Agenda packet — Porterville City Council, June 17, 2025 (part 1 of 3)

City Council Agenda June 17, 2025

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

PORTERVILLE, CALIFORNIA
JUNE 17, 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/89030653585?pwd=Jnb0v1tLJCSyozfSkdPVcVMmTpSZaU.1 Or via Telephone: +1 669 900 6833 Webinar ID: 890 3065 3585 Passcode: 975552 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 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-018-001. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Park Wilson H / Park Hyesun. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-203-003. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and the County of Tulare. Under Negotiation: Terms and Price. 3 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Richard Tree and Yuliana Andrade. Employee Organizations: Porterville City City Council Agenda June 17, 2025

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Employee Association, Management Confidential Series, Porterville Safety Support Unit, Porterville Police Officer Association, Porterville City Firefighter Association, and Fire Officer Series.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Ruth Gale Paredez. Agency claimed against: City of Porterville.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Myers Funeral Service - Jason Wise. Agency claimed against: City of Porterville.

6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: D. Covian through his Guardian Ad Litem, C. Andrade v. City of Porterville, Tulare County Superior Court Case No. PCU321021.

7 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Six (6) cases in which facts are not yet known to potential plaintiffs.
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
Recognition of Former Mayor Kelly West
Employee Recognition

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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

I. City Commission and Committee Meetings

1. Transactions and Use Tax Oversight Committee (TUTOC) - May 27, 2025 II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - May 2025 City Council Agenda June 17, 2025

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2. Freedom Express Shuttle Service Update for Freedom Fest 2025

3. Strawn v. City of Porterville - Report by City Attorney Regarding Council Action to Consider Judgment Satisfied

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 June 3, 2025
Re: Considering approval of the City Council draft Minutes of June 3, 2025.

2. Authorization to Purchase Water and Streets Division Fleet Vehicles Re: Consideration to approve the purchase of two fleet vehicles, utilizing State Contract pricing, including one Fire Hydrant Testing Service Truck in the amount of $122,190 and one Flatbed Service Truck in the amount of $112,000, to support water system maintenance and street repair operations.

3. Authorization of Emergency Expenditure Process for Replacement of Air Conditioner and Boiler at the Police Department
Re: Consideration to approve utilizing the emergency process for the air conditioning and heating system replacement at the Police Department, utilizing the General Fund Reserve Deferred Maintenance funds, in an amount not to exceed $357,083.

4. Reimbursement for Transportation Improvements (Store-It at Gibbons Avenue and Jaye Street)
Re: Consideration to accept the transportation improvements related to the Storeit LLC project and approve reimbursement to Dayco Construction, Inc in a total amount not to exceed $79,596.

5. Authorization to Renew the Agreement between the City of Porterville and the Tulare County Sheriff's Office Work Alternative Program
Re: Consideration to renew the agreement between the City of Porterville and the Tulare County Sheriff's Office Work Alternative Program

6. Approval of Ground Lease Agreements with Porterville Unified School District for Lot 9 and Lot 10 at Porterville Municipal Airport
Re: Consideration of approval of Ground Lease Agreements with Porterville Unified School District for Lot 9 and Lot 10 at the Porterville Municipal Airport, contingent upon the close of escrow on the District’s purchase of the existing hangars.

7. Authorization to Temporarily Extend Participation in Cooperative Purchasing Programs on Existing Asphalt Contracts
Re: Consideration to temporarily extend the existing Fiscal Year 2024-2025 asphalt contracts between the County of Tulare and Jaxon Enterprises, pending a finalized contract for Fiscal Year 2025-2026.

City Council Agenda June 17, 2025

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8. Acceptance of Final Subdivision Map - Brookside, Phase 2 (Presidio JJR Brookside 110 LLC and Presidio JJR Laurelwood 110 LLC)
Re: Consideration to approve the final subdivision map of Brookside, Phase 2, for the San Joaquin Valley Homes subdivision generally located north of Westfield Avenue, west of Lombardi Street.

9. Intent to Schedule a Public Hearing to Consider Amendments to the City's Ordinance Regulating Unsafe and Unauthorized Camping and Storage of Personal Property Re: Consideration to set a public hearing for July 15, 2025, to consider adopting a draft ordinance amending Article VII of Chapter 18 of the Porterville Municipal Code regarding unauthorized camping.

10. Preliminary Annual Engineer's Report of Assessments for Landscape and Lighting Maintenance Districts and Setting a Public Hearing
Re: Consideration of draft Resolutions to order the preparation of and give approval to an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2025-2026 Fiscal Year; declaring the intent to levy and collect assessments; and scheduling a Public Hearing for July 15, 2025, at 6:30 P.M.

11. Approval of Revised Community Civic Event - Communities of the Giant Sequoias - 2nd Annual Watermelon Festival - July 13, 2025
Re: Consideration to approve the revised Community Civic Event application submitted by the Communities of the Giant Sequoias to hold the 2nd Annual Watermelon Festival on Sunday, July 13, 2025.

12. Authorization for Street Closure - KJUG Concert
Re: Consideration to authorize the street closures for the KJUG concert on June 27, 2025, from 3:00 - 9:00 p.m., on Main Street from Cleveland Avenue to Thurman Avenue and Cleveland Avenue from Main Street to the alley just east of Centennial Park.

13. Annual State Senate Bill 1205 Fire Inspection Compliance Report Re: Consideration to adopt a draft resolution acknowledging receipt of the Fire Chief’s Annual Report regarding the department's inspection of specific buildings and occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

14. 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

15. Status of Vacant Positions as Required by AB 2561
Re: Conduct a public hearing and review the vacancy report in compliance with AB 2561.

16. Public Health Goal Report
City Council Agenda June 17, 2025

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Re: A Public Hearing to receive comments in regard to the City's Public Health Goal Report, which was established by the Cal-EPA’s Office of Environmental Health Hazard Assessment (OEHHA) and intended to inform the public of drinking water contaminants that exceed the Public Health Goal set by Cal-EPA.

17. Consideration of an Ordinance Designating Fire Hazard Severity Zones in the Local Responsibility Area
Re: Council to receive and review Fire Hazard Severity Zone maps and data from the State Fire Marshal (March 2025); acknowledge the materials were made available for public review within 30 days of receipt, and conduct the public hearing and consider the adoption of the attached model ordinance designating only Moderate Fire Hazard Severity Zones within the City’s Local Responsibility Area.

18. Adoption of a Provisional Interim Budget for the First Quarter of Fiscal Year 2025-2026 Re: Conduct a public hearing and consider the adoption of a resolution approving a provisional interim budget by continuing the Fiscal Year 2024-2025 budget through the first quarter of Fiscal Year 2025-2026, covering the period from July 1, 2025, through September 30, 2025.

SCHEDULED MATTERS

19. Environmental Document Procurement Process
Re: Council to consider a deviation or change in the current City of Porterville CEQA Procurement Process and provide direction to staff.

20. Initiation of Comprehensive Review and Modernization of Article 305 – Signs of the Porterville Development Ordinance
Re: Council to initiate a comprehensive and expedited review of Article 305 – Signs of the Porterville Development Ordinance and give direction to form a staff-led working group to evaluate and recommend updates based on Council priorities, stakeholder input, and prior consultant review.

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

1. Local Initiatives Navigation Center Committee (LINC) - June 4, 2025

2. Eastern Tule Groundwater Sustainability Agency - June 5, 2025

3. Tulare County Association of Governments (TCAG) - June 16, 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.

City Council Agenda June 17, 2025

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ADJOURNMENT - to the meeting of July 15, 2025, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, requesting electronic participation as an accommodation, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 N. Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: 1. Water Conservation Phase IV Status Update - May 2025 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community. As of October 1, 2024, the City has transitioned from Phase III to Phase IV of its Water Conservation Plan. The plan applies to all municipal water users within or outside the city limits.

The Phase IV plan decreases outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. and 10 a.m. and 5 p.m. and 10 p.m., with no watering allowed Monday through Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours of measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for May 2025 show that two notices of violations were issued for water waste, and no administrative citations were issued.

Water production for May 2025 shows a two percent (2%) decrease from the five-year average. The monthly production for May was 303 million gallons, which is a thirty-five percent (35%) decrease compared to May 2013, when it was 472 million gallons. Residential consumption for May 2025 was 113 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from May 2015 through May 2025. Porterville's cumulative total production conservation through May 2025 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from May 2015 through May 2025. Porterville's cumulative total GPCD conservation through April 2025 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with preparedness to implement conservation standards as necessary. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards. On July 3, 2024, the State Water Resources Control Board adopted Resolution No. 2024-0019 to make Conservation a California Way of Life. Making Conservation a California Way of Life is a new way of managing urban water use. The State Water Board will consider a regulation that establishes unique efficiency goals for each Urban Retail Water Supplier in California and provides those suppliers with flexibility to implement locally appropriate solutions. As part of the state’s all-of-theabove strategy to expand storage, develop new water supplies, and promote more efficient water use, this regulation seeks to cultivate long-term practices that help communities adapt to California's ongoing water challenges. The proposed regulation will lessen the need for the emergency water use reduction targets that were important in recent droughts. With this new resolution, there is a requirement to track indoor residential water use, which staff is currently in the process of implementing.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status May 2025

2. Monthly Production Status GPCD May 2025
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Richard Tree, Interim City Manager
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Monthly Production Status & Cumulative Total June 2015 Through May 2025 Production Comparison to 2013 & 5 Year Average 2013
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5 Year AVG

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Monthly Production Status & Cumulative Total June 2015 Through May 2025 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
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5 Year AVG
Item No.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: 2. Freedom Express Shuttle Service Update for Freedom Fest 2025 SOURCE: Parks and Leisure Services
COMMENT: On June 3, 2025, the City Council authorized the operation of a fare-free shuttle service, known as the Freedom Express, in support of the 2025 Freedom Fest event scheduled for Saturday, June 28. The service will run between the downtown Porterville Transit Center and the Porterville Sports Complex from 3:00 p.m. to 10:00 p.m., with shuttle departures every 40 minutes.

In response to Council direction during the June 3, 2025, meeting, staff identified and incorporated an additional stop at the existing transit location on the south side of the Lowe’s parking lot. This location will provide a convenient alternative boarding area for attendees traveling from the west side of the city. The last shuttle will depart from the Transit Center at 7:40 p.m. and from the Lowe’s stop at 7:50 p.m. The attached map provides a visual reference of the Lowe’s stop location.

Staff will monitor ridership throughout the event and adjust vehicle deployment as needed to ensure all passengers are returned to their boarding location or nearest bus stop by the end of service. The total estimated labor cost for the event is approximately $2,000, which will be covered at no cost to the City by the transit contractor, SM Transit, as a gesture of community support.

Additionally, in response to a Council inquiry, staff clarified that all passengers under the age of thirteen (13) will be required to be accompanied by a parent or responsible adult in order to board and ride the Freedom Express shuttle.

This policy is consistent with the City’s commitment to passenger safety and will be posted on-site and included in public communications leading up to the event.

RECOMMENDATION: This item is provided for informational purposes only. No action is required by the City Council.

Item No.

ATTACHMENTS: 1. Freedom Express Lowe's Stop
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: 3. Strawn v. City of Porterville - Report by City Attorney Regarding Council Action to Consider Judgment Satisfied
SOURCE: City Attorney
COMMENT: This report provides an overview of the final disposition of the legal matter titled Strawn v. City of Porterville, which was handled by legal counsel assigned through the City’s employment risk management authority (RMA). The case was resolved following a court ruling in the City’s favor. As part of the postjudgment process, the City submitted a claim for reimbursement of certain litigation-related costs totaling $9,036. On April 9, 2025, the court approved a reduced cost award in the amount of $3,348.

Following the court’s cost determination, legal counsel prepared an abstract of judgment but, at the request of the City Attorney’s Office, held off on recording it pending City Council direction.

At its closed session meeting on June 3, 2025, the City Council voted 4-0-1 (with Councilmember Beltran abstaining) to consider the matter resolved and to not pursue further collection of the awarded litigation costs. These costs will be absorbed through the City’s self-insured retention, and any applicable reimbursement to the RMA will be addressed administratively. With this action, the case is now considered closed and no additional legal proceedings are anticipated.

