Porterville City Council
November 18, 2025

City Council Agenda November 18, 2025

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 18, 2025, 5:30 PM
The City of Porterville provides access to view city council meetings electronically. Please note that this service is offered as a courtesy and may not always be accessible to the public. To ensure the opportunity to participate in public comments and scheduled public hearings, individuals must attend in person.

This meeting will be available for viewing via YouTube at https://www.youtube.com/@cityofporterville4149
Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 243-330-022. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Michael L. McElhany & M Cherry (TRS). Under Negotiation: Terms and Price.

2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 245-010-091. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Ben Ennis. Under Negotiation: Terms and Price.

3 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 245-010-049. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Pam Coons. Under Negotiation:

Terms and Price.
4 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-018-001. Agency Negotiator: Richard City Council Agenda November 18, 2025

Tree. Negotiating Parties: City of Porterville and Dr. Wilson Park. Under Negotiation:

Terms and Price.
5- Government Code Section 54956.95 – Liability Claim: Claimant: Sarai Robles. Agency claimed against: City of Porterville.

6 - Government Code Section 54956.9(d) (2) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Six (6) Cases: 1) Five cases in which facts are not yet known to potential plaintiff, and 2) Letter from Attorney Brent McManigal dated 10/02/2025.
7 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) Cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Rivas
Invocation

PRESENTATIONS
Recognition of St. Anne’s School 100th Anniversary

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

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

I. City Commission and Committee Meetings

1. Animal Control Commission - November 13, 2025

2. Youth Commission - November 12, 2025
II. Staff Informational Reports

1. Fall 2025 Community Clean-Up and Disposal Event Results City Council Agenda November 18, 2025

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorization to Advertise Request for Proposals for the Council Chambers Renovation Project
Re: Consideration to advertise Request for Proposals for the Council Chambers Renovation Project located at 291 N. Main Street.

2. Award of Permanent Local Housing Allocation (PLHA) Year 3 Unsubscribed Funds Re: Considering award of PLHA Year 3 funds to Central California Family Crisis Center in the amount of $31,813.45 for Emergency Shelter and Bridge Housing Operations and $8,101.57 for Permanent Supportive Housing (PSH) Operations; Family Services of Tulare County in the amount of $7,710.00 for PSH Operations; and Kings View in the amount of $31,813.46 for Emergency Shelter and Bridge Housing.

3. Authorization to Award Contract – Fire Station 72 Addition and Remodel Project Re: Council to consider award of construction contract to 4C Global, Inc. (dba 4Creeks Build) for the Fire Station 72 Addition and Remodel Project located at 500 N. Newcomb Street, and authorization of related project funds and budget reallocations.

4. Acceptance of Project - Henrahan Street Reconstruction Project Re: Considering acceptance of the Henrahan Street Reconstruction Project located on Henrahan Street, between E. Grand Avenue and E. Morton Avenue, as complete; and authorization to return $425,614.81 in unused Measure I funds to the Measure I fund balance for future eligible transportation projects.

5. Authorization of Additional Project Funds for the Charging Station Replacement Project Re: Consideration of additional project funds in the amount of $126,000 for the Charging Station Replacement Project to cover sales tax, freight, performance bond, and engineering costs funded by existing grant funds.

6. Approval of a 90-Day Extension of the Option to Purchase and Sale Agreement with SelfHelp Enterprises Re: Consider approval of a 90-day extension of the Option to Purchase and Sale Agreement with Self-Help Enterprises for City-owned property located at Springville Avenue and Jaye Street (APN 260-300-034).

7. Consideration of Appointment of CalTIP Board Member and Alternates Re: Appointment of staff members to serve as Board Member and Alternates to represent the City of Porterville on the California Transit Systems Joint Powers Authority.

8. 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.

City Council Agenda November 18, 2025

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

PUBLIC HEARINGS

9. Adoption of the 2025 California Building Codes
Re: Public Hearing to receive public testimony and consider the first reading of Ordinances adopting the 2025 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Historical Buildings, Existing Buildings, Referenced Standards, and Wildland Urban Interface Codes.

10. Consideration of Revocation of Business License for a Home Occupation Permit Re: Public hearing to consider revocation of the business license for a Home Occupation Permit for the property located at 1910 W. Putnam Avenue due to continued noncompliance with permit conditions.

SECOND READINGS

11. Second Reading - Ordinance No. 1920, Amending Chapter 12, Article 1 of the Code of the City of Porterville, Adopting by Reference the 2025 Edition of the California Fire Code Re: Adoption of an ordinance amending Chapter 12, Article 1 of the code of the City of Porterville, adopting by reference, the 2025 Edition of the California Fire Code published by the International Code Council.

SCHEDULED MATTERS

12. Consideration to Participate in Community Water Center Feasibility Study Re: Consideration for the City of Porterville to participate in the Community Water Center Feasibility Study and to execute a Letter of Interest with the Community Water Center.

