City Council Agenda October 21, 2025
AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 21, 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.
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Please direct any questions to the Office of City Clerk at 559-782-7464.
Call to Order
Roll Call
ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1- Government Code Section 54956.95 – Liability Claim: Claimant: Skylon Mullins & Timothy Kamrath. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Huntington Beach, et al. v. Newsom, et al., No. 23-3694 (Ninth Circuit), D.C. No. 8:23-cv-00421-FWS-ADS., U.S. Supreme Court No. 25-4337, Docket No. 25A12
3 - Government Code Section 54956.9(d) (2) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two cases: 1) Notice of intent to file CEQA action from Attorney Dan Stein dated 10/10/2025, and 2) Letter from Attorney Brent McManigal dated 10/02/2025.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) Cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED
SESSION
Pledge of Allegiance Led by Vice Mayor McKervey
City Council Agenda October 21, 2025
Invocation
PRESENTATIONS
Police Department Recognition - Richard Dion
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.
I. City Commission and Committee Meetings
1. Parks & Leisure Services Commission - October 2, 2025
2. Library & Literacy Commission - October 14, 2025
3. Animal Control Commission - October 16, 2025 - Cancelled
4. Youth Commission - October 8, 2025
5. Charter Review Committee - October 16, 2025 - Cancelled
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. Authorization to Purchase Veterans Park Playground
Re: Consideration to purchase a custom battleship-themed playground for Veterans Park through Measure I funds from Kompan in an amount not to exceed $395,771.64, including a ten percent (10%) contingency, and to distribute a Request for Qualifications for the ADA connectivity path portion of the project.
2. Authorization to Purchase a Utility Vehicle for Trail Maintenance Operations Re: Consideration to purchase a utility vehicle from Farmers Tractor & Equipment Co. in the amount of $18,081.39
3. Authorization for Repairs to City Hall HVAC Units #3 and #4 Re: Consideration to adopt a draft Resolution authorizing the appropriation of funds not to exceed $18,938 from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund and approval of repairs to City Hall HVAC Units #3 and #4 by Emcor Services, including a ten percent (10%) contingency to address any unforeseen conditions.
City Council Agenda October 21, 2025
4. Authorization to Issue Requests for Proposals for Consultant Services to Enhance Economic Development Operations and Streamline Planning and Development Review Processes
Re: Consideration to issue two Requests for Proposals for consultant services, one to enhance the City’s economic development operations and another to streamline planning and development review processes, to strengthen organizational efficiency and support the City Council’s strategic priorities for economic growth and customer service excellence.
5. Authorization to Approve Lease Amendment – American Tower, 500 Newcomb Street Re: Consideration of an amendment to the Land Lease Agreement with American Tower for the cell tower at 500 Newcomb Street, extending the lease to April 30, 2068, with no rent changes and a one-time $20,000 payment to the City.
6. Authorization of Two-Year Funding for the Litter Abatement Program Re: Consideration to continue the Litter Abatement Program for two additional years in partnership with Caltrans, TCAG, and CSET, including approval of a new Delegated Maintenance Agreement, program funding of up to $50,000 per year in Measure I funds, and program commencement contingent upon TCAG’s reauthorization of Measure R funding participation.
7. Authorization to Apply for the Community Cleanup and Employment Pathway (CCEP) Grant Program
Re: Consideration to apply for the Community Cleanup and Employment Pathway (CCEP) Grant Program through the California Department of Transportation, to support litter abatement along key transportation corridors within Porterville, expand workforce development in partnership with CSET, and enhance community beautification efforts.
8. Acceptance of Project – “Center” Friant-Kern Canal Turnout and Basin Project Re: Consideration of acceptance of the “Center” Friant-Kern Canal Turnout and Basin Project by Romanazzi General Engineering, as complete at the total project construction cost of $1,680,540.86.
9. Authorization to Schedule a Public Hearing for the Adoption of the 2025 California Building Standards Codes
Re: Consideration to schedule a Public Hearing for November 18, 2025, to receive input and give first reading to draft ordinances adopting the 2025 California Building, Plumbing, Mechanical, Electrical, Green Building Standards, Residential, Administrative, Reference Standards, and Energy Codes, which will also include a proposed local amendment addressing C-train (cargo container) exemptions for temporary, non-occupied storage.
10. Authorization to Schedule a Public Hearing for the Adoption of the 2025 California Fire Code
Re: Consideration to schedule a Public Hearing for November 4, 2025, to receive public input and give first reading to draft ordinances adopting the 2025 California Fire Code as part of the City’s overall update to align with the State’s 2025 Building Standards Codes, which will take effect January 1, 2026.
City Council Agenda October 21, 2025
11. Authorization for the Appropriation of Additional Funds for the Butterfield Stage Corridor Project
Re: Consideration to appropriate $500,000 from the Storm Drain Development Fund and $200,000 from the Water Replacement Fund to provide additional funding for the Butterfield Stage Corridor Project, addressing unforeseen costs related to rock excavation and additional utility improvements encountered during construction.
12. Authorization to Review Draft Bylaws for the California Charter Cities Association Re: Consideration to refer the draft bylaws for the California Charter Cities Association to the City Attorney for review and feedback prior to returning a finalized version to the City Council for consideration.
13. Consideration of Appointment to the Parks & Leisure Services Commission Re: Considering the re-appointment of an individual to serve a four-year term on the Parks & Leisure Services Commission.
14. Reappointment and Appointment to the Library and Literacy Commission Re: Consider the reappointment of Sonya Lopez and appointment of Obdulia Alvarado to the Library and Literacy Commission for terms expiring October 31, 2028.
15. 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
16. Public Hearing for Consideration of Adopting A Mitigated Negative Declaration and A Mitigation Monitoring And Reporting Program For, and Approving, The Hope Elementary School Water System Improvement Project
Re: Hold a public hearing to receive public testimony, and consider adopting a resolution approving the Initial Study/Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and approving the Hope Elementary School Water Consolidation Project, located east of South Indiana Street and West Teapot Dome Avenue and south of the City, which will connect the school to the City’s water system.
17. Authorization of an Amended and Restated Development Agreement and Introduction of an Ordinance Relating to the Cannabis Express Dispensary Re: Public Hearing to consider approval of an Amended and Restated Development Agreement and introduction of an ordinance between the City of Porterville and Cannabis Express, Inc. for the continued operation of a commercial cannabis dispensary located at 200 North Main Street, Porterville, California.
SCHEDULED MATTERS
18. Approval of the Porterville 100 Logo
City Council Agenda October 21, 2025
Re: Consideration to approve the Porterville 100 logo, designed by local veteran and Transit Media, Inc. CEO Jenna Salazar, as the official emblem for the City’s 100-year charter anniversary, incorporating the Farmer Statue and Americana theme for use on City materials and commemorative products.
19. Consideration of Adoption of Resolution Approving the City of Porterville's Position Pay Plans
Re: Consideration to adopt the draft Resolution approving the updated Position Pay Plans for the City of Porterville.
20. Amendment to the Capital Improvement Plan and Establishment of a New Capital Project for City Council Chambers Renovation
Re: Consideration to amend the Capital Improvement Plan to establish the “City Council Chambers Renovation” project and reallocate $50,000 from the Employee Gym project to fund renovations reflecting the “Bringing American History to Life” theme, including layout, technology, ADA, and aesthetic upgrades.
21. Review and Discussion of the City’s Representation on the Porterville Area Development Authority
Re: Review and discussion of the City’s representation on the Porterville Area Development Authority, with direction to staff as appropriate
22. Selection of Preferred Fixed-Route Service Design Concept and Implementation Direction for the Short Range Transit Plan
Re: Consider selection of a preferred fixed-route service design concept developed as part of the City’s Short Range Transit Plan and direction to staff to implement the selected service design effective January 2, 2026.
23. Discontinuation of Membership in the League of California Cities (CalCities) Re: Consideration to discontinue the City’s membership in the League of California Cities (CalCities) effective upon the expiration of the current membership period and authorize the City Manager to provide the required notice of withdrawal.
24. Discussion and Direction Regarding a Draft Ordinance Adding Section 1-23 to the Porterville Municipal Code Establishing the City’s Commitment to the Principles of Individual Liberty
Re: Discussion and direction regarding a draft ordinance adding Section 1-23 to the Porterville Municipal Code establishing the City’s commitment to the principles of individual liberty, including medical freedom, parental rights, and protection against discrimination, with direction to staff to incorporate any revisions and return with a finalized draft for formal consideration at a future meeting.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. League of California Cities Conference - October 8-10, 2025 City Council Agenda October 21, 2025
2. Porterville Municipal Airport Committee - October 8, 2025
3. Military Banner Committee - October 14, 2025 - Cancelled
4. Porterville Heritage Committee - October 15, 2025
5. Tulare County Task Force on Homelessness - October 15, 2025
6. Tribe MOU Meeting - October 16, 2025 - Cancelled
7. Porterville Area Development Authority (PADA) - October 17, 2025 - Cancelled
8. Tulare County Association of Governments (TCAG) - October 20, 2025
ORAL COMMUNICATIONS
OTHER MATTERS
CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.
ADJOURNMENT - to the meeting of November 4, 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.
Item No. 1.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Purchase Veterans Park Playground SOURCE: City Manager's Office
COMMENT: City Council expressed the desire to have a children’s playground constructed in Veterans Park. The new playground will be constructed in conjunction with the upcoming celebration of the City’s 100-year anniversary as a charter city and America’s 250-year anniversary. The playground will feature a custom military battleship design to complement the setting and theme of Veterans Park.
Some of the proposed features include a climbing wall (listed as an improvement in the Parks Master Plan for Veterans Park), banister bar, slide, balancing rope, net with membrane, talk tubes, and decorative cannon elements. The total cost will include excavation and surfacing, engineered stamped drawings, and installation based on prevailing wage. A separate Request for Qualifications will be issued for the ADA connectivity portion of the project, which is beyond the scope of playground equipment vendors.
Four vendors previously used by the City for park projects were contacted to provide quotes. Each vendor submitted a design based on its ability to produce a custom battleship-themed playground. All four vendors participate in a government purchasing cooperative that provides discounted pricing and streamlined procurement for public agencies. Kompan’s design most closely aligns with Council’s direction, and the City has successfully partnered with Kompan on past park projects.
This project is included in the Fiscal Year 2025/26 budget and funded through Measure I. Kompan’s proposal, totaling $395.771.64 including a ten percent (10%) contingency, is within the allocated budget. Due to the customized design, the estimated production lead time is approximately nine months. The most recently approved playground project at Murry Park cost $357,500, which provides a comparable benchmark.
RECOMMENDATION: That the City Council:
1. Authorize the purchase of a playground for Veterans Park, Item No. 1.
including installation, through Measure I funds from Kompan in an amount not to exceed $395,771.64, which includes a ten percent (10%) contingency for unforeseen conditions during installation; and
2. Authorize the distribution of a Request for Qualifications for the ADA connectivity path portion of the project.
ATTACHMENTS: 1. Battleship playground
2. Kompan playground
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Acting Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 2.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Purchase a Utility Vehicle for Trail Maintenance Operations SOURCE: Parks and Leisure Services
COMMENT: With the City’s trail network continuing to expand, including the Tule River Parkway Phase III, the Santa Fe Byway, and the upcoming Butterfield Corridor, maintenance demands have increased accordingly. To ensure these community investments remain in excellent condition, the City secured $450,000 in Measure R funds under the Transit/Bikes/Environmental Mitigation (Air Quality) Program. This funding supports both the addition of a Parks Maintenance Worker I position and the purchase of a small utility vehicle to enhance trail maintenance operations.
The utility vehicle will allow staff to efficiently travel along trail corridors, access narrow areas, and perform upkeep in locations not easily reachable by traditional maintenance equipment. Maintaining these valuable assets is essential to preserving the City’s significant investment in recreational infrastructure.
Three quotes were received from local vendors as follows:
Farmers Tractor & Equipment Co. $18,081.39
Linder Equipment Co. $20,318.25
Berchtold Equipment Co. $21,440.50
Based on the proposals received, staff recommends purchasing the vehicle from Farmers Tractor & Equipment Co. Staff has been pleased with the Kubota brand’s performance in prior applications, and this model meets all operational needs. The total purchase cost of $18,081.39 will be funded through Measure R Transit/Bikes/Environmental Mitigation (Air Quality) funds designated for trail maintenance. There is no impact to the General Fund.
RECOMMENDATION: That the City Council authorize the purchase of a utility vehicle from Farmers Tractor & Equipment Co. in the amount of
$18,081.39, to be funded through Measure R trail maintenance funds.
Item No. 2.
ATTACHMENTS: 1. ATV Quotes
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Acting Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 3.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization for Repairs to City Hall HVAC Units #3 and #4 SOURCE: Parks and Leisure Services
COMMENT: At its meeting on July 15, 2025, the City Council authorized staff to distribute a Request for Proposals (RFP) to provide professional Heating, Ventilation, and Air Conditioning (HVAC) maintenance services for City buildings. The RFP solicited qualified contractors to furnish all labor, equipment, tools, parts, materials, and supplies necessary to perform scheduled maintenance and inspections for existing systems. The selected contractor would also provide recommendations and cost estimates for repairs or replacements beyond the scope of regular maintenance.
Four proposals were received and evaluated by the City’s review committee based on understanding of the scope of work, technical approach, experience, qualifications, and cost. Emcor Services received the highest overall rating and submitted the lowest responsive proposal.
Following its selection, Emcor Services completed a detailed assessment of HVAC Units #3 and #4 located at City Hall. Both units, originally purchased from Johnson Controls in 2009, are no longer functioning properly and require repair to restore reliable heating and cooling performance throughout the facility. Emcor has submitted repair estimates based on its findings.
Funding for the repair of these two units is proposed from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund.
The total cost of repairs, including a ten percent (10%) contingency to address any unforeseen conditions that may arise during the repair process, will not exceed $18,938.
Prompt repair of these systems will help prevent further equipment degradation and minimize potential operational disruptions at City Hall. The proposed work will ensure continued comfort, operational reliability, and energy efficiency for City Hall staff and visitors.
RECOMMENDATION: That the City Council:
Item No. 3.
1. Adopt a Resolution authorizing the appropriation of funds not to exceed $18,938 from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund; and
2. Approve the repairs to City Hall HVAC Units #3 and #4 by Emcor Services, including a ten percent (10%) contingency.
ATTACHMENTS: 1. EMCOR Services Repair Estimates
2. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Acting Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
RESOLUTION NO. _______-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AUTHORIZING THE
APPROPRIATION OF FUNDS FROM THE FACILITY DEFERRED MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND FOR THE REPAIRS OF CITY HALL HVAC UNITS # 3 & 4 WHEREAS: The City of Porterville purchased HVAC units from Johnson Controls in 2009 for City Hall;
WHEREAS: The HVAC Unit #3 has completely stopped operating, and HVAC Unit #4 has not been operating efficiently or effectively over the past several weeks and is need of repair; WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of the City of Porterville make a finding that the repairs of City Hall HVAC Units #3 & 4 is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and
2. That the City Council of the City of Porterville does hereby approve and authorize the appropriation not to exceed $18,938 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the repairs of City Hall HVAC Units #3 &4.
PASSED, APPROVED AND ADOPTED this 7th day of October, 2025. _____________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 4.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Issue Requests for Proposals for Consultant Services to Enhance Economic Development Operations and Streamline Planning and Development Review Processes
SOURCE: City Manager's Office
COMMENT: The City continues to advance its strategic priorities focused on economic growth, operational excellence, and enhanced customer service. To further these efforts, staff recommends issuing two separate Requests for Proposals (RFPs): one to enhance the City’s economic development operations, and another to streamline planning and development review processes.
The first RFP, titled Consultant Services for Enhancing Economic Development Operations, seeks qualified firms to assist in modernizing and expanding the City’s economic development functions. The selected consultant will work closely with the City Manager’s Office and the Community Development Department to improve business recruitment and retention strategies, strengthen interdepartmental coordination, and train staff on industry best practices.
The second RFP, titled Consultant Services for Streamlining Planning Operations and Development Review Processes, focuses on improving efficiency within the City’s permitting and development services. The consultant will assess existing workflows, identify bottlenecks, and develop actionable recommendations to reduce turnaround times, enhance customer service, and improve coordination between departments.
Both RFPs are structured with a consistent evaluation process and timeline.
Questions will be accepted through November 12, 2025, and proposals are due November 19, 2025, by 2:00 p.m. Interviews, if needed, will occur the week of November 25, 2025, with contract award consideration anticipated on December 2, 2025, or soon thereafter.
These consultant services will provide specialized expertise to complement City staff resources, supporting the City Council’s vision of a more efficient organization and a thriving local economy. Funding for these services is included in the FY 2025-26 Community Development operating budget. Actual Item No. 4.
costs will be determined following proposal evaluations and prior to contract award.
These consultant efforts will strengthen the City’s operational capacity and advance the Council’s ongoing commitment to economic growth and service excellence.
RECOMMENDATION: That the City Council:
1. Authorize staff to advertise a Request for Proposals for consultant services to assist with enhancing economic
development operations; and
2. Authorize staff to advertise a Request for Proposals for consultant services to assist with streamlining planning operations and development review processes.
ATTACHMENTS: 1. Draft RFP - Consultant Services for Enhancing Economic Development Operations
2. Draft RFP - Consultant Services for Streamlining Planning Operations and Development Review Processes
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
CITY OF PORTERVILLE
REQUEST FOR PROPOSALS (RFP)
RFP # 25/26-SRXXXX
Consultant Services for Enhancing Economic Development Operations Submit Questions or Comments by
November 12, 2025, by 2:00 P.M.
RFP SUBMITTAL DEADLINE
November 19, 2025, by 2:00 P.M.
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CITY OF PORTERVILLE REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES FOR
ENHANCING ECONOMIC DEVELOPMENT OPERATIONS
The City of Porterville is seeking proposals from qualified consulting firms to assist in enhancing and modernizing the City’s economic development operations. The goal is to strengthen the City’s capacity to attract and retain businesses, increase investment, expand the local tax base, and promote sustainable job creation while training City staff on best practices in economic development.
The selected consultant will work closely with the City Manager’s Office, Community Development Department, and other City divisions to evaluate existing economic development functions, identify operational improvements, and develop strategies that advance a proactive, business-friendly approach to growth and development.
The consultant will also provide targeted staff training to build internal expertise, improve customer service, and establish consistent practices across departments involved in business attraction, retention, and expansion.
Through this effort, the City seeks to:
• Strengthen coordination among departments involved in development and business services;
• Enhance partnerships with local, regional, and state economic development organizations;
• Create a structured and accountable framework for business attraction and retention; • Establish measurable performance metrics for tracking progress and results; and • Empower staff with the tools and knowledge necessary to deliver exceptional service to the business community.
Background
The City of Porterville (“City”), California is an incorporated city of 62,934 located in southeastern Tulare County, at the foothills of the picturesque Sierra Nevada Mountain range, located on State Route 65, 165 miles north of Los Angeles and just 17 miles off State Route 99. The City is approximately 17.7 square miles and is situated in the eastern edge of the fertile San Joaquin Valley, an agricultural region of statewide and national importance.
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and 3 | Page
correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website. Proposals must be submitted through the Public Purchase website.
Scope of Services:
The Consultant will assist the City of Porterville in strengthening its economic development operations, building staff capacity, and supporting the City’s goal of attracting and retaining local, regional, and national businesses. The desired outcome is to modernize the City’s approach to business recruitment, retention, and expansion while enhancing staff knowledge and skills through targeted training and practical implementation strategies.
Services are expected to include, but are not limited to, the following tasks:
Task 1 – Project Initiation and Organizational Assessment • Conduct a kickoff meeting with City leadership to establish project goals, deliverables, and communication protocols.
• Review existing economic development policies, programs, and interdepartmental coordination processes.
• Evaluate the City’s current structure, staffing, and resources dedicated to economic development.
• Identify internal and external barriers that limit proactive business engagement and recommend strategies to address them.
Task 2 – Retail Recruitment and Business Attraction Strategy • Develop a retail recruitment strategy to attract local, regional, and national retailers aligned with Porterville’s demographics and economic vision. • Leverage the consultant’s professional network to generate qualified business leads and recruit target industries that expand the City’s tax base and create jobs. • Identify key market sectors and potential anchor businesses consistent with the City’s land use and downtown revitalization priorities.
• Provide quarterly reports summarizing outreach efforts, prospective tenants, and progress toward recruitment goals.
o Reports shall include key performance indicators that demonstrate measurable progress toward the City’s business recruitment and retention objectives.
Task 3 – Real Estate and Site Readiness Consultation
• Evaluate existing commercial properties and potential development sites for business and retail opportunities.
• Provide guidance on site readiness, zoning, market positioning, and infrastructure 4 | Page
improvements to make Porterville more attractive to investors and tenants. • Coordinate with property owners, developers, and brokers to prepare marketing materials and development prospectuses.
Task 4 – Business Outreach and Partnership Development
• Serve as a liaison between the City, property owners, developers, and prospective businesses.
• Support the City’s negotiations and business engagement efforts to ensure mutually beneficial and sustainable partnerships.
• Coordinate with local and regional partners including the Porterville Chamber of Commerce, TCAG, the Workforce Investment Board, and the Tulare County Economic Development Corporation to align recruitment efforts and resources.