Attached is the Report/Memorandum by the City Attorney concerning the Council's action on the matter.

RECOMMENDATION: This item is provided for informational purposes only. No action is required by the City Council.

ATTACHMENTS: 1. Memo - Council Action to Consider Judgment Satisfied Appropriated/Funded:

Review By:

Department Director:

Julia Lew, City Attorney
Final Approver: Richard Tree, Interim City Manager
TO:

FROM:

DATE:

SUBJ:

MCCORMICK KABOT & LEW

MEMORANDUM
Porterville City Council
Julia Lew, City Attorneyqr1{'
June 9, 2025
Strawn v. City of Porterville
Report re Council Action to Consider Judgment Satisfied The purpose of this memorandum is to report on action taken at the June 3, 2025 City Council Meeting (closed session).

This case was handled via special legal counsel appointed by the City's employment risk management authority, and the City prevailed in the case with a successful Motion for Summary Judgment. As is generally customary with any case where the City prevails, the City as the prevailing party is entitled to reimbursement of its legal costs from the other party. In th is type of action, the City is generally NOT entitled to have the non-prevailing party also reimburse the City's attorney's fees, and that was the case here. The costs incurred by the City (excluding attorney fees but including filing fees, deposition costs, discovery and reporter/transcript costs) amounted to $9,036, which were applied for confirmation by the court, and on April 9th the court adjusted those down to a cost bill of $3,348.00.

The City's special legal Counsel notified our office that an abstract of judgment had been filed but had not yet been recorded, and I asked that he hold off pending potential further consideration and direction from the City Council.

During closed session at the June 3, 2025, City Council Meeting, the City Council took action to deem the judgment for the City satisfied, and directed the City to not engage in further efforts to collect the costs from Ms. Strawn. (4-0-1 with Councilmember Beltran abstaining.) This office has contacted the City's special counsel and relayed the action taken. The City will cover its costs through its self-insured retention.

Thank you.

Item No. 1.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Approval of Draft Minutes of June 3, 2025
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of June 3, 2025.

RECOMMENDATION: That the Council approve the draft Minutes of June 3, 2025.

ATTACHMENTS: 1. Draft Minutes of June 3, 2025
Appropriated/Funded:

Review By:

Department Director:

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

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CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 3, 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 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Two (2) cases in which facts are not yet known to potential Plaintiffs.
2 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 3 - Government Code Section 54957 - Public Employee Appointment/Employment: Title:

City Manager
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED

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

PRESENTATIONS
Employee of the Month - Enrique Lara
Monache High School Critical Incident: School Staff and Public Safety Recognition

ORAL COMMUNICATIONS
• Sherri Shields, Porterville, voiced her concerns regarding the City’s management of homelessness and associated funding.
• Kristy Martin, Porterville Chamber of Commerce, provided several updates and upcoming event announcements.

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• Derrick Holt, Porterville, spoke of a recent electric bike accident, raised concerns about transportation access to the casino, and spoke about using cannabis for pain relief.

CONSENT CALENDAR
At the request of Mayor Meister, Item Nos. 5 and 6 were pulled for further discussion.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve Items Nos. 1-4, and 7-20. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF MAY 20, 2025
Recommendation: That the Council approve the draft Minutes of May 20, 2025 Documentation: M.O. 01-060325
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE FARE COLLECTION EQUIPMENT AND

MOBILE/DIGITAL FARE PAYMENT TECHNOLOGY
Recommendation: That the City Council:

1. Authorize the purchase of fourteen (14) fare boxes from Diamond Manufacturing for a total delivered cost of $35,003.70, including sales tax;

2. Authorize the purchase of Token Transit's mobile and digital fare payment system at a total cost not to exceed $114,406.25, including a ten percent contingency, for a three-year term;

3. Authorize the purchase of Branded Smart Cards from Token Transit at a total cost not to exceed $43,700, including sales tax;

4. Authorize staff to advertise the sale of the existing validating fare boxes, using any revenue generated to offset project costs; and

5. Direct staff to continue participating in regional transit coordination efforts to support the long-term goal of a unified regional fare collection system.

Documentation: M.O. 02-060325
Disposition: Approved.

3. AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE AGREEMENT WITH

FLOCK SAFETY FOR FOUR ADDITIONAL AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS
Recommendation: That the City Council:

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1. Authorize the Police Department to enter into a co-termed five-year lease agreement with Flock Safety for the installation of four (4) additional ALPR cameras, increasing the total number of deployed cameras to sixteen (16), in the amount of $60,000 over five years; and

2. Authorize the Chief of Police or designee to execute all necessary documents and make payments in accordance with the contractual terms.

Documentation: M.O. 03-060325
Disposition: Approved.

4. AUTHORIZATION TO ADVERTISE FOR BIDS - MAIN STREET RECONSTRUCTION PROJECT, PHASE 2B (OLIVE AVE TO GARDEN AVE)
Recommendation: That the City Council:

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

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

3. Authorize the City Engineer to negotiate surveying services with one of the firms as approved by Council MO #17-041525; and

4. Authorize the City Engineer to negotiate materials testing services with one of the firms as approved by Council MO #18-041525.

Documentation: M.O. 04-060325
Disposition: Approved.

7. TCAG SUPPLEMENTAL AGREEMENT FOR LITTER ABATEMENT PROGRAM Recommendation: That the City Council:

1. Adopt the attached draft Resolution affirming support for the Litter Abatement Pilot program; and

2. Approve the attached Measure R Program Supplement to Cooperative Agreement with the Tulare County Association of Governments.

Documentation: Resolution No. 50-2025
Disposition: Approved.

8. AUTHORIZATION TO SCHEDULE A PUBLIC HEARING AND PRESENT VACANCY REPORT AS REQUIRED BY AB 2561
Recommendation: That City Council direct staff to schedule a Public Hearing on June 17, 2025, to review the vacancy report and receive public comment, in compliance with AB 2561.

Documentation: M.O. 05-060325

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Disposition: Approved.

9. AUTHORIZATION TO EXECUTE FISCAL YEAR 2025 FEDERAL TRANSIT

ADMINISTRATION CERTIFICATIONS AND ASSURANCES
Recommendation: That the City Council:

1. Authorize the Interim City Manager and City Attorney to execute the Fiscal Year 2025 Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements; and

2. Authorize the Interim City Manager and City Attorney to electronically execute all necessary certifications and assurances in the FTA's Transit Award Management System (TrAMS) for Fiscal Year 2025.

Documentation: M.O. 06-060325
Disposition: Approved.

10. CONSIDERATION TO SET A PUBLIC HEARING FOR THE ADOPTION OF A CONTINUANCE OF THE FISCAL YEAR 2024-2025 BUDGET FOR THE FIRST QUARTER OF FISCAL YEAR 2025-2026
Recommendation: That the City Council set a public hearing for June 17, 2025, to consider the adoption of a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025-2026.

Documentation: M.O. 07-060325
Disposition: Approved.

11. CONSIDERATION TO SET A PUBLIC HEARING FOR THE 2025 PUBLIC HEALTH

GOAL REPORT
Recommendation: That the City Council direct staff to schedule a public hearing on June 17, 2025, to solicit comments on the 2025 Public Health Goal Report.

Documentation: M.O. 08-060325
Disposition: Approved.

12. INTENT TO SCHEDULE PUBLIC HEARING – 5-YEAR CDBG CONSOLIDATED PLAN AND FY 2025/26 ACTION PLAN
Recommendation: That the City Council consider setting a public hearing for the next regularly scheduled City Council meeting that allows for a 15-day public comment period to receive input on the Community Development Block

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Grant (CDBG) 5-Year Consolidated Plan and FY 2025/26 Annual Action Plan in light of the revised entitlement allocation.

Documentation: M.O. 09-060325
Disposition: Approved.

13. CONSIDERATION TO SET A PUBLIC HEARING FOR THE ADOPTION OF AN

ORDINANCE DESIGNATING FIRE HAZARD SEVERITY ZONES IN THE LOCAL

RESPONSIBILITY AREA
Recommendation: That the City Council set a Public Hearing for June 17, 2025, to receive public input and consider the first reading of an ordinance adopting the Fire Hazard Severity Zone (FHSZ) map for the City’s Local Responsibility Area, as provided by the State Fire Marshal.

Documentation: M.O. 10-060325
Disposition: Approved.

14. APPROVAL OF COMMUNITY CIVIC EVENT - ST. ANNE'S PARISH - CORPUS CHRISTI EUCHARISTIC PROCESSION - JUNE 21, 2025
Recommendation: That the City Council approve the Community Civic Event application submitted by the St. Anne’s Parish to hold the Corpus Christi Eucharistic Procession on June 21, 2025, within St. Anne’s Catholic Church neighborhood, subject to restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 11-060325
Disposition: Approved.

15. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE CHAMBER OF COMMERCE - FLAG DAY CEREMONY - JUNE 14, 2025
Recommendation: That the City Council approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Flag Day Ceremony on Saturday, June 14, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 12-060325
Disposition: Approved.

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16. REQUEST FOR PROCLAMATION - FLAG DAY "UNITED UNDER ONE FLAG" - JUNE 14TH - JULY 4, 2025
Recommendation: That the City Council consider approval of the request to proclaim June 14th - July 4th, 2025, as "United Under One Flag" in the City of Porterville.

Documentation: M.O. 13-060325
Disposition: Approved.

17. APPROVAL OF STATE SENATE BILL 1 (SB1) PROJECT LIST FOR FISCAL YEAR 2025-2026
Recommendation: That the City Council:

1. Adopt the draft Resolution for the SB1 project list for FY 2025-2026;

2. Authorize the City Clerk to record the attached draft Resolution; and

3. Authorize staff to submit the project list package to the California Transportation Commission to secure the City's FY 2025-2026 RMRA apportionment.

Documentation: Resolution No. 51-2025
Disposition: Approved.

18. AUTHORIZATION OF OUT-OF-STATE TRAVEL FOR POLICE PERSONNEL Recommendation: That the City Council authorize out-of-state travel for two Police Department personnel to Burlington, Wisconsin, for the final acceptance inspection of the police crime scene processing vehicle, purchased through LDV, Inc.

Documentation: M.O. 14-060325
Disposition: Approved.

19. CONSIDERATION OF CANCELLATION OF JULY 1, 2025, CITY COUNCIL

MEETING
Recommendation: That the City Council cancel the regularly scheduled Council Meeting of July 1, 2025, due to its proximity to the Independence Day holiday.

Documentation: M.O. 15-060325
Disposition: Approved.

20. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD EMERGENCY

Page 7 of 12 ends

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. 16-060325
Disposition: Approved.

PUBLIC HEARINGS

21. CONSIDERATION OF APPROVAL OF MODIFICATION NO. 2 OF CONDITIONAL USE PERMIT (PRC 2017-060-C) FOR TEMPLE OF PRAISE CHRISTIAN

FELLOWSHIP
Recommendation: That the City Council:

1. Hold a public hearing and consider any public testimony concerning the proposed Modification No. 2 to Conditional Use Permit (Resolution 26- 2018);

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 attached draft resolution approving Modification No. 2 to Conditional Use Permit (Resolution 26-2018).

Acting City Manager Michael Knight introduced the item and Community Development Director Claudia Calderon presented the staff report.

Mayor Meister opened the public hearing at 7:17 p.m. and closed the public hearing at 7:18 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Council Member Rivas that the City Council adopt a resolution approving modification No. 2 to Conditional Use Permit (Resolution 26-20218). The motion carried unanimously.

Documentation: Resolution No. 52-2025
Disposition: Approved.

SECOND READINGS

22. SECOND READING - ORDINANCE NO. 1910, AMENDING CHAPTER 15, ARTICLE VII OF THE PORTERVILLE MUNICIPAL CODE, "CANNABIS DISPENSARIES,"

MODIFYING HOURS OF OPERATION, PREMISES SECURITY, RESTRICTING

DELIVERIES, REGULATING DRIVE-THROUGH OPERATIONS, AND ADDITIONAL MINOR CLARIFICATIONS.

Page 8 of 12 ends

Recommendation: That the City Council give Second Reading to Ordinance No. 1910, waive further reading, and adopt said Ordinance.