13. Consideration of Amendments to the City Council Procedural Handbook Re: Consider the adoption of Draft Resolution amending the City Council Procedural Handbook to revise the Order of Business, update Appendix F (Social Media Policy), and clarify Section F regarding Council Member meetings with members of the public.

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

1. Local initiatives Navigation Center Committee (LINC) - November 5, 2025

2. Mighty 190 Committee Meeting - November 10, 2025

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

City Council Agenda November 18, 2025

ADJOURNMENT - to the meeting of December 2, 2025, at 5:30 p.m.

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

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

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: 1. Fall 2025 Community Clean-Up and Disposal Event Results SOURCE: Transportation
COMMENT: The City of Porterville conducted its semiannual Community Clean-Up and Disposal Event on Saturday, October 18, 2025, as part of the City’s ongoing commitment to promoting community pride, environmental stewardship, and responsible waste management practices.

The event was held at the City’s Corporation Yard and provided residents an opportunity to properly dispose of household waste, green waste, construction debris, metals, and electronic waste. A total of 633 vehicles participated throughout the day, resulting in the following collected materials:

General Trash 231 loads
Wood 86 loads
Green Waste 69 loads
Construction Debris 17 loads
Scrap Metal 116 loads
Mattresses/Box Springs 130 units
Electronic Waste 89 loads
The total solid waste hauled was 88.02 tons, and 34.6 tons of recyclable materials were diverted through certified recycling partners.

The event was well received, achieving strong community participation and diverting a significant volume of recyclable materials from the landfill. The Transportation Department extends its appreciation to City staff, volunteers, and partner agencies who contributed to the safe and efficient operation of the event.

The Community Clean-Up and Disposal Event continues to reflect the City’s commitment to providing accessible waste reduction programs and advancing its long-term sustainability goals. The next event is scheduled for Spring 2026.

RECOMMENDATION: Informational Only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 1.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Authorization to Advertise Request for Proposals for the Council Chambers Renovation Project
SOURCE: City Manager's Office
COMMENT: On October 21, 2025, the City Council approved an amendment to the Capital Improvement Plan (CIP) establishing the Council Chambers Renovation Project and reallocating $50,000 from the City Hall Fitness Center Upgrade Project to fund the renovation. The project aims to modernize the Council Chambers to improve functionality, accessibility, and professional presentation while preserving its civic and historical character.

The renovation will include removal and replacement of existing high-pressure laminate (HPL) finishes on the dais and staff boxes, fabrication and installation of brushed aluminum letters spelling “E PLURIBUS UNUM,” removal and replacement of wallpaper, and installation of a height-adjustable podium. The project will retain the established design theme of “Bringing American History to Life.”
To ensure qualified participation, staff has prepared the attached draft Request for Proposals seeking bids from experienced contractors licensed in cabinet, millwork, and finish carpentry. The RFP outlines detailed project specifications, contractor qualifications, insurance requirements, and evaluation criteria.

The proposed RFP schedule is as follows:
• RFP Issuance: November 25, 2025
• Deadline for Questions: December 16, 2025
• Proposal Due Date: January 6, 2026
• Anticipated Council Award: January 20, 2026 or soon thereafter The project budget remains at $50,000, as approved in the CIP amendment, from the General Fund. The improvements will be completed within this budget and managed by City staff to ensure consistency with City standards and fiscal efficiency.

Item No. 1.

RECOMMENDATION: That the City Council:

1. Authorize staff to advertise Request for Proposals for the Council Chambers Renovation Project; and

2. Authorize the City Manager, or designee, to take such actions as necessary to implement the RFP process and return to the City Council with a recommendation for award.

ATTACHMENTS: 1. Draft Request for Proposals
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
Council Chambers Renovation
Submit Questions or Comments by
December 16, 2025, by 2:00 P.M.

RFP SUBMITTAL DEADLINE
January 6, 2026, by 2:00 P.M.
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CITY OF PORTERVILLE REQUEST FOR PROPOSALS FOR COUNCIL CHAMBERS RENOVATION The City of Porterville is requesting proposals from qualified contractors for the Council Chambers Renovation Project, located at 291 N. Main Street, Porterville, CA. The project includes removal and replacement of existing high-pressure laminate (HPL) finishes on the dais, half-walls, and staff boxes; removal of the existing Clerk’s countertop; fabrication and installation of new brushed stainless-steel letters spelling 'E PLURIBUS UNUM'; removal of existing wallpaper and installation of new City-selected wallpaper; and fabrication and installation of a new heightadjustable podium that matches the installed HPL finish.

Project Description
The Council dais and associated millwork consist of multiple sections and surfaces to be refinished for a cohesive and modernized appearance. The dais section is approximately 42 inches high by 330 inches wide. Each left and right dais side box is approximately 42 inches high by 108 inches wide. The center half-wall in front of the dais is approximately 42 inches high by 180 inches wide.