Task 5 – Staff Training and Best Practices Development
• Design and deliver training for City staff on economic development best practices, customer service, and business retention/expansion strategies. • Topics may include business outreach, relationship management, site selection support, marketing, grant readiness, and performance tracking.
• Provide written training materials and mentoring recommendations to ensure lasting capacity building within City departments.
Task 6 – Market Analysis and Economic Profile
• Conduct market analysis highlighting Porterville’s demographics, retail trade areas, and economic strengths.
• Identify key opportunities and competitive advantages for targeted industries. • Develop presentation materials and marketing collateral that can be used by City staff to attract investment and promote the community to prospective businesses.
Task 7 – Implementation Plan and Reporting
• Prepare a clear, phased implementation plan identifying short-, mid-, and long-term actions, responsible parties, and estimated costs.
• Establish measurable performance indicators to track progress toward goals such as increased investment, job creation, and business retention. • Present findings and recommendations to the City Manager and City Council. 5 | Page
Preliminary Timeline
RFP Announced October 28, 2025
Deadline for RFP Questions November 12, 2025
Proposals Due November 19, 2025
Interviews (if needed) November 25, 2025
Council Approval December 2, 2025 or soon thereafter
Proposal Requirements
To be considered responsive, proposals must include all of the following information in the order listed below. Proposals should be clear, concise, and provide sufficient detail to demonstrate the firm’s qualifications, understanding of the project, and ability to perform the required services.
1. Cover Letter
• A signed cover letter on company letterhead introducing the firm and identifying the principal contact person and authorized negotiator.
• Include the name, title, email address, phone number, and mailing address of the primary contact.
• The letter should confirm the firm’s interest in and commitment to performing the services described in this RFP and acknowledge receipt of any addenda.
2. Firm Qualifications and Experience
• Provide a brief description of the firm, including size, history, areas of expertise, and location of the office that will perform the work.
• Identify experience providing similar consulting services for cities or public agencies, particularly related to economic development, retail recruitment, business retention, staff training, and organizational improvement.
• Highlight familiarity with California economic development practices, real estate market trends, and interagency coordination.
• Include up to three (3) examples of relevant projects, specifying the client, project description, completion date, and outcomes achieved.
3. Project Understanding and Approach
• Demonstrate an understanding of the City’s goals to strengthen its economic development operations, attract new business investment, and train staff on best 6 | Page
practices.
• Describe the firm’s proposed methodology and work plan for completing the tasks outlined in the Scope of Services.
• Explain the proposed strategies for business attraction, staff capacity-building, and stakeholder coordination.
• Discuss any innovative or technology-based solutions that could support the City’s goals (e.g., CRM tools, data dashboards, digital outreach methods).
4. Project Team and Key Personnel
• Provide an organization chart identifying key team members and their roles. • Include resumes summarizing each individual’s experience and qualifications relevant to the Scope of Services.
• Identify the proposed Project Manager and describe their experience managing similar economic development or public-sector consulting projects. • Identify any subconsultants and their specific roles in the project.
5. Project Schedule
• Provide a detailed project schedule showing key tasks, milestones, deliverables, and estimated completion dates.
• The schedule should reflect the City’s anticipated timeline and demonstrate the consultant’s capacity to meet deadlines while allowing adequate time for stakeholder engagement and staff training.
6. Cost Proposal (Separate File)
• Provide a detailed cost proposal as a separate PDF file clearly labeled “Cost Proposal.” • Include a breakdown of labor categories, hourly rates, and estimated hours by task. • Identify all anticipated expenses, including travel, materials, and overhead. • The total not-to-exceed cost must be clearly stated.
• Costs will be evaluated separately and should not be included in the main technical proposal.
7. References
• Provide at least three (3) references from recent clients (within the past five years) for whom similar economic development or organizational training services were performed. • Include the client’s name, agency, project title, contact person, title, phone number, and email address.
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8. Required Forms and Certifications
• Completed and signed forms as provided by the City, including:
o Non-Collusion Declaration (Exhibit B)
o Debarment and Suspension Certification (Exhibit C)
o Acknowledgment of Addenda (Exhibit D)
o Certification of Insurance (sample or statement of ability to meet City requirements)
o Business License (if awarded)
• Any additional documents required by the City’s standard procurement policies.
9. Insurance Requirements
The City will require the selected consultant to obtain and maintain, at consultant’s sole cost and expense, insurance coverage as outlined in the attached Sample Consultant Services Agreement (Exhibit A).
The selected consultant shall maintain said insurance policies in effect during the term of the contract and shall cause all parties to supply services, labor, or materials to maintain insurance in amounts and coverage not less than those specified in the attached Sample Consultant Services Agreement (Exhibit A).
The selected consultant shall file certifications of this insurance, including all applicable endorsements, with the City prior to commencement of its performance under this agreement.
The consultant must maintain adequate levels of insurance throughout the duration of the agreement.
10. Indemnity and Harmless Clause
The City will require the selected consultant to hold harmless, defend and indemnify the City, their officers, employees and agents from any liability, claims, actions, costs, damages or losses, for injury, including death to any person, or damage to any property arising out of the consultant's services, in accordance with the indemnity language included in the Sample Consultant Services Agreement (Exhibit A).
11. Ineligible Bidders
Each consultant must certify that it is not included on the U.S. Comptroller General's Consolidated List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions. Exhibit C must be properly completed and submitted with the proposal.
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12. Title VI of the Civil Rights Act of 1964
The contractor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part 21.
13. Equal Employment Opportunity
In connection with the performance of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Proposal Format
• Proposals shall not exceed 25 pages, excluding the cover letter, resumes, and required forms.
• All addenda and correspondence during the process will be handled electronically through the Public Purchase website.
• Questions regarding this request for proposals must be submitted through the Public Purchase website.
• Proposals must be submitted through the Public Purchase website. • Late or incomplete submissions will not be considered. Proposers are responsible for confirming electronic delivery prior to the deadline.
Evaluation Criteria
Proposals will be evaluated by a selection committee composed of City staff and, if necessary, external advisors with expertise in economic development, business recruitment, and organizational development. The committee will review and score each proposal in accordance with the criteria listed below.
The City reserves the right to request additional information, conduct interviews, and negotiate with one or more firms prior to recommending a contract award.
Criteria Points
Understanding of City Objectives 20
Project Approach and Methodology 25
Qualifications and Experience 20
Key Personnel and Resources 15
Cost Proposal 10
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Reference and Past Performance 10
Subtotal 100
Local Firm* 5
Total Possible Points (RFP) 105
Total Possible Points (Interview) 100
* Local Firms are required to meet both the following: 1) Have a local business office in Tulare County; and 2) at least 51% of the work to be conducted by employees in the local office.
Selection Process
1. Initial Review: The City will review all proposals for completeness and adherence to the submission requirements. Incomplete proposals may be deemed non-responsive.
2. Evaluation and Scoring: The selection committee will evaluate written proposals using the criteria above.
3. Interviews (if necessary): Top-ranked firms may be invited to participate in an interview to discuss their proposal and approach in greater detail.
4. Final Selection: Following evaluation and interviews, the committee will recommend the firm that best meets the City’s needs.
5. Award: The City will negotiate a professional services agreement with the highest-ranked firm. If negotiations are unsuccessful, the City reserves the right to begin negotiations with the next highest-ranked firm.
City Rights and Reservations
The City of Porterville reserves the right to reject any or all proposals, waive any informality or irregularity, and accept the proposal that is deemed most advantageous to the City. The City also reserves the right to request additional information or clarifications, conduct interviews, and negotiate final terms and pricing prior to award.
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EXHIBIT A
CITY OF PORTERVILLE
AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this ____ day of _____, 20__, between the City of Porterville, a municipal corporation, hereinafter referred to as "City" and __________, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Consultant shall perform all of these services to the satisfaction of the City. Consultant represents and warrants that it has the qualifications, experience, licenses and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law.
2. STATUS OF CONSULTANT. Consultant is, and shall at all times, remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement.
3. CONSULTANT KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall beliable, at law or in equity, as a result of any failure of Consultant to comply with thissection.
4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalfof Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set 11 | Page
forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. The total compensation, including reimbursement for actual expenses, shall not exceed $______ unless additional compensation is approved in writing by the City Council or City Manager. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the City disputes any of Consultant’s fees, it shall give written notice to Consultant in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said additionalservices.
7. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer any of portion this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of thisAgreement.
8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City, or its designees, at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow 12 | Page
inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement will commence on _____, ___ and shall terminate on ______, _____, unless otherwise extended by written agreement of the parties. This Agreement may be terminated with or without cause by either party upon ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination.
10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computerfiles.
12. RELEASE OF INFORMATION. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
If Consultant or any of its officers, employees, Consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, 13 | Page
request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
13. CONFLICTS OF INTEREST. Consultant covenants that neither Consultant nor any officer or principal of Consultant's firm has any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services herein. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Consultant's principles, officers, employees or agents shall file disclosure statements pursuant to the Political Reform Act, Government Code Section 87200.
City understands and acknowledges that Consultant is, as of the effective date of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section, unless otherwise required by law.
14. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to the Consultant. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.
15. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend , and hold harmless the CITY, its officers, employees, agents and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance of its obligations under this agreement or out of the operations conducted by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this agreement, CONSULTANT shall provide a defense to the City Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonably legal counsels’ fees, incurred in defense of such claims. 14 | Page
If pursuant to this agreement, CONSULTANT is providing design professional services, the above paragraph and any provisions, clauses, covenants, and agreements contained in, collateral to, or affecting this agreement, that purports to indemnify, including the duty and the cost to defend, the indemnitee by a design professional against liability for claims against the indemnitee, shall be unenforceable, except to the extent that the claims against the indemnitee arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties.
For purposes of this section, “design professional” includes all of the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following:
A. Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis. 15 | Page
B. A design professional who is a party to a written design-build joint venture agreement.
16. INSURANCE. The Consultant agrees to maintain in force at all times the following insurance with a current A.M. Best's rating of no less than A:VII:
A. Worker's Compensation insurance covering employees of the Consultant in such amounts as required by law.
B. Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000), naming the City as an additional insured.
C. Professional liability insurance in an amount of Two Million Dollars ($2,000,000).
D. Errors and Omissions liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence.
E. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.
F. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
G. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, 16 | Page
its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after (30) day's prior written notice by Certified Mail, Return Receipt Requested, has been given to the City.
H. Consultant shall furnish the City Clerk annually with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications in the form of a Certificate of Insurance.
17. NON-DISCRIMINATION CLAUSE. Consultant shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status, or any other classification protected by law in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendmentsthereto; ExecutiveOrder No. 11246; and all administrative rules and regulations issued pursuant to such acts and order.
18. FEDERAL IMMIGRATION AND NATIONALITY ACT. To the extent required by all applicable laws, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Consultant so employ unauthorized persons for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized persons, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
19. ENTIRE AGREEMENT. This Agreement is the complete, final, entire, and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and 17 | Page
binding.
20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, the parties agree that it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
21. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each other party, as follows:
A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and
B. That each party has lawfully authorized the execution of this Agreement.
22. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is entered into and is to be performed in Tulare County, California.
23. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void.
24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder.
25. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be in writing and shall be personally delivered, or sent by facsimile and certified mail, postage prepaid and return receipt requested, on the party to be notified, addressed as follows:
To City To Consultant
Attention: Attention: Consultant Contact
City of Porterville Consultant Name
291 N Main St. Consultant Mailing Address
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Porterville, CA 93257
The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service.
26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of thisAgreement.
27. MEDIATION. In the event of a dispute between the parties, and prior to the commencement of any litigation, the parties agree to engage in good faith efforts to mediate the dispute, and to mutually agree on a mediator for that purpose.
28. ATTORNEYS’ FEES. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys’ fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Porterville Consultant Name
__________________________ __________________________
Greg Meister, Mayor Name, Title
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EXHIBIT B
CITY OF PORTERVILLE
NON-COLLUSION DECLARATION
(Public Contract Code Section 7106)
PROJECT: Consultant Services for Enhancing Economic Development Operations RFP No.: 25/26-SRXXXX
DECLARATION
I, ____________________________, declare as follows:
That I am the ____________________________ (Title) of ____________________________ (Firm Name), the party making the foregoing proposal submitted in response to the City of Porterville Request for Proposals identified above; that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner sought by collusion to secure any advantage over any other proposer or over the City of Porterville; and that all statements contained in the proposal are true and correct.
I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this ______ day of ______________, 20, at __________________________, California.
Firm Name: ___________________________________________
Business Address: _____________________________________ Signature: ____________________________________________ Printed Name: _________________________________________ Title: _________________________________________________ Email: ________________________________________________ Phone: _______________________________________________
Note: This declaration must be signed and submitted with the proposal. Failure to include a signed NonCollusion Declaration will render the proposal non-responsive. 20 | Page
EXHIBIT C
CITY OF PORTERVILLE
DEBARMENT AND SUSPENSION CERTIFICATION
(TITLE 49, CFR PART 29)
The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not been indicated, convicted, or has a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exception to this certification, insert the exceptions in the following space. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this ______ day of ______________, 20, at __________________________, California.
Firm Name: ___________________________________________
Signature: ____________________________________________ Printed Name: _________________________________________ Title: _________________________________________________ 21 | Page
EXHIBIT D
CITY OF PORTERVILLE
ACKNOWLEDGMENT OF ADDENDA
PROJECT: Consultant Services for Enhancing Economic Development Operations RFP No.: 25/26-SRXXXX
INSTRUCTIONS TO PROPOSERS
This form must be completed and submitted with your proposal to acknowledge receipt of all addenda issued for this Request for Proposals (RFP). Failure to acknowledge all addenda may render the proposal non-responsive.
It is the proposer’s responsibility to verify that all addenda have been received prior to submission.
ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following addenda related to this RFP:
Addendum Number Date Received Initials
Addendum No. 1 __________________ ___________
Addendum No. 2 __________________ ___________
Addendum No. 3 __________________ ___________
Addendum No. 4 __________________ ___________
Addendum No. 5 __________________ ___________
If no addenda were issued, check the box below:
☐ No addenda were issued for this RFP.
PROPOSER INFORMATION
Firm Name: ___________________________________________
Address: ______________________________________________ City, State, ZIP: _______________________________________ Phone: _______________________________________________
Email: ________________________________________________ Authorized Representative (Print Name): _________________________________ Title: _________________________________________________ Signature: _____________________________________________ Date: _________________________________________________ Note: This completed form must be submitted with the proposal.
CITY OF PORTERVILLE
REQUEST FOR PROPOSALS (RFP)
RFP # 25/26-SRXXXX
Consultant Services for Streamlining Planning
Operations and Development Review Processes
Submit Questions or Comments by
November 12, 2025, by 2:00 P.M.
RFP SUBMITTAL DEADLINE
November 19, 2025, by 2:00 P.M.
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CITY OF PORTERVILLE REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES FOR
STREAMLINING PLANNING OPERATIONS AND DEVELOPMENT REVIEW PROCESSES The City of Porterville is seeking proposals from qualified consulting firms to assist in evaluating, modernizing, and streamlining the City’s planning and development review processes. The goal is to improve customer service, reduce processing times, and enhance coordination across departments to better support economic development and the City’s business-friendly improvement strategy.
The selected consultant will work closely with the Community Development Department and other City divisions involved in the development review process to identify operational bottlenecks, improve internal and external communication, and develop actionable recommendations that strengthen efficiency, transparency, and accountability.
The consultant will conduct a comprehensive assessment of current procedures, technology systems, staffing alignment, and workflow processes and will provide the City with a clear, phased implementation plan designed to achieve measurable results and long-term sustainability.
Background
The City of Porterville (“City”), California is an incorporated city of 62,934 located in southeastern Tulare County, at the foothills of the picturesque Sierra Nevada Mountain range, located on State Route 65, 165 miles north of Los Angeles and just 17 miles off State Route 99. The City is approximately 17.7 square miles and is situated in the eastern edge of the fertile San Joaquin Valley, an agricultural region of statewide and national importance.
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website. Proposals must be submitted through the Public Purchase website.
Scope of Services:
The Consultant will assist the City of Porterville in evaluating, modernizing, and streamlining its planning and development review processes to enhance customer service, reduce processing times, and support the City’s business-friendly improvement strategy. Services are expected to include, but are not limited to, the following tasks:
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Task 1 – Project Initiation and Background Review
• Conduct a kickoff meeting with City staff to establish goals, deliverables, and communication protocols.
• Review existing planning processes, forms, procedures, checklists, and applicable ordinances.
• Evaluate the organization, staffing, and interdepartmental coordination within Community Development and related departments (Engineering, Fire, Public Works, etc.). • Review relevant state and local mandates that impact permitting and development review timelines.
Task 2 – Process Mapping and Workflow Analysis
• Document current workflows for planning entitlement, plan review, and permitting functions.
• Identify areas of duplication, unnecessary handoffs, and inefficiencies. • Map customer touchpoints, approval timelines, and communication channels. • Evaluate the integration of digital tools (e.g., permit tracking systems, GIS, electronic plan review).
Task 3 – Benchmarking and Best Practices
• Compare Porterville’s planning operations and timelines with peer cities of similar size and complexity.
• Identify best practices in development review, customer service, and process efficiency. • Evaluate technology platforms and digital permitting tools that could improve transparency and accountability.
Task 4 – Recommendations and Implementation Strategy
• Develop actionable recommendations to streamline planning operations, including:
o Workflow and organizational improvements;
o Policy and procedural updates;
o Staffing and resource alignment;
o Technology and data management enhancements;
o Performance metrics and reporting mechanisms.
• Provide a phased implementation plan identifying short-, mid-, and long-term actions. • Identify potential costs, staffing implications, and return on investment for each recommendation.
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Task 5 – Stakeholder and Community Engagement
• Conduct interviews or focus groups with internal and external stakeholders (staff, applicants, developers, community representatives).
• Summarize feedback on service delivery, communication, and opportunities for improvement.
• Present draft findings and recommendations to the City Council, as directed.
Task 6 – Final Report and Presentation
• Prepare a comprehensive final report summarizing findings, analyses, and recommendations.
• Deliver a clear, actionable implementation roadmap with measurable outcomes and performance indicators.
• Present final recommendations to the City Manager and City Council.
Preliminary Timeline
RFP Announced October 28, 2025
Deadline for RFP Questions November 12, 2025
Proposals Due November 19, 2025
Interviews (if needed) November 25, 2025
Council Approval December 2, 2025 or soon thereafter
Proposal Requirements
To be considered responsive, proposals must include all of the following information in the order listed below. Proposals should be clear, concise, and provide sufficient detail to demonstrate the firm’s qualifications, understanding of the project, and ability to perform the required services.
1. Cover Letter
• A signed cover letter on company letterhead introducing the firm and identifying the principal contact person and authorized negotiator.
• Include the name, title, email address, phone number, and mailing address of the primary contact.
• The letter should confirm the firm’s interest in and commitment to performing the services described in this RFP.
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2. Firm Qualifications and Experience
• Provide a brief description of the firm, including size, history, areas of expertise, and location of the office that will perform the work.
• Identify experience providing similar consulting services for cities or public agencies, particularly related to process improvement, organizational analysis, and planning/development streamlining.
• Highlight knowledge of California planning laws, CEQA, and local government operations. • Include up to three (3) examples of relevant projects, with client names, project descriptions, completion dates, and references.
3. Project Understanding and Approach
• Demonstrate an understanding of the City’s goals to streamline planning operations and enhance a business-friendly environment.
• Describe the firm’s proposed approach, methodology, and work plan for completing the tasks outlined in the Scope of Services.
• Identify key process improvement tools or techniques (e.g., Lean Six Sigma, workflow mapping, performance metrics, customer service models). • Discuss any innovative or technology-based solutions to improve permit tracking, communication, or efficiency.
4. Project Team and Key Personnel
• Provide an organization chart identifying key team members and their roles. • Include resumes summarizing each individual’s experience and qualifications. • Identify the proposed Project Manager and describe their availability, authority, and responsibility for day-to-day management of the project. • Identify any subconsultants and their specific roles.
5. Project Schedule
• Provide a detailed project schedule showing key tasks, milestones, deliverables, and estimated completion dates.
• The schedule should reflect the City’s anticipated timeline and demonstrate the consultant’s capacity to meet deadlines.
6. Cost Proposal (Separate File)
• Provide a detailed cost proposal as a separate PDF clearly labeled “Cost Proposal.” • Include a breakdown of labor categories, hourly rates, and estimated hours by task. • Identify all anticipated expenses, including travel, printing, and overhead. 6 | Page
• The total not-to-exceed cost must be clearly stated.
• Costs will be evaluated separately and should not be included in the main technical proposal.
7. References
• Provide at least three (3) references from recent clients (within the past five years) for whom similar services were performed.
• Include the client’s name, agency, project title, contact person, title, phone number, and email address.
8. Required Forms and Certifications
• Completed and signed forms as provided by the City, including:
o Non-Collusion Declaration (Exhibit B)
o Debarment and Suspension Certification (Exhibit C)
o Acknowledgment of Addenda (Exhibit D)
o Certification of Insurance (sample or statement of ability to meet City requirements)
o Business License (if awarded)
• Any additional documents required by the City’s standard procurement policies.
9. Insurance Requirements
The City will require the selected consultant to obtain and maintain, at consultant’s sole cost and expense, insurance coverage as outlined in the attached Sample Consultant Services Agreement (Exhibit A).