Acting City Manager Knight introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council give second reading to Ordinance No. 1910, waive further reading, and adopt said ordinance, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15, ARTICLE VII OF THE PORTERVILLE MUNICIPAL CODE, "CANNABIS DISPENSARIES",

MODIFYING HOURS OF OPERTAION, PREMISES SECURITY, RESTRICTING

DELIVERIES, REGULATING DRIVE-THROUGH OPERATIONS AND
ADDITIONAL MINOR CLARIFICATIONS.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: Ordinance No. 1910
Disposition: Approved.

23. SECOND READING - ORDINANCE NO. 1911, AMENDING CHAPTER 21, SERIES 200 AND 300 OF PORTERVILLE MUNICIPAL CODE, ADDING “CANNABIS DISPENSARIES” AS A PERMITTED USE IN THE CG GENERAL COMMERCIAL

ZONE DISTRICT AND MAKING MINOR TYPOGRAPHICAL CORRECTIONS Recommendation: That the City Council give Second Reading to Ordinance No. 1911, waive further reading, and adopt said Ordinance.

Acting City Manager Knight introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council give second reading to Ordinance No. 1911, waive further reading, and adopt said ordinance, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 21, SERIES 200 AND 300 OF THE PORTERVILLE MUNICIPAL CODE, ADDING "CANNABIS DISPENSARIES" AS A PERMITTED USE IN THE CG GENERAL COMMERCIAL ZONE AND MAKING MINOR TYPOGRAPHICAL CORRECTION.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran

Page 9 of 12 ends

ABSTAIN: None
ABSENT: None
Documentation: Ordinance No. 1911
Disposition: Approved.

SCHEDULED MATTERS

24. CONSIDERATION OF APPOINTMENT TO THE ARTS COMMISSION Recommendation: That the City Council consider the appointment of George Albanez to the City's Arts Commission for a term set to expire in July 2026, and direct staff to continue to solicit individuals to serve.

Acting City Manager Knight introduced the item, and Administration Director Yuliana Andrade presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council appoint George Albanez to the City's Arts Commission for a term set to expire in July 2026, and accept the submission of a Request for Appointment from Jackie Buttice and appoint Ms. Buttice to a term set to expire in July 2028. The motion carried unanimously.

Documentation: M.O. 17-060325
Disposition: Approved.

25. CONSIDERATION OF UPDATES TO UNAUTHORIZED CAMPING REGULATIONS

AND POLICIES, INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF A

REUNIFICATION PROGRAM FOR INDIVIDUALS EXPERIENCING

HOMELESSNESS
Recommendation: That the City Council:

1. Review and provide direction on the draft ordinance amending Article VII of Chapter 18 of the Porterville Municipal Code regarding unauthorized camping;

2. Consider the policy concept of a reunification program to assist individuals experiencing homelessness reconnect with support networks; and

3. Direct staff to prepare a draft resolution and program implementation plan for future Council consideration, if supported.

Acting City Manager Knight introduced the item and City Attorney Julia Lew presented the staff report.

Page 10 of 12 ends

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Mayor Meister that the City Council approve the draft ordinance amending Article VII of Chapter 18 of the Porterville Municipal Code related to unauthorized camping. The motion carried unanimously.

Documentation: M.O. 18-060325
Disposition: Approved.

5. AWARD OF CONTRACT FOR THE TRANSIT CENTER RENOVATION PROJECT Recommendation: That the City Council:

1. Award the Transit Center Renovation Project to Sage Construction & Development LLC in the amount of $120,590.47;

2. Authorize a 10% contingency in the amount of $12,059.05, for a total project budget of $132,649.52;

3. Authorize the Transportation Director or designee to prepare a purchase order, subject to final review by the City Attorney; and

4. Authorize staff to issue a Notice to Proceed upon issuance of the purchase order and receipt of required bonds and insurance.

Acting City Manager Knight introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council award the Transit Center Renovation Project to Sage Construction & Development LLC in the amount of $120,590.47, authorized a 10% contingency in the amount of $12,059.05, for a total project budget of $132,649.52. The motion carried unanimously.

Documentation: M.O. 19-060325
Disposition: Approved.

6. AUTHORIZATION TO OPERATE A FARE FREE SHUTTLE TO THE FREEDOM FEST ON JUNE 28, 2025
Recommendation: That the City Council authorize staff to operate a fare free shuttle route to and from the Transit Center and Sports Complex from 3:00 p.m. to 10:00 p.m. on June 28, 2025, to provide alternative transportation to the Freedom Fest.

Acting City Manager Knight introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Council Member Rivas that the City Council authorized staff to operate a fare free shuttle route to and from the Transit Center and Sports Complex from 3:00 p.m.

Page 11 of 12 ends

to 10:00 p.m. on June 28, 2025, and provided direction to staff to gather and present more details about routes and minor ridership at a later time. The motion carried unanimously.

Documentation: M.O. 20-060325
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Task Force on Homelessness - May 21, 2025 Council Member Rivas reported on the approval of meeting minutes, the adoption of the Pathway House Plan, a presentation on HAP 6 funding, and a report from the Tulare River Housing Authority.

3. Eastern Tule Groundwater Sustainability Agency - May 23, 2025 Council Member Green stated that all discussion and actions took place in Closed Session, and there was nothing to report out.

4. Tulare County Economic Development Corp. (TCEDC) - May 28, 2025 Community Development Director Claudia Calderon reported on the approval of meeting minutes and April financials, a presentation by Southern California Edison, the TCEDC annual report, and noted that some upcoming reports were deferred.

5. Flag Day Committee - June 3, 2025
Mayor Meister announced that the Flag Day event will take place on June 14 at Grocery Outlet. The ceremony will feature a fire truck ladder lowering the old flag and raising the new one. Assemblywoman Alexandra Macedo is scheduled to be the guest speaker, and flag jumpers carrying American flags will participate. Mayor Meister requested that the city’s social media channels help promote the event.

ORAL COMMUNICATIONS
• Sherri Shields, Porterville, advocated for improved homeless services, offering observations and recommendations.

OTHER MATTERS
• Council Member Beltran praised the recent Memorial Day service at Hillcrest, recognized the Military Banner ceremony featuring the Monache band and local youth, apologized for missing Mother’s Day recognition, wished everyone a Happy Father’s Day, commended the public recognition of first responders and those involved in the Monache High School incident, and urged the community to keep the suspect in their prayers. • Vice Mayor McKervey praised the Military Banner ceremony and Memorial Day service, reported on the spillway dedication, shared heartfelt reflections from the funeral of longtime community leader Kelly West, and concluded by honoring West’s legacy, announcing the city flag would be flown at half-staff for a week in his memory.

Page 12 of 12 ends

• Mayor Meister expressed support for a protest against a biological male winning girls’ track medals at the CIF Championships; met with Huntington Beach officials to discuss forming a statewide Alliance of Charter Cities; praised the Military Banner ceremony and Memorial Day service; expressed sadness over the removal of a memorial fig tree dedicated to fallen firefighters and thanked those who replaced it with flowers; highlighted the spillway expansion ribbon-cutting; celebrated progress on Grand Avenue reconstruction; and strongly supported the No Camping Ordinance, citing public safety concerns and damage caused by encampments, urging continued firm action to protect Porterville. • Acting City Manager Michael Knight expressed deep appreciation for city staff and community members, praising their dedication and swift response during times of need. He thanked public safety personnel for their ongoing efforts, acknowledged the community’s resilience, and closed by thanking the council for their service and the opportunity to serve alongside them.

CLOSED SESSION
None.

ADJOURNMENT
The Council adjourned at 8:23 p.m. to the meeting of June 17, 2025, at 5:30 p.m.

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

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Authorization to Purchase Water and Streets Division Fleet Vehicles SOURCE: Public Works
COMMENT: As part of the City’s continued commitment to maintaining and improving essential public infrastructure, staff is recommending the purchase of two fleet vehicles that support the operations of the Water and Streets Divisions. These vehicle acquisitions were originally scheduled in 2020 but were delayed due to supply chain disruptions and escalating equipment and fabrication costs.

Updated quotes have now been secured through the State of California’s competitive procurement program, providing the most cost-effective and efficient path forward.

The first vehicle, a Fire Hydrant Testing Service Truck, will support the City’s water system maintenance operations by enabling staff to conduct accurate pressure and flow testing throughout the distribution network. This specialized truck, based on a Ford F-450 chassis, includes a custom maintenance service bed. The total estimated cost is $122,190, which includes $64,439 for the cab and chassis and $55,997 for the custom maintenance bed. Funding for this purchase is available through the Water Enterprise Fund.

The second vehicle is a Flatbed Service Truck that will enhance the City’s ability to respond to routine and emergency street maintenance needs. This vehicle, also based on a Ford F-450 chassis, includes a custom flatbed outfitted with a crane. The total estimated cost is $112,000, comprised of $64,439 for the cab and chassis and $42,000 for the flatbed and crane. This purchase will be funded through Measure I – Streets.

Both vehicles will be acquired using California State Contract No. 1-22-23-20F for fleet vehicles. This contract ensures compliance with state purchasing guidelines and provides the City with access to pre-negotiated pricing. In accordance with the City’s Purchasing Policy and Procedure Manual, as amended by City Council Resolution No. 122-87, staff recommends that the City Council authorize the purchases of the cab and chassis by negotiation from the 2024/2025 fiscal year budget, fund the fabrication of the vehicle beds from the 2025/2026 budget and allow payment upon satisfactory delivery.

Item No. 2.

RECOMMENDATION: That the City Council:

1. Authorize the purchase by negotiation of one Fire Hydrant Testing Service Truck in the amount of $122,190 to be funded from the Water Enterprise Fund;

2. Authorize the purchase by negotiation of one Flatbed Service Truck for the Streets Division in the amount of $112,000 to be funded from Measure I – Streets; and

3. Authorize both purchases to be made pursuant to California State Contract No. 1-22-23-20F for fleet vehicles, and authorize payment upon satisfactory delivery and fabrication of the equipment.

ATTACHMENTS: 1. Reso 122-87_10-20-87
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Richard Tree, Interim City Manager

Item No. 3.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Authorization of Emergency Expenditure Process for Replacement of Air Conditioner and Boiler at the Police Department
SOURCE: Engineering and Project Management
COMMENT: The Police Department, located at 350 N D Street, is experiencing a failure of its air conditioning and heating system. The building houses the City's 9-1-1 dispatch and related equipment that must maintain temperature control in order to protect said equipment and ensure continued emergency response. It is also important to note that per OSHA Section III, Chapter 2, Subsection V, it is recommended that internal temperature control be provided in the range of 68-76 degrees Fahrenheit by cooling and/or heating. Should internal temperatures reach 82 degrees Fahrenheit, then heat illness prevention measures must be employed per the California Code of Regulations, Title 8, Section 3396; this is especially important as public safety personnel wear layers of clothing and protective gear that restricts their bodies' ability to remove heat.

The existing air conditioning and heating system includes a sixty (60) ton unit and a boiler. Installation of a unit of this size is limited to those who are certified to do so by the manufacturer. The manufacturer of the system at the Police Department, Trane Commercial, shared that there are only two companies in our area authorized to replace their units; BMI Mechanical or American Refrigeration. Staff reached out to both companies in an attempt to obtain quotes for the replacement, but only BMI Mechanical responded. BMI Mechanical scheduled a site visit and evaluation and has provided a quote for the needed replacements. The quote for the air conditioning portion of the work is $269,373, and the quote for the boiler portion of the work is $55,248 for a total of $324,621.

Funding for this work is available in the General Fund Reserve Deferred Maintenance funds.

RECOMMENDATION: That the City Council:

1. Ratify the determination that utilizing the emergency process for the air conditioning and heating system replacement at the Item No. 3.

Police Department meets the emergency criteria as promulgated in Article VII, Section 2-38 of the City Code;

2. Approve the draft resolution authorizing the appropriation of funds from the General Fund Reserve Deferred Maintenance fund;

3. Direct the Finance Director to initiate a Purchase Order to BMI Mechanical in an amount not to exceed $357,083 (inclusive of a 10% contingency); and

4. Direct the Finance Director to make payment to BMI
Mechanical upon receipt of invoices approved by the
Engineering & Project Management Director.

