixed Route service area (no service to Eagle Mountain Casino or Sports Park).
• Estimated Savings: $1.28 million annually
Service Change Options
Option 3
Consolidate Route 4/6 and Transition Away from transPORT • Combines Route 4 and Route 6 into a single route and reallocates resources away from transPORT.
• Maximizes cost reduction across both fixed-route and on-demand systems. • Access would be reduced to Fixed Route service area (no service to Eagle Mountain Casino or Sports Park).
• Estimated Savings: $1.63 million annually
Recommendation

1. Conduct the public hearing to receive public comment regarding proposed 2025 public transportation service
changes; and

2. Consider the three service modification options presented and provide direction on a preferred course of action.

Item No. 22.

CITY COUNCIL AGENDA – MAY 6, 2025
SUBJECT: Della Farms Residential Development
SOURCE: Community Development
COMMENT:

BACKGROUND: The Della Farms Residential Subdivision, PRC 2024-017, was initially reviewed at the public (Project Review Committee) PRC meeting on June 5, 2024. The applicant is requesting that the City Council approve: an environmental document, General Plan Amendment, Conditional Use Permit for a subdivision with reduced minimum lot size, width, and depth, tentative subdivision map and an annexation associated with the project. The 25.47-acre project site consists of two parcels, APNs 253-080-027 and 253-080-028, located on the south side of E. Morton Avenue, between Henry Street and N. Leggett Street. The site is within an unincorporated island entirely surrounded by the Porterville city limits. Both parcels are pre-zoned RM-1 (Low-Medium Density Residential), but APN 253-080-027 has a General Plan Land Use (GPLU) of Parks and Recreation and APN 253-080-028 has a GPLU of Education. The GPLU of both parcels would be changed to Low-Medium Density Residential, providing consistency between the GPLU and zoning of the project site. The project will convert existing agriculture to residential use.

The project would be developed in two phases and proposes 160-lot single-family residential lots and a 0.88-acre park. Phase I consists of the construction of 82 residential units on approximately 12.45 acres and Phase II consists of 78 residential units and the park on approximately 13.02 acres. Lots range from 3,941± square feet to 7,311± square feet. Circulation is provided through the planned internal streets. The subdivision provides external connections to E.

Morton Avenue, Henry Street, and E. Cleveland Avenue, with improvements to said streets that include parkway strips, streetlights, and sidewalks. The subdivision consists of short blocks, which tend to slow traffic and enhance pedestrian connectivity. The project’s density is 6.28 units per gross acre, below the maximum allowable density of 9.0 units per acre in the Low-Medium Density Residential GPLU and the 11.3 units per acre allowed in the RM-1 zone.

Item No. 22.

City staff initiated tribal consultation on October 4, 2024, pursuant to Government Code Section 65352.3 (codification of SB 18) and Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14). The consultation period ran from October 4, 2024, to January 1, 2025. No comments were received.

The project does not meet the requirements for an Extraterritorial Service Agreement as outlined in Resolution 19-2016 and owing to its need for urban services must be annexed into the City.

Annexation may be requested or initiated by the City but must be considered and approved by the Tulare Local Agency Formation Commission (LAFCo). As part of the annexation process, the City and the project proponent will have to demonstrate to LAFCo that the project will not create issues with service feasibility and other important information aimed at showing the project can be supported by the annexing agency.

The project site is within Agriculture Preserve No. 3501 and has an active Williamson Act Land Conservation Contract (No. 10345) with the County of Tulare. At the time the contract was executed between the County and the property owner, the City of Porterville protested the execution via Resolution No. 8596 (attached; the subject parcels were formerly identified as APNs 253-080-019 and 253-080-020), which was filed with the LAFCo Executive Officer.

With adoption of Resolution 77-14 (attached), LAFCo determined that the proposed contract was inconsistent with the publicly desirable future use and control of the land and found the City’s protest valid. Accordingly, if LAFCo approves the annexation, a Certificate of Land Conservation Contract Termination would be filed with the Tulare County Recorder simultaneously with LAFCo’s Certificate of Completion, canceling the contract and perfecting the annexation.

The project is subject to the findings outlined in Series 600 of the Porterville Development Ordinance (PDO) for each respective entitlement: Article 604, Conditional Use Permit; Article 607, Amendments to General Plan; and Article 611, Environmental Review. The project will also be required to meet the standards contained within Article 400, General Provisions, and Article 402, Tentative Subdivisions.

ANALYSIS: Government Code Section 65352.3 (codification of SB 18) requires that prior to approving any amendment to its General Plan the City must provide any interested California Native American Tribe 90 days to request consultation about the proposed amendment. Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires a CEQA lead agency to notify in writing any Item No. 22.