The selected consultant shall maintain said insurance policies in effect during the term of the contract and shall cause all parties to supply services, labor, or materials to maintain insurance in amounts and coverage not less than those specified in the attached Sample Consultant Services Agreement (Exhibit A).
The selected consultant shall file certifications of this insurance, including all applicable endorsements, with the City prior to commencement of its performance under this agreement.
The consultant must maintain adequate levels of insurance throughout the duration of the agreement.
10. Indemnity and Harmless Clause
The City will require the selected consultant to hold harmless, defend and indemnify the City, their officers, employees and agents from any liability, claims, actions, costs, damages or losses, for injury, including death to any person, or damage to any property arising out of the 7 | Page
consultant's services, in accordance with the indemnity language included in the Sample Consultant Services Agreement (Exhibit A).
11. Ineligible Bidders
Each consultant must certify that it is not included on the U.S. Comptroller General's Consolidated List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions. Exhibit C must be properly completed and submitted with the proposal.
12. Title VI of the Civil Rights Act of 1964
The contractor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part 21.
13. Equal Employment Opportunity
In connection with the performance of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Proposal Format
• Proposals shall not exceed 25 pages, excluding the cover letter, resumes, and required forms.
• All addenda and correspondence during the process will be handled electronically through the Public Purchase website.
• Questions regarding this request for proposals must be submitted through the Public Purchase website.
• Proposals must be submitted through the Public Purchase website. • Late or incomplete submissions will not be considered. Proposers are responsible for confirming electronic delivery prior to the deadline.
Evaluation Criteria
Proposals will be evaluated by a selection committee composed of City staff and, if necessary, external advisors with expertise in planning, development services, and process improvement.
The committee will review and score each proposal in accordance with the evaluation criteria listed below.
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The City of Porterville reserves the right to reject any or all proposals, to waive any informalities or irregularities in the proposals received, and to accept the proposal that, in the judgment of the City, is in the best interest of the City.
Criteria Points
Understanding of City Objectives 20
Project Approach and Methodology 25
Qualifications and Experience 20
Key Personnel and Resources 15
Cost Proposal 10
Reference and Past Performance 10
Subtotal 100
Local Firm* 5
Total Possible Points (RFP) 105
Total Possible Points (Interview) 100
* Local Firms are required to meet both the following: 1) Have a local business office in Tulare County; and 2) at least 51% of the work to be conducted by employees in the local office.
Selection Process
1. Initial Review: The City will review all proposals for completeness and adherence to the submission requirements. Incomplete proposals may be deemed non-responsive.
2. Evaluation and Scoring: The selection committee will evaluate written proposals using the criteria above.
3. Interviews (if necessary): Top-ranked firms may be invited to participate in an interview to discuss their proposal and approach in greater detail.
4. Final Selection: Following evaluation and interviews, the committee will recommend the firm that best meets the City’s needs.
5. Award: The City will negotiate a professional services agreement with the highest-ranked firm. If negotiations are unsuccessful, the City reserves the right to begin negotiations with the next highest-ranked firm.
City Rights and Reservations
The City of Porterville reserves the right to reject any or all proposals, waive any informality or irregularity, and accept the proposal that is deemed most advantageous to the City. The City also reserves the right to request additional information or clarifications, conduct interviews, and negotiate final terms and pricing prior to award.
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EXHIBIT A
CITY OF PORTERVILLE
AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this ____ day of _____, 20__, between the City of Porterville, a municipal corporation, hereinafter referred to as "City" and __________, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Consultant shall perform all of these services to the satisfaction of the City. Consultant represents and warrants that it has the qualifications, experience, licenses and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law.
2. STATUS OF CONSULTANT. Consultant is, and shall at all times, remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement.
3. CONSULTANT KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall beliable, at law or in equity, as a result of any failure of Consultant to comply with thissection.
4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalfof Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set 10 | Page
forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. The total compensation, including reimbursement for actual expenses, shall not exceed $______ unless additional compensation is approved in writing by the City Council or City Manager. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the City disputes any of Consultant’s fees, it shall give written notice to Consultant in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said additionalservices.
7. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer any of portion this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of thisAgreement.
8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City, or its designees, at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow 11 | Page
inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement will commence on _____, ___ and shall terminate on ______, _____, unless otherwise extended by written agreement of the parties. This Agreement may be terminated with or without cause by either party upon ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination.
10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computerfiles.
12. RELEASE OF INFORMATION. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
If Consultant or any of its officers, employees, Consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, 12 | Page
request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
13. CONFLICTS OF INTEREST. Consultant covenants that neither Consultant nor any officer or principal of Consultant's firm has any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services herein. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Consultant's principles, officers, employees or agents shall file disclosure statements pursuant to the Political Reform Act, Government Code Section 87200.
City understands and acknowledges that Consultant is, as of the effective date of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section, unless otherwise required by law.
14. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to the Consultant. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.
15. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend , and hold harmless the CITY, its officers, employees, agents and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance of its obligations under this agreement or out of the operations conducted by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this agreement, CONSULTANT shall provide a defense to the City Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonably legal counsels’ fees, incurred in defense of such claims. 13 | Page
If pursuant to this agreement, CONSULTANT is providing design professional services, the above paragraph and any provisions, clauses, covenants, and agreements contained in, collateral to, or affecting this agreement, that purports to indemnify, including the duty and the cost to defend, the indemnitee by a design professional against liability for claims against the indemnitee, shall be unenforceable, except to the extent that the claims against the indemnitee arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties.
For purposes of this section, “design professional” includes all of the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following:
A. Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis. 14 | Page
B. A design professional who is a party to a written design-build joint venture agreement.
16. INSURANCE. The Consultant agrees to maintain in force at all times the following insurance with a current A.M. Best's rating of no less than A:VII:
A. Worker's Compensation insurance covering employees of the Consultant in such amounts as required by law.
B. Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000), naming the City as an additional insured.
C. Professional liability insurance in an amount of Two Million Dollars ($2,000,000).
D. Errors and Omissions liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence.
E. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.
F. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
G. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, 15 | Page
its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after (30) day's prior written notice by Certified Mail, Return Receipt Requested, has been given to the City.
H. Consultant shall furnish the City Clerk annually with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications in the form of a Certificate of Insurance.
17. NON-DISCRIMINATION CLAUSE. Consultant shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status, or any other classification protected by law in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendmentsthereto; ExecutiveOrder No. 11246; and all administrative rules and regulations issued pursuant to such acts and order.
18. FEDERAL IMMIGRATION AND NATIONALITY ACT. To the extent required by all applicable laws, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Consultant so employ unauthorized persons for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized persons, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
19. ENTIRE AGREEMENT. This Agreement is the complete, final, entire, and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and 16 | Page
binding.
20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, the parties agree that it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
21. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each other party, as follows:
A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and
B. That each party has lawfully authorized the execution of this Agreement.
22. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is entered into and is to be performed in Tulare County, California.
23. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void.
24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder.
25. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be in writing and shall be personally delivered, or sent by facsimile and certified mail, postage prepaid and return receipt requested, on the party to be notified, addressed as follows:
To City To Consultant
Attention: Attention: Consultant Contact
City of Porterville Consultant Name
291 N Main St. Consultant Mailing Address
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Porterville, CA 93257
The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service.
26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of thisAgreement.
27. MEDIATION. In the event of a dispute between the parties, and prior to the commencement of any litigation, the parties agree to engage in good faith efforts to mediate the dispute, and to mutually agree on a mediator for that purpose.
28. ATTORNEYS’ FEES. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys’ fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Porterville Consultant Name
__________________________ __________________________
Greg Meister, Mayor Name, Title
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EXHIBIT B
CITY OF PORTERVILLE
NON-COLLUSION DECLARATION
(Public Contract Code Section 7106)
PROJECT: Consultant Services for Streamlining Planning Operations and Development Review Processes
RFP No.: 25/26-SRXXXX
DECLARATION
I, ____________________________, declare as follows:
That I am the ____________________________ (Title) of ____________________________ (Firm Name), the party making the foregoing proposal submitted in response to the City of Porterville Request for Proposals identified above; that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner sought by collusion to secure any advantage over any other proposer or over the City of Porterville; and that all statements contained in the proposal are true and correct.
I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this ______ day of ______________, 20, at __________________________, California.
Firm Name: ___________________________________________
Business Address: _____________________________________ Signature: ____________________________________________ Printed Name: _________________________________________ Title: _________________________________________________ Email: ________________________________________________ Phone: _______________________________________________
Note: This declaration must be signed and submitted with the proposal. Failure to include a signed NonCollusion Declaration will render the proposal non-responsive. 19 | Page
EXHIBIT C
CITY OF PORTERVILLE
DEBARMENT AND SUSPENSION CERTIFICATION
(TITLE 49, CFR PART 29)
The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not been indicated, convicted, or has a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exception to this certification, insert the exceptions in the following space. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this ______ day of ______________, 20, at __________________________, California.
Firm Name: ___________________________________________
Signature: ____________________________________________ Printed Name: _________________________________________ Title: _________________________________________________ 20 | Page
EXHIBIT D
CITY OF PORTERVILLE
ACKNOWLEDGMENT OF ADDENDA
PROJECT: Consultant Services for Streamlining Planning Operations and Development Review Processes RFP No.: 25/26-SRXXXX
INSTRUCTIONS TO PROPOSERS
This form must be completed and submitted with your proposal to acknowledge receipt of all addenda issued for this Request for Proposals (RFP). Failure to acknowledge all addenda may render the proposal non-responsive.
It is the proposer’s responsibility to verify that all addenda have been received prior to submission.
ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following addenda related to this RFP:
Addendum Number Date Received Initials
Addendum No. 1 __________________ ___________
Addendum No. 2 __________________ ___________
Addendum No. 3 __________________ ___________
Addendum No. 4 __________________ ___________
Addendum No. 5 __________________ ___________
If no addenda were issued, check the box below:
☐ No addenda were issued for this RFP.
PROPOSER INFORMATION
Firm Name: __________________________________________
Address: ____________________________________________
City, State, ZIP: _______________________________________ Phone: _______________________________________________
Email: ________________________________________________ Authorized Representative (Print Name): _________________________________ Title: _________________________________________________ Signature: _____________________________________________ Date: _________________________________________________ Note: This completed form must be submitted with the proposal.
Item No. 5.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Approve Lease Amendment – American Tower, 500 Newcomb Street
SOURCE: City Manager's Office
COMMENT: In 2008, the City of Porterville entered into a Land Lease Agreement with Fresno MSA Limited Partnership, doing business as Verizon Wireless, for a portion of City-owned property located at 500 Newcomb Street, identified as Assessor’s Parcel Numbers 251-010-001 and 251-020-001. The lease authorized the construction and operation of a communications facility on a 2,700 square foot parcel together with ingress, egress, and utility easements.
The original lease established an initial five-year term with annual rent of $21,600, payable in advance, and included four automatic five-year extensions with scheduled rent increases ranging from $23,760 to $31,624.56 annually.
Beyond these scheduled extensions, the agreement contemplated unlimited five-year renewals at a rate equal to 115 percent of the rent in the immediately preceding term. The agreement further authorized the lessee to install and maintain communications facilities subject to required approvals, provided rights of ingress and utilities, and included provisions for indemnification, insurance, right of first refusal, removal of improvements at the end of the term, and other customary conditions.
American Towers LLC, as successor in interest to Verizon Wireless, has requested an amendment to the lease. The proposed amendment does not change the rent structure or escalation provisions, but extends the lease by adding seven additional five-year renewal terms, establishing a final expiration date of April 30, 2068. In addition, American Towers LLC has agreed to provide the City with a one-time payment of $20,000 upon execution of the amendment. No other substantive provisions of the lease are being modified.
Approval of the amendment will preserve the City’s established rental revenue stream for the extended lease period while adding a one-time payment of $20,000. Revenues derived from this agreement will continue to be deposited into the City’s General Fund unless otherwise directed by the City Council.
Item No. 5.
RECOMMENDATION: That the City Council:
1. Approve the First Amendment to the Land Lease Agreement with American Towers LLC., for the property located at 500 Newcomb Street in Porterville;
2. Authorize the Mayor to execute the amendment on behalf of the City, subject to final review and approval by the City Attorney; and
3. Authorize the Finance Department to accept and record the one-time payment together with continuing rental revenues in the appropriate accounts.
ATTACHMENTS: 1. 2008 Land Lease Agreement
2. American Tower Proposal
3. Draft First Amendment Land Lease Agreement
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
WESIPORIERVILLE
SITENUMBER: 115319
ATfY/DATE
LAND LEASE AGREEMENT
This Agreement, made this J-71±: day of ®Al:'::ftl , 20l!!, between City of Porterville, a municipal corporation, with its principal offices located at 291 North Main Street, Porterville, California 93257, Social Security #/Tax ID# ________ ~ hereinafter designated LESSOR and Fresno MSA Limited Partnership d/b/a Verizon Wireless, with its principal office located at One Veiizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party" .. 1 PREMISES.. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety ofLESSOR's property is referred to hereinafter as the Property), located at 500 Newcomb Street, Porterville, Tulare County, California, and being described as a 30' by 90' parcel containing 2,700 square feet (the "Land Space"), together with the non exclusive light (the "Rights of Way") for ingress and egress, seven (7) days a week twenty four (24) hours a day, on foot or motor vehicle, including trucks over or along a fifteen (15) foot wide right of way extending from the nearest public right of way, Newcomb Street, to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more dghts of way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of Tulare County as Assessor's Parcel Numbers 251-010-001 and 251-020-001 In the event any public utility is unable to use the Rights of Way, the LESSOR hereby agrees to grant an additional right of way either to the LESSEE or to the public utility at no cost to the LESSEE.
2 SURVEY LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said sUivey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A" .. Cost for such work shall be borne by the LESSEE
3. TERM. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Twenty-One Thousand Six Hundred Dollars ($21,600 .. 00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. Upon agr·eement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises In the event the date LESSEE commences installation of tl:)e equipment on the Premises falls between the I st and 15th of the month, the Agreement shall commence on the !st of that month and if the date installation commences falls between the 16th and 31st of the month, then the Agr·eement shall commence on the !st day of the following month (whichever is applicable, the "Commencement Date"). ··~ 875239 3 I
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LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date.. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date By way of illustration of the preceding sentence, if the Commencement Date i.s January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13.
4.. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term.
5.. EXTENSION RENTALS.. The annual rental for the first (1st) five (5) year extension term shall be increased to Twenty-Three Thousand Seven Hundred and Sixty Dollars ($23,760 .. 00); the annual rental for the second (2nd) five (5) year extension term shall be increased to Twenty-Six Thousand One Hundred and Thirty-Six Dollars ($26,136 .. 00); the annual rental for the third (3rd) five (5) year extension term shall be increased to Twenty-Eight Thousand Seven Hundred and Forty-Nine and 60/100 Dollars ($28,749 .. 60); and the annual rental for the fourth (4th) five (5) year extension term shall be increased to Thirty-One Thousand Six Hundred Twenty-Four and 56/100 Dollars ($31,624.56}.
6. ADDITIONAL EXTENSIONS.. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for subsequent, unlimited terms of five (5) years thereafter, until terminated by either Patty by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five ( 5) yeai term shall be equal to one hundred fifteen percent (115%) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Term" ..
7 USE; GOVERNMENTAL APPROVALS LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto.. A security fence consisting of chain link construction or similai but compaiable construction may be placed aiound the perimeter of the Premises at the discretion of LESSEE (not including the access easement).. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add 01 otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits 01 frequencies ar·e specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals ( collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. 875239 3 2
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LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, OI is otherwise withdrawn or terminated by governmental authmity; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil bming tests are unsatisfactmy; (v) LESSEE determines that the Premises is no longer technically compatible for its use, 01 (vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, OI upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR.
8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability OI loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents
9 INSURANCE.
(a) The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now 01 hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under 01 through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises 01 the Property shall waive the insurer's right of subrogation against the other Party.
(b) LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage OI destruction to property in any one occurrence.. LESSOR and LESSEE each agree that it will include the other Party as an additional insured ..
10 LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 8 and 28, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights OI services, incidental, punitive, indirect, special or consequential damages, loss of data, 01 875239 3 3
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SITE NUMBER: II53!9
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intenuption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise 11 ANNUAL IERMINA IION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR 12 INTERFERENCE LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties.. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing.. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue ..
LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE.
The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance
13.. REMOVAL AI END OF TERM .. LESSEE shall, upon expiration of the Term, 01 within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted.. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws ( as defined in Paragraph 32 below).. If such time for removal causes LESSEE to remain on the Premises after termination of this Agr·eement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property ar·e completed ..
14.. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the Parties are negotiating a new lease or lease extension in good faith.. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall be increased to one hundred and ten percent (110%) of the rent applicable during the month immediately preceding such expiration 01 earlier termination 875239 J 4
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15.. RIGHT OF FIRST REFUSAL If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof; wipi or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer .. If LESSEE fails to meet such bona fide offer within thirty (30) days after Wiitten notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer .. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal
16.. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement
17 QUIET ENJOYMENT .. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 18 TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property lind has full authority to enter into and execute this Agreement LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above ..
19. INTEGRATION It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, contrQversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and 875239 3 5
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SITE NUMBER: ll5319
ATTY/DATE
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enforceability of the remaining provisions of this Agreement The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity
20. GOVERNING LAW. This Agreement and the pyrformance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located ..
21 ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto.. LESSOR hereby acknowledges that LESSEE contemplates entering into a sublease agreement with I-Mobile ..
22 NOTICES .. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows ( or any other address that the Party to be notified may have designated to the sender by like notice):
LESSOR:
LESSEE:
City of Porterville
291 North Main Street
Porterville, California 93257
Fresno MSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing
23 SUCCESSORS.. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 8'75239 3 6
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24.. SUBORDINATION AND NON-DISTURBANCE LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property .. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest ( a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property or right-of~way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non Disturbance Agreement"), and shall recogrrize LESSEE' s right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor in interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property, Lender or such successor in interest or Purchaser will (i) honor all of the terms of the Agr·eement, (ii) fulfill LESSOR's obligations under the Agreement, and (iii) promptly cure all of the then existing LESSOR defaults under the Agreement Such Non Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers .. In return for such Non Disturbance Agr·eement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (i) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (ii) agrees to attom to Lender if Lender becomes the owner of the Property, (iii) agrees to give Lender copies of whatever notices of default LESSEE must give LESSOR, (iv) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such CI.Jre is completed within the deadline applicable to LESSOR, (v) agrees to not pay rent more than one month, or one year in the event the rent is paid annually, in advance and (vi) agrees that no material modification or material amendment of the Agreement will be binding on Lender unless it has been consented to in writing by Lender. LESSOR and LESSEE agree that, for the purposes of this Paragraph 24, nonmaterial amendments or modifications shall include, but shall not be limited to, the following: (i) any extension of the term of the Agreement, (ii) any addition to, alteration, modification, or replacement of LESSEE's equipment, (iii) any relocation of LESSEE's equipment, (iv) any increase in the rent, and (v) any decrease in the rent, provided however, that such an amendment shall become material should the decrease in rent result in rent lower than the amount then prescribed by the unamended Agreement. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure 01 correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 25 RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer.. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the I erm or rent payments ..
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26.. DEFAULT
(a) In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE Wiitten notice of such breach. After receipt of such Wiitten notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pmsues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cme the breach within the time periods provided in this Paragraph .. (b) In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR Wiitten notice of such breach. After receipt of such Wiitten notice, LESSOR shall have thirty (30) days in which to cme any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the natme of the cme is such that it reasonably requires more than thirty (30) days and LESSOR commences the cme within the thirty (30) day period and thereafter continuously and diligently pmsues the cme to completion.. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cme the breach within the time periods provided in this Paragraph Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pmsued to completion.
27 REMEDIES.. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf; including but not limited to the obtaining of reasonably required insurance policies Ihe costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor.. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right 01 remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agr·eement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws orjudicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incm1ed by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annU!Il, or (ii) the highest rate permitted by applicable Laws.. Notwithstanding the foregoing, if LESSOR does not pay 875239 3 8
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LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE.
28. ENVIRONMENTAL
(a) LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effoct, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. (b) LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such noncompliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 29 CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired ..
30.. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to 875239 3 9
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SITE NUMBER: 115319
ATTY/DATE
disrupt LESSEE's operations at the Premises fox more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in wxiting within fifteen (15) days after LESSOR shall have given LESSEE wxitten notice of such taking ( or in the absence of such notice, within fifteen (15) days after the condemning authoxity shall have taken possession) texminate this Agreement as of the date the condemning authority takes such possession .. LESSEE may on its.own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest).. Any such notice of tennination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Pax ties shall make an appropriate adjustment as of such termination date with respect to payments due to the other undex this Agreement If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same propoxtion as the rentable axea of the Premises taken beaxs to the total rentable axea of the Premises.. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority ..
31 SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Paxties .. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement Each of the Paxties hereto waxrants to the other that the person or persons executing this Agreement on behalf of such Paxty has the full right, power and authoxity to enter into and execute this Agreement on such Paxty's behalf and that no consent from any other person or entity is necessaxy as a condition precedent to the legal effect of this Agr·eement.