ATTACHMENTS: 1. Municipal Code 2-38 Emergency
ExpendituresAppropriations

2. Draft Resolution

3. Quote - 60 Ton Unit

4. Quote - 650K Boiler
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Yuliana Andrade, Administrative Services Director 2-38: EMERGENCY EXPENDITURES/APPROPRIATIONS:

An appropriation and/or expenditure of up to one hundred thousand dollars ($100,000.00) is authorized without additional prior council approval, if: a) the city manager has requested that such an appropriation/expenditure be made; b) the mayor has determined that the circumstances for the request constitute an extraordinary emergency, meaning that there is an immediate need to make such appropriation/expenditure for the preservation of the public peace, health or safety; and c) the city manager notifies the council of the specific appropriation/expenditure in writing. (Ord. 1704 § 1, 10-3-2006)
RESOLUTION NO. _____ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND RESERVE DEFERRED

MAINTENANCE TO FUND THE REPLACEMENT OF THE AIR CONDITIONING AND HEATING

SYSTEM AT THE POLICE DEPARTMENT
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance Fund for the exclusive purpose of providing funds to support onetime city facility deferred maintenance and/or equipment replacement costs such as HVAC units; and
WHEREAS: The replacement of the heating and cooling system at the Police Department is paramount to protecting the 9-1-1 equipment located in the facility; and WHEREAS: OSHA Section III, Chapter 2, Subsection V, recommends internal temperature control by provided in a range of 68-76 degrees Fahrenheit; and WHEREAS: California Code of Regulations, Title 8, Section 3396 requires the implementation of heat illness prevention measures should the internal temperatures reach 82 degrees Fahrenheit; and
WHEREAS: The layers of clothing and protective gear worn by public safety personnel restricts their bodies; ability to remove heat.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the replacement of the air conditioning and heating system at the Police Department is within the intent and purpose of the Facility Deferred Maintenance Fund; and

2. 3. That the City Council of the City of Porterville does hereby approve and authorize the appropriation of $357,083 from the Facility Deferred Maintenance Fund for the replacement of the air conditioning and heating system.

PASSED, APPROVED and ADOPTED this 17th day of June, 2025.

ATTEST:

Richard Tree, Interim City Clerk Greg Meister, Mayor
By:

Fernando Gabriel-Moraga, Chief Deputy City Clerk

Contractor’s License #332160

Corporate Mailing Address: P.O. Box 279  Tulare, CA 93275 (800) 698-4264  www.bmimechanical.com  www.bmipacwest.com June 13, 2025
City of Porterville
350 North D St.

Porterville, CA 93257
ATTN: Sarah Weaver
RE: Proposal PP13183 Replace (1) Trane 60-Ton Rooftop AC Unit serving the Porterville Police Department
Dear Sarah:

BMI Mechanical, Inc. is pleased to present this proposal for the above referenced work, per your request. This project proposal addresses replacing (1) 60-Ton package AC system located on the Porterville Police Station rooftop. This system features the next-generation R-454B refrigerant, delivering superior performance with a lower environmental impact.

The equipment’s estimated delivery time is 12-14 weeks from the time factory order is submitted.

Scope of Work:

1. Provide and install one (1) 60-ton Trane package AC unit.

2. Remove and dispose of old equipment as per EPA guidelines offsite.

3. Provide and install fusible disconnect and fittings as per mechanical code.

4. Provide licensed crane service for setting and removal of equipment.

5. Connect equipment to existing controls and condensate management system.

6. Obtain mechanical installation permits from the City of Porterville.

7. Start, test, and place new equipment into service.

Clarifications and Exclusions:

1. All work is quoted as prevailing wage and assume full access to the work areas and system controls as required.

2. Diagnosis of system controls, dampers, or automation are excluded from this scope of work.

3. In the event of unforeseen supplier cost increases (e.g. tariffs, taxes, regulatory changes), BMI will make every effort to absorb the additional costs, but reserves the right to adjust pricing accordingly, both before and after proposal approval.

4. Any delays caused by others beyond our control will be billed at applicable time & material rates as an extra to the agreement.

5. Any additional work beyond as noted above is excluded.

6. Please refer to Terms & Conditions page for additional items.

Page 2 of 4 ends

Price for the above Scope of Work: $269,373.00
Two-hundred sixty-nine thousand, Three hundred and Seventy-three dollars and Zero cents Payment Terms: 40% Down and Balance upon completion.

This proposal is valid for thirty (30) days and is subject to approval thereafter.

Please contact me at (559) 308-2525 or [email protected] with any questions. To proceed, please complete the following approval page and return a copy via e-mail.

Thank you for the opportunity to be of service to the City of Porterville.

Sincerely,
Robert Tiffany
Project Sales Representative

Page 3 of 4 ends

BMI Mechanical, Inc.  BMI-PacWest, Inc.

PROJECT APPROVAL FORM
Please complete all sections and return to [email protected] BMI Proposal #: PP13183 Total Amount Approved: $269,373.00 Customer Approval Signature:

Customer Approval Name:

Customer Approval Title:

Purchase Order #:

Job Site Name:

Job Site Address:

Billing Entity Name:

Billing Address:

Billing Contact Name:

Billing Phone / Email:

Special Billing Instructions:

Payments:

BMI Mechanical, Inc.  BMI-PacWest, Inc.

P.O. Box 279, Tulare CA 93275
(559) 688-7571, [email protected]

Page 4 of 4 ends

BMI Mechanical, Inc.  BMI-PacWest, Inc.

TERMS AND CONDITIONS

1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours.

2. Any delays caused by others beyond our control may be billed at our standard labor and material rates as an extra to this agreement. If work is delayed more than 180 days beyond our control, Contractor has the right to cancel the job and bill Customer for any costs incurred at standard labor and material rates.

3. If Customer delays equipment purchase or start of work into a new calendar year, Customer may be billed for any increases to labor or equipment costs.

4. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates in effect.

5. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand.

6. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder.

7. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an extra charge (fixed price amount to be negotiated or on a time-and-material basis at Contractor's rates then in effect) over the sum stated in this Agreement.

8. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all court costs and attorneys' fees incurred by Contractor.

9. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work.

10. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control.

11. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agent and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in party by the negligence of Contractor.

12. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations.

13. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes and materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.

Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer’s facility, including without limitation, injury or illness to occupants of the facility or third parties, or any damage to the customer’s facility, arising out of or in connection with the Contractor’s work under this agreement, including without limitation any illness, injury, or damage resulting in any manner from any fungus(es) or spore(s), any substance, vapor or gas produced by or arising out of any fungus(es) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s).

14. Under no circumstances, whether arising in contract, tort (including negligence), equity or otherwise, will Contractor be responsible for loss of use, loss of profit, increased operating or maintenance expenses, claims of Customer’s tenants or clients, or any special, indirect or consequential damages.

Contractor’s License #332160

Corporate Mailing Address: P.O. Box 279  Tulare, CA 93275 (800) 698-4264  www.bmimechanical.com  www.bmipacwest.com June 13, 2025
City of Porterville
350 North D St.

Porterville, CA 93257
ATTN: Sarah Weaver
RE: Proposal PP13182 Replace (1) 650,000 BTU Boiler Serving the Porterville Police Department
Dear Sarah:

BMI Mechanical, Inc. is pleased to present this proposal for the above referenced work, per your request. This project proposal addresses replacing (1) 650,000 BTU Boiler. The new equipment provides reliable performance with a new 97% efficiency unit.

Scope of Work:

1. Provide and install (1) 650K BTU Boiler.

2. Remove and dispose of old equipment as per EPA guidelines offsite.

3. Reroute existing gas line to the new equipment with sediment trap as per mechanical code with new gas flex and fittings.

4. Reroute the piping from existing water loop to fit the new equipment layout.

5. Reroute the condensation drain and install a condensate neutralizer.

6. Provide and install new ventilation flue pipe to serve the new boiler efficiency requirements per mechanical code.

7. Start, test, and put new units into service.

Clarifications and Exclusions:

1. All work is quoted as prevailing wage and assume full access to the work areas as required.

2. In the event of unforeseen supplier cost increases (e.g. tariffs, taxes, regulatory changes), BMI will make every effort to absorb the additional costs, but reserves the right to adjust pricing accordingly, both before and after proposal approval.

3. Any delays caused by others beyond our control will be billed at applicable time & material rates as an extra to the agreement.

4. Any additional work beyond as noted above is excluded.

5. Please refer to Terms & Conditions page for additional items.

Page 2 of 4 ends

Price for the above Scope of Work: $55,248.00
Fifty-five thousand, Two hundred and Forty-eight dollars and Zero cents Payment Terms: 40% Down and Balance upon completion.

This proposal is valid for thirty (30) days and is subject to approval thereafter.

Please contact me at (559) 308-2525 or [email protected] with any questions. To proceed, please complete the following approval page and return a copy via e-mail.

Thank you for the opportunity to be of service to the City of Porterville.

Sincerely,
Robert Tiffany
Project Sales Representative

Page 3 of 4 ends

BMI Mechanical, Inc.  BMI-PacWest, Inc.

PROJECT APPROVAL FORM
Please complete all sections and return to [email protected] BMI Proposal #: PP13182 Total Amount Approved: $55,248.00 Customer Approval Signature:

Customer Approval Name:

Customer Approval Title:

Purchase Order #:

Job Site Name:

Job Site Address:

Billing Entity Name:

Billing Address:

Billing Contact Name:

Billing Phone / Email:

Special Billing Instructions:

Payments:

BMI Mechanical, Inc.  BMI-PacWest, Inc.

P.O. Box 279, Tulare CA 93275
(559) 688-7571, [email protected]

Page 4 of 4 ends

BMI Mechanical, Inc.  BMI-PacWest, Inc.

TERMS AND CONDITIONS

3. If Customer delays equipment purchase or start of work into a new calendar year, Customer may be billed for any increases to labor or equipment costs.

6. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder.

9. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work.

12. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations.

Item No. 4.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Reimbursement for Transportation Improvements (Store-It at Gibbons Avenue and Jaye Street)
SOURCE: Engineering and Project Management
COMMENT: The developer of the new facility at the corner of Gibbons Avenue and Jaye Street, Storeit LLC, is requesting reimbursement for the cost of asphalt pavement improvements per City Standards along a portion of the north side of Gibbons Avenue and the east side of Jaye Street. Due to conditions of the existing pavement, it is necessary that a three-inch (3") overlay be completed to help smooth the transitions in the wheel paths of the project area. Overlay work is typically completed by City crews a the City's expense; the contractor completing the work at this time relieves City staff of that burden and improves the area for the tenant of the new development and residents in the area.

The quote is provided by Dayco Construction, Inc. (the contractor for the development, who is qualified to do the work and already mobilized) for costs associated with the proposed asphalt pavement and concrete improvements in the amount of $72,360. Staff and the developer both agree that the quote is acceptable. Measure I funds would be used as the source of funding.

RECOMMENDATION: That the City Council:

1. Accept the transportation improvements related to the Storeit LLC project; and

2. Approve reimbursement to Dayco Construction, Inc in a total amount not to exceed $79,596 (inclusive of a 10% contingency).

ATTACHMENTS: 1. Dayco Construction Quote
Appropriated/Funded:

Review By:

Department Director:

Item No. 4.

Javier Sanchez, Engineering & Project Management Director Final Approver: Yuliana Andrade, Administrative Services Director Mr. Javier Sanchez June 10, 2025
City of Porterville
291 N Main Street
Porterville Ca. 93257
Re: Porterville Storage Facility
Bldg. Permit #BLDCO724-0363
Dear Javier,
Thank you for taking the time to meet with owner Wayde Elliott, Logan Couch and myself to discuss the building impact fees regarding our project. As requested, I have included a cost breakdown for off-site improvements for the new facility located at 310 Gibbons Ave in Porterville as follows:
• 13,836 sq.ft. of 4”AC over 14” of Class 11 base rock -------------------------------------$ 190,884 • 1,295 LF of curb and gutter----------------------------------------------------------------------$ 93,296 • Testing------------------------------------------------------------------------------------------------$ 5,600 • Traffic Control---------------------------------------------------------------------------------------$ 13,440 • Landscaping-----------------------------------------------------------------------------------------$ 110,400 • (4) Street lights ------------------------------------------------------------------------------------$ 33,600 Total cost for all items listed above for the sum of ----------------------------------------------$ 519,580 OH&P 15 % $ 77,937
Total $ 597,517
Privacy fencing and gates--------------------------------------------------------------------------------$ 147,389 Please don’t hesitate to contact me if you have any questions, Respectfully,
Gary Day
881 West Morton Ave., Suite D · Porterville, CA 93257 · 559-782-3689 · Fax 559-782-3692 · Contract Lic.# 512948 • Grind 15,896 SF @ 3" and cap (Prevailing wage rate)-------------------------------------$ 72,360 Item No. 5.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Authorization to Renew the Agreement between the City of Porterville and the Tulare County Sheriff's Office Work Alternative Program SOURCE: Parks and Leisure Services
COMMENT: The Tulare County Sheriff’s Office Work Alternative Program (SWAP) reduces jail overcrowding by providing an alternative to incarceration. Judges can sentence non-violent offenders (charged with DUI or other traffic offenses) to SWAP. This allows them to perform community service instead of serving time.