The scope of work shall include removal of the existing Clerk’s countertop, removal of all existing HPL and wallpaper, installation of new Wilsonart HPL, as directed by the City, with proper substrate preparation, installation of 8-inch brushed aluminum letters with satin gold finish spelling 'E PLURIBUS UNUM', wallpaper replacement as directed by the City, and fabrication of a height-adjustable podium matching the new dais finish.

The budget for the project is $50,000.

Contractor Requirements
Contractors must hold a valid California C-6 Cabinet, Millwork, and Finish Carpentry license or equivalent; demonstrate at least three (3) years of experience in HPL and interior finish installations; provide at least two (2) references for similar civic or institutional projects; maintain required insurance; and obtain a City of Porterville Business License before starting work. 3 | Page
Front View of Dais
Right Staff Box
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Left Staff Box
Half Wall and Podium Area
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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.

Preliminary Timeline
RFP Announced November 25, 2025
Deadline for RFP Questions December 16, 2025
Proposals Due January 6, 2026
Council Approval January 20, 2026 or soon thereafter
Project Specifications
High Pressure Laminate (HPL) Specification
Wilsonart HPL Finish Work

1. General Requirements
Contractor shall furnish and install new high-pressure laminate (HPL) finishes on the Council dais, side boxes, half-wall, and staff boxes in the City Council Chambers. All HPL materials, adhesives, and installation methods shall conform to manufacturer’s recommendations and AWI (Architectural Woodwork Institute) Quality Standards for interior architectural millwork.

The City will make the final determination of the selected HPL color, pattern, and finish based on physical samples submitted by the Contractor for review and approval prior to fabrication.

2. Material Specifications
• Manufacturer: Wilsonart, Inc. (or City-approved equal meeting performance and aesthetic standards)
• Proposed Product: Warehouse Oak 7969K-35, Fine Velvet Texture (-35) • Thickness: 0.039 inch (nominal)
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• Composition: High-pressure decorative laminate consisting of melamineimpregnated decorative surface and phenolic resin core layers, pressed under high temperature and pressure to meet NEMA LD 3 standards. • Finish: Fine Velvet Texture (-35) or other texture approved by the City. • Core Substrate: ¾-inch MDF or plywood substrate as required to match existing millwork profiles.

3. Color and Finish Selection
• The City of Porterville shall have final authority over the selection of the specific Wilsonart color, finish, and pattern prior to ordering materials. • Contractor shall provide two (2) physical HPL samples representing the proposed product, along with optional comparable alternatives for City review. • No substitutions or color changes shall be made without written approval from the City.

4. Installation Requirements
• Remove all existing laminate and adhesive residues from substrate surfaces. • Prepare substrate to be smooth, clean, and free of oil, dust, and defects before adhesive application.
• Apply contact adhesive uniformly to both substrate and back of HPL per manufacturer’s instructions.
• Allow adhesive to dry to proper tack before bonding, using a pressure roller to ensure full contact and eliminate air pockets.
• Align HPL sheets for consistent grain direction and visual continuity across all panels and corners.
• Trim edges cleanly, file smooth, and remove all burrs and sharp corners. • Install matching backer sheets on concealed faces to balance construction and prevent warping.

5. Quality Assurance
• All laminate shall be installed by personnel experienced in HPL fabrication and installation, under the supervision of a qualified finish carpenter. • Work shall be completed to a high-quality architectural finish standard, free of bubbles, delamination, uneven seams, or surface defects. • Seams shall be tight, flush, and inconspicuous when viewed from normal standing distance.
• All exposed edges and corners shall align evenly with adjacent panels.

6. Cleaning and Protection
• After installation, clean all laminated surfaces with a non-abrasive cleaner approved by the manufacturer.
• Protect finished surfaces from damage until project acceptance by the City. 7 | Page
Dimensional Metal Lettering
“E PLURIBUS UNUM”

1. General Requirements
Contractor shall furnish and install dimensional metal lettering spelling “E PLURIBUS UNUM” on the front face of the Council dais as described in the Project Scope. Letters shall be precision-fabricated aluminum with a brushed satin gold finish, designed for permanent interior architectural installation.

All work shall conform to industry standards for dimensional signage and shall be installed level, evenly spaced, and securely fastened per manufacturer recommendations.

A sample of acceptable product quality and fabrication style may be viewed at the following link: https://www.bannerbuzz.com/aluminum-letters-and-numbers/p This reference is provided for visual quality and construction type only. Equivalent or superior products meeting these specifications will be accepted.

2. Material and Fabrication
• Material: Aluminum, alloy 5052 or 6061, suitable for interior architectural applications.
• Finish: Brushed satin gold, factory-applied with clear protective coating to resist oxidation and fingerprints.
• Letter Height: 8 inches.
• Letter Thickness: 2/5 inch (0.40").
• Typeface: Arial Bold (or City-approved equivalent).
• Mounting Method: Stud-mounted with concealed hardware and clear silicone adhesive, flush to surface unless otherwise directed.
• Studs: Minimum 3/16-inch diameter, welded or press-fit stainless steel. Stud length shall be adequate to achieve full embedment in substrate per manufacturer’s installation details.
• Backer/Spacers: Use non-corrosive plastic or stainless spacers as required to ensure consistent projection and alignment.