32. APPLICABLE LAWS .. Dming the Term, LESSOR shall maintain the Property in compliance with all applicable Jaws, rules, regulations, oxdinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwxiter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and Jaws regulating hazaxdous substances) ( collectively "Laws").. LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises ( other than general office use); and (b) all building codes requixing modifications to the Premises due to the improvements being made by LESSEE in the Premises
33. SURVIVAL The provisions of the Agreement relating to indemnification from one Paxty to the other Paxty shall smvive any termination or expiration of this Agreement Additionally, any provisions of this Agreement which require pexfoxmance subsequent to the texrnination or expiration of this Agreement shall also survive such texmination or expiration .. 34 CAPTIONS.. The captions contained in this Agreement axe insexted for convenience only and axe not intended to be paxt of the Agreement They shall not affect or be utilized in the construction or intexpretation of the Agreement 8'152393 10
WES! PORIERVJLLE
SIIB NUMBER: 1!5319
ATTY/DATE
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written.
LESSOR:
City of Porterville, a municipal corporation
Title: MA-\fOie....
Date: r-15::oE/
8'752393 11
LESSEE:
Fresno MSA Limited Partnership
d/b/a Verizon Wireless
B ts Gener al Partner
WES! PORTERVILLE
SITE NUMBER: 115319
ATTY/DATE
875239 3
Exhibit "A"
(Sketch of Premises within Property Attached)
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WES! PORTERVILLE
SITE NUMBER: 115319
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@f .__ ___________________________________________ ...J c-2 **PLEASE NOTE: All proposals are good for a limited time and for discussion purposes only. The parties will not be bound in any respect and with regard to any proposal until and unless a written agreement is signed by all applicable parties. Further, all proposals are contingent upon: 1) American Tower’s confirmation, review and approval, in its sole discretion, of a title report and if necessary, a land survey of the property; and 2) final approval and authorization by American Tower’s Executive Team. Nothing contained herein shall be construed as, or deemed to create, an agency, joint venture, or partnership relationship between American Tower and Tower Alliance.
August 5, 2025
City of Porterville CA
Attention: Trish Whiteley
291 N Main Street
Porterville, CA 93257
Subject: American Tower Site #: 410981 / Site Name: West Porterville CA (“Tower Site”) Dear Trish,
I’m following up on American Tower’s request to extend the cell site lease (“Lease”) on the City’s property located at 500 Newcomb Street, Porterville, CA 93257. Tower Alliance has been engaged by American Towers LLC (together with its affiliates and subsidiaries, “American Tower”) to discuss with you the need to extend the lease for the Tower Site. Please see the details below.
Lease Extension:
• Keeping the rent and escalation the same
• Adding seven (five year) renewal terms, final expiration date to become April 30, 2068 • $20,000 One Time Payment
• No additional changes to the lease
This offer is designed to ensure long-term viability of the tower site. I look forward to speaking with you in the coming days after you’ve had an opportunity to review this proposal. If you have any questions, please feel free to reach out to me at my contact information listed below.
Sincerely,
Jody Wall
Lease Consultant
Tower Alliance LLC
An authorized vendor of American Towers LLC and its subsidiaries and affiliates [email protected]
561-419-6863
1 FIRST AMENDMENT TO LAND LEASE AGREEMENT
This First Amendment to Land Lease Agreement (“Amendment”) is made and entered into this ___ day of __________, 2025, by and between the City of Porterville, a municipal corporation (“Lessor”), and American Towers LLC, a Delaware limited liability company, as successor in interest to Fresno MSA Limited Partnership d/b/a Verizon Wireless (“Lessee”).
Recitals
WHEREAS, Lessor and Lessee entered into that certain Land Lease Agreement dated March 27, 2008 (“Lease”), for certain real property located at 500 Newcomb Street, Porterville, California, identified as Assessor’s Parcel Numbers 251-010-001 and 251-020-001 (the “Premises”); and WHEREAS, the Lease established an initial five-year term, provided for four automatic fiveyear extension terms, and allowed for further renewals as specified in the Lease; and WHEREAS, American Towers LLC, as successor to Verizon Wireless, has requested an amendment to extend the Lease and provide additional financial consideration to Lessor; and WHEREAS, Lessor and Lessee desire to amend the Lease as set forth herein, while leaving all other terms and conditions of the Lease in full force and effect.
Agreement
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows:
1. Extension of Term. The Lease is hereby amended to add seven (7) additional five-year renewal terms, extending the final expiration date of the Lease to April 30, 2068, unless sooner terminated in accordance with the terms of the Lease.
2. Rent. The parties agree that the rent and escalation provisions contained in the Lease shall remain unchanged and continue to apply during the extended term.
3. One-Time Payment. In consideration for this Amendment, Lessee shall pay Lessor a onetime payment of Twenty Thousand Dollars ($20,000) within thirty (30) days following the full execution of this Amendment.
4. No Other Changes. Except as expressly set forth in this Amendment, all terms, covenants, and conditions of the Lease shall remain unchanged and in full force and effect.
5. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which shall together constitute one and the same instrument.
6. Authority. Each party represents and warrants that the individual executing this Amendment on its behalf has full authority to bind such party. 2 Execution
IN WITNESS WHEREOF, the parties have caused this First Amendment to Land Lease Agreement to be executed by their duly authorized representatives as of the date first above written.
CITY OF PORTERVILLE AMERICAN TOWERS LLC
By: By:
Greg Meister, Mayor [Authorized Representative]
ATTEST:
By:
Richard Tree, City Clerk
APPROVED AS TO FORM:
By:
Julia M. Lew, City Attorney
Item No. 6.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization of Two-Year Funding for the Litter Abatement Program SOURCE: Community Development
COMMENT: The City of Porterville, in partnership with Caltrans District 6 and the Tulare County Association of Governments (TCAG), launched a three-year Litter Abatement Pilot Program (LAP) in 2021 to address persistent litter issues along State Routes 65 and 190 within city limits. The City Council previously approved an appropriation of up to $50,000 annually to support the program.
This collaborative effort leveraged multiple funding sources and provided workforce development opportunities for individuals experiencing homelessness.
To implement the program, staff partnered with Community Services and Employment Training, Inc. (CSET), a local non-profit organization with extensive experience managing similar litter abatement and workforce programs across Tulare County. CSET successfully operated the program through June 30, 2025, providing consistent cleanup services and transitional employment opportunities.
Since its inception, the LAP has produced strong results, including cleaner transportation corridors, enhanced aesthetics, and measurable social benefits.
Crews consisting of one supervisor and four workers conducted twice-monthly cleanups along SR-65 and SR-190, including off-ramps and adjacent rights-ofway. Over the three-year pilot term, the program collected 19,777 bags of trash and created 57 transitional jobs.
In light of its success, staff recommends continuing the program for an additional two years to align with Caltrans’ renewed commitment, with a reevaluation at the end of the term. The proposed continuation would:
• Retain CSET as the program operator.
• Establish a new Delegated Maintenance Agreement with Caltrans. • Allocate up to $50,000 per year in Measure I funds for two years. • Maintain ongoing coordination with Caltrans and TCAG for oversight and funding participation.
Item No. 6.
Funding for the City’s portion of the program will be provided through Measure I, with no additional General Fund impact. This two-year continuation and associated funding are contingent upon approval by the TCAG Board of Directors. Staff will return to City Council with a finalized proposal following TCAG’s action. Regional and state funding participation is expected to continue, subject to TCAG and Caltrans confirmation.
The Litter Abatement Program continues to demonstrate value through regional collaboration, environmental benefits, and social impact. Extending the program for two additional years provides flexibility and maintains momentum in addressing corridor litter while supporting at-risk populations through employment and job training.
Staff appreciates the strong partnership with Caltrans, TCAG, and CSET and looks forward to continuing this successful regional effort. The continuation of this program reflects the City’s commitment to maintaining clean transportation corridors while advancing workforce development opportunities for residents.
RECOMMENDATION: That the City Council:
1. Approve a new Delegated Maintenance Agreement with the State of California Department of Transportation (Caltrans);
2. Approve an agreement with Community Services and
Employment Training, Inc. (CSET) for continued implementation of the Litter Abatement Program;
3. Authorize the Mayor and City Manager to execute all
necessary documents;
4. Appropriate up to $50,000 of Measure I funds per year for two years to support the program; and
5. Approve the start of the program contingent upon the Tulare County Association of Governments (TCAG) Board of Directors reauthorizing Measure R funding and participation.
ATTACHMENTS: 1. Proposed Program Budget
2. CSET Litter Abatement End of Program Report
3. Delegated Maintenance Agreement - 06MTC0543200
4. Measure R Program Supplement to Cooperative
Agreement - R20250033
5. 20220701 Litter Abatement Supplemental DMA
Appropriated/Funded:
Review By:
Item No. 6.
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Service Provider CSET
Funding Source: City of Porterville
# CSET Costs Budget
1 CSET FTE Personnel (Supervisor .6 FTE plus Fringe Benefits) 46,870.08 $ 2 CSET Participant Wages and Training Costs (4 Participants, 8 hours a day, 3 times a week plus Fica & Workers Compensation) $ 103,785.58 3 Equipment Purchase and Lease Costs - $
4 Other Operating Costs (Fuel, PPE, Supplies, Vehicle
Maintenance, etc) $ -
5 Facilities Infrastructure Costs (Rent,Facilitiy/Equipment Repair, Maintenance, Utilites, Security) $ -
6 Professional Services (Cell Phone, Internet Access, Outreach, Professional Fees, Membership Dues, Custodial) $ -
7 Office Supplies Costs (Office Supplies, Postage, Printing, Copying) $ -
8 Other Indirect Costs (Indirect Rate 15%) 7,123.24 $
9 Other Costs (Payroll Processing, Insurance) 2,221.10 $ 10 Graffiti Removal - $
11 Traffic Control - provided by CalTrans - $
Total Budget $160,000.00
City of Porterville Clean CA
1 END OF PROGRAM
REPORT
City of Porterville Clean California
Maintenance & Beautification Crew
2 Contents
Executive Summary………………………………………………………………………...3
Appendices…………………………………………………………………………………..6
3 Executive Summary
Corps Overview
Community Services & Employment Training, Inc. (CSET) is a nonprofit organization founded in 1976 to combat poverty. CSET is the Community Action Agency for Tulare County and is part of a national partnership of agencies that assist individuals and communities in achieving self-reliance. Established in 1986, the Sequoia Community Corps (SCC) is a state-certified and federally recognized 21st Century Service Corps, serving the local community as a conservation corps. SCC operates under the CSET umbrella and aligns perfectly with CSET's mission and vision, with a special focus on young adults, veterans, individuals, students, artists, people experiencing homelessness, and those re-entering society after incarceration. This alignment ensures that SCC is moving in the right direction and serving its purpose effectively.
SCC's mission is to enhance opportunities for individuals who face barriers to employment, providing them with training to develop skill sets. These project-based learning opportunities, such as enriching hands-on training, coupled with structured, accredited education, leadership development, and environmental awareness, aim to create a structured, inclusive environment where individuals can grow and develop marketable skills. This empowers them to become self-sufficient and creates generational awareness of the countless educational and employment opportunities available to them, their children, and other family members, inspiring hope and stronger, more resilient communities.
SCC collaborates with various community partners in the public and private sectors and has participated in numerous community-based work projects and hands-on crew work.
These projects have been instrumental in addressing the community's beautification, clean-up, and maintenance needs and have significantly contributed to meeting California's Greenhouse Gas (GHG) reduction goals. Our efforts have assisted in reducing litter within city streets and along state highways, intersecting local roads, and transit centers, demonstrating our commitment to environmental sustainability and our ability to make a tangible impact in our community.
City of Porterville Clean California Maintenance and Beautification Initiative Mission and Vision
Litter has been a persistent issue on California’s city streets and highways for decades.
The City of Porterville and other partners have made significant investments in litter collection, maintenance, and beautification efforts throughout the City of Porterville highways and byways, aiming to transform unsightly roadways into proud spaces for local communities and the state as a whole. This local effort has been successful, thanks to the support of our local CalTrans District 6 yard and the vision and partnership of the City of Porterville Clean California (COP CC).
Since the program was launched in February 2023 and continued until its conclusion in June 2025, our COP CC Maintenance and Beautification crew, which ran 2 to 3 times a week, has made a meaningful impact. We not only provide training opportunities for 4 local individuals facing barriers to employment but also improve the condition of our community's streets, highways and byways—specifically along Highways 190 and 65, which intersect with Porterville.
Program Impact
Material Count
Participant Impact
The COP CC initiative has been transformative, enabling us to maintain our local highways and byways by removing litter. This effort beautified our communities and fostered local accountability and pride.
The COP CC crew accomplished important work while providing opportunities for fiftyseven (57) individuals from the Porterville area residents gained valuable hands-on training. This experience had a genuinely impactful effect on our trainees. They received instruction in CalTrans Chapter 8, which covers essential safety 5 protocols, as well as first aid and OSHA 10 certification. Additionally, they developed their soft skills, which is truly a recipe for success.
We look forward to ongoing collaboration and partnership to enhance our community and environment.
6 Appendices
Photo Gallery
7 8
9/01/22
California Affiliated Risk Management Authorities
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 69833894
Certificate Holder: State of California
Department of Transportation
1120 N Street
Sacramento, CA 95814
Covered Party: CSJVRMA-City of Porterville
Description of
Covered Activity:
As respects the Delegated Maintenance Agreement between the State of California, Department of Transportation and the City of Porterville regarding specific maintenance services; the State of California, Department of Transportation, its directors, officers, employees, volunteers, representatives, and agents are additional covered parties with regard to any negligent acts or omissions of the City of Porterville, its directors, officers, employees, volunteers, representatives, and agents, as pertains to approved activities listed in the Delegated Maintenance Agreement.
Memorandum of
Coverage Number: CARMA 2022-GL Effective Date: 8/19/2022 Expiration Date: 7/1/2023 Limits: $5,000,000 (per occurrence)
Excess of: $1,000,000
The Following
Coverage is in
effect:
General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 8/22/2022
Renewal: Yes Underlying Certificate Issued: Yes
Authorized Representative Signature:
69833894 | CARMA | 22/23 GL $5MM LIMITS | Danielle Davis | 8/22/2022 12:24:31 PM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.
Central San Joaquin Valley Risk Management Authority
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 69850637
Certificate Holder: State of California
Department of Transportation
1352 W Olive Avenue, MS 12
Fresno, CA 93728
Covered Party: City of Porterville
Description of
Covered Activity:
As respects the Delegated Maintenance Agreement between City of Porterville and State of California, Department of Transportation regarding specific maintenance services; the State of California, Department of Transportation, its officers, agents, and employees are additional covered parties with regard to any negligent acts or omissions of the City of Porterville, its officers, officials, employees, and volunteers as it relates to the agreement.
Memorandum of
Coverage Number: CSJVRMA 2022-GL Effective Date: 08/22/2022 Expiration Date: 7/1/2023 Limits: $1,000,000 (per occurrence)
The Following
Coverage is in
effect:
General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Memorandum of Coverage of the CSJVRMA, which is available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 8/23/2022
Renewal: Yes Excess Certificate Issued: Yes
Authorized Representative Signature:
69850637 | CSJVRMA | 22/23 GL $1MM LIMITS | Shelley Nguyen | 8/23/2022 10:50:49 AM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.
Item No. 7.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Apply for the Community Cleanup and Employment Pathway (CCEP) Grant Program
SOURCE: Community Development
COMMENT: The Community Cleanup and Employment Pathway (CCEP) Grant Program is a competitive statewide initiative administered by the California Department of Transportation (Caltrans) under the Clean California Program. It funds litter abatement and public space beautification projects on locally owned public rights-of-way while creating transitional job opportunities for individuals facing barriers to employment. Eligible applicants include local agencies and federally recognized tribal governments.
Projects must focus on cleanup, graffiti removal, community engagement, and workforce development, particularly in disadvantaged or underserved communities. In addition to improving the appearance and safety of public spaces, the program creates paid, transitional employment opportunities for individuals facing barriers to work, including justice-impacted individuals, atrisk youth, and people experiencing homelessness. These efforts are carried out in partnership with workforce development organizations or local employment departments.
Key Program Objectives:
• Reduce litter in public spaces
• Provide workforce development opportunities for vulnerable populations • Advance equity and community self-sufficiency
• Promote sustainable public engagement and education
Staff proposes submitting an application for the Porterville Litter Abatement Project, which will enhance cleanup efforts along key transportation corridors within city limits. Primary focus areas include downtown Porterville and major arterials such as Olive Avenue and Henderson Avenue. Additional cleanup may extend to trails, parks, and public rights-of-way identified as high-need areas during the project.
The application will be submitted in partnership with Community Services and Employment Training, Inc. (CSET), who will assist with program delivery and Item No. 7.
workforce development components. This project complements the City’s ongoing Litter Abatement Program by expanding cleanup coverage and enhancing job training opportunities.
Applications are due to Caltrans on November 1, 2025, with award announcements expected by January 15, 2026. Projects must be completed, and all funds expended, by April 1, 2027. There is no fiscal impact at this time; matching funds are not required for the application.
By applying for Clean California grant funds, the City is leveraging cleanup efforts to drive economic development through workforce training and job creation, while improving public health and creating more inviting, walkable public spaces that align with long-term community goals.
RECOMMENDATION: That the City Council:
1. Approve the submittal of the Clean California Community Cleanup and Employment Pathway (CCEP) Grant Program
funding application to the California Department of
Transportation; and
2. Authorize the Mayor, City Manager, or designee to execute all documents pertaining to the CCEP and to make any
augmentation, modification, addition, or revision as may be necessary to conform to requirements imposed by the California Department of Transportation.
ATTACHMENTS: 1. Clean CA Grant Program - Guidelines
2. CCEP Proposed Budget
3. CCEP Program - Draft Application
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Community Cleanup and
Employment Pathway Grants
PROGRAM GUIDELINES
Clean CA Program
Summer 2025
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 1 | Page
Contents
Introduction...............................................................................................................................................2 District Partnerships..................................................................................................................................3 Proposals....................................................................................................................................................4 Objectives..............................................................................................................................................4 Evaluation Criteria...............................................................................................................................4 Application Submissions.....................................................................................................................6 Outreach and Partnership ....................................................................................................................6 Selection and Notification ....................................................................................................................7 Schedule ....................................................................................................................................................8 Funding Mechanism ...............................................................................................................................8 Matching Funds / In-Kind Contributions............................................................................................9 Funding Disbursement..........................................................................................................................10 Performance Metrics ............................................................................................................................10 Clean CA Roles/Responsibilities ........................................................................................................11 District Roles.............................................................................................................................................12 Grant Recipient Responsibilities.........................................................................................................14 Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 2 | Page
Introduction
The Community Cleanup and Employment Pathway (CCEP) Grant Program is a signature initiative under the Clean California Program, administered by the California Department of Transportation (Caltrans). This grant program is designed to support litter abatement and public space beautification efforts on locally owned public right-ofway while creating workforce development opportunities for individuals facing barriers to employment.
Through competitive grants, the program provides funding to local agencies (including federally recognized tribal governments) to conduct targeted litter cleanup and graffiti removal activities, complemented by educational and engagement efforts that foster community pride and long-term maintenance. The program places strong emphasis on serving disadvantaged and underserved communities (as identified in Section 4.1 of grant application template) and encourages local commitment through participation in the Clean California Community designation pledge1.
A core component of this program is the creation of employment pathways through partnerships with workforce development organizations or use of existing employment development departments. These partnerships will connect justiceimpacted individuals, those experiencing homelessness, at-risk youth, and others with meaningful job training and paid transitional employment opportunities focused on litter abatement, landscaping, and environmental stewardship.
Program Objectives
• Litter and Graffiti Abatement: Support sustained litter cleanup and graffiti removal on local right-of-way.
• Workforce Development: Create transitional employment and training opportunities for vulnerable populations either through partnerships with workforce development organizations or use of existing employment development departments.
• Equity and Inclusion: Prioritize disadvantaged communities and support pathways to community self-sufficiency.
• Sustainable Community Engagement: Promote public education and antilittering campaigns. Take the online Clean California Community designation pledge to ensure sustainability and long-term impact.
By integrating cleanup, workforce development, and community engagement, the CCEP Grant Program seeks to create cleaner, safer, and more equitable public spaces throughout California.
1 https://cleanca.com/designation/
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 3 | Page
Eligible Entities
For the purposes of the CCEP Grant Program, eligible entities will be defined as:
• Local Governments – Cities, counties, and special districts responsible for community services and maintenance.
• Transit Agencies – Public transportation agencies with jurisdiction over facilities or right-of-way that intersect with cleanup needs.
• Tribal Governments – Federally recognized tribes.
• Joint Applications – Partnerships among the above entities, including collaborations with community-based organizations, workforce development boards, educational institutions, or local nonprofits, are encouraged and eligible.
Eligible Expenses
Eligible expenses may include, but are not limited to:
• Staff Time: Local agency staff time directly related to proposal delivery is eligible.
This includes staff time for developing and administering contracts, program management, and coordination with community-based organizations. • Travel Costs: Reasonable and necessary travel costs that are directly related to proposal implementation (e.g., site visits, stakeholder engagement, workforce coordination) are eligible.
• Materials and Supplies: Tools, equipment, safety gear, and cleanup supplies needed for community cleanup activities.
• Workforce Development Costs: Training, certification, stipends, or wages directly tied to workforce development opportunities for program participants. • Public Outreach and Education: Costs related to promoting cleanup events, workforce opportunities, and community engagement.