California Native American Tribe traditionally and culturally affiliated with the geographic area of the Project and Tribes that had previously requested notification about projects in that geographic area. Affected tribes were notified pursuant to both statutes, and no comments were received. Accordingly, the City has satisfied the requirements of both SB 18 and AB 52.

The Project’s gross density of 6.28 units per gross acre falls below the maximum density of 9.0 units per acre allowed in the proposed Low-Medium Density GPLU and the 11.3 units per acre allowed in the RM-1 Zone. The Porterville 2030 General Plan (General Plan) describes the Low-Medium Density Land Use as “typical for singlefamily subdivisions, but allows for smaller lots.” The PDO intends the RM-1 zone “to accommodate low-medium densities and more varied forms of residential development, including small-lot single-family homes.” The project would be consistent with these descriptions, and it would contribute more housing units to the City’s efforts to meet its Regional Housing Needs Allocation (RHNA), particularly because the project would add units that were not previously accounted for due to the current GPLUs—i.e., the project site was not included in the City’s residential site inventory. Also, the areas to the north and west of the project site are currently developed with single-family residences. Adjacent to the south is Henry Park and additional single-family development. The area to the east is developed with a religious facility. The Project’s development pattern is compatible with the area and falls well within the prescribed density mandated by the City’s General Plan.

The RM-1 zone has a minimum lot size of 6,000 square feet. To allow for the smaller lot sizes proposed, the project would need a Conditional Use Permit (CUP). Conditional Use Permits must meet the following findings from PDO Section 604.04.

1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted. a. The amendment of the General Plan Land Use to LowMedium Density Residential satisfies this requirement.

There are no other applicable plans that would apply to this project.
b. Applicable General Plan Policies Met
i. LU-G-8: Allow and encourage efficient infill
Development in existing neighborhoods
ii. LU-G-9: Provide sufficient land with appropriate
parcel sizes to support a full range of housing
types and prices.
iii. L-U-I-10: Sustainable design standards that will
achieve compact, walkable neighborhoods and
provide an interconnected network of local
Item No. 22.
streets
iv. LU-I-14: Allow residential developments to
employ creative site design, landscaping, and
architectural quality that blend with the
characteristics of each location and its
surroundings and offer superior design solutions

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance and with any other applicable plan adopted by the City
Council.
a. The project meets the allowed densities for the RM-1 zone district and complies with all other requirements
of the Porterville Development Ordinance except for lot size, width, and depth. The zone also allows for small
lot subdivisions. It will be conditioned to comply with Section 201.04(C), Reduced Minimum Lot Size, Depth,
and Width, allowing for variation from lot size, width, and depth, which will satisfy this requirement.

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

Morton Avenue, east side of Henry Street, north side of E. Cleveland Avenue and on the east side of N. Leggett Street to enhance pedestrian access.

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

1. That the proposed map is not consistent with applicable general and specific plans.
a. The project site is designated as Parks and Recreation and Education and proposes to amend the General
Plan to Low-Medium Density Residential, which has a
maximum density of 9.00 units per acre. The tentative
map proposes 160 single-family residential lots on

25.46 acres for a density of 6.28 gross units per acre
Item No. 22.
and therefore is consistent with the General Plan as
proposed for amendment. There is no applicable
specific plan.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. a. The design and improvement of the Project are in
accordance with the Circulation Element of the General
Plan as well as with the development standards
contained within the Development Code, which is itself
the primary tool for implementation of the General Plan.

There is no applicable specific plan.

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

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

5. That the design of the subdivisions or the proposed
improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
a. An Initial Study/Mitigated Negative Declaration was
prepared for the Project. With inclusion of mitigation, the Project will not result in any significant effects to the environment or to fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
a. An Initial Study-Mitigated Negative Declaration was
prepared for the Project. With inclusion of mitigation, the Project will not result in any serious public health problems.

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

Based on a fair reading of the record, including the Initial Study and Mitigated Negative Declaration (described in further detail below), there is no indication that any of the findings requiring denial of the Tentative Map can be made.

Item No. 22.

As previously described, the project site is not within the city limits.

However, Government Code Section 66454 allows the City to approve a tentative map on land outside the city limits with the provision that the final map cannot be approved until annexation of the site is complete. Annexation would require action by Tulare LAFCo.

Because the City successfully protested execution of the Williamson Act applicable to the project site, the contract will be canceled upon recordation of the Certificate of Contract Termination and the Certificate of Completion. Accordingly, the applicant will not have to pay the fees normally associated with canceling the Williamson Act Contract.

As for other components of the proposed annexation, the applicant has submitted the required applications and information necessary to move forward with annexation. If approved by the Porterville City Council, City staff will work with LAFCo and the applicant to facilitate the necessary submittals to process the annexation. Of note is General Plan Policy, PU-I-8, which requires that agricultural water rights be assigned to the City when agricultural land is annexed to the City for urban development. Additionally, the application to LAFCO requires information about provision of utilities and services to the affected properties. One component of this is establishing the City’s capacity, or lack thereof, to serve the project. The environmental document notes that the conversion of farmland to a subdivision of this size significantly increases water usage.