SWAP provides free manual labor to municipalities, government agencies and non-profit organizations. Simultaneously, offenders learn transferrable work skills and gain experience in manual labor.

The City of Porterville has accepted SWAP workers for many years. Supervised by Parks Maintenance Workers, SWAP crews perform a variety of duties such as weed abatement, picking up trash, and light grounds maintenance. The added support to City staff by SWAP workers has proven to be a valuable asset to the City. The Agreement between the City of Porterville and Tulare County for the Sheriff's Office Work Alternative Program is up for renewal and City staff recommend that the City continue this partnership. At its meeting on May 1, 2025, the Parks and Leisure Services Commission voted unanimously to also recommend the agreement renewal between the City and Sheriff's office for the SWAP program.

RECOMMENDATION: That the City Council authorize renewal of the Agreement between the City of Porterville and Tulare County for the Sheriff's Office Work Alternative Program contingent upon review by the City Attorney.

ATTACHMENTS: 1. SWAP Agreement
Appropriated/Funded:

Review By:

Item No. 5.

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager

Item No. 6.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Approval of Ground Lease Agreements with Porterville Unified School District for Lot 9 and Lot 10 at Porterville Municipal Airport
SOURCE: City Manager's Office
COMMENT: Porterville Unified School District (PUSD) is in the process of acquiring two aircraft hangars located on Lot 9 and Lot 10 at the Porterville Municipal Airport from Arrow Falcon, Inc. The acquisition supports PUSD’s expansion of its Career Technical Education (CTE) programs to include aviation instruction and hands-on training in aviation technology and operations.

To support this initiative, the City has prepared revised Ground Lease Agreements for both lots. The leases are structured as 30-year agreements and will become effective upon the close of escrow on PUSD’s purchase of the hangars. Until that time, no leasehold interest will be transferred.

The agreements have been updated to reflect educational use, comply with City Charter Section 68, and include standard provisions regarding maintenance, insurance, and compliance with applicable regulations. The lease agreements reflect a mutual investment in aviation education and workforce development for Porterville youth. Execution of these leases will provide PUSD with a stable, long-term presence at the airport and help position the City as a regional hub for technical and vocational aviation instruction.

RECOMMENDATION: That the City Council:

1. Approve the Ground Lease Agreement with Porterville Unified School District for Lot 9 at the Porterville Municipal Airport, contingent upon the close of escrow on the purchase of the existing hangar located on said lot;

2. Approve the Ground Lease Agreement with Porterville Unified School District for Lot 10 at the Porterville Municipal Airport, contingent upon the close of escrow on the purchase of the existing hangar located on said lot; and

3. Authorize the Mayor to execute the agreements, with any final non-substantive changes approved by the City Attorney.

Item No. 6.

ATTACHMENTS: 1. Draft Lease Agreement Lot 9

2. Draft Lease Agreement Lot 10
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
1 LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the seventeenth day of June, 2025, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Porterville Unified School District, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto; and
WHEREAS, Lessee additionally desires to lease a portion of said airport for the purpose of expanding its educational programs through the development and operation of aviation-related training, instruction, and other activities incidental thereto, which may include the use of existing or future facilities for classroom instruction, hands-on learning in aviation technology and operations, and aircraft systems education; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 9 at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on ______________, 2025, both parties having executed the same, and shall terminate on ______________, 2055, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Pursuant to City of Porterville Charter Section 68, notwithstanding the stated term of the Lease, the City may terminate this Lease at 2 its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee, and via the valuation process required by that Section. The current requirements of Charter Section 68 will apply unless repealed, or as may be revised during the term of this Lease.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.174 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 22,500 square feet of land area, said rental rate will be $3,915.00 annually, payable in advance.

Beginning January 1, 2026, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar for aeronautical purposes and activities directly relating to the operation of aircraft, including activities that make aircraft operation possible, required for aircraft safety, or otherwise directly connected to aircraft operations, including but not limited to parking, tie-downs, storage, service, repair, maintenance, fueling, aircraft rental and flight instruction, and other commercial activity reasonably related to the aviation industry.

Lessee additionally desires to lease a portion of said airport for the purpose of expanding its educational programs through the development and operation of aviation-related training, instruction, and other activities incidental thereto, which may include the use of existing or future facilities for classroom instruction, hands-on learning in aviation technology and operations, and aircraft systems education.

Lessee shall not use the premises or any part thereof or permit them to be used for any purpose 3 or purposes other than stated above without the prior written consent of the City. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance requirements. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.

5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.
4 8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water, sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves 5 all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policies in the amount of not less than TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at 6 City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to 7 direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the 8 airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Porterville Unified School District
Assistant Superintendent
600 West Grand Avenue
Porterville, CA 93257
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, 9 transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lender shall have the right at any time during the term of the loan and while this Lease is in full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter at such lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or 10 agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recover shall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any 11 other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation of said furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises as set forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing 12 only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by a Court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.
13 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.

CITY OF PORTERVILLE LESSEE
By: By:

Greg Meister, Mayor Dr. Nate Nelson, Superintendent
Porterville Unified School District
ATTEST:

By:

Richard Tree, Interim City Clerk
APPROVED AS TO FORM:

By:

Julia M. Lew, City Attorney
1 LEASE AGREEMENT

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 18,750 square feet of land area, said rental rate will be $2,118.72 annually, payable in advance.

Beginning November 1, 2025, and each November 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

20. Lease Subordinate to Agreements with the United States Government:

34. Severability: The invalidity of any provision of this Lease as determined by a Court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

CITY OF PORTERVILLE LESSEE
By: By:

Greg Meister, Mayor Dr. Nate Nelson, Superintendent
Porterville Unified School District
ATTEST:

By:

Richard Tree, Interim City Clerk
APPROVED AS TO FORM:

By:

Julia M. Lew, City Attorney
Item No. 7.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Authorization to Temporarily Extend Participation in Cooperative Purchasing Programs on Existing Asphalt Contracts
SOURCE: Public Works
COMMENT: After soliciting bids, the County of Tulare awarded its Fiscal Year 2024-2025, 3/8" Cold Mix Asphalt contract, 1/2" Cold Mix Asphalt contract, as well as its 1/2" Hot Asphalt Concrete contract, to Jaxon Enterprises. These types of asphalt mixes are used for the City's Asphalt Overlay Program, and staff requested authorization to "piggyback" onto these contracts for the purchase of asphalt mixes for the Fiscal Year 2024-2025, which City Council approved at its meeting on June 18, 2024. Resolution No. 35-93, adopted by the Council on April 20, 1993, gives authorization to participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services.

The County uses these contracts to purchase cold-mix asphalt, hot-mix asphalt, and other materials to be used in road repair projects scheduled for the next fiscal year. These contracts are extending the agreements and are scheduled to be finalized after the end of the current fiscal year. As a result, City staff do not anticipate new contracts being in place for up to sixty (60) days. In the interim, Jaxon Enterprises is offering to extend the current Tulare County contracts to those agencies that take advantage of the “piggyback” clause until new agreements can be finalized. This will allow agencies participating in the Tulare County contracts to continue road maintenance without impacting scheduled work.

Funds for asphalt purchase will be made available from the Fiscal Year 2025- 2026 Capital Improvement Projects Overlay Program, funded by the Surface Transportation Program (STP), Local Measure R, Measure I, and Local Transportation Funds (LTF).

RECOMMENDATION: That the City Council authorize a temporary extension of the Fiscal Year 2024–2025 contracts for purchasing asphalt mix and materials utilizing the contracts between the County of Tulare and Jaxon Enterprises pending a finalized contract for the 2025- Item No. 7.
2026 Fiscal Year.

ATTACHMENTS: 1. Tulare County Contract No. 1956-1.5 Hot Asphalt Concrete

2. Tulare County Contract No. 1958 – 3-8” Cold Mix – NorthSouth County

3. Tulare County Contract No.1954 – 1-2” Cold Mix – NorthSouth County

4. Resolution No. 35-93
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Richard Tree, Interim City Manager
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT:MATERIAL CONTRACT NO. 1956 – 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY
GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024 for the supplying of 1/2” Hot Asphalt Concrete-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibil¬ity of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.

Sufficient notice will be given to the Contractor to effect the required delivery.

QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.

INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.

Material Contract
Page Two
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.

Material Contract
Page Three
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).

CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.

It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.

Material Contract
Page Four
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.

CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

Material Contract
Page Five
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
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DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Pres
4/25/2024
4/26/2024
CONTRACT NO.: 1956
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 CONTRACT NO.: 1956

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY TON $61.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required. Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 61.00 PER TON

Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2025.

Applicable sales tax will be added in addition to the price indicated above.

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract

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DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14

EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract

Page 1 ends

DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Material Contract

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DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Material Contract

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DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Certificate Of Completion
Envelope Id: FBB1C9BBDF8F4750B872B78409707A14 Status: Completed Subject: 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY Source Envelope:

Document Pages: 41 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Elaine Anderson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/25/2024 5:27:56 PM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.189.45.56
Sent: 4/25/2024 5:31:26 PM
Viewed: 4/25/2024 5:32:31 PM
Signed: 4/25/2024 5:32:48 PM
Electronic Record and Signature Disclosure:

Accepted: 4/25/2024 5:32:31 PM
ID: d453b342-05ac-458b-a7af-6ee00cc52536
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/25/2024 5:32:50 PM
Viewed: 4/26/2024 8:15:50 AM
Signed: 4/26/2024 8:17:58 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/25/2024 5:31:26 PM
Certified Delivered Security Checked 4/26/2024 8:15:50 AM Signing Complete Security Checked 4/26/2024 8:17:58 AM
Completed Security Checked 4/26/2024 8:17:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: W Jaxon Baker
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Carahsoft OBO County of Tulare of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO County of Tulare To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO County of Tulare To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO County of Tulare as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO County of Tulare during the course of your relationship with Carahsoft OBO County of Tulare.

PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1958 – 3/8” COLD MIX – NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024 for the supplying of 3/8” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

Material Contract
Page Three
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

Material Contract
Page Five
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________

[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 4/26/2024
Pres
4/26/2024
CONTRACT NO.: 1958
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 3/8” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 CONTRACT NO.: 1958

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 3/8” COLD MIX – NORTH/SOUTH COUNTY TON $68.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 68.00 PER TON

Plant Run Cold Mix – 3/8” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2025.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract

Page 1 ends

DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 Certificate Of Completion
Envelope Id: 3EB496B8B0C34C6984225B8D84194BE6 Status: Completed Subject: 3/8" Cold Mix Material - North/South County
Source Envelope:

Document Pages: 38 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Elaine Anderson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/26/2024 9:28:49 AM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 128.92.11.138
Signed using mobile
Sent: 4/26/2024 9:30:07 AM
Viewed: 4/26/2024 9:34:55 AM
Signed: 4/26/2024 9:35:20 AM
Electronic Record and Signature Disclosure:

Accepted: 4/26/2024 9:34:55 AM
ID: fa4b0db0-0cd8-4691-a626-973545b5935f
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/26/2024 9:35:22 AM
Viewed: 4/26/2024 10:32:36 AM
Signed: 4/26/2024 10:32:53 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/26/2024 9:30:08 AM
Certified Delivered Security Checked 4/26/2024 10:32:36 AM Signing Complete Security Checked 4/26/2024 10:32:53 AM Completed Security Checked 4/26/2024 10:32:53 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

How to contact Carahsoft OBO County of Tulare:

If you created a DocuSign account, you may update it with your new email address through your account preferences.

PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1954 – 1/2” COLD MIX – NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024, for the supplying of 1/2” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

Material Contract
Page Three
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

Material Contract
Page Five
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________

[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA 4/26/2024
Pres
4/26/2024
CONTRACT NO.: 1954
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA CONTRACT NO.: 1954

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2” COLD MIX – NORTH/SOUTH COUNTY TON $63.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 63.00 PER TON

Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 Tons total estimated quantity for North County/South County through June 30, 2025.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract

Page 1 ends

DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA

EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Page 1 ends

DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Qe =AETT x (Xe I 100)
where:

Material Contract

Page 1 ends

DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

Material Contract

Page 1 ends

DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA Certificate Of Completion
Envelope Id: 10BED03962EC4E188338ADDCB5E994EA Status: Completed Subject: 1/2” COLD MIX – NORTH/SOUTH COUNTY
Source Envelope:

Document Pages: 41 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Elaine Anderson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/26/2024 8:51:36 AM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
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Using IP Address: 128.92.11.138
Signed using mobile
Sent: 4/26/2024 8:54:40 AM
Viewed: 4/26/2024 9:28:55 AM
Signed: 4/26/2024 9:29:23 AM
Electronic Record and Signature Disclosure:

Accepted: 4/26/2024 9:28:55 AM
ID: a12e0caf-1db8-423a-b4e0-78715343ff8c
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
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Item No. 8.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Acceptance of Final Subdivision Map - Brookside, Phase 2 (Presidio JJR Brookside 110 LLC and Presidio JJR Laurelwood 110 LLC)
SOURCE: Engineering and Project Management
COMMENT: The subdivider, Presidio JJR Brookside 110, LLC, a Delaware Limited Liability Company and Presidio JJR Laurelwood 110, LLC, a Delaware Limited Liability Company, has submitted the final map of the subject project for City Council approval. The subdivider is requesting approval prior to the acceptance of the required improvements.

The subdivider has agreed to submit the required guarantee to the City to complete and/or accept all necessary public improvements for the project. A subdivision agreement between the subdivider and the City will be executed with approval, and all fees have been paid.

The final map is in conformance with the approved tentative map and City Council Resolution No. 13-2022. The improvement plans, specifications, dedications, and the final map have been approved by the Engineering & Project Management Director and City Engineer and all other requirements have been met.

RECOMMENDATION: That the City Council:

1. Approve the final subdivision map of Brookside, Phase 2; and

2. Accept all offers of dedication shown on the final map or by separate deed document.

ATTACHMENTS: 1. Resolution 13-2022

2. Final Map - Brookside Phase 2
Appropriated/Funded:

Review By:

Department Director:

Item No. 8.

Javier Sanchez, Engineering & Project Management Director Final Approver: Richard Tree, Interim City Manager

SHEET 1 OF 4
BROOKSIDE PHASE 2

N WESTWOOD ST WESTFIELD AVE
WESTWOOD STREET (ROAD 224)

BURTON SCHOOL DISTRICT
D.N. 2007-0068905
WILLIAMS RANCH PH.1
39 RM 30 ORCHARD RIDGE PH.2 37 RM 87
6 95
96 97
98 99
100
40 41 1 2 3 4 5
130
94 90
93 92
91 89
88 87
86 NORTH CREEK PH.1 37 RM 93
45 44
43 42
177
193
192
178
172
191 190 189 188 187 186
175
173
169
171
170
168
176
174
167
153
152
162
161
160
159
154
155
164 163
156
165 166
157
194195196197198199200201202203204 207 209 208205 206
215
211
217
213 212
214
210
216
224
228 223225
226
229
227 222 221 220 219 218
179 180 181 182 183 184 185
158 WELLINGTON STREET

SANTA MARIA AVENUE

OXFORD DRIVE

PAMELA AVENUE
ADJUSTED PARCEL 2
LLA 2022-007
D.N. 2023-0026280
137
136 116
117 115 114 113 112 111 110
151 126 125
69 68 67 66 65 64 63 62 61 60 59 58
57 56
49 50 51 52 53 54 55
48 47
90 99
100
109
138
139
140

PIONEER AVENUE
NANCY
AVENUE
UNITED STATES VOL. 1296 PG. 229, O.R.T.C. FRIANT
KERN
CANAL
1 141

OUTLOT A

BRIAN AVENUE

WESTFIELD AVENUE

GLENN AVENUE
ADJUSTED PARCEL 3
LLA 2022-007
D.N. 2023-0026279

WENDY AVENUE OXFORD DRIVE
BROOKSIDE PHASE 1
45 RM 28
37 38 39 PARCEL 2 36
8 PM 80

CITY OF

PORTERVILLE
APN 245-480-052

CALLISON
D.N. 2023-0010903
COONS
D.N. 2019-0049021
ENNIS
D.N. 2022-0055288 NORTH CREEK PH.2 39 RM 14
41 40
2 1 LOMBARDI STREET
SHEET 2 OF 4
OVERALL BOUNDARY AND SHEET INDEX BROOKSIDE PHASE 2
N

BURTON SCHOOL DISTRICT
D.N. 2007-0068905
Δ
180
177
193
192
178
179 181
191 190 189 188 187 186
182 183 184 185
175
180
177
153
152
173
169
171
170
168
193
192
178
172
179
161
160
159
154
155
156
191
176
174
167
157
158
162
164
163
165 166

SANTA MARIA AVENUE OXFORD DRIVE

OXFORD DRIVE
PAMELA AVENUE WESTWOOD STREET (ROAD 224)
151 126 125
69 68
67 66 65 64
63 62 61 60 59 58
57 56
49 50 51 52 53 54 55
48 47

PIONEER AVENUE
Δ
Δ Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
UNITED STATES VOL. 1296 PG. 229, O.R.T.C. FRIANT
KERN
CANAL

OUTLOT A
Δ

BRIAN AVENUE
Δ
BROOKSIDE PHASE 1
45 RM 28
BROOKSIDE PHASE 1
45 RM 28
SHEET 3 OF 4
BROOKSIDE PHASE 2
N
WILLIAMS RANCH PH.1
39 RM 30
1 40 41 NORTH CREEK PH.1 37 RM 93
44 43
42 BROOKSIDE PHASE 1
45 RM 28
Δ
Δ
207
194 195 196 197 198 199 200 201 202 203 204
213 212 211 210
209 208 206 205
215
228
214 216 217
225
226
229
227
224
223 222 221 220
218 219 OXFORD DRIVE

WENDY AVENUE

GLENN AVENUE SILVER MAPLE
ADJUSTED PARCEL 2
LLA 2022-007
D.N. 2023-0026280
137
136 117 116 115 114 113 112 111 110 90
99 100
109
138
139
140 WESTWOOD STREET (ROAD 224) Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ WELLINGTON STREET
1 141
Δ

WESTFIELD STREET
38 39 PARCEL 2 36 37
8 PM 80
41 40
1 BROOKSIDE PHASE 1
45 RM 28
SHEET 4 OF 4
BROOKSIDE PHASE 2
N
Item No. 9.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Intent to Schedule a Public Hearing to Consider Amendments to the City's Ordinance Regulating Unsafe and Unauthorized Camping and Storage of Personal Property
SOURCE: City Manager's Office
COMMENT: At its regular meeting of June 3, 2025, the City Council reviewed and approved a draft ordinance updating the City’s regulations and policies related to unauthorized camping. These updates are intended to align with recent legal developments, including the United States Supreme Court’s decision in Johnson v. Grants Pass, as well as updated state guidance.

The purpose of this staff report is to request that the City Council set a public hearing for July 15, 2025, at which time the Council will consider adoption of the proposed ordinance and conduct the first reading of the ordinance in accordance with the City’s standard procedures.

RECOMMENDATION: That the City Council set a Public Hearing for July 15, 2025, to receive public input and consider the first reading of an ordinance amending Article VII of Chapter 18, regulating unsafe and unauthorized camping and storage of personal property, the protection of critical infrastructure, and mitigation of harm to public health, safety and welfare.

ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
Item No. 9.
1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE VII OF CHAPTER 18 REGULATING UNSAFE AND UNAUTHORIZED CAMPING AND STORAGE OF PERSONAL

PROPERTY, THE PROTECTION OF CRITICAL INFRASTRUCTURE, AND MITIGATION OF HARM TO THE

PUBLIC HEALTH, SAFETY AND WELFARE
WHEREAS, the City of Porterville (“City”) encourages the use of open spaces and facilities within the City by all members of the community; and
WHEREAS, all people have a right to be protected from environmental pollution and to live in and enjoy clean, healthful, and safe living conditions; and
WHEREAS, camping in undesignated campsites within the City limits creates unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public, for example when the camping has occurred in the Tule Riverbed or along the embankments, where there has been both severe flood and fire dangers to those camping and the public depending on the season; and
WHEREAS, camping in undesignated campsites within the City limits tends to degrade and even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and
WHEREAS, camping in undesignated campsites within the City limits not only detracts from the use of the property for its intended purposes but also can create dangerous conditions for the public; and WHEREAS, the City has the authority to adopt regulations to ensure the public’s health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, the the U.S. Supreme Court, in the case of Johnson v. City of Grants Pass, 603 U.S. 520 (2024) (“Grants Pass”) ruled that enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment, and local governments can enforce ordinances banning sleeping or camping on public property; and WHEREAS, there are available low barrier overnight shelters operating within the Cityto serve individuals experiencing homelessness in the City; and
WHEREAS, the City has invested significant funds, resources, and time to assist persons experiencing homelessness to find temporary and permanent shelter and necessary public health services to address the causes of their homelessness, has sought to address the underlying issues contributing to homelessness and has striven to be a part of the solution. These City of Porterville actions and efforts include:

1. City Council, City Manager and staff participation on committees and sub-committees with service groups, regional non-profits, County Public Health Services, and other agencies to address causes of homelessness and work towards solutions.

Ordinance No. ____
2 2. The Police Department’s creation, expansion, and continued operationof a SMART team to provide homeless liaison services to address needs of the unhoused within the City limits and encourage coordination or facilitate connections with available resources.

3. The City’s development of low-barrier shelters, a Navigation Center, and permanent supportive housing to help support the needs of persons experiencing homelessness.

4. The City’s support and collaboration with local service providers to assist individuals and families experiencing homelessness, with funding focused on emergency shelters, housing navigators, bridge housing and permanent supportive housing.

5. The City has transferred the City’s portion of the National Opioid Settlement back to Tulare County to manage a regional effort to combat opioid-related issues that directly impact our unhoused population.

WHEREAS, despite the City’s efforts the Police Department has found that a significant number of the City’s homeless population routinely decline the City’s offers of help for various reasons including, and many people experiencing homelessness refuse to accept services and refuse to move from encampments; and
WHEREAS, the City has experienced significant and continuing threats to public health and safety resulting from persons experiencing homelessness sleeping and camping in public spaces and unauthorized private locations in the City, including the following:

1. Homeless encampments raise a number of public health concerns related to waste, sanitation, and disease transmission. Unhoused people, like all other people, generate solid waste during their daily activities of food preparation and consumption, shelter building and maintenance and storing their possessions. Without any place or method of proper storage or disposal, the resulting piles of trash become food sources for rodents, breeding grounds for pathogens, fuel for fires, and unattractive nuisances to the public.

2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitation services and waste collection, with some diseases such as hepatitis A and typhus more likely to occur in homeless populations.

3. Health and safety issues are presented by the violation of fire, building, electrical and other codes and standards for public health and safety, including the unauthorized and unpermitted use of electrical and utility connections, due to the potential and reality of unsafe and unhealthy conditions in encampments, posing life, safety, fire and health threats to both the occupants of the encampments, the general public and emergency responders.

4. Health and safety issues are exacerbated and compounded by larger encampments as there is an exponential increase in these health and safety issues the larger the encampment, including but not limited to both accumulation of trash and debris as well as the greater likelihood of the spread of disease.