Caltrans District Partnerships
The Caltrans districts possess in-depth knowledge of the local context and unique challenges, making them invaluable enablers to support grant applicants in proposal identification, development, and implementation processes. They are encouraged to foster strong partnerships with local agencies to ensure seamless coordination and efficient proposal delivery. By leveraging their expertise and collaborating closely with stakeholders, districts can support local agencies in effectively address challenges related to waste management, graffiti, and aesthetic appeal in urban areas, ultimately beautifying public spaces within their districts.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 4 | Page
Proposals
Objectives
The grant proposal is the foundation for securing funding under the CCEP Grant Program. The proposal must demonstrate how the applicant will use grant funding to meet the program’s core objectives through locally led, community-driven efforts.
Proposals should clearly articulate the public benefit of the proposed activities, particularly in disadvantaged or underserved communities.
Applicants are expected to:
• Identify litter abatement and graffiti removal needs in specific areas of local right-of-way.
• Detail a plan for workforce development, including partnerships with workforce organizations and strategies for engaging vulnerable populations. • Commit to community engagement strategies and educational outreach that promote long-term cleanliness and civic pride.
• Demonstrate alignment with the Clean California Community designation pledge. The pledge is not required to apply for or receive funding. • Provide a sustainable approach to maintaining the public space improvements achieved through the grant.
Each proposal must be comprehensive, feasible, and results-driven, ensuring that awarded funding leads to measurable environmental, social, and economic impacts in the applicant's community.
Evaluation Criteria
Applications will be submitted by local agencies to their respective Caltrans district coordinators, then evaluated and scored competitively by the Clean CA Program based on the criteria listed below. Applications that score highest across these categories will be prioritized for funding.
1. Community Need and Impact (15 points)
• Demonstrates a clear need for litter abatement and graffiti removal, including information such as description of the history of the area, prior efforts to address the issues and how this grant will make a difference.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 5 | Page
• Identifies underserved or disadvantaged areas where the proposal will be implemented.
• Outlines benefits to public health, safety, environmental quality, and community aesthetics.
2. Workforce Development Strategy (15 points)
• Includes a detailed plan for engaging and employing vulnerable populations. • Establishes partnerships with workforce development organizations (e.g., BCOE Back 2 Work, Center for Employment Opportunities (CEO), Chrysalis or similar) or leverage existing employment departments.
• Provides evidence of transitional employment (as measured by participants who are able to find long-term employment), training, and pathways to long-term job placement.
3. Community Engagement and Education (15 points)
• Describes plans for community input, public education, and volunteer participation.
• Commits to youth education, anti-littering outreach, or (encouraged but not mandatory) participation in the Clean California Community designation program.
4. Long-Term Sustainability and Maintenance (15 points) • Outlines a long-term plan to fund the maintenance of cleaned and beautified spaces.
• Includes partnerships, volunteer programs, or recurring community events in alignment with the Clean CA community designation pledge. • Describes infrastructure or policy measures to prevent future littering.
5. Clean California Community Designation Pledge (10 points) • Applicant has taken or plans to take the Clean California Community pledge. • Demonstrates commitment to meeting at least 10 of the 15 designation criteria.
6. Proposal Feasibility and Readiness (10 points)
• Provides a detailed implementation schedule.
• Demonstrates capacity to manage the proposal, including procurement, reporting, and oversight.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 6 | Page
7. Matching Funds and Leveraged Resources (10 points)
• Describes how matching funds (cash or in-kind) will support and expand proposal activities.
• Ensures that match contributions are additive and not part of existing baseline cleanup operations.
8. Disadvantaged or Under-served Community (10 points)
Applicants will be required to include supporting documentation (e.g., CalEnviroScreen map outputs, local demographic data, or letters from community organizations) to demonstrate that the proposed project serves a disadvantaged or under-served community. The following criteria will be recognized as indicators of disadvantaged or under-served communities (see grant proposal template for details):
• Median Household Income
• CalEnviroScreen 4.0
• Free or Reduced-Price School Meals
• Healthy Places Index
• Native American Tribal Lands
Application Submissions
• The Clean CA grant program proposal template must be used for submitting the proposal. Ensure that all sections of the template are completed comprehensively and provide sufficient detail to support the evaluation and decision-making process. • Local agencies, in collaboration with districts, complete the template and submit comprehensive proposals.
• Each proposal submitted for consideration must include a letter of support from the Caltrans district that is submitting the proposal. The letter of support should demonstrate the district's endorsement to the proposal. It will serve as evidence of the district's collaboration and partnership with local agencies, ensuring seamless coordination and efficient proposal delivery. The inclusion of the letter will help validate the proposal's feasibility and foster confidence in the successful implementation of the proposal.
Outreach and Partnership
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 7 | Page
District-Level Engagement
• Caltrans district staff will serve as on-the-ground liaisons to promote the program locally, identify high-need areas, and encourage eligible applicants to submit proposals.
• District coordinators will collaborate with grant applicants to build partnerships aligned with the program’s objectives.
Encouraging Clean California Community Pledges
• As part of the outreach effort, Caltrans will actively promote the Clean California Community designation pledge, encouraging applicants to take the pledge during the grant application process.
• The Clean CA Program to provide technical assistance as needed to help communities understand the benefits of designation and complete the pledge requirements.
Through strategic outreach and strong partnerships, Caltrans will ensure that the grant program reaches a diverse range of communities and delivers equitable opportunities to participate in the Clean California mission.
Selection and Notification
1. Proposal Review and Evaluation:
o Clean CA Program reviews all proposals against qualitative evaluation criteria outlined in the guidelines.
o Proposals are assessed for alignment with waste management, graffiti mitigation, aesthetics and equity objectives.
2. Proposal Selection:
o Clean CA Program selects proposals based on evaluation results and criteria alignment. High-priority proposals that benefit underserved communities are prioritized.
3. Proposal Award Notification:
o Clean CA Program notifies Caltrans districts of the selected proposals by email.
Districts inform the corresponding local agencies about their grant award.
Debriefs will be provided upon request to applicants who were not awarded a grant.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 8 | Page
Schedule
Milestone Date
Program Launch & Public Outreach Begins July 1, 2025
Grant Guidelines Finalized & Published August 15, 2025
Call for Proposals Opens September 15, 2025
Proposal Submission Deadline November 1, 2025
Application Review and Scoring November–December
2025
Award Notifications Issued January 15, 2026
Grant Agreements Executed February–March 2026
Proposal Implementation Period Begins April 1, 2026
Quarterly Progress Check-In (Reporting
Due)
April 2026-April 2027
Proposal Implementation Period Ends April 1, 2027
Final Reports and Closeout Due November 3, 2027
Funding Mechanism
The funding mechanism for the CCEP proposals involves a restricted grant agreement (RGA) between the Caltrans district and the grant recipient (local agency, including federally recognized tribe) which is a legal mechanism that outlines the terms and conditions of the financial commitments for the awarded grant funding . It serves as a formal contract that establishes the roles and responsibilities of each party in the CCEP proposal.
The agreement includes the following elements:
• Proposal Scope: The RGA defines the scope of the proposal, detailing the specific improvements and enhancements to be undertaken within the local right-of-way.
• Funding Commitment: It outlines the financial contributions, specifying the amount that Caltrans will provide for the proposal and any in-kind contribution from the grant applicant.
• Timeline and Milestones: The agreement sets forth a clear timeline for proposal development, implementation, , and completion, including key milestones to be achieved during each phase.
• Roles and Responsibilities: It outlines the roles and responsibilities of the Caltrans district and the local agency in the proposal's execution, ensuring seamless coordination and cooperation.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 9 | Page
• Compliance and Reporting: The RGA may include requirements for compliance with relevant regulations, reporting on proposal progress, and any necessary documentation and record-keeping.
• Dispute Resolution: In the event of any disputes or disagreements, the RGA may outline a mechanism for resolving issues between the Caltrans district and the local agency.
Matching Funds / In-Kind Contributions
The CCEP Grant Program is designed to reduce financial barriers for local agencies, nonprofits, and community-based organizations. As such, no cash match requirement is imposed on applicants. However, applicants are encouraged to identify and document in-kind contributions and other non-state resources that will help maximize the impact of state funds.
Eligible In-Kind Contributions may include:
• Staff time dedicated to project planning, implementation, or coordination. • Volunteer labor associated with cleanup events, outreach, or community engagement.
• Donated materials or equipment used directly in cleanup or beautification activities.
• Facilities and meeting space contributed for trainings, workforce activities, or project planning.
• Complementary programs or services provided by partner agencies or organizations that directly support grant objectives.
Program Expectations:
• In-kind contributions are not required to apply for or receive funding. • Applicants who provide in-kind support should quantify contributions where possible (e.g., estimated dollar value of staff time, equipment, or materials). • In-kind contributions will be considered during proposal evaluation as evidence of community commitment, partnership strength, and project sustainability. • Documentation of in-kind contributions should be included in the proposal budget narrative at the time of application and reported during proposal implementation.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 10 | Page
Funding Disbursement
Grant awards will be issued as reimbursable agreements, not lump sum payments. • Reimbursable Basis: Grantees will be required to incur and document eligible expenses up front. Caltrans will then reimburse those expenses upon submission of proper invoices and supporting documentation.
• Invoicing: Invoices must include receipts, staff time records, or other documentation demonstrating that expenses are consistent with approved Caltrans Division of Local Assistance guidelines/template (Form LAP 5-A). • Payment Timeline: Reimbursements will generally be processed within 45 days of receipt of a complete and accurate invoice package.
• Advance Payments: No advance or upfront lump sum disbursements will be provided under this program.
Performance Metrics
To ensure accountability and evaluate success, all grantees are required to track and report on key performance metrics aligned with the program’s goals. These metrics will be tracked by grantees on templates provided by Caltrans to help measure the environmental, economic, and social impact of funded activities.
Environmental Impact Metrics
• Volume of litter and debris removed (in cubic yards or pounds with supporting documentation, e.g. weight/dump tickets and before/after photos) • Square footage of graffiti abated (before/after photos) • Number of litter cleanup events conducted (event attendance sheets and/or event flyers)
• Number of hard-to-recycle or bulky item collection events held (event attendance sheets and/or event flyers)
Workforce Development Metrics
• Number of individuals employed through workforce programs (with supporting documentation of individuals/crews employed, e.g. payroll logs) Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 11 | Page
• Hours of paid work experience and job training provided (with supporting documentation of individuals paid and training provided, e.g. payroll logs) • Demographics of workforce participants (e.g., justice-involved, unhoused, at-risk youth)
• Number and percentage of participants securing long-term employment postprogram Community Engagement Metrics
• Number of community volunteers engaged (attendance sheets) • Number of public outreach events or education campaigns implemented (event flyers / attendance sheets)
• Clean California Community pledge status and progress toward meeting designation criteria
• Number of community partnerships established (e.g., schools, businesses, nonprofits)
Sustainability and Maintenance Metrics
• Number of anti-litter infrastructure elements installed (e.g., bins, signage with supporting documentation, e.g. before/after photos)
• Planned frequency of cleanup and maintenance activities post-grant implementation
• Plan for ongoing community stewardship and long-term litter prevention practices post-grant implementation
Grantees will submit quarterly progress reports and a final close-out report at the end of the implementation period. These reports will summarize accomplishments, challenges, lessons learned, and include supporting documentation such as photographs, volunteer logs, and workforce data.
Clean CA Roles/Responsibilities
• Program Management: Responsible for overall program management and coordination of CCEP proposals statewide. Ensure that proposals align with the CalSTA objectives on climate action and meet the program's guidelines and priorities.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 12 | Page
• Proposal Selection: Select proposals based on factors such as recognizing underserved communities, high litter areas known challenges for waste management, graffiti, and lack of aesthetic appeal in urbanized districts and local agencies which align with CCEP Program objectives.
• Proposal Oversight: Provide oversight and guidance throughout the proposal lifecycle. Review proposals, assess their feasibility and alignment with program objectives, and ensure that the proposals adhere to the guidelines and timelines. • Technical Assistance: Provide technical assistance to grant applicants and recipients during the proposal planning and implementation phases. Provide expertise and support in areas such as graffiti abatement, employment pathways, litter abatement, beautification, , and climate action. • Budget Management: Responsible for overseeing the allocation and management of funds for CCEP proposals. Ensure that budgetary requirements are met and that funds are appropriately allocated to prioritize high-visibility proposals with an urgency to be delivered within their respective districts. • Monitoring and Evaluation: Monitor proposal progress, track milestones, and evaluate the effectiveness of implemented enhancements. Assess the impact of CCEP proposals on improving waste management practices, reducing graffiti, and enhancing the aesthetic appeal of local areas .
• Quarterly Reporting and Documentation: Maintain accurate records of proposal activities, including proposals, RGAs, progress reports, and proposal outcomes.
Prepare periodic reports to communicate proposal status, achievements, and challenges to Caltrans leadership.
District Roles
Partnership Identification
• Stakeholder Engagement: Engage with local stakeholders, such as city officials, local agency representatives, community organizations, and advocacy groups, to foster partnerships and collaborations.
Project Management and Oversight
• Project Implementation: Monitor and facilitate the implementation of proposals according to the defined scope of work, schedule, and milestones. • Communication and Coordination: Maintain regular communication and coordination with partner organizations to address any issues, provide guidance, and track progress.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 13 | Page
• Performance Evaluation: Conduct periodic evaluations to assess project performance, identify any necessary adjustments, and ensure adherence to objectives and quality standards.
Reporting and Documentation
• Progress Updates: Maintain regular communication with the Clean CA Program on project status, achievements, challenges, and any adjustments made to the scope of work or schedule.
• Documentation Retention: Ensure proper documentation of all agreements, communication records, project plans, and reports for record-keeping and future reference.
• Performance Monitoring: Monitor the progress and performance of projects to ensure the allocated funds are being effectively utilized. • Reporting: Require regular reporting from local/transit agencies on the implementation and outcomes of the funded projects, including progress updates and evaluation results.
• Data Collection: Coordinate with partners to collect relevant project data, metrics, and deliverables.
Invoice Verification (Reimbursement)
• Ensure Compliance with RGA: Confirm that submitted invoices align with the terms and conditions outlined in the RGA.
• Validate Eligible Expenditures: Review costs to ensure they are allowable under program guidelines, e.g., litter abatement, beautification, and employment pathway activities.
• Confirm Completion of Work: Verify that the work claimed in the invoice has been completed as described, including site visits or photographic documentation if required.
• Check Supporting Documentation: Ensure that all required backup materials (e.g., receipts, timesheets, contractor invoices) are included and accurate. • Monitor Project Progress: Track milestones and deliverables to confirm that the project is on schedule and consistent with the approved scope. • Coordinate with Local Agencies: Communicate with grantees to resolve discrepancies, request missing documentation, or clarify unclear charges.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 14 | Page
• Approve for Reimbursement: Once verified, inform the Clean California Program to proceed with payment processing by Caltrans Accounting. • Report and Escalate Issues: Flag any non-compliance, ineligible costs, or incomplete work for further review and potential corrective action.
Project Close-out Verification
• Review Final Deliverables: Confirm that all project components were completed as outlined in the original grant scope and agreement.
• Verify Documentation Accuracy: Ensure the closeout report includes complete and accurate records, e.g. before/after photos, receipts, payroll logs, and performance metrics.
• Confirm Use of Funds: Check that all expenditures align with approved budget categories and Clean CA eligibility requirements.
• Assess Community Impact: Evaluate whether the project met its stated goals (e.g., litter reduction, beautification, job creation) and delivered measurable benefits.
Stakeholder Engagement
• Community Outreach: Engage with local communities to provide updates on project progress, gather feedback, and address any concerns or inquiries related to the urbanized transit projects.
• Public Awareness: Promote the projects and their benefits to raise public awareness of their benefits, climate action goals, and improvements in active transportation, micro-mobility, and transit station aesthetics.
Grant Recipient Responsibilities
RGA Development
• Scope of Work: Collaborate with Caltrans district coordinator to define the scope of work for each proposal, including the specific activities, objectives, and desired outcomes.
• Schedule and Milestones: Work with Caltrans district coordinator to establish a comprehensive schedule with realistic milestones to ensure completion of all proposals. The schedule should consider proposal complexity, resource availability, and potential challenges that may arise during implementation. • Resource Planning: Determine the necessary resources, including funding, personnel, equipment, and materials, required to execute the proposals successfully.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 15 | Page
• Legal and Administrative Considerations: Ensure that all RGAs and cooperative agreements comply with Caltrans legal requirements and administrative procedures.
Proposal Management and Oversight
• Proposal Implementation: Monitor and facilitate the implementation of proposals according to the defined scope of work, schedule, and milestones. • Communication and Coordination: Maintain regular communication and coordination with Caltrans district coordinator to address any issues, provide guidance, and track progress.
• Performance Evaluation: Conduct periodic evaluations to assess proposal performance, identify any necessary adjustments, and ensure adherence to objectives and quality standards.
Reporting and Documentation
• Progress Updates: Maintain regular communication with the Caltrans district coordinator and Clean CA Program on proposal status, achievements, challenges, and any adjustments made to the scope of work or schedule. • Documentation Retention: Ensure proper documentation of all agreements, communication records, proposal plans, and reports for record-keeping and future reference.
• Performance Monitoring: Monitor the progress and performance of proposals to ensure the allocated funds are being effectively utilized. • Quarterly Reporting: Complete quarterly reporting on the implementation and outcomes of the funded proposals, including progress updates and evaluation results.
• Data Collection: Collect relevant proposal data, metrics, and deliverables.
Final Vouchering and Project Close-out
• Submit Final Documentation: Provide a comprehensive close-out report detailing completed work, expenditures, and outcomes.
• Include Proof of Completion: Attach visual evidence (e.g., before/after photos), final deliverables, and any required certifications to demonstrate project completion. • Provide Financial Reconciliation: Submit a final invoice with itemized costs and supporting documentation to reconcile total grant expenditures.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines 16 | Page
• Address Scope and Budget Alignment: Confirm that all activities and costs align with the approved project scope and budget in the RGA.
• Respond to Caltrans Requests: Be prepared to clarify, revise, or supplement the report if requested by Caltrans District Coordinators.
• Submit Final Voucher Request: Package the close-out report with the final payment request for review and approval by Caltrans.
Stakeholder Engagement
• Community Outreach: Engage with local communities to provide updates on proposal progress, gather feedback, and address any concerns or inquiries related to the urbanized CCEP proposals.
• Public Awareness: Promote the proposals and their benefits to raise public awareness of their benefits, climate action goals, and improvements in graffiti abatement, employment pathways, litter abatement , and local area aesthetics.
In addition, applicants are encouraged to include:
• Community education campaigns that highlight the impacts of litter, encourage behavior change, and promote responsible waste disposal. • Engagement strategies such as school partnerships, volunteer events, and youth training that build long-term stewardship.
• Collaboration with local businesses to reduce litter at the source (e.g., convenience stores, fast food outlets, or transit hubs).
Service Provider CSET
Funding Source: Clean CA
# CSET Costs Budget
1 CSET FTE Personnel (Supervisor .4 FTE, Case Manager .5 FTE plus Fringe Benefits) $ 77,632.52
2 CSET Participant Wages and Training Costs (4 Participants, 8 hours a day, 2 times a week plus Fica & Workers Compensation) $ 71,590.39 3 Equipment Purchase and Lease Costs $ -
4 Other Operating Costs (Fuel, PPE, Supplies, Vehicle
Maintenance, etc) $ 17,700.00
5 Facilities Infrastructure Costs (Rent,Facilitiy/Equipment Repair, Maintenance, Utilites, Security) $ 780.00
6 Professional Services (Cell Phone, Internet Access, Outreach, Professional Fees, Membership Dues, Custodial) $ 4,080.00 7 Office Supplies Costs (Office Supplies, Postage, Printing, Copying) $ 680.00
8 Other Indirect Costs (Indirect Rate 15%) $ 16,609.69
9 Other Costs (Payroll Processing, Insurance) $ 10,927.40 10 Graffiti Removal $ -
11 Traffic Control - provided by CalTrans $ -
Total Budget $200,000.00
Community Cleanup and Employment Pathway (CCEP)
Clean CA Program
Community Cleanup and Employment Pathway (CCEP) Grant Proposal I. PROJECT DESCRIPTION
CALTRANS
DISTRICT
PROJECT TITLE AGENCY NAME AGENCY
CONTACT
NAME
PHONE
NUMBER
EMAIL ADDRESS
6 City of Porterville
CCEP
City of Porterville Luisa Zavala 559 791-
7801
lzavala@
ci.porterville.ca.us
Agency
Contact
Name
(Secondary)
Phone
Number
(Secondary)
Email Address
(Secondary)
Claudia
Calderon
559 782-
7460
ccalderon@
ci.porterville.ca.us
1.2 PROJECT DESCRIPTION
Instructions: Describe the proposed project, including key activities and outcomes.
Indicate if the project includes (300-500 words):
• Community-led litter cleanup activities
• Employment or workforce training opportunities
• Local partnerships with local organizations, nonprofits, or public agencies • Cleanup of public rights-of-way or public spaces
Porterville’s CCEP program will be operated by the nonprofit organization Community Services & Employment Training, Inc., or CSET. CSET will work with the City to facilitate community-led cleanup events along key transportation corridors and activity centers within the city limits to beautify public space, and create transitional job opportunities for individuals facing barriers to employment including justice-impacted individuals, at-risk youth, and people experiencing homelessness.