3. Layout and Placement
• Location: Centered horizontally on the 42-inch-high × 180-inch-wide (15-foot) center section of the dais front panel.
• Alignment: Baseline of text to be set for even visual centering within the panel height, typically positioned at one-third of the panel height from the top edge. • Letter Spacing: Uniform kerning and consistent baseline alignment using manufacturer’s full-size installation template.
• Verification: Contractor shall submit scaled shop drawings indicating letter layout, 8 | Page
spacing, and mounting details for City approval prior to fabrication.

4. Installation Requirements
• Verify surface flatness and substrate integrity prior to installation. • Drill holes forstud mounts precisely using manufacturer-provided template; clean holes and remove dust prior to adhesive application.
• Apply non-staining, clear silicone adhesive to each stud prior to insertion. • Set letters in position, check level and spacing, and secure in place using removable painter’s tape until adhesive cures.
• Remove all excess adhesive immediately and clean the finished surface with a non-abrasive cleaner approved for metal finishes.

5. Quality Assurance and Warranty
• Fabricator shall have a minimum of five (5) years of experience producing dimensional metal letters of similar scope.
• All lettering shall be free from visible seams, weld marks, or finish inconsistencies when viewed from six feet under normal lighting.
• Manufacturer shall provide a minimum five-year warranty covering defects in materials, finish, and fabrication.

Wallpaper and Wallcovering Installation

1. General Requirements
Contractor shall remove the existing wallpaper throughout the City Council Chambers and install new commercial-grade wallcovering selected by the City of Porterville.

All materials and installation shall comply with manufacturer’s specifications and current industry standards established by the Wallcoverings Association (WA) and ASTM F793 – Classification of Wallcoverings by Use Characteristics.

The final wallpaper selection shall be determined by the City of Porterville following submittal of sample options by the contractor.

2. Material Specifications
• Type: Type II commercial-grade vinyl wallcovering, minimum weight 20 oz. per lineal yard.
• Backing: Fabric or non-woven backing suitable for adhesive application over prepared drywall.
• Width: 52 to 54 inches nominal.
• Color/Pattern: To be selected by the City of Porterville. Contractor shall provide a minimum of three (3) sample options for review and approval. • Finish: Smooth or lightly textured surface, washable, with low-gloss finish appropriate for a civic setting.
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• Fire Rating: ASTM E84, Class A flame spread and smoke development. • Adhesive: Strippable, clay-based, or clear adhesive recommended by wallcovering manufacturer for substrate conditions.

3. Surface Preparation and Installation
• Remove all existing wallpaper, backing, and adhesive residue completely. • Repair, patch, and sand wall surfaces to a smooth, uniform finish. • Apply wall primer/sealer compatible with the selected adhesive prior to installation.
• Install new wallpaper with vertical seams plumb and tight, pattern-matched, and edges butted smoothly without overlap.
• Avoid air bubbles, wrinkles, and visible adhesive residue. • Ensure seams are tight and free of gaps, lifting, or curling.

4. Cleaning and Protection
• Clean all finished surfaces of adhesive residue immediately after installation. • Protect all adjacent finishes, trim, and electrical outlets during installation. • Protect installed wallcovering from damage until project acceptance by the City.

5. Quality Assurance
• Work shall be performed by experienced wallcovering installers with at least three (3) years of experience in commercial applications.
• Installation shall be uniform in appearance, free from visual defects when viewed under normal lighting from a standing position.

Height Adjustable Podium

1. General Requirements
Contractor shall furnish and install one (1) height-adjustable podium in the Council Chambers that is fully compatible with the aesthetic of the renovated dais and surrounding millwork. The podium shall be designed for professional presentation use in a municipal council setting and must match the installed high-pressure laminate (HPL) finish on the dais.

A sample of a suitable unit is the “Counselor Lift” adjustable height lectern by PodiumStop.

2. Material & Finish
• Fabricated substrate: Wood composite, hardwood or equivalent structural quality suitable for millwork finish.
• Surface finish: HPL wrap in Wilsonart Warehouse Oak (7969K-35) matching the dais finish, Fine Velvet Texture (-35).
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• Work surface and panel faces to be matched for color, grain direction, and sheen with the dais finish.
• All visible trim and hardware shall be in a finish compatible with the dais metal accents (e.g., brushed satin gold or fine bronze).

3. Dimensions & Features
• Adjustable height range: approximately 39″ to 54.75″ overall height, work surface elevating as appropriate.
• Width approximately 26.5″, depth approximately 22″ (or similar structural footprint per product selected) to allow adequate presence without dominating the dais area.
• Features:
o Electric or manual height adjustment mechanism (contractor to specify) o Modesty panel front face
o Cable access grommets or conduit access for microphone, power, and data lines
o Locking casters or stable base to provide mobility yet security in position • Structural and finish integrity: podium to be stable, level, and fully integrated with the Council Chambers floor finish and dais area.