Additionally, the City of Porterville is already committed to servicing a large portion of the east side of Porterville (County jurisdiction), without receiving the associated tax revenue from those properties.

Withholding these water shares would both conflict with the General Plan and potentially affect the City’s ability to service future projects with water in the City and its Urban Development Boundary.

Enhanced notification related to CEQA was completed (see below), and public notice of this hearing was provided in accordance with Government Code Sections 65090 and 65091 and PDO Section 609.06. The procedures prescribed therein are the standard for hearings involving amendments to the General Plan or zoning, Conditional Use Permits, Tentative Maps, and Annexations.

Additionally, as described in the Background section above, this project was discussed during the public Project Review Committee meeting on June 5, 2024. Information regarding PRC is readily available on the City’s website. PRC meetings are held on a regular basis, are agendized, and are accessible to the public.

ENVIRONMENTAL
REVIEW:

During the review of the Project, the City contracted with the environmental consultant, Precision Civil Engineering, to prepare an Item No. 22.

Initial Study (IS) to analyze the potential for environmental effects that could result from the Project. Based on the results of technical studies prepared in conjunction with the IS, the City made the preliminary determination that, with mitigation included, the Project would not have a significant effect on the environment and that adoption of a Mitigated Negative Declaration would be appropriate.

Mitigation was identified for Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources; incorporation of that mitigation would reduce all potentially significant effects to a less-than-significant level.

Upon completion of the Draft Initial Study-Mitigated Negative Declaration (IS/MND), the Notice of Availability and Intent, and Notice of Completion were filed in accordance with CEQA. The IS/MND was sent to the State Clearinghouse (SCH No. 2025030736) and circulated for a period of 30 days starting on March 18, 2025, and ending on April 16, 2025. The City received a comment from the California Department of Conservation, Division of Land Resource Protection, dated April 11, 2025 (attached). The Division monitors and maps farmland conversion on a statewide basis, provides technical assistance regarding the Williamson Act, and administers various agricultural land conservation programs. Public Resources Code Section 614, subdivision (b) authorizes the Department to provide soil conservation advisory services to local governments, including review of CEQA documents. The letter provided the agency’s position about the potential impact on agricultural land and resources within the Department purview as the Project site contains Prime Farmland within Agricultural Preserve No. 350, as Page 2 of 3 designated by DOC’s Farmland Mapping and Monitoring Program, and a portion of the project site is subject to a Williamson Act contract.

After research and consultation with LAFCo and reviewing new information from the property owner, it was discovered that the IS incorrectly stated that the Williamson Act Contract had been canceled. This information was corrected, and a decision was made by the Environmental Coordinator that, under CEQA Guidelines Section 15073.5, the environmental document would not need to be recirculated as the minor change to the document did not constitute a substantial revision as no significant effect, mitigation measure, or project revision resulted from the change.

Outside of the mitigation measures required by CEQA review, the City has also conditioned the assignment of water shares associated with the current agricultural use on the parcels in question. This determination was reached by utilizing the water usage analyses in the IS/MND. The current use of the parcels as a citrus orchard was estimated to use approximately 90 acre/feet per year, while the proposed subdivision project would utilize 141 acre/feet per year.

Item No. 22.

The project would increase water usage on the parcels by approximately 157%. This, combined with the fact that the City would have to provide all of this water, shows the need to require the water shares associated with the agricultural use to be surrendered to the City.

RECOMMENDATION: That the City Council:

1. Hold the public hearing to receive public comments
on the Della Farms Residential Development Project;
and

2. Adopt the Draft Resolution, adopting the IS/MND and
Mitigation Monitoring and Reporting Program; and

3. Adopt the Draft Resolution, amending the General
Plan Land Use Diagram to reflect the Land Use
designation of the site as Low-Medium Density
Residential; and

4. Adopt the Draft Resolution approving the Conditional Use Permit; and

5. Adopt the Draft Resolution approving the Tentative
Subdivision Map with conditions; and

6. Adopt the Draft Resolution requesting that Tulare
LAFCo initiate proceedings for annexation.

ATTACHMENTS: 1. CEQA Draft Resolution

2. Public Review Draft ISMND__Revised_Della Farms
Subdivision (1)

3. CUP Draft Resolution

4. GPA Draft Resolution

5. General Plan Land Use Map

6. LAFCo Draft Resolution

7. Annexation Exhibit A

8. Annexation Exhibit B

9. LAFCo Resolution 77-14

10. TSM Draft Resolution

11. Locator Map

12. Reso. 8596 2.1.1977
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Item No. 22.

Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 3 ends

Porterville City CouncilMay 6, 2025

Porterville City Council
May 6, 2025