Key Program Objectives:
• Reduce litter in public spaces
• Provide workforce development opportunities for vulnerable populations • Advance equity and community self-sufficiency
• Promote sustainable public engagement and education
Primary focus areas for clean-up efforts will include downtown Porterville and major arterials such as Olive Avenue and Henderson Avenue. Additional cleanup may extend to other high-need areas like trails, parks, and public rights-of-way. CSET will oversee day to day operation of a full time four-member crew that will clean public rights of way as part of a workforce training opportunity, receiving guidance from a CSET driver/supervisor.
The CCEP Program will not only improve the appearance and safety of public spaces, it will drive economic development through workforce training and job creation, while also improving public health and creating more inviting, walkable public spaces that align with long-term community goals.
1.3 PURPOSE AND NEED
Instructions: Explain the problem the project is addressing and why the project is needed in the community.
Describe the local conditions (e.g., litter, illegal dumping, blight, unemployment, etc.) and how this project supports community revitalization and workforce development (300-500 words).
The CCEP program in Porterville is urgently needed to address ongoing environmental and socioeconomic challenges affecting the city. Porterville, like many communities across California, struggles with persistent litter, illegal dumping, and urban blight, particularly in public spaces such as parks, trails, sidewalks, and roadways.
These issues not only degrade the appearance and usability of community spaces, but also contribute to health
hazards, reduced property values, and a diminished sense of community pride. Without regular maintenance and community engagement, these areas become neglected and unsafe, especially for children, families, and vulnerable residents who rely on clean and accessible public areas for recreation and transportation purposes.
This program is also necessary because it provides a solution to the lack of consistent resources for keeping public spaces clean. City maintenance crews are often limited in staff and budget, leaving many areas without regular upkeep. The CCEP program fills this gap by deploying dedicated crews focused solely on cleaning and maintaining public rights-of-way.
The City had a similar project that operated from February 2023 to June 2025, during which these crews collected 19,777 bags of trash and debris, a clear indication of the scale of the problem and the program’s impact. The program was a partnership between the City of Porterville, CalTrans and Tulare County Association of Governments.
Beyond addressing physical cleanup in a disadvantaged community, the CCEP program would also meet a critical need for workforce development in the community. Porterville faces high unemployment and limited job opportunities, especially for individuals with barriers to employment, such as young adults, those without formal education, people reentering the workforce and people experiencing homelessness. The CCEP program, in partnership with Community Services & Employment Training, Inc. (CSET), will offer a structured and supportive environment where individuals gain valuable work experience while improving their own community.
Through this initiative, participants will learn soft skills like teamwork, responsibility, communication, and punctuality, all of which are essential for long-term employment. In the aforementioned three-year program that ended in June 2025, there were 57 individuals who participated, receiving not only job training but also a renewed sense of purpose and belonging. Many participants went on to secure stable employment, utilizing the experience and confidence gained during their time with the program.
The CCEP program is needed because it provides real, visible improvement to Porterville’s environment while simultaneously investing in the people who live there. It addresses the twin challenges of urban blight and unemployment with a community-focused solution that empowers residents, builds job readiness, and restores pride in shared public spaces. The program is not just a cleanup effort, it is a vital tool for community revitalization and long-term social and economic development.
1.4 MAP (Attachment A)
Instructions: Include any relevant project location maps, and associated data maps. – The clean-up efforts will focus on heavily used and highly visible areas such as the downtown corridor, Olive Ave, Henderson Ave and Indiana St as well as any trails or other identified high need area in the public right of way. A map is attached of these heavily used and highly visible areas, but it will not be limited to them especially if a need arises to clean up other right of ways or public areas within the community.
1.5 COST – Suggested Amount: $50,000 to $200,000
Instructions: Provide a detailed cost estimate for each activity below and submit with Attachment E.
Activity Estimated Cost Would applicant accept partial
funding for this activity?
Planning / Outreach $ 2,286.07 Yes
No
Project Implementation – Employment (based on
historic number of litter crews/staff) $ 149,222.91 Yes No
Project Implementation – Cleanup (based on
historic quantities of litter collection) $ 23,240.00 Yes No
Matching Funds – In-Kind Contribution $11,104.00 Yes
No
Other (Specify) All other expenses listed on CSET
proposal $ 27,537.09 Yes
No
TOTAL $ 213,390.07 Yes
No
1.6 SCHEDULE
Note: Project implementation should be completed by April 1, 2027 and final reports/close-out completed by October 31, 2027.
Milestone Start Date End Date
Planning & Community Engagement Begins March 1, 2026 January 31, 2027 Hiring/Training Program Launch April 1, 2026 February 28, 2027 Cleanup Activities Begin April 1, 2026 March 31, 2027
Project Completion (By April 1, 2027) April 1, 2027 March 31, 2027 Project Close-out (By October 31, 2027) October 31, 2027
1.7 KNOWN CONCERNS OR RISKS
Known environmental concerns or risks
X No
Yes
Known right-of-way concerns or risks
X No
Yes
Instructions:
Please list any other known risks that could impact this project from being delivered on schedule, budget and scope (300-500 words).
As previously mentioned, the City, in partnership with CSET, has successfully implemented a similar program in recent years and does not anticipate any issues delivering the project.
2 EVALUATION CRITERIA ALIGNMENT
2.1 EVALUATION CRITERIA ALIGNMENT
Instructions:
Describe how the project addresses the following goals (include narrative under each section, 500-700 words):
• Litter Abatement:
(Describe the type, scale, and location of cleanup efforts.) Numerous arterial roads traverse Porterville in addition to active transportation corridors including an abandoned railroad right of way that is currently being converted to a multi-modal corridor and the Tule River with an adjoining parkway. Porterville has many parks and public spaces that include a municipal golf course. All of these places are suitable for cleanup efforts of varying degrees and durations. The proposed transportation corridors, inclusive of active transportation corridors equals approximately 15 miles to be serviced by this program. Per the Healthy Places Index the project areas are located in disadvantaged census tracts or along their boundaries.
• Job Creation & Employment Pathways:
(Explain how the project provides direct employment, workforce training, and/or career pathway support for underemployed or underserved individuals.)
Porterville’s CCEP program will give participants three months of steady full-time employment to develop a strong work ethic and establish a track record of dependability. Program participants then enter into Phase 2 of the program for up to three months, working three full days per week and doing mandatory job development activities during the two weekdays they are not in the field. By the time they complete the program they will have certifications in first aid, CPR and OSHA 10 training in construction, Caltrans Chapters 7 and 8 training, and completion of CSET’s Job Readiness Training curriculum. If they have not already obtained unsubsidized employment after six months in the CCEP program they will be referred to other entities that assist, including CSET operated Employment Connection Centers.
Participants have the opportunity to co-enroll in Employment Connection programs anytime during their CCEP involvement, which provides them access to a multitude of services funded by the federal Workforce Innovation and Opportunity Act (WIOA).
CSET’s Job Readiness Program includes 120 hours of training designed to accommodate all learning styles. Videos, PowerPoint presentations, activities, materials, and projects are some of the tools utilized. A student-centered approach is emphasized where CSET’s primary role is to coach and assist with student learning through overall comprehension of material. The curriculum consists of six units: Exploring My Story, Creating My Path; Career Readiness Skills; Preparing to Enter the World of Work; Communication and Interpersonal Skills; Financial Foundations for Success; and Job Search and Retention. • Community Engagement & Partnership:
(Describe how local community groups, nonprofits, and/or workforce boards are engaged in project design or implementation.)
The CCEP program in Porterville will be built on strong community engagement and cross-sector collaboration. At the core of the project will be Community Services & Employment Training, Inc. (CSET), a local nonprofit with deep roots in Tulare County and a long-standing commitment to workforce development and community improvement. CSET not only will operate the program but also engage a variety of local partners in both the design and implementation of cleanup and revitalization efforts.
The City of Porterville is an active partner, working closely with CSET to identify high-need areas for cleanup, support community-led events, and coordinate logistical support. This collaboration will ensure that city resources are aligned with community priorities and that cleanups are strategically targeted to maximize impact.
Community engagement is further enhanced through community clean-up and disposal events. In order to encourage property maintenance and community beautification, the City offers residential refuse customers free disposal of general trash, bulk items, wood waste, yard clippings, and e-waste and citywide sweeping. These events foster a sense of ownership and pride among community members, and encourage ongoing stewardship of public spaces.
Additionally, workforce boards and other employment-focused organizations will be engaged to support participant recruitment, job readiness training, and transition into permanent employment. These partnerships ensure that participants in the CCEP program receive not only hands-on job experience but also broader support services that improve long-term employment outcomes.
Through this network of partnerships, the CCEP program is able to combine environmental improvement with community empowerment and workforce development. By actively involving a wide range of local stakeholders, the program becomes more than just a cleanup initiative, it becomes a community-driven effort to build a healthier, more resilient Porterville. • Sustainability:
(Describe any strategies for sustaining outcomes beyond the grant term—e.g., partnerships, continued employment, long-term maintenance plans.
To further enhance the program’s impact, the City is also working toward a complementary partnership focused on freeway and local right-of-way maintenance. Building on the success of the Litter Abatement Pilot Program (LAP), a joint initiative launched in 2021 with Caltrans District 6 and the Tulare County Association of Governments (TCAG), Porterville aims to extend these efforts through a new twoyear collaboration. The LAP addressed persistent litter issues along State Routes 65 and 190 within the city limits, using a multi-agency funding model and employing individuals transitioning out of homelessness in partnership with CSET.
From 2021 to 2025, the LAP demonstrated significant community and environmental impact: 19,777 bags of trash were collected and 57 individuals gained transitional employment. The City Council approved up to $50,000 annually to support the program, and the model has proven effective in both corridor beautification and social reintegration.
As part of the CCEP initiative, the City is now seeking to align the proposed local litter abatement work with this broader regional effort by pursuing a new Delegated Maintenance Agreement with Caltrans, continued funding coordination with TCAG, and an extended agreement with CSET as the program operator. This coordinated approach strengthens community revitalization goals and maximizes the social and environmental return on investment.
The proposed CCEP program is deeply rooted in community collaboration, leveraging local nonprofits, regional agencies, and municipal leadership. These partnerships not only amplify the program’s reach and effectiveness, but also ensure that the work being done reflects local priorities, supports vulnerable populations, and sustains long-term community improvements.
3 COMMUNITY ENGAGEMENT
3.1 COMMUNITY ENGAGEMENT INFLUENCE
Instructions (300-500 words):
• Identify how community input shaped the proposal.
Community input has been a key driver in shaping the City of Porterville’s proposal for this grant, ensuring that the program reflects the real needs and priorities of residents. Over the past several years, the City has actively engaged with community members through public events, direct outreach, and workforce programs to seek community input in priorities when seeking grant funding. Through that outreach valuable insight has been gained into where and how litter abatement and workforce efforts should be focused.
One of the most effective tools the City has used to collect ongoing community feedback is the myPorterville app, a mobile platform that allows residents to report issues such as illegal dumping, litter hotspots, and blight. Submissions through the app have helped identify high-need areas and recurring problem zones across the city. This real-time data is used by City staff to prioritize cleanup locations, monitor progress, and respond to community concerns efficiently. The app empowers residents to take an active role in keeping their neighborhoods clean and safe, and ensures that the program is grounded in local input.
In addition to digital feedback, the City has also received input from community groups and downtown merchants. Many of these individuals have shared insights about public space usage, challenges faced by unhoused residents, and the importance of creating pathways to employment. These voices have directly shaped the proposal’s dual focus on environmental cleanup and transitional job creation.
Partnerships with regional entities like Caltrans District 6 and the Tulare County Association of Governments (TCAG) have also provided channels for community input at the regional level, especially related to freeway corridors such as State Routes 65 and 190. These collaborations ensure that the proposal reflects both local concerns and broader regional priorities.
Looking ahead, the City will continue to gather and incorporate community feedback throughout the life of the program. Tools like the myPorterville app, along with public meetings and outreach events, will remain central to tracking progress, adjusting priorities, and maintaining transparency.
By integrating community input at every stage, from proposal development to implementation, the program is designed to be both responsive and accountable, ultimately creating cleaner public spaces and stronger opportunities for local residents.
• Planned Engagement During Implementation
During the implementation of the CCEP program, the City of Porterville will continue to prioritize ongoing community engagement to ensure that the program remains responsive, inclusive, and transparent. A multi-tiered approach will be used to gather feedback, inform residents, and involve community stakeholders throughout the life of the project.
Examples of how this will be achieved include:
1. Ongoing Use of the myPorterville App
The City will continue promoting and monitoring the myPorterville app as a direct channel for community members to report litter concerns, illegal dumping, and blight. Reports submitted through the app will be reviewed regularly and used to inform route planning and cleanup prioritization by the CSET crew. This tool gives residents a voice in the day-to-day operations of the program and fosters a sense of community ownership.
2. Community Cleanup Events
The City will continue to hold a Community Clean up and disposal as well as mattress collection services and support volunteer-led cleanup events in public spaces. These events will offer opportunities for local schools, civic groups, businesses, and residents to engage directly in beautification efforts, while also serving as outreach opportunities for educating the public about litter prevention and environmental stewardship.
3. Stakeholder Meetings and Coordination
The City will maintain close collaboration with CSET, and other partners to allow for the exchange of feedback, data review, and strategy alignment across the community.
4. Surveys and Participant Feedback
Program participants employed through CSET will be asked to provide feedback on their experience, including suggestions for improving job training, support services, and field operations. Surveys may also be distributed to the public to assess satisfaction with program outcomes and identify new areas of focus.
5. Public Communications and Transparency
Progress updates, performance metrics (e.g., number of cleanups, bags of trash collected, jobs created), and community success stories will be shared through the City’s website, social media channels, and community newsletters. These updates will keep the public informed and invested in the program’s outcomes.
6. City Council and Community Presentations
Staff will provide periodic updates to the Porterville City Council and community boards, offering transparency, inviting public comment, and allowing for course correction based on community priorities.
• Attach Public Engagement Plan (Attachment B). – see attached. 4 UNDERSERVED or HISTORICALLY EXCLUDED COMMUNITIES
4.1 ANALYSIS
Is the project located in an underserved or
historically excluded community?
Yes
No
X partially located in an underserved community
CalEnviroScreen 4.0 and the SB 535
Disadvantaged Communities map indicate that
only portions of Porterville west of Highway 65 are
not underserved/excluded/disadvantaged
What was the basis for determining if any part of project is located in or benefits an historically excluded community:
(only check a box if in or partially in an historically excluded community)
a. Median Household Income
b. X CalEnviroScreen 4.0
c. Free or Reduced-Price School Meals
d. Healthy Places Index
e. Native American Tribal Lands
f. Other
4.2 BENEFITS TO UNDERSERVED or HISTORICALLY EXCLUDED COMMUNITY Instructions: Describe how the project will benefit underserved or historically excluded communities through (300-500 words):
• Job access
CSET enrolls every CCEP participant with the intention of them departing with a good outside job or a pathway to a career or further education. CSET provides mentorship, training and access to workforce development services to provide job access.
• Cleaner, safer streets or public spaces
CSET cleanup crews do not only beautify the community by removing litter, they make streets and public spaces safer. Crews currently operating in Porterville clear heavily used rights of way of all sort of hazardous
materials, from trip-and-fall or vehicle damaging hazards like tires and lumber to biological hazards like used hypodermic needles and drugs. Crews even encounter dangerous items like guns and explosives.
Items that have been removed after falling from passing vehicles include a kayak. This is especially beneficial for those individuals who rely on active modes of transportation such as walking and using a bicycle due to not having access to a vehicle or driver’s license. This population includes, but is not limited to low-income persons, senior citizens, individuals with disabilities, and youth. • Increased civic pride and stewardship
The busy roads, riverside areas and rails to trails right of way serve as the “front door” to the Porterville community, providing a lasting first impression for visitors and affecting the collective self-image of residents. The CSET crews who have worked on Porterville-based cleanup programs report that they get a lot of positive feedback from the public. Motorists and pedestrians shout encouragement as they drive by, and CSET receives telephone and email messages praising cleanup crews. When crew members complete the program, they bring a heightened sense of awareness and stewardship back to the community. The City and CSET anticipate that the CCEP will be similarly received by the public and its participants.
• Connection to public resources and services
As the federally designated anti-poverty organization (Community Action Agency) for Tulare County, CSET offers wraparound services to County residents. It operates more than 50 programs and is able to provide CCEP program participants with access to additional services through referrals to its network of hundreds of partner agencies that include public agencies and other nonprofits. CSET serves a wide variety of individuals and families who need assistance to achieve self-sufficiency because they are lacking adequate employment, job skills, education or stable housing. A significant percentage are trying to overcome barriers such as involvement in gangs or the justice system, physical or mental health issues or substance abuse. CSET’s programs operate in five strategic focus areas - Community Initiatives, Energy Assistance, Workforce Development, the Visalia Navigation Center for those experiencing homelessness, and the Sequoia Community Corps, a federally recognized and state certified local youth conservation corps. Clean California and other roadside cleanup programs operate under the umbrella of the Corps.
Beautification of transportation corridors improves the safety and comfort of individuals who rely on nonmotorized modes of transportation to access community resources and services. The City has made great effort to secure grant funds for the construction of active transportation projects to improve walking and bicycling conditions in Porterville, and the CCEP Program will support our efforts to improve these facilities by ensuring they are clean and safe for public use.
5 LETTER OF SUPPORT
5.1 LETTER OF SUPPORT
Instructions: Attach signed letters from Caltrans district (where proposal is located) endorsing the project. 6 ADDITIONAL ATTACHMENTS
6.1 SUPPLEMENTAL MATERIALS
Instructions – Attach any applicable documents as follows:
• Attachment A: Project / Data Maps
• Attachment B: Public Engagement Plan
• Attachment C: Existing Site Photos
• Attachment D: Letters of Support
• Attachment E: Cost Breakdown & Estimate
o Break down expenses by category (e.g., staff time, equipment, materials, outreach, etc.) o Briefly explain the purpose of each cost to demonstrate alignment with project goals.
Prepared by:
Claudia Calderon
Community Development Director
City of Porterville
Date
Approval Recommended by:
District Clean CA Grant Coordinator Date
Approved by:
Clean California Program Director Date
Instructions – Attach any applicable documents as follows:
• Attachment A: Project / Data Maps
• Attachment B: Public Engagement Plan
• Attachment C: Existing Site Photos
• Attachment D: Letters of Support
• Attachment E: Cost Breakdown & Estimate
o Break down expenses by category (e.g., staff time, equipment, materials, outreach, etc.) o Briefly explain the purpose of each cost to demonstrate alignment with project goals.
Attachment A
Data Maps
Underserved
Communities
Documentation
Attachment B: Public Engagement Plan
City of Porterville – CCEP Program
Program Operator: Community Services & Employment Training, Inc. (CSET) Purpose
The Public Engagement Plan outlines the City of Porterville’s strategy for informing, involving, and collaborating with residents and stakeholders throughout the implementation of the CCEP program. This plan ensures that community input continues to shape priorities, identifies problem areas, and enhances accountability while fostering a sense of local ownership.
Goals of Public Engagement
1. Ensure transparent communication with the public about program activities, goals, and results.
2. Encourage community participation in identifying litter issues and beautification opportunities.
3. Provide accessible feedback channels for continuous improvement.
4. Foster civic pride and promote public education on environmental stewardship.
5. Support equitable participation, especially from underserved or impacted communities.
Engagement Strategies & Methods
Strategy Description Timeline Lead Entity
1. My Porterville
App Reporting
Promote the use of the My Porterville
app for residents to report litter,
dumping, and blight issues.
Ongoing City of Porterville
2. Community
Cleanup Events
Host cleanup and disposal events in
Porterville.
Semi-Annually City Public Works
Department
3. Participant
Feedback Surveys
Collect feedback from CSET
program participants about job
experience and training needs.
Biannually CSET Workforce Team
4. Public
Satisfaction Surveys
Conduct simple public surveys online
and in person to measure
satisfaction with program impact.
Annually City of Porterville
5. Stakeholder
Coordination
Maintain regular meetings with CSET
and workforce agencies to align
program priorities and address
concerns.
Bi-monthly
City Community
Development Dept.,
City Parks Department
6. Digital
Communication
Share progress updates, metrics, and
stories via the City’s website,
newsletters, and social media.
Monthly updates City Communications
Team
7. Council &
Community Reports
Present status reports to City Council;
invite public comment. Twice per year City Staff, CSET
8. Outreach to
Vulnerable Groups
Work with local service providers to
engage unhoused and at-risk
residents in transitional employment.
Ongoing CSET, Local Nonprofits
Monitoring and Evaluation
The City will track and evaluate public engagement using the following indicators:
• Number of app reports submitted and addressed.
• Participation rates in community cleanups and outreach events. • Survey response rates and satisfaction levels.
• Feedback from partner agencies and program participants. • Adjustments made to the program based on community input.