5. The City regularly receives a large volume of emails, phone calls and in-person complaints regarding the encampments in the City, and the frequency and number of these complaints continues to increase.

Ordinance No. ____
3 6. The homelessness problem in Porterville impacts crime rates. Homelessness-related crime rates are significant both in terms of crimes against the homeless and also crimes committed by the homeless. The Porterville Police Department estimates a call volume of % of total calls for service are related to our unhoused population (with this percentage including complaints as well as arrests).

7. Business owners and residents near encampments are confronted by trash, used needles, and human waste, and increased instances of open drug use, property damage, theft, and break-ins. They have seen their property values decline, their small businesses fail, and their public spaces become uninhabitable.

8. Businesses and residences near encampments experience physical impediments to access to public and private property which both impedes emergency responses, evacuation of occupants during an emergency, and general public access, as well as exacerbates the likelihood of conflict, intimidation and threats to the public safety for both the unhoused as well as all members of the public, and furthermore the collection of biohazard materials, human waste, trash and rubbish near businesses and residential areas contributes to a general decline in public health, safety and welfare.

9. Encampments near emergency shelters established for emergency evacuations during events such as winter rainstorms can cause barriers to access for evacuees.

10. Encampments near active construction sites, trash enclosures, areas with heavy vehicle use, and similar areas pose unique threats to both the unhoused as well as the operators of construction equipment and vehicles through unintentional yet predictable collisions and threats to health and safety.

11. Encampments on or near public utilities and critical infrastructure, such as stormwater, water and sewer infrastructure, fire stations, electrical wires and natural gas pipelines, pose unique safety, environmental and security issues and are generally closed to the public or have limited public access for safety, environmental and security reasons.

12. Unauthorized connections or taps to public utilities, as well as violation of fire, building, electrical and other codes and standards, create unsafe conditions and a potential life safety hazard for the occupant, the general public and emergency responders.

13. Encampments pose immense public health concerns as the rates of overdoses from drugs like fentanyl and heroin have increased substantially among the unhoused and encampments can provide an environment conducive to illegal drug consumption.

14. Abandoned encampment cleanups are performed by City Police officers and Parks and Leisure services department staff with police equipment, fire and City code enforcement officers and staff in an attempt to maintain and or control the spread of large encampments and this taxes public resources while unnecessarily exposing first responders and City staff to unhealthy and unsafe situations.

15. Fires in unsafe locations for cooking and warming occur at encampments increasing the risk of fires posing a threat to safety and health, and the City has had to respond directly to major fires caused by such activities over the years.

16. Accumulation of biohazard and medical waste occurs in and around encampments and these items end up in our creeks, storm drains, waterways, and beaches posing a direct threat to health and safety.

Ordinance No. ____
4 17. Severe blockage of storm drains and also the Tule Riverbed, due to excessive encampment debris and/or degradation of the river embankments leads to increased roadway and stream flooding and drain blockages during storms causing threats to health and safety.

18. During times of severe storms, unhoused camps are located in and must be evacuated from riverbeds; sloughs; embankments; low lying, unsafe areas; and storm drains due to increased risk of flooding, rapid water movement, and blockage of storm drains, posing safety threats to the residents of the encampments; and
WHEREAS, in light of these significant and continuing threats to public health and safety, the City previously adopted reasonable time, place and manner regulations on unauthorized camping, and now desires to adopt amendments consistent with the U.S. Supreme Court decision in Grants Pass, and that address additional issues and consideration; and
WHEREAS, the City finds that reasonable camping regulations for public property will best serve the public’s health, safety, and general welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CHAPTER 18, ARTICLE VII AMENDED. Article VII of Chapter 18 , entitled “Unauthorized Camping Regulations,” is hereby amended as follows:

CHAPTER 18. ARTICLE VII – UNAUTHORIZED CAMPING REGULATIONS Section 18-76 FINDINGS AND PURPOSE
A. As the City continues to offer assistance and services to persons experiencing homelessness, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with its limited resources.

B. The City Council acknowledges that at the time of the adoption of this ordinance, although there has been available nightly shelter space within the City, there is a lack of nightly shelter beds and housing available regionally for persons experiencing homelessness and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

C. The City Council acknowledges that some persons will live or shelter for survival outdoors until they are able or willing to access affordable or free shelter or housing. In Porterville, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City property, on various private property without authorization, and at times on other public agency property owned by other public agencies.

D. Public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences.

Ordinance No. ____
5 E. The City owns limited property where camping can or should be allowed for reasons including but not limited to public health and safety concerns and issues created by the impact of camping on public property.

F. The City has had increasing concerns regarding public health and safety due to instances of camping on or in rights-of way and public property in or near waterways, streets, roads, sidewalks, schools, residences, businesses, critical infrastructure, public access points and similar locations. Public utility properties (e.g., stormwater, water, sewer) are environmentally and operationally sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.

G. Over the long term and working with other governmental agencies and non-profit organizations, the City’s belief is that people should not have to live outside and there are safer options.

H. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in Porterville to be healthy, safe, and have access to public places.

I. Smaller camp sites support both the health and safety of people who are camping for survival on public property as well as the health and safety of the public.

J. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property which will address issues such as fire risk, unsanitary conditions, health risks, public infrastructure security, public access impediments, trash, waste, damage to park features and plants, and public safety hazards to both people camping as well as neighboring businesses, residents and community members, as well as environmental degradation, which have occurred with longer-term camping in the City.

K. It is the intent of the City to evaluate each removal of a Campsite with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. The City intends to use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate. When the City requires a person experiencing homelessness to remove a Campsite, through these regulations, it intends to provide the person adequate time to remove the Campsite before the City removes the Campsite, to secure any personal property with reasonable utility or reasonable value for the person to retrieve at a later date, and to clean the former Campsite to address threats to public health and safety.

Section 18-77 DEFINITIONS
The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended.

A. “Camp” or “Camping” means residing in or using any public property for one or more days or nights for sheltering or living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute Ordinance No. ____
6 camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation or sheltering for one or more days or nights.

B. “Camp Facilities” include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

C. “Camp Materials” includes but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, shopping carts, recyclable material and/or non-City designated cooking or heating facilities and similar equipment, or personal possessions that would facilitate one’s use of a park, public property, or any portion of the public right-of-way as a temporary residence.

D. “Critical Infrastructure” means real property or a facility, whether privately or publicly owned, that the City Council by Ordinance or with recommendations from the City Manager by Resolution designates, from time to time, as being so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals and health facilities; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.

E. “Enforcement Personnel” means the employee(s) of the City, including but not limited to sworn police officers, and code enforcement officers authorized by the City to seek compliance with, and enforce, the regulations, requirements, and rules of this.

G. “Fire Severity Zones” means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e., moderate, high, and very high).

H. “Greywater” means untreated wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and the like. It does not include any toilet discharge, unhealthy bodily wastes, or manufacturing wastes.

I. “Hazardous Water” means sewage, toilet discharge, unhealthy bodily wastes, manufacturing wastes and the like.

J. “Landscaped Area” means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs.

K. “Personal Property” means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

L. “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on City, county, or State park grounds.

Ordinance No. ____
7 M. “Public Property” means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; freeway on-ramps and off-ramps; publicly owned, maintained, or operated parks and/or playgrounds; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.

N. “Public Utilities” means every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof, as defined by Public Utilities Code section 216, and as amended.

O. "Rights-of-Way" means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular use, pedestrian use, utilities or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.

P. “School” means any institution, facility, or organization, whether public or private, that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. School for purposes of this section does not include vocational or professional institutions of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.

Q. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

R. “Transportation Facility Loading Area” means that area within 200 feet of where trains, buses or any form of public transportation loads or unloads passengers.

S. “Vehicle” means a “motor vehicle” as defined by California Vehicle Code, section 415 and includes a “recreational vehicle” as defined by California Health and Safety Code, section 18010(a).

Section 18-78 RESTRICTIONS AND TIME, PLACE AND MANNER REGULATIONS It is unlawful and a public nuisance for any person to camp on Public Property when there is available space for the person(s) at a shelter location where the person(s) is eligible and is qualified to go. If there is no available shelter space, persons who do not have any other permanent residence or domicile and/or are involuntarily experiencing homelessness are prohibited from camping on certain public property as specified pursuant to this Article, and as restricted pursuant to any administrative rules and policies promulgated by the City Manager, or designee, adopted after the Effective Date of this Ordinance, in accordance with this Article. Additionally, camping, sheltering or lodging (or other activities) in a public place in violation of any applicable State or Federal law is prohibited.

Ordinance No. ____
8 A. Time. Unless otherwise specified, any Camping or Camp, where allowed, may only occur for 12 hours at a time in any one location. After 12 hours in one location, the Camp and all associated Camp Materials must be moved at least one street block or 600 feet, whichever is greater, to another location (where the activity is not otherwise prohibited).

B. Place. Camping is not allowed at any time in any of the following places:

1. Within a residentially zoned property boundary or within any area zoned Residential, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

2. Within any Mixed-Use Overlay Zone, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

3. Any place where Camping, a Camp, or Camp Materials create a physical impediment preventing emergency or non-emergency ingress, egress or access to public or private property, including but not limited to, on public sidewalks, alleyway or other public rights-of-way, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property; and, within 15 feet of any fire hydrant.

4. Any vehicle lane, bicycle lane, roundabout within any public right-of-way, or Transportation Facility Loading Area, or under or on any bridges.

5. Within 1000 feet from any shelter both established for emergency evacuations as well as approved under the Porterville Municipal Code and/or approved consistent with any applicable provision of State or federal law.

6. On any street or public rights-of-way, unless expressly authorized by the City.

7. Within, or within an additional distance boundary as set by Resolution, any School.

8. Within, or within an additional distance boundary as set by Resolution, any Playground.

9. At the following public property: Porterville City Hall, any City-operated Community Center, Porterville Veterans Hall, Porterville Public Library, and Zalud House.

10. On, or within an additional distance boundary as set by Resolution, riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly owned water, sewer or storm drain infrastructure (e.g., sewer lift stations, storm water pump stations or structures).

11. Within, or within an additional distance boundary as set by Resolution, Critical Infrastructure.

12. Within, or within an additional distance boundary as set by Resolution, either a very high Fire Severity Zone or a high Fire Severity Zone.

13. In, or within an additional distance boundary as set by Resolution, Refuse Service Containers (all bin and curbside service containers, in addition to designated Refuse trash enclosures).

Ordinance No. ____
9 14. On or within a certain specified distance of any other Public Property as may be designated from time to time by Resolution of the City Council, with recommendations from the City Manager, Police Chief and Fire Chief, or their designees.

C. Manner. Camping, whennot otherwise prohibited, is subject to all of the following limitations and regulations:

1. Individuals, Camp Materials, Camps, or personal property may not obstruct, block, prevent access to, or impede: sidewalk accessibility or passage; clear vision of moving vehicles or bicycles; usage of fire hydrants; usage or function of Public Utilities, Critical Infrastructure, or other City infrastructure; or, otherwise obstruct, block, prevent access to, or impede the use of the Rights-of-Way for vehicular, pedestrian, bicycle, or other passage.

2. A Camp or Camping shall be limited to a spatial footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restrictions set forth in this Chapter. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.

3. To prevent larger Camping sites from forming and the impacts to public health and safety that can result, a Camp shall not be within a one hundred fifty (150) foot radius of any other Camp, unless otherwise explicitly authorized by City regulation, and only under such conditions adopted by the City and permitted by this Code.

4. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no reasonable utility or reasonable value, as determined by the City, in public rights-of-way, on City property, or on any adjacent public or private property.

5. Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Porterville Fire Department, or the Porterville Police Department, are prohibited. Types of flameless cooking stoves and other flameless devices for keeping warm, as consistent with this subsection, are permitted. Additionally, any and all fires, to the extent allowed by this Section, must comply with all State and local laws.

6. Dumping of Greywater or Hazardous Water into any facilities or places not intended for Greywater or Hazardous Water disposal is prohibited. This includes but is not limited to City streets, public rights-of-way, public waterways, and storm drains, which are not intended for disposal of Greywater or Hazardous Water.

7. Unauthorized connections or taps to Public Utilities, including but not limited to such connections or taps that cross over City property, roadways, rights-of-way, driveways, streets, sidewalks, fences, and private property are prohibited.

8. Violations of building codes, fire codes, and other relevant codes or standards for health and safety are prohibited.

Ordinance No. ____
10 9. Obstruction of, or attachment of Camp Materials or personal property to, fire hydrants, utility poles, Public Utilities infrastructure, public infrastructure, fences, trees, vegetation, vehicles, bridges/infrastructure, or buildings is prohibited.

10. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable, are not structures for purposes of this section.

11. Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry, and only to the extent that such items are used in a safe manner.

12. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited.

13. All animals in the custody, ownership, or companionship of an individual, must be leashed or crated at all times.

14. Camps shall consist of no more than two adult persons, their minor dependents, two animals (e.g., dogs) that are leashed or crated at all times, and one tent.

Section 18-79 ENFORCEMENT
A. Voluntary Compliance. The enforcement personnel shall make a good faith effort to contact the person violating this Chapter and provide a reasonable opportunity to cure or remedy the alleged violation. Enforcement Personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made.

B. Notice of Violation

1. 24 Hour Notice. Prior to implementing any of the enforcement mechanisms provided for in this Chapter to remove aCampsite and/or Camp Facilities because of violations of this Chapter, the Enforcement Personnel shall provide occupants of aCampsite or Camp Facilities, at least 24 hours in advance of any action to remove the Campsite or Camp Facilities, notice both to remove the camp within 24 hours consistent with the requirements of this Chapter as well as of the intent by the City to remove the Campsite or Camp Facilities in no less than 24 hours (the “notice”). The notice shall be in writing and shall be posted on or near the Campsite or Camp Facilities, so as to reasonably communicate the notice to persons living at the or Camp Facilities but not present during the attempt to provide notice. In addition, the Enforcement Personnel shall make a good faith effort to personally provide the written notice to the occupant(s) of the Campsite or Camp Facilities present at the time the Enforcement Personnel posts the notice.

Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp within 24 hours consistent with the requirements of this Chapter shall constitute a violation of this Chapter. The notice shall contain the following information:
a. The location of the Campsite or Camp Facilities;
Ordinance No. ____
11 b. The date and time notice was posted;
c. A statement that the Campsite or Camp Facilities violates this Chapter; d. An advisement that the City will remove the Campsite or Camp Facilities 24 hours after the date and time of the notice;
e. Information about any housing, shelter, or homeless services available for occupants of the Campsite or Camp Facilities, the phone number and address to contact in order to obtain such housing, shelter, or homeless services, if available, and information about obtaining free transportation, if available, to such housing, shelter, or homeless services; f. An advisement that any personal property remaining at the Campsite or Camp Facilities site when the Enforcement Personnel returns to remove the Camp Facilities will be impounded for no fewer than 60 days, or as provided for by applicable law, and will be discarded thereafter if not claimed; and
g. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, being a staging or storage area managed by the Porterville Fire Department – Code Enforcement Unit, or as otherwise designated by the City, and that the City will charge no fee for storage or retrieval.

2. Less Than 24 Hour Notice. The notice detailed above may establish a shorter time for the removal of the encampment if the Enforcement Personnel have determined the conditions at the Campsite or Camp Facilities requires removal of the Campsite or Camp Facilities in less than 24 hours to avoid a potential emergency or threat to public health or safety, such as possible site contamination by hazardous materials or when there is reasonable potential danger to human life or safety. Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp consistent with the requirements of this Chapter shall constitute a violation of this Chapter.

3. Illegal Activity or Exceptional Emergency. Enforcement personnel may remove a Campsite or Camp Facilities without providing the notice described above in the following circumstances:
a. When there is probable cause for law enforcement officials to believe that illegal activity, other than camping, is occurring at a Campsite or Camp Facilities, or in the immediate vicinity of an Established Campsite or Camp Facilities; or b. When there is probable cause for law enforcement officials to believe that the property that comprises a Campsite or Camp Facilities is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or c. In the event of an exceptional emergency, such as significant evidence of site contamination by hazardous materials or when there is immediate danger to human life or safety.

C. Removal of a Campsite or Camp Facilities. If the occupant(s) fail to comply with the request for voluntary compliance set forth in subsection A above, and after the enforcement personnel comply with the requirements set forth in subsection B above, any Camp, Camp Materials, or personal property in Ordinance No. ____
12 violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, and the enforcement personnel may take appropriate actions to remove a Campsite or Camp Facilities and enforce this Chapter, consistent with the following:

1. When removing Camp Facilities, or individuals, Camp Materials, or personal property from a Campsite, enforcement personnel will make reasonable efforts to remove individuals without the use of force or citation.

2. When removing personal property, the City shall make reasonable efforts to determine if the property belongs to an individual and has any reasonable utility or reasonable value. “Personal belongings” include 1) items of apparent value of $50 or more; and/or 2) items of apparent personal value, including but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID’s , bank statements, and legal papers), backpacks, container, and operational bicycles, scooter, and strollers. The City shall make reasonable efforts to identify which Campsite the property was removed from, to aid in connecting people with their property. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.

3. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be provided to law enforcement officials.

4. Following removal of personal property from City property or rights-of-way, the City shall post a notice at or as near as possible to the location the property was collected and on the City's website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

5. After a Campsite or Camp Facilities has been removed, then at the recommendation of the Police Chief or Fire Chief on the basis of public health and safety, the City Manager may order that no camp be set up in that same location or a 100-foot. The City shall post signs informing the public that camping is prohibited at the location.

D. Removal and Storage of Personal Property or Camp Materials During Removal of a Campsite or Camp Facilities. Personal property or Camp Materials may be removed from City rights-of-way, City property, or a Camp, during removal of a Campsite or Camp Facilities pursuant to Section C above, if in violation of the provisions of this Chapter, as provided for herein.

1. Personal property removed from City rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of sixty (60) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

2. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be Ordinance No. ____
13 considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.

3. The City will store personal property at a storage facility at or near a designated City facility, where people can reasonably retrieve belongings. Notwithstanding any otherwise applicable City policy or procedure, all items collected and stored pursuant to this Chapter that reasonably appear to have a monetary value at the time of collection of less than one thousand dollars ($1,000) shall be stored at a storage facility, and items that reasonably appear to have a monetary value at the time of collection of one thousand dollars ($1000) or more shall be separately stored for safekeeping with the Porterville Police Department (“MBPD”).

4. The City will make reasonable efforts to provide a range of times the storage facility will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed after sixty (60) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

Section 18-80 VIOLATIONS
A citation for a violation of this Article shall be for an infraction. At the City's discretion, it may issue Administrative Citations under Chapter 2, Article 14 of this Code. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. Additionally, the City reserves the right to enforce this Article in accordance with Chapter 1, Sections 1-9 and 1-10 of this Code, to the extent consistent with this Article and Section.

Section 18-81 SUSPENSION OF ENFORCEMENT
The City Council, Manager, or designee, as otherwise specified is specifically authorized to modify or suspend enforcement of any section or part of this Article in the event of a declared emergency, pursuant to applicable State or Federal Law, City regulations, administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Council or City Manager's authority, regardless of whether an emergency has been declared. In addition, the City Manager may suspend the enforcement of regulations contained in this Chapter when the City Manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person’s disability, or as further set forth in any administrative policies implementing this Article adopted by the City Manager, or designee pursuant to Section 18-82.

Section 18-82 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with this Chapter, or for other reasons that may support discretion in enforcement.

Ordinance No. ____
14 Section 18-83 METHODS OF ENFORCEMENT NOT EXCLUSIVE
Methods of enforcement for violations of this Chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the City is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

Section 18-84 OVERNIGHT CAMPING ON PRIVATE PROPERTY
It is unlawful to camp on private property without the property owner’s consent, or to camp on private property in such a manner in violation of applicable law or this Code or as to cause blight or a public nuisance, or to disturb the peace and quiet enjoyment of the adjacent property owners and neighbors.

For the purposes of this section, an unlawful encampment includes but is not limited to an area of private property , upon which any person has settled or located, or which they occupy, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and/or which is occupied or inhabited by such person in violation of section 103 of the California Building Code or Chapter 7 of this Code (Uniform Building Codes as adopted by the City). Camping inside a motor vehicle shall only be permitted if done in a manner otherwise consistent with this Section and if otherwise (and to the extent) permitted under this Code or applicable law.

Notwithstanding the other restrictions in this Section, camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation, any trafficking in illegal drugs, or with such frequency, intensity or duration as to constitute a use of land prohibited under Chapter 21 of this Code (zoning regulations), nor where any fee, charge or other monetary consideration is collected for the privilege of Camping or for any services or the use of any facilities related thereto (unless such use/activity has been expressly permitted by the City).

Notwithstanding this Section or other applicable regulations in this Code, camping, lodging (or other activities) on private property in violation of any applicable State or Federal law is prohibited.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 4. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions or policies, and the like, in conflict with those sections amended or added herein to the Porterville Municipal Code, are hereby expressly superseded by this ordinance.

SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage and adoption.

SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

Ordinance No. ____
15 PASSED, APPROVED AND ADOPTED this _____ day of _______, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: _______________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Preliminary Annual Engineer's Report of Assessments for Landscape and Lighting Maintenance Districts and Setting a Public Hearing SOURCE: Parks and Leisure Services
COMMENT: The City has created seventy-seven (77) Landscape and Lighting Maintenance Districts (LLMDs) since 1989, each established alongside new land development projects. While some LLMDs consist solely of street lighting, others include landscaped areas within the public right-of-way or on public property, designed to enhance neighborhood aesthetics and environmental quality. Assessments are levied only on property owners who directly benefit from the improvements.

Each fiscal year, staff undertake a comprehensive evaluation of every LLMD, considering current maintenance needs, fund balances, projected expenditures, and reserve levels. Based on this analysis, not all LLMDs will be assessed in Fiscal Year 2025–2026. In cases of fiscal imbalance, strategic multiyear recovery plans have been developed to bring LLMDs into sustainable alignment, ensuring continued service delivery while avoiding undue financial burden.

The attached Engineer’s Report outlines the proposed assessments and associated maintenance responsibilities for each district. Upon Council approval, the assessments will be submitted to the County of Tulare for inclusion on the tax rolls for the upcoming fiscal year. A public hearing to consider the proposed assessments is scheduled for July 15, 2025, at 6:30 p.m.

RECOMMENDATION: That the City Council:

1. Adopt the draft resolution ordering the preparation of an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2025-2026 Fiscal Year;

2. Adopt the draft resolution giving preliminary approval to the Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2025-2026 Fiscal Year;

3. Adopt the draft resolution declaring the intent to levy and collect assessments for the 2025-2026 Fiscal Year, and offering a Item No. 10.
time and place for hearing objections hereto; and

4. Schedule a Public Hearing for July 15, 2025, at 6:30 P.M., regarding the Engineer's Report and proposed assessment for the Landscape and Lighting Maintenance Districts for the 2025- 2026 Fiscal Year.

ATTACHMENTS: 1. Draft Resolution - Ordering the Preparation of the Engineer's Report

2. Draft Resolution - Preliminary Approval to Engineer's Report

3. Draft Resolution Declaring Intent to Levy Collect
Assessments and Set Public Hearing

4. Engineer's Report
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager
RESOLUTION NO. ______-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS FOR FISCAL YEAR 2025-2026
WHEREAS, the City Council of the City of Porterville has determined that the public interest, convenience and necessity required the maintenance of lighting systems, landscape planting materials, irrigation systems and appurtenances in designated areas of the city; and WHEREAS, the City has established assessment districts to recover the cost of maintenance work; and
WHEREAS, Section 22622 of the California Streets and Highways Code requires that an Engineer’s Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district.

NOW, THEREFORE, be it resolved by the City Council of the City of Porterville that:

1. Javier Sanchez, Jr. is appointed “Engineer of Work” for preparation of the Engineer’s Report.

2. The Engineer of Work is ordered to prepare the report for Fiscal Year 2025-2026 in accordance with Article 4, Division 15, of the Streets and Highways Code, “Landscaping and Lighting Act of 1972” of the State of California.

PASSED, APPROVED AND ADOPTED this 17th day of June 2025. ___________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: _____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

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Porterville City CouncilJune 17, 2025

Porterville City Council
June 17, 2025