4. Installation Requirements
• Contractor must coordinate placement of podium in front of the dais, ensuring positioning does not obstruct primary sight lines or architectural details. • Verify final height and configuration in coordination with City staff, giving allowance for seated and standing presenters.
• All electrical/power/data work (if required) shall be coordinated with City’s technology/IT staff and comply with applicable codes.
• Finish shall be protected until final acceptance by the City; any damage, scuffs, or mismatches must be repaired or replaced prior to final project acceptance.

5. Quality Assurance & Warranty
• Manufacturer or vendor shall have a minimum of three (3) years of experience supplying height-adjustable podiums for institutional or civic use. • Contractor shall provide warranty coverage for a minimum of one (1) year for the podium mechanism, finish integrity, and installation workmanship. • Podium shall arrive as a factory-prefinished unit or fabricated piece verified to match the dais finish before installation.

Proposal Requirements
Proposals shall include a cover letter and company qualifications, a detailed scope of work, proposed project schedule, itemized cost proposal, and list of references. 11 | Page
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.

Insurance Requirements
The City will require the selected contractor to obtain and maintain, at contractor’s sole cost and expense, insurance coverage as outlined in the attached Sample Contractor Services Agreement (Exhibit A).

The selected contractor 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 Agreement for Construction and Installation Services (Exhibit A).

The selected contractor shall file certifications of this insurance, including all applicable endorsements, with the City prior to commencement of its performance under this agreement.

The contractor must maintain adequate levels of insurance throughout the duration of the agreement.

Indemnity and Harmless Clause
The City will require the selected contractor 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 contractor's services, in accordance with the indemnity language included in the Sample Contractor Services Agreement (Exhibit A).

Ineligible Bidders
Each contractor 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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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.

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.

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 Scope and Approach 25
Experience and Qualifications 25
Proposed Materials and Product Quality 20
Project Schedule 10
Cost Proposal 15
Reference and Past Performance 5
Subtotal 100
Local Firm* 5
Total Possible Points (RFP) 105
* 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 13 | Page
the criteria above.

3. Final Selection: Following evaluation and interviews, the committee will recommend the firm that best meets the City’s needs.

4. 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 CONSTRUCTION AND INSTALLATION 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 "Contractor". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SCOPE OF SERVICES. Contractor agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Contractor shall perform all of these services to the satisfaction of the City. Contractor 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 CONTRACTOR. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

Contractorshall 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 Contractor to perform its duties under this Agreement.

3. CONTRACTOR KNOWLEDGE OF APPLICABLE LAWS. Contractorshall 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. Contractorshall 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 Contractorto comply with thissection.

4. PERSONNEL. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalfof Contractor shall at all times be under Contractor’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 Contractor or any of Contractor’s officers, employees or agents, except as set 15 | Page
forth in this Agreement.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor may have to any such rights.

5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Contractor 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 Contractor’s fees, it shall give written notice to Contractor in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

6. ADDITIONAL SERVICES OF CONTRACTOR. Contractor 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. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said additionalservices.

7. ASSIGNMENT. The expertise and experience of Contractor 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 Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer any of portion this Agreement or the performance of any of Contractor’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. Contractor 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. Contractor 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. Contractor 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 16 | 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, Contractor 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 Contractor 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, Contractor 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 Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor 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. Contractor, 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 Contractor gives City notice of such court order or subpoena.

If Contractor or any of its officers, employees, Contractors or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Contractor for any damages caused by Contractor's conduct, including the City's attorney's fees.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, 17 | 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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. Contractor covenants that neither Contractor nor any officer or principal of Contractor'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. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by Contractor as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Contractor'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 Contractor 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. Contractor 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 Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractorfor any work performed after the date of default and may terminate this Agreement immediately by written notice to the Contractor. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.

15. INDEMNIFICATION. To the fullest extent permitted by law, CONTRACTOR 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 CONTRACTOR’s performance of its obligations under this agreement or out of the operations conducted by CONTRACTOR, 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 CONTRACTOR’s performance of this agreement, CONTRACTOR 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. 18 | Page
If pursuant to this agreement, CONTRACTOR 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. 19 | Page
B. A design professional who is a party to a written design-build joint venture agreement.

16. INSURANCE. The Contractor 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 Contractor 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. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.

D. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. 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 Contractor'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 Contractor, its officers, officials, employees or volunteers shall be excess of the Contractor'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, its officers, officials, employees or volunteers.

4. The Contractor'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.
20 | Page

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.

F. Contractor 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 Contractor'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. Contractor 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, Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Contractor 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, Contractor 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 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 21 | Page
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 Contractor 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 Contractor. 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 Contractor 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 Contractor 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 Contractor
Attention: Attention: Contractor Contact
City of Porterville Contractor Name
291 N Main St. Contractor Mailing Address
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.
22 | Page

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 Contractor Name
__________________________ __________________________
Greg Meister, Mayor Name, Title
23 | Page

EXHIBIT B

CITY OF PORTERVILLE

NON-COLLUSION DECLARATION
(Public Contract Code Section 7106)
PROJECT: Council Chambers Renovation
RFP No.: 25/26-SR2011

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. 24 | Page

EXHIBIT C

CITY OF PORTERVILLE

DEBARMENT AND SUSPENSION CERTIFICATION
(TITLE 49, CFR PART 29)
The Contractor, 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: _________________________________________________ 25 | Page

EXHIBIT D

CITY OF PORTERVILLE

ACKNOWLEDGMENT OF ADDENDA
PROJECT: Council Chambers Renovation
RFP No.: 25/26-SR2011

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. 2.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Award of Permanent Local Housing Allocation (PLHA) Year 3 Unsubscribed Funds
SOURCE: Community Development
COMMENT: On February 23, 2023, the City received an executed agreement for the 2021 (Third Year) PLHA funding in the amount of $586,270.00, totaling $1,461,769 for the first 3 years of a 5-year PLHA Plan. To date, $506,831.52 of Year 3 funds have been awarded for activities that assist persons who are experiencing or at risk of homelessness, leaving $79,438.48 in unsubscribed funds.

At its meeting on October 7, 2025, the Council authorized staff to distribute a Request for Proposals (RFP) for that remaining unsubscribed funds for the third year funds. To be consistent with the adopted Plan, the remaining funds must be used for 1) operating costs for emergency shelters and/or bridge housing programs ($63,626.91) and 2) operating costs for permanent supportive housing programs ($15,811.57).

On October 31, 2025, RFP 25/26-SR2010 closed, with the City receiving a total of four applications: Central California Family Crisis Center (CCFCC), Family Services of Tulare County (FSTC), Kings View and Next Chapter Youth. The review committee determined that three of the applications met the required qualifications for funding. However, the fourth application was deemed ineligible as the proposed project was not local to the city of Porterville and would not benefit persons who are experiencing or at risk of homelessness.

There are not sufficient funds available to fund all three proposals for the full requested amounts, so staff is presenting a recommendation, which would provide at least partial funding for each of the three applications for the Council’s consideration in the attachment. Interviews were conducted to verify that the respondents would be able to accept less than the requested amounts.

RECOMMENDATION: That the City Council:

1. Award CCFCC in the amount of $31,813.45 for Emergency Shelter & Bridge Housing Operations and $8,101.57 for
Permanent Supportive Housing (PSH) Operations;
Item No. 2.

2. Award FSTC in the amount of $7,710.00 for PSH Operations; and

3. Award Kings View in the amount of $31,813.46 for Emergency Shelter & Bridge Housing.

ATTACHMENTS: 1. RFP Year 3 Unsubscribed Funds Recommendation Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Requested
Recommended
Requested
Recommended
Requested
Recommended
Requested
Recommended
Requested
Recommended
Emergency Housing & Bridge Housing $ 63,626.91 63,626.91 $ 31,813.45 $ 63,626.91 $ 31,813.46 $ - $ - $ 63,626.91 $ - $ 190,880.73 $ 63,626.91 $ Permanent SupportiveHousing $ 15,811.57 15,811.57 $ 8,101.57 $ - $ - $ 7,710.00 $ 7,710.00 $ - $ 23,521.57 $ 15,811.57 $ Total 79,438.48 $ 79,438.48 $ 39,915.02 $ 63,626.91 $ 31,813.46 $ 7,710.00 $ 7,710.00 $ 188,514.70 $ - $ 214,402.30 $ 79,438.48 $ Category of
Funding
RFP Amount CCFCC KV Total
Available
FSTC Next Chapter
Item No. 3.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Authorization to Award Contract – Fire Station 72 Addition and Remodel Project
SOURCE: Engineering and Project Management
COMMENT: On October 21, 2025, the City received five (5) bids for the Fire Station 72 Addition and Remodel Project. The project consists of the remodel of the existing fire and the construction of an addition to the east side of the housing area as well as the engine bay of the station. This project is needed to accommodate increased shift staffing and the storage of modern equipment which is too large for the existing engine bays.

The Engineer's Estimate of Probable Cost for the project was $4,002,000. The lowest responsive bid, submitted by 4C Global, Inc. (dba 4Creeks Build), is $2,695,000, which is 32.6% below the Engineer's Estimate. An additional $269,500 is necessary for construction contingency to cover unforeseen circumstances (10%), and $269,500 is required for construction management, surveying, quality control, and inspection services (10%); equating to a total construction cost of $3,234,000.

The bids are as follows:

Contractor Bid Amount
4C Global, Inc (dba 4Creeks Build) $2,695,000
Katch Environmental, Inc (dba Katch General) $3,272,680 Columbo Construction Co, Inc $3,274,943
BDM Inc $3,519,067
CSI Services $4,991,300
The Fiscal Year 2025/26 Budget includes $5,400,000 for this project, comprised of $3,209,184 in Measure I funds and $2,190,816 in Measure H funds.

Following award of the construction contract, approximately $2,166,000 in Measure I funds will remain available. Staff recommends returning these unused Measure I funds to the Measure I fund balance for future eligible improvement projects.

Item No. 3.

RECOMMENDATION: That the City Council:

1. Award the Fire Station 72 Addition and Remodel Project to 4C Global, Inc (dba 4Creeks Build) in the amount of $2,695,000;

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

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

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

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROJECT LOCATION MAP
FIRE STATION 72

SUBJECT
LOCATION N NEWCOMB ST.

W MORTON AVE.

Item No. 4.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Acceptance of Project - Henrahan Street Reconstruction Project SOURCE: Engineering and Project Management
COMMENT: The Henrahan Street Reconstruction Project included the removal and replacement of existing asphalt pavement, curb, gutter, sidewalk, and storm drain pipe, along with the replacement of the existing water main. The project also included the installation of a new fire hydrant and related appurtenances to enhance roadway safety and infrastructure reliability.

The project was completed by 99 Pipeline, Inc. in accordance with the approved plans and specifications. All required inspections have been conducted, and the project has been found to meet the City’s construction standards.

Staff tracks construction costs for all Capital Improvement Projects and provides a report of total expenditures when projects are accepted by the City Council. The final project costs are summarized as follows: The construction contract totaled $1,055,039.66, and costs for construction management, special equipment, quality control, and inspection services totaled $74,490.53, for a combined project total of $1,129,530.19.

The total project cost is within the overall approved funding of $1,555,145, as authorized by the City Council on April 15, 2025. The project was funded through Measure I, the Sewer Revolving Fund, the Water Replacement Fund, and the Road Repair and Accountability Act (SB 1) Fund. Of the total amount authorized, Measure I contributed $543,834, the Sewer Revolving Fund contributed $100,000, the Water Replacement Fund contributed $506,000, and SB 1 contributed $405,311.

Following completion of the project, there remains an excess of $425,614.81 in Measure I funds originally allocated to this project. Staff recommends returning these unused funds to the Measure I fund balance for future eligible improvement projects.

Acceptance of this project reflects the City’s continued commitment to maintaining safe, reliable public infrastructure and maximizing the efficient use Item No. 4.
of local transportation and utility funds.

RECOMMENDATION: That the City Council:

1. Accept the Henrahan Street Reconstruction Project as complete;

2. Authorize the filing of the Notice of Completion by the City Clerk; and

3. Authorize the return of $425,614.81 in unused Measure I funds to the Measure I fund balance for future eligible improvement projects.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

PROJECT LOCATION

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 HENRAHAN STREET

RECONSTRUCTION PROJECT N HENRAHAN ST

E MORTON AVE
E GRAND AVE N 4TH ST
Item No. 5.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Authorization of Additional Project Funds for the Charging Station Replacement Project
SOURCE: Transportation
COMMENT: On August 6, 2024, the City Council authorized staff to distribute a Request for Proposals (RFP) for the project, which included the replacement of aging electric vehicle (EV) charging units to improve reliability and reduce operating costs.

Following the solicitation process, proposals were received and evaluated in accordance with RFP No. 24/25-SR1980, and on December 2, 2024, the City Council approved a General Services Agreement with Blink Network, LLC, for an amount not to exceed $1,659,426. The scope included new Level 2 and DC Fast Charging (DCFC) stations, related hardware, installation, and five-year maintenance and warranty services.

The project has since been completed in accordance with all Federal Transit Administration (FTA) and Buy America requirements. During final project closeout, staff identified additional expenses that were not captured in the original authorization to award. These costs include sales tax, freight, performance bond, and engineering services associated with the installation and commissioning of the charging infrastructure.

Staff is requesting authorization to increase project funding by $126,000 to cover these eligible costs. The additional amount will be funded through existing grant funds that were allocated specifically for this project. The project remains 80 percent federally funded through the FTA, with the remaining 20 percent local match funded by Local Transportation Funds (LTF).

Even with the proposed increase, the City will retain an estimated positive grant balance of $100,000, and all costs will remain within approved federal and local allocations.

RECOMMENDATION: That the City Council authorize an increase of $126,000 in project funds for the Charging Station Replacement Project to Item No. 5.
cover additional expenses for sales tax, freight, performance bond, and engineering services, with costs to be funded by existing project-specific grant funds.

ATTACHMENTS: 1. August 6, 2024 - Staff Report

2. December 02, 2024 - Staff Report
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 9.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Authorization to Distribute a Request for Proposals for Charging Station Replacement
SOURCE: Public Works
COMMENT: The Request for Proposals (RFP) has been prepared for the Charging Station Replacement Project. The project will include the removal of existing charging stations and the installation of new replacement charging stations located at City facilities. The goal of the project is to replace charging stations to improve reliability and reduce operational costs.

The Independent Cost Estimate (ICE) for this project is $1,585,000. Funding for this project is a Federal Transit Administration (FTA) grant in the amount of $1,267,625, of which $585,000 has been allocated to a previously awarded FTA grant. A local match of $317,375 is required, which will be covered by Local Transportation Funds (LTF). A portion of the funding has been allocated to the transit budget. The remaining funding is contingent on the adoption of the amended FY 2024-2025 Transit Budget. The negotiated contract will be brought back to City Council for final approval.

RECOMMENDATION: That the City Council:

1. Approve the draft Request for Proposals:

2. Authorize staff to advertise for proposals on the project; and

3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform the project in an acceptable manner and is most advantageous to the City.

ATTACHMENTS: 1. Draft Request for Proposals
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 5.

CITY COUNCIL AGENDA – DECEMBER 3, 2024
SUBJECT: Authorization to Enter into a General Services Agreement with Blink Network, LLC for the Charging Station Replacement Project SOURCE: Public Works
COMMENT: The City of Porterville issued a Request for Proposals (RFP No. 24/25- SR1980) on August 20, 2024, inviting qualified vendors to submit proposals for the Charging Station Replacement Project, which includes the replacement of electric vehicle (EV) charging infrastructure at three City-owned locations:
• Corporation Yard (555 N. Prospect Street)
• Transit Center (61 W. Oak Avenue)
• Centennial Parking Lot (15 E. Thurman Avenue)
Proposals were received by the deadline of September 18, 2024, and evaluated based on qualifications, technical capabilities, and cost. The following vendors were evaluated and scored:

Vendor Score Estimated Cost
Blink 98 $1,612,315
BTC 96 $2,084,595
EV Gateway 96 $2,247,705
SMB 95 $2,503,410
ChargeTronix 94 $2,558,757
Lilypad 94 $2,775,316
Casco 92 $2,660,261
Following the evaluation process, Blink Network, LLC was selected as the highest-ranked proposer due to its comprehensive technical approach, robust preventative maintenance plan, competitive pricing, and its readiness for future requirements like ISO 15118 implementation.

Blink also demonstrated strong experience in similar projects, ensuring their ability to meet the project’s technical and operational needs.

The Charging Station Replacement Project supports the City’s sustainability goals and the growth of its zero-emission fleet. Key project highlights include:

Item No. 5.
• Replacement of outdated charging stations with new Level 2 and DCFC chargers.
• Equipment installation, five-year maintenance, and warranty services.
• Compliance with Federal Transit Administration (FTA)
requirements, including Buy America provisions.

The project will improve charging reliability and capacity, directly benefiting the City’s heavy-duty transit buses and public EV users. Blink Network, LLC’s proposal, totaling $1,659,425.48, includes hardware, installation, engineering, and bonding costs, offering the best value to the City.

This project aligns with the Federal Transportation Improvement Program (FTIP) and the City's Climate Action Plan by reducing greenhouse gas emissions and expanding EV infrastructure.

Additionally, the City has conducted due diligence to ensure compliance with FTA funding requirements, including Buy America provisions, throughout the procurement and implementation process.

The total project cost is not to exceed $1,659,426, in alignment with the Federal Transportation Improvement Program (FTIP) and the City's FTA grant application CA-62620-2. The Charging Station Replacement Project is funded at eighty percent (80%) by the FTA, totaling $1,327,540 in federal funds, with the remaining twenty percent (20%), or $331,885, covered by Local Transportation Funds (LTF). This budget structure is consistent with the project's federal and local funding allocations, ensuring full compliance with funding and project requirements.

RECOMMENDATION: Staff recommends that the City Council:

1. Approve the General Services Agreement with Blink
Network, LLC for the Charging Station Replacement Project at a Total Cost Not To Exceed $1,659,426; and

2. Authorize the Mayor to execute the agreement and any related documents necessary to implement the project.

ATTACHMENTS: 1. Porterville RFP # 24-25-SR1980_Plan Holders

2. Porterville RFP # 24-25-SR1980_Scoring Matrix

3. Porterville RFP # 24-25-SR1980_Notice of Intent to
Award

4. Blink General Services Agreement

5. Exhibit A - RFP 24-25-SR1980
Item No. 5.

6. Exhibit B - Addendums

7. Exhibit C - Blink Networks Proposal

8. Exhibit D - FTA Terms and Conditions
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 6.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Approval of a 90-Day Extension of the Option to Purchase and Sale Agreement with Self-Help Enterprises
SOURCE: Community Development
COMMENT: On March 18, 2025, the City Council approved the Option to Purchase – Purchase and Sale Agreement with Self-Help Enterprises (SHE) for the Cityowned property located at the southwest corner of Springville Avenue and Jaye Street (APN 260-300-034). The Agreement provides SHE with a defined period to complete due diligence activities and pursue financing for a proposed 133-unit affordable housing development