Contact Information
For questions or to get involved, residents can contact:
City of Porterville Community Development Department
Email: [email protected]
Phone: (559) 782-7560
Website: www.ci.porterville.ca.us
My Porterville App: Available on iOS and Android
Activity Estimated Cost for
Grant Application
Estimated Cost of
InKind
Purpose &Alignment with
project goals
Planning / Outreach
City of Porterville $ - $ 2,286.07 Responsible entity for reporting to funding source and
administration of grant
deliverables- this is for staff time
dedicated to those activities
CSET $ - $ - Responsible entity for project
implementation, supports
community efforts and
individuals in need as part of its
mission
Project Implementation – Employment (based on historic number of litter crews/staff) CSET case manager: 40% of full time
equivalency (2 days per week), plus fringe
benefits; $22,695.92 wages plus $8,496.80
benefits
$ 31,192.72 $ - Recruits participants, does
intake, arranges and conducts
training, assists in job seeking
Project Implementation – Cleanup (based on historic quantities of litter collection) Participant wages: 4 participants x 8 hours per
day x 2 days per week x minimum wage, plus
$ 71,590.39 $ - Provides the labor to operate the
CSET supervisor clean-up program : 40% of full time equivalency (2 days per week), plus fringe benefits; $22,502.52
wages plus $23,937.28 benefits
$ 46,439.80 $ - Oversees the clean-up crews
and provides mentorship
Operating costs: fuel, personal protective
equipment, vehicle maintenance, supplies
$ 17,700.00 $ - Allows crews to be properly
equipped and able to do the
work
Professional services: wireless phone, internet
access, professional fees, etc
$ 4,080.00 $ - Enables CSET staff to do their
work effectively
Office supplies: supplies, postage, printing,
copying
$ 680.00 $ - Basic supplies used in
administering the program
Matching Funds – In-Kind Contribution
City of Porterville: Clean up event (2/year) $ - $ 11,104.00 This is for community wide cleanup and removal projects
Other (Specify)
CSET payroll processing fees and insurance: $ 10,927.40 Covers CSET's costs in paying participants and staff an
providing insurance coverage
CSET facilities infrastructure costs $ 780.00 Covers the cost of storage and use of CSET facilities
CSET Federally approved indirect cost rate: 15% $ 16,609.69 Covers CSET's indirect costs in supporting programs like Clean
California
TOTAL $ 200,000.00 $ 13,390.07 $ 213,390.07
The City of Porterville will provide its outreach, organization and oversight services as in kind support of the Clean California program. Community Services & Employment Training, Inc., the subcontractor operating the program, will be compensated on a fee for service basis, with the majority of funds used to compensate program participants for their labor.
ATTACHMENT E – Cost Breakdown & Estimate
Item No. 8.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Acceptance of Project – “Center” Friant-Kern Canal Turnout and Basin Project SOURCE: Engineering and Project Management
COMMENT: Romanazzi General Engineering has completed the “Center” Friant-Kern Canal Turnout and Basin Project in accordance with the approved plans and specifications. The project included the installation of new water pipelines, concrete structures, earthwork, and all associated appurtenances. This improvement supports the City’s efforts to meet the requirements of the Sustainable Groundwater Management Act (SGMA) and helps meet the community’s long-term water system demands.
Staff tracks construction costs for all Capital Improvement Projects and provides a report of total expenditures when projects are accepted by the City Council. On September 20, 2022, the City Council authorized an expenditure of $1,674,761 for construction, contingency, construction management, and inspection services. On May 6, 2025, the Council approved an additional $44,000, bringing the total authorized project budget to $1,718,761.
The final project costs are summarized as follows:
1. Construction Contract: $1,582,621.33
2. Construction Management, Special Equipment, Quality Control, and Inspection Services: $97,919.53
The total construction cost of $1,680,540.86 is within the overall authorized project budget of $1,718,761. Funding for this project was provided through the Water Replacement Fund.
Romanazzi General Engineering has requested City Council acceptance of the project as complete. Staff has inspected the completed work and found it to be in conformance with the approved plans and specifications. Completion of this project represents a key investment in the City’s long-term water reliability and compliance with regional groundwater sustainability goals.
Item No. 8.
RECOMMENDATION: That the City Council:
1. Accept the “Center” Friant-Kern Canal Turnout and Basin Project as complete; and
2. Authorize the filing of the Notice of Completion by the City Clerk.
ATTACHMENTS: 1. Locator Map – “Center” Friant-Kern Canal Turnout and Basin Project
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 9.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Schedule a Public Hearing for the Adoption of the 2025 California Building Standards Codes
SOURCE: Engineering and Project Management
COMMENT: The various building codes in use by most jurisdictions in California are updated periodically to reflect the latest materials, technologies, and construction practices within the building industry.
The last published building codes, specifically the California Building Codes, were updated in 2022. The State of California has since adopted the 2024 International Codes as the 2025 State Codes for Building, Plumbing, Mechanical, Electrical, and Energy.
In addition to these codes, the State has also mandated the adoption of the 2025 California Green Building Standards Code, Fire Code, Residential Code, Administrative Code, Wildland-Urban Interface Code, Existing Building Code, and Reference Standards Code. These codes will take effect statewide on January 1, 2026.
The adoption of the 2025 California Fire Code will be handled separately by the Fire Department.
As part of the upcoming adoption of the 2025 California Building Codes, the City Council has previously directed staff to include a proposed local amendment addressing C-train (cargo container) exemptions for temporary, non-occupied storage. This proposed amendment will be presented with the adopting ordinance for Council consideration during the public hearing.
Each of the California Codes will be adopted by Ordinance and will repeal the corresponding State Codes previously in effect. Adoption of these updated Codes ensures the City’s continued compliance with State law and alignment with current construction standards for safety, sustainability, and efficiency.
RECOMMENDATION: That the City Council authorize the City Clerk to notice a Public Hearing for November 18, 2025, to receive input and give first Item No. 9.
reading to draft Ordinances for the adoption of the 2025 Editions of the California Building, Plumbing, Mechanical, Electrical, Green Building Standards, Residential, Administrative, Reference Standards, and Energy Codes.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 10.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Schedule a Public Hearing for the Adoption of the 2025 California Fire Code
SOURCE: Fire
COMMENT: The California Fire Code, adopted by most jurisdictions statewide, is periodically updated to reflect current materials, construction techniques, and fire safety standards. The most recent update was in 2022. The State of California has now adopted the 2024 International Codes as the 2025 State Codes for Building, Fire, Plumbing, Mechanical, Electrical, and Energy standards.
The State of California has mandated local jurisdictions to adopt the 2025 California Fire Code. The adoption of the 2025 California Fire Code is part of the City’s overall update to align with the State’s 2025 Building Standards Codes.
The 2025 California Fire Code will take effect statewide on January 1, 2026.
Each of the 2025 California Codes will be adopted by local ordinance and will repeal the prior State Code editions currently in effect.
RECOMMENDATION: That the City Council authorize the City Clerk to notice a Public Hearing for November 4, 2025, to receive public input and give first reading to draft ordinances for adoption of the 2025 Edition of the California Fire Code.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Bryan Cogburn, Fire Chief
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 10.
Item No. 11.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization for the Appropriation of Additional Funds for the Butterfield Stage Corridor Project
SOURCE: Engineering and Project Management
COMMENT: On September 24, 2024, the City Council authorized the award of the construction contract for the Butterfield Stage Corridor Project to Yarbs Grading & Paving. This project will develop an active transportation corridor approximately 3.9 miles in length along the former Southern Pacific Railway line, extending from College Avenue to West North Grand Avenue. The corridor will include solar lighting, water stations, benches, wayfinding, controlled crossing systems, and landscaping. It will also include the installation of a nonpotable water main that provides future connections to large water users along the route, including Porterville College.
During construction, it was determined that additional utility improvements were necessary to address system gaps in the City’s utility master plans.
Specifically, the installation of a storm drain line and water line from Henderson Avenue to Westfield Avenue was needed. The storm drain improvements are critical to preventing future flooding near Westfield and Henderson Avenues by redirecting stormwater that traditionally inundates the basin in Zalud Park to the basin along Westfield Avenue near State Route 65. The added water line will create a loop in the City’s water system, protecting pressure and eliminating the existing “dead end” at Westfield Avenue.
While installing these utilities, the construction crew encountered a substantial amount of rock at depths between 15 and 20 feet, requiring specialized drilling equipment and additional time. The initial cost for this added work was estimated at $1,214,464, which was covered by the project’s contingency.
However, due to the volume of rock encountered, the cost has increased to $1,862,539.
To ensure the project continues without delay and maintains sufficient funding for any additional unforeseen conditions, staff is requesting an appropriation of $500,000 from the Storm Drain Developer Fund and $200,000 from the Water Replacement Fund. These funds will supplement the project’s contingency and ensure completion of the necessary utility work without delay.
Item No. 11.
The Butterfield Stage Corridor Project remains a priority infrastructure investment that will enhance connectivity, reduce flooding risks, and improve system reliability along this major corridor.
RECOMMENDATION: That the City Council:
1. Authorize an appropriation of $500,000 from the Storm Drain Development Fund; and
2. Authorize an appropriation of $200,000 from the Water Replacement Fund.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 12.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization to Review Draft Bylaws for the California Charter Cities Association
SOURCE: City Manager's Office
COMMENT: The City of Porterville is exploring participation in the formation of the California Charter Cities Association (CCCA), an organization designed to strengthen and protect local control for charter cities through education, advocacy, and intergovernmental collaboration.
The draft bylaws establish the framework for the organization’s governance, membership, and operations. The purpose of the association is to advocate for the collective interests of charter cities, promote local decision-making authority, and provide educational opportunities for municipal officials.
The draft bylaws define the association’s objectives, including advocacy for legislation beneficial to member cities, communication on issues affecting charter cities, the organization of educational conferences, and collaboration on intergovernmental initiatives. The bylaws also include provisions for membership eligibility, board structure, officer responsibilities, voting procedures, financial management, and standards of ethical conduct.
Before any formal action is considered, it is appropriate to refer the draft bylaws to the City Attorney for legal review and feedback. This review will ensure the document complies with applicable laws, aligns with the City’s Charter authority, and accurately reflects the interests of the City Council. Staff will return the reviewed and finalized version for City Council consideration at a future meeting.
RECOMMENDATION: That the City Council authorize the City Attorney to review and provide feedback on the draft bylaws for the California Charter Cities Association and return recommendations to the City Council at a future meeting.
Item No. 12.
ATTACHMENTS: 1. Draft Bylaws
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 1 (DISCUSSION DRAFT)
Bylaws for the California Charter Cities Association
Article I: General
Section 1: Corporation Name.
This corporation is the California Charter Cities Association (CCCA).
Section 2: Offices.
The principal office of this corporation shall be located in _____________, California.
The CCCA Board of Directors (CCCA Board) may establish such other CCCA offices as it deems necessary to the effective conduct of CCCA programs.
Section 3: Compliance with Governing Laws.
In all matters not specified in these bylaws, or in the event these bylaws do not comply with applicable law, the California Nonprofit Corporation Law applies.
Article II: Purpose and Objectives
Section 1: General.
CCCA’s purpose is to strengthen and protect local control for charter cities through education and advocacy to enhance the quality of life for all Californians.
Section 2: Objectives.
CCCA’s objectives are the following:
(a) Advocate for legislation that results in benefits to its Member Cities, (b) Communicate to its Member Cities and the public on issues related to the general welfare of citizens in California charter cities,
(c) Pursue strong intergovernmental relationships to promote the well-being of California charter cities,
(d) Organize educational opportunities, such as conferences of charter city officials, (e) Stimulate greater public interest and more active civic consciousness as to the importance of charter cities in California’s system of government, (f) Collect and disseminate information of interest to its Member Cities, and 2 (g) Engage the membership in a continuing analysis of the needs of its Member Cities.
Article III: Membership
Section 1: Qualification.
Charter Cities. Any charter city, or charter city and county, in California may, by the payment of annual dues prescribed in Article IV, become a Member City and as such is entitled to CCCA services and privileges.
Section 2: Termination.
(a) Grounds for Termination. Membership is suspended or terminated whenever any of the following occurs:
(i) The Member City resigns by giving written notice to CCCA; (ii) The Member City does not pay dues, fees or assessments in the amounts and terms set by the CCCA Board; or
(iii) An event occurs that makes the Member City ineligible for membership. (b) Procedures for Termination. CCCA shall give 15 days notice of any suspension or termination of membership and the reasons for such action, along with the opportunity to respond orally or in writing not less than five days before the effective date of the action.2 Section 3: Non-Liability.
No Member City is liable for the debts or obligations of CCCA.
Article IV: Dues
Section 1: Establishment.
The CCCA Board establishes CCCA’s dues annually according to charter city population. The population of each charter city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining charter city population.
Section 2: Increase in Dues.
3 (a) Board Vote Requirement. Any increase in dues must be approved by the CCCA Board by a two-thirds vote. The CCCA Board’s approval shall be accompanied by an explanation of the need for the increase, including but not limited to:
(i) Increases in CCCA’s costs related to general increases in the consumer price index or other factors; and/or
(ii) The expansion of existing programs or initiation of new programs. (b) Member City Ratification Requirement. Any dues increase that exceeds either the “consumer price index” for the preceding twelve months or five percent (whichever is greater) requires Member City ratification. In no event, however, shall the CCCA Board approve a dues increase in excess of ten percent without Member City ratification. (i) “Consumer Price Index” Defined. For purposes of this section, the consumer price index is the California consumer price index for all urban consumers calculated by the California Department of Industrial Relations or its state or federal successor. (ii) Approval Threshold. Member City ratification requires a majority of Member Cities casting votes.
(iii) Mechanism for Seeking Approval. The ratification may occur at CCCA’ General Assembly (see Article V) or by using the mail balloting procedure (see Article XI, section 5).
(c) Dues Cap. In no event will a Member City’s dues increase by more than $5,000 per year.
Section 3: Delinquency.
Any Member City of CCCA who is delinquent in dues, fees or assessments may be suspended or have that member’s membership terminated as provided in Article III, section 2.
Article V: Membership Meetings
Section 1: Annual Meeting.
(a) Time and Place. CCCA’s regular Annual Meeting is held at the time and place as the CCCA Board determines. In case of any unusual conditions or extraordinary emergency, the CCCA Board may, at its discretion, change the time or place of the meeting.
Section 2: Special Meetings.
Special meetings of CCCA may be called by the CCCA Board and shall be called by the CCCA Board upon the written request of five percent or more of the Member Cities. Any written 4 request by Member Cities shall describe the general nature of the business to be transacted and the text of any proposed resolution(s).
Section 3: Member City Delegates to Annual Meeting.
Each Member City shall, with the approval of its city council, designate a city official as the city’s designated voting delegate and, in the event that the designated voting delegate is unable to serve in that capacity, up to two alternate voting delegates.
Section 4: Notice of Meetings.
(a) General. Notice shall be given to all Member Cities of the time and place of all regular and special meetings by emailing, faxing or mailing a written notice at least fifteen days prior to each meeting, or by publishing a notice of the meeting at least two weeks prior to the meeting in an official publication of CCCA; provided, however, that failure to receive such notice does not invalidate any proceedings at such meeting. (b) Special Notice Requirements for Special Meetings. Any notice of the calling of a special meeting shall specify the purpose of the special meeting in such detail to enable Member Cities to determine whether they should attend. In the event a special meeting is requested by five percent or more of the Member Cities, the notice shall also set for the text of any proposed resolution(s).
Section 5: Parliamentarian.
The CCCA President shall appoint a Parliamentarian to resolve procedural issues at CCCA’s Annual Meeting.
Article VI: Resolutions
Section 1: Role and Scope of Resolutions.
Resolutions adopted by CCCA’s General Membership and such CCCA Board policies as are not inconsistent with such resolutions constitute CCCA policy. All resolutions shall be relevant to charter city issues.
Section 2: Origination.
Resolutions may originate from CCCA Board or from Member Cities. A resolution originated from Member Cities must have the concurrence of at least five or more cities.
Section 3: Timing of Resolution Submittal for the Annual Meeting.
All resolutions shall be submitted at least sixty days prior to the Annual Meeting.
Section 4: Special Meeting Resolution Procedures.
5 (a) Relevancy. All resolutions must be relevant to the meeting purpose specified in the special meeting notice.
(b) Opportunity for Member Review. All resolutions to be proposed during the Special Meeting shall be available for membership review by electronic (for example, by posting on the CCCA website) or other means at least 24 hours prior to the beginning of the special meeting.
Section 5: Full Debate.
The opportunity for full and free debate on each resolution shall occur prior to consideration of a resolution.
Article VII: Board of Directors
Section 1: Role and Powers.
Subject to the provisions and limitations of California Nonprofit Corporation Law, any other applicable laws, and the provisions of these bylaws, CCCA’s activities and affairs are exercised by or under the direction of the CCCA Board of Directors. The CCCA Board is responsible for the overall supervision, control and direction of CCCA. The CCCA Board may delegate the management of CCCA’s affairs to any person or group, including a committee, provided the CCCA Board retains ultimate responsibility for the actions of such person or group.
Section 2: Composition.
The CCCA Board is composed of the following:
(a) Nine Directors, who serve staggered three-year terms, and at least two of whom are representatives of small charter cities with a population of 10,000 or less; (b) For purposes of this section, the population of each charter city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (c) Officers consisting of a President, a First Vice-President and a Second Vice-President, who each serve a term of office of one year, selected from the Board of Directors; (d) Directors hold office until their successors are elected and qualified.
Section 3: Staggered Terms.
The terms of the Directors are staggered, so that the terms of approximately one-third of the members of the CCCA Board expire each year.
6 Section 4: Election of Directors.
(a) Directors are elected by the CCCA Membership at its Annual Meeting. (b) Commencement of Terms. The term of office of all newly elected Directors commences immediately on the adjournment of the Annual Meeting; however, the newly constituted CCCA Board may meet prior to the adjournment of the Annual Meeting for the purpose of organization.
Section 5: Nomination Process.
(a) Timing. The CCCA President, with the concurrence of the CCCA Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Election. The election of CCCA Directors and officers shall occur at the Annual Meeting.
Section 6: Vacancies.
(a) Directors. If a vacancy occurs in a directorship, the CCCA Board may elect a new Director to fill the vacancy at the next regular board meeting. The CCCA president may nominate individuals for consideration by the CCCA Board. (b) Terms. The person elected or appointed to fill a vacancy holds office for the remainder of the term of the office in question.
(c) Grounds for Vacancy. A vacancy in a directorship shall occur due to resignation, or a vacancy in elective or appointed office held by the director.
Section 7: Resignation.
Any Director resignation is effective upon receipt in writing by the CCCA President, unless a later date is specified in the letter.
Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The CCCA Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting.
(b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to 7 record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means).
(c) Telephonic or Electronic Participation. Members of the CCCA Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting. (d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a CCCA Director may participate electronically.
Section 9: Policies.
The CCCA Board may adopt such policies for its government as it deems necessary and which are not inconsistent with these bylaws. In the event of an inconsistency, these bylaws shall prevail.
Section 10: Committees.
The CCCA Board may establish committees to study charter city problems, advise on CCCA educational efforts, make recommendations with respect to CCCA advocacy efforts, or to engage in other appropriate CCCA service.
Section 11: Compensation.
The Directors do not receive any compensation for their services, but, with CCCA Board approval, may be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.
Section 12: Reports of Directors.
The CCCA Board’s duties include providing an annual report to CCCA members at the regular Annual Conference showing CCCA work, CCCA financial condition, and a statement with respect to CCCA’ plans for further work and proposed policies.
Section 13: Standard of Care.
(a) General. A Director shall perform the Director’s duties, including duties on any committee on which the Director serves, in good faith, in a manner the Director believes to be in the best interests of CCCA and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. (b) Reliance on Information. In performing the Director’s duties, the Director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by:
8 (i) One or more CCCA officers or employees whom the Director believes to be reliable and competent as to the matters presented;
(ii) Counsel, independent accountants, or other persons as to matters which the Director believes to be within such person’s professional or expert competence; or (iii) A CCCA Board committee upon which the Director does not serve, as to matters within the committee’s designated authority, provided that the Director believes the committee merits confidence.
The Director may rely on such information, opinions, reports, or statements as long as the Director acts in good faith after reasonable inquiry (when the need for such inquiry is indicated by the circumstances) and as long as the Director has no knowledge that would suggest that such reliance is unwarranted.
(c) Non-Liability. An individual who performs the duties of a Director in accordance with this section will not be liable for any failure or alleged failure to discharge that person’s obligations as a Director, including, without limiting the generality of the preceding, any actions or omissions which are inconsistent with CCCA’ nonprofit purposes.
Section 14: Right to Inspect Records.
Every Director has a right at any reasonable time to inspect and copy all CCCA books, records and documents of every kind and to inspect CCCA’ physical property.
Section 15: Positions on Statewide Ballot Measures.
Notwithstanding any other provision of these bylaws, the CCCA Board may take a position on a statewide ballot measure by a 2/3rd vote of those Directors present.
Article VIII: Officers
Section 1: Identity.
The officers of CCCA are a President, a First Vice-President, and a Second VicePresident.
Section 2: Duties of CCCA Officers.
(a) President. The President presides at all CCCA Board meetings and all Annual and Special Meetings of the general membership. The President has such other powers and duties as may be prescribed by these bylaws or the CCCA Board.
(b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First Vice-President has such other powers and duties as may be prescribed by these bylaws or the CCCA Board. 9 (c) Second Vice-President. The Second Vice-President carries on the duties of the President in the President’s and First Vice-President’s temporary absence or incapacity. The Second Vice-President has such other powers and duties as may be prescribed by these bylaws or the CCCA Board.
Section 3: Election.
The CCCA Board elects the President, First Vice-President and Second Vice-President for terms of one year. The election occurs at the CCCA Board’s meeting at the Annual Meeting of the General Membership.
Section 4: Vacancies.
A vacancy in the office of President is filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President, is filled for the un-expired term by appointment by the CCCA Board of a member of the CCCA Board.
Section 5: Chief Executive Officer and CCCA Employees.
(a) Employment. The CCCA Board may select a Chief Executive Officer (CEO) who employs, or causes to be employed, such other persons as may be necessary who need not be CCCA members. The CEO and employees perform such duties and receive such compensation as the CCCA Board may from time to time prescribe.
(b) Specific Duties. The CEO performs or causes to be performed the following functions:
(1) Corporate Secretary. These duties include:
(i) Keeping a full and complete record of the proceedings of the CCCA Board; (ii) Giving such notices as may be proper and necessary; (iii) Keeping minute books for CCCA;
(iv) Communicating the CCCA Board’s actions to Member Cities; (v) Executing such instruments necessary to carry out Board directives and policies; and
(vi) Complying with other record-keeping and reporting requirements of California Nonprofit Corporation Law.
(2) Chief Financial Officer. These duties include:
10 (i) Having charge of and custody of and receiving, safeguarding, disbursing and accounting for all CCCA funds;
(ii) Depositing and investing such funds in such institutions and investments as approved by the CCCA Board;
(iii) Maintaining CCCA’ financial books and records; and (iv) Preparing and submitting such accounting and tax forms as may be required by local, state and federal law.
(c) Insurance. All employees handling the finances of CCCA shall be insured in such amount as the CCCA Board deems desirable or necessary, such insurance to be approved by the CCCA Board or a committee designated by the CCCA Board and the premiums paid by CCCA.
Article IX: Voting
Section 1: Quorum.
(a) In General. A majority of the members of the CCCA Board, committee or other kind of subsidiary body constitutes a quorum for the purpose of making decisions. (b) Annual Meeting. The presence, at the Annual Meeting, of voting delegates (or alternates) representing a majority of Member Cities, constitutes a quorum.
Section 2: Voting Methods.
(a) Annual Meeting. All voting in the annual meetings of the Member Cities of CCCA, is by voice vote.
(b) Alternative Methods. If the presiding official cannot determine the outcome of the voice vote or three or more Member Cities request, an alternative method of voting may be used.
An alternative voting method may be by any means (show of hands, written ballot, display of voting cards, etc.) which allows the presiding official to accurately determine the outcome of the vote.
(c) Roll Call Vote. A roll call may be demanded by representatives of ten percent or more of the voting body.
(d) Voting Cards. A voting card will be issued to each Member City’s designated voting delegate upon presentation of evidence of the delegate’s designation by the Member City. (e) Proxy Voting. Proxy voting is not allowed.
Section 3: Vote Threshold.
11 Except as otherwise provided in these bylaws, a majority vote of approval of those voting is necessary for decision.
Section 4: One City One Vote.
Except as otherwise provided, the representative of each Member City present and in good standing casts one vote. A majority of the votes cast is necessary for a decision.
Section 5: Mail Balloting.
In addition to voting at CCCA meetings, CCCA may solicit member input by mail ballot upon such terms and conditions as it may deem necessary, convenient, or appropriate.
Article X: Qualifications to Hold Office and Vacancies
Section 1: Eligibility to Hold Office.
(a) In General. Excepting the office of the CEO, no person shall be eligible to hold office in CCCA unless the individual is officially in city service in a Member City at the time of the person’s election or appointment.
(b) Length of Service. An individual who has occupied an elected CCCA Board office (as defined in Article VIII, section 1) for nine months (275 days) or more is ineligible to stand for election for that same office again.
Section 2: Vacancies.
(a) Vacancy Defined. A CCCA office becomes vacant when an individual resigns, misses three consecutive convened meetings or leaves city service. (b) Effective Date of Vacancy Caused by Leaving City Service. The effective date of a vacancy caused by a departure from city service is the date an individual ceases to occupy the same or comparable city office as the individual had when the individual was elected or appointed to the CCCA office. Upon written request of the individual, the CCCA Board may allow the individual to continue in the CCCA office for a period not to exceed 3 months from the effective date of the vacancy, which time period may be extended by the Board upon finding of good cause.
(c) Effective Date of Resignations. For the effective dates of resignations, see Article VII, section 7 (effective date of CCCA Board resignations).
(d) Filling Vacancies. Vacancies will be filled as provided in these bylaws; see Article VII, section 6 (filling CCCA Board vacancies).
(e) Successor Terms. An individual filling a vacancy serves the unexpired term of his or her predecessor.
12 Article XI: Finances
Section 1: Fiscal Year.
The fiscal year of CCCA is the calendar year.
Section 2: Budget.
(a) Preparation and Approval. Not less than fifteen days prior to the budget meeting of the CCCA Board, the CEO shall distribute to the Board a detailed budget describing the estimated revenues and expenditures for the ensuing budgetary period for the CCCA Board’s consideration and approval.
(b) Dissemination. Upon approval, a copy of CCCA’s budget shall be sent to each Member City.
Section 3: Limitation of Expenditures.
The CCCA Board may not incur indebtedness in excess of the estimated or actual revenues for the ensuing fiscal year, without the approval of a majority of CCCA’s Member Cities.
Section 4: Annual Audit.
CCCA’s accounts shall be audited by a certified public accountant after the close of each fiscal year.
Article XII: Prohibited Transactions
Section 1: Conflicts of Interest.
General Principle. Members of the CCCA Board as well as members of CCCA policy committees, and members of any standing or ad hoc committees and task forces consisting of members of the CCCA Board or CCCA policy committees, are expected to make decisions in the best overall interests of charter cities statewide, as opposed to narrow parochial, personal, or financial interests. This is analogous to city officials being expected to make decisions in the best overall interests of the community as opposed to narrow private or self-interests.
Section 2: Loans.
CCCA may not make any loan of money or property to, or guarantee the obligation of, any director or officer. This prohibition does not prohibit CCCA from advancing funds to a CCCA director or officer for expenses reasonably anticipated to be incurred in performance of their duties as an officer or director, so long as such individual would be entitled to be reimbursed for such expenses under CCCA Board policies absent that advance. 13 Section 3: Self-Dealing and Common Directorship Transactions. (a) Self-Dealing Transactions. A self-dealing transaction is a transaction to which CCCA is a party and in which one or more of its directors has a material financial interest. (b) Common Directorships. “Common directorships” occur when CCCA enters into a transaction with an organization in which one of CCCA’ directors also serves on the organization’s board.
(c) Pre-Transaction Approval. To approve a transaction involving either self-dealing or a common directorship, the CCCA Board shall determine, before the transaction, that (i) CCCA is entering into the transaction for its own benefit; (ii) The transaction is fair and reasonable to CCCA at the time; and (iii) After reasonable investigation, the CCCA Board determines that it could not have obtained a more advantageous arrangement with reasonable effort under the circumstances.
Such determinations shall be made by the CCCA Board in good faith, with knowledge of the material facts concerning the transaction and the director’s interest in the transaction, without counting the vote of the interested director or directors.
Section 4: Ethical Considerations.
These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a CCCA Director or policy committee member. If a Director or policy committee member believes that there are circumstances under which CCCA’s members might reasonably question the Director’s or policy committee member’s ability to act solely in the best interests of CCCA and its member cities, the prudent course is to abstain.
As an example, typically CCCA Directors should abstain from participating in decisions on legislation that would uniquely affect organizations for which they work. Another example is legislation that would uniquely benefit a Director’s city. Policy committee members should also consider abstaining in similar circumstances.
Article XIII: Miscellaneous
Section 1: Indemnification.
(a) Indemnity Authorized. To the extent allowed by California Nonprofit Corporation Law, CCCA may indemnify and advance expenses to its agents in connection with any proceeding, and in accordance with that law. For purposes of this section, “agent” includes directors, officers, employees, other CCCA agents, and persons formerly occupying these positions.
14 (b) Approval of Indemnity. An individual seeking indemnification shall make a written request to the CCCA Board in each case.
(i) Success on the Merits. To the extent that the individual has been successful on the merits, the CCCA Board will promptly authorize indemnification in accordance with California Nonprofit Corporation Law.
(ii) Other Instances. Otherwise, the CCCA Board shall promptly determine, by a vote of a majority of a quorum consisting of directors who are not parties to the proceeding, whether, in the specific case, the agent has met the applicable standard of conduct under California law, and, if so, will authorize indemnification to the extent permitted. (c) Advancing Expenses. To the extent allowed under California Nonprofit Corporation Law, the CCCA Board may authorize an advance of expenses incurred by or on behalf of an agent of this corporation in defending any proceeding prior to final disposition. The CCCA Board shall find that:
(i) the requested advances are reasonable; and
(ii) before any advance is made, the agent will submit a written undertaking satisfactory to the CCCA Board to repay the advance unless it is ultimately determined that the agent is entitled to indemnification for the expenses under this section.
Section 2: Insurance.
The CCCA Board may authorize the purchase of insurance on behalf of any agent against any liability asserted against or incurred by the agent in such capacity or arising out of the agent’s status as such, and such insurance may provide for coverage against liabilities beyond CCCA’s authority to indemnify an agent under law.
Section 3: Contracts and Execution of Instruments.
All contracts entered into on behalf of CCCA shall be authorized by the CCCA Board, or by the person or persons upon whom the CCCA Board confers such power from time to time.
Except as otherwise provided by law, every check, draft, promissory note, money order, or other evidence of indebtedness of CCCA shall be signed by the persons authorized to do so by the CCCA Board.
Section 4: Disposition of Assets Upon Dissolution.
CCCA’s properties and assets are irrevocably dedicated to the fulfillment of CCCA’s purposes as described in Article II. No part of CCCA’s net earnings, properties and assets, on dissolution or otherwise, may inure to the benefit of any private person. On liquidation or dissolution, CCCA’ net assets shall be distributed to CCCA’s Member Cities consistent with the 15 provisions of the California Nonprofit Corporation Law relating to mutual benefit corporations then in effect.
Section 5: Parliamentary Authority.
Subject to the provisions of these bylaws and applicable law, Robert’s Rules of Order or other such parliamentary rules as may be adopted by the CCCA Board shall prevail at all meetings of CCCA, the CCCA Board, and in all subsidiary groups.
Section 6: Seal.
The CCCA Board may adopt a suitable seal for CCCA. The seal may be affixed to corporate instruments, but any failure to affix it does not affect the instrument’s validity.
Section 7: Governing Law.
In all matters not specified in these bylaws, or in the event these bylaws are inconsistent with applicable law, the provisions of California Nonprofit Corporation Law then in effect apply.
Section 8: Litigation Authority.
Member Cities authorize CCCA to initiate or respond to litigation on their collective behalf when the CCCA Board determines such litigation is necessary to protect Member Cities’ shared vital interests.
Article XIV: Amendments
Section 1: Consideration.
These bylaws may be amended by CCCA’s Member Cities at an Annual Meeting or by a mail ballot to Member Cities.
Section 2: Vote Threshold.
A two-thirds vote of approval of those voting is necessary to amend these bylaws.
Section 3: Who May Propose.
Amendments may be proposed by the CCCA Board or by petition of ten percent of Member Cities. The proponent may specify whether the amendment is to be considered at the Annual Meeting or by mail ballot.
Section 4: Board Review.
16 Any amendment proposed by petition shall be submitted to the CCCA Board in writing for its review. The CCCA Board’s recommendation and reasons following its review shall accompany all materials relating to the proposed amendment.
Section 5: Procedure for Consideration at Annual Meeting. (a) Notice. The meeting notice shall include notice of any proposal to amend CCCA’ bylaws, along with the subject of the proposed amendment(s). (b) Consideration by Member Cities. The proposed amendment, along with any action by the CCCA Board pursuant to section 4 of this Article, shall be considered by the Member Cities along with any resolutions presented.
Section 6: Effective Date.
After approval, amendments go into effect after the expiration of the protest period unless otherwise specified in the amendment.
Section 7: Protest and Suspension until Next Annual Meeting.
If, within sixty days after the adoption of any amendment, one-third or more of the Member Cities submit a written protest against such amendment, the amendment is automatically suspended until the next Annual Meeting, when it may be taken up again for reconsideration and vote.
Item No. 13.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Consideration of Appointment to the Parks & Leisure Services Commission SOURCE: Administrative Services
COMMENT:
The Parks & Leisure Services Commission currently has four Commissioners with terms set to expire at the end of October 2025:
• Kieran Daly
• Catherine Capone
• Diane Graybehl
• Janet Uresti
Commissioners Kieran Daly, Diane Graybehl, and Janet Uresti have each fulfilled their second consecutive term limits and are no longer eligible to serve on the Commission, resulting in three vacancies. Commissioner Catherine Capone has submitted a Request for Reappointment to the Commission.
The Parks & Leisure Services Commission serves in an advisory capacity to the City Council on matters concerning Parks and Leisure Services and is comprised of eight (8) members with staggered four (4)-year terms. To be eligible for appointment, individuals must reside within the City of Porterville and represent a cross-section of the community. The Commission currently meets on the first Thursday of each month at 5:30 p.m. at City Hall.
Staff will advertise the vacant positions and solicit applications from interested Item No. 13.
individuals to fill the remaining vacancies.
RECOMMENDATION: That the City Council consider the re-appointment of Cathy Capone to the Parks & Leisure Services Commission to serve a four-year term to expire October 2029.
ATTACHMENTS: 1. Request for Appointment: Catherine Capone Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 14.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Reappointment and Appointment to the Library and Literacy Commission SOURCE: Administrative Services
COMMENT:
The Library and Literacy Commission consists of seven members who advise the City Council on policies, programs, and activities related to the City’s library and literacy services.
There are currently four members serving on the Commission with terms expiring at the end of October 2025: Sonya Lopez, Susan Uptain, Fernando Serrano, and Kim Baumgardner. Commissioner Sonya Lopez has expressed interest in continuing to serve on the Commission and has submitted a Request for Reappointment for Council's consideration. Commissioner Kim Baumgardner has notified staff that she will not be seeking reappointment, while Commissioners Fernando Serrano and Susan Uptain have not yet informed staff of their intentions to continue serving. The City Clerk’s Office has also received one new application from Obdulia Alvarado for appointment to the Commission.
Staff recommends the following actions to maintain quorum and continuity of Commission operations. Staff will continue advertising the remaining vacancies and will return to City Council with additional recommendations as applications are received.
RECOMMENDATION: That the City Council:
1. Reappoint Sonya Lopez to the Library and Literacy Commission for a term expiring October 31, 2028; and
2. Appoint Obdulia Alvarado to the Library and Literacy Commission for a term expiring October 31, 2028.
ATTACHMENTS: 1. Request for Appointment: Sonya Lopez
2. Request for Appointment: Obdulia Alvarado
Item No. 14.
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 15.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores, in conjunction with Acting City Manager Patrice Hildreth, declared the existence of a local emergency within the City of Porterville. This declaration was made pursuant to Chapter 9 of the Porterville Municipal Code and in response to a series of storm systems impacting the Porterville area, increasing flows in the Tule River and posing a significant threat to life and property. The City Council ratified the declaration at its Special Meeting on March 17, 2023, in accordance with the California Emergency Services Act (Government Code § 8558 et seq.). Per State requirements, the declaration must be renewed every sixty (60) days to remain in effect. At its most recent meeting on October 7, 2025, the Council renewed the emergency declaration.
Staff continues to work with FEMA to resolve outstanding claims and identify a timeline and path forward. In an effort to reduce the size of the agenda binder while still keeping the Council informed, staff is including only the most current Armory Census as an attachment to this report. Once the declaration of local flood emergency is officially concluded, and in coordination with FEMA guidance, staff will prepare a final close-out report that includes all supporting documentation and attachments currently on file.
Chronology of Emergency Response Actions:
• March 10–19, 2023: Tulare County Sheriff and City officials issued a series of evacuation warnings and mandatory orders due to rising water levels and flood threats, including areas near Success Lake, River Springs Drive, and Rio Vista Avenue.
• March 13, 2023: The City declared a Local Emergency.
• March 15–25, 2023: City Public Works performed extraordinary flood mitigation efforts. Evacuation orders were adjusted based on river activity.
• March 17, 2023: The City Council ratified the emergency declaration. • April 11, 2023: The Temporary Evacuation Point (TEP) and Emergency Shelter relocated from Porterville College to the Porterville Armory.
Item No. 15.
• April 14–May 5, 2023: The City and County executed an MOU to continue Armory TEP operations without Cal OES funding. • May 5, 2023: The City assumed full operational and financial responsibility for the Armory site.
• May 16, 2023: The Council approved a one-year no-cost license agreement for exclusive use of the Armory.
• April–July 2023:
o Council approved emergency expenditures including water rescue equipment, mobile ADA-compliant restrooms, and flood mitigation services.
o Due to contract violations, TopKnotch Security was terminated and replaced by Good Guard Security for ongoing Armory safety services.
• State and Federal Declarations:
o Governor Newsom issued Executive Orders N-6-23, N-7-23, and N-10-23 to support flood response and recovery.
o President Biden’s Major Disaster Declaration (April 3, 2023) activated federal recovery funding; FEMA formally closed the incident period on July 10, 2023.
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. Armory Census Stats
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 16.
CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Public Hearing for Consideration of Adopting A Mitigated Negative Declaration and A Mitigation Monitoring And Reporting Program For, and Approving, The Hope Elementary School Water System Improvement Project SOURCE: Community Development
COMMENT: Hope Elementary School, located east of the intersection of South Indiana Street and West Teapot Dome Avenue and south of the City, is served by a single active well that is in exceedance of acceptable maximum contaminant levels for nitrate. As a result, Hope Elementary School now seeks to consolidate with the City’s existing water system. To do this, new water mains connecting the school to the City’s water system would be constructed along South Indiana Street and West Teapot Dome Avenue. Additionally, at the school site, a 4-inch service connection and water meter would be installed, providing the school with the ability to use the new water main for domestic water use, irrigation, and fire flow. A water tank existing on-site would be removed, and the existing well would be destroyed. In total, the Project would:
• Construct approximately 6,550 linear feet (LF) of 12-inch water main along South Indiana Street from West Teapot Dome Avenue to West Scranton Avenue, connecting to City facilities on West Scranton Avenue;
• Construct approximately 5,300 LF of 12-inch water main along West Teapot Dome Avenue from the frontage of Hope Elementary School to Newcomb Street, connecting to City facilities in Newcomb Street; • Jack and bore approximately 300 LF of 12-inch water main under State Route (SR) 65 along the project alignment along the route to Newcomb Street;
• Install a 4-inch service connection at Hope Elementary School; • Install a 4-inch backflow preventer at Hope Elementary School; • Install a water meter and box at Hope Elementary School; • Remove an existing water tank at Hope Elementary School; • Result in destruction/abandonment of the existing well at Hope Elementary School;
• Install fire hydrants at least every 500 feet along the proposed water main alignment, except where no structure is present; and Item No. 16.
• Result in approximately 1,100 LF of dead end main along West Teapot Dome Avenue from South Indiana Street to Hope Elementary School.
Dead end mains are those which are not connected to another part of the water system.
ANALYSIS: The proposed Project is consistent with the goals, policies and land use designation of the Porterville 2030 General Plan and the Tulare County General Plan. The Porterville 2030 General Plan designates the site as Education as is supported by the PS (Public and Semi-Public) zoning. The Project area is fully developed with a public school and consistent with the land uses allowed by the General Plan.
The water consolidation project would provide Hope Elementary School with a consistent and reliable source of water, as water produced by the existing well has been found to have nitrate levels higher than the regulatory maximum contaminant level. All water supplied as a result of Project completion would come from the City of Porterville and would meet current water quality standards as required by the Storm Water Pollution Prevention Plan. The implementation of the Project would not impede sustainable groundwater management of the San Joaquin Valley Tule Subbasin, nor would it substantially decrease groundwater supplies. As part of the Project, the existing Hope Elementary well would be abandoned and would no longer be drawing water out of the groundwater basin. While the new connections would be new users of the City’s water system, they would not be new users to the groundwater basin. Therefore, the consolidation of the school’s well into the City’s water system would assist with a permanent solution for water for the school. No other connections to the extended water system are proposed at this time. The attached Mitigation Monitoring and Reporting Program shall be adopted and implemented as part of the project approval.
Environmental Review:
On March 5, 2024, the Environmental Coordinator made a preliminary determination that a Mitigated Negative Declaration would be appropriate for the proposed consolidation project in light of the studies prepared and with implementation of defined mitigation measures related to Biological Resources. The Initial Study and proposed Mitigation Measures have been transmitted to interested agencies, groups, and individuals for a 30-day review period from September 12, 2025, through October 12, 2025. At the time of writing the staff report, no comments had been received.
RECOMMENDATION: That the City Council:
1. Hold the noticed Public Hearing to receive public testimony regarding the proposed project; and
2. Adopt the draft resolution, adopting the IS/MND and
Item No. 16.
Mitigation Monitoring and Reporting Program and approving the water consolidation project.
ATTACHMENTS: 1. Draft Resolution
2. Draft Initial/Study/Mitigated Negative Declaration (ISMND)
3. Locator Map
4. General Plan Land Use Map
5. Zoning Map
6. Chapter 5 of Draft ISMND - Mitigation Monitoring and Reporting Program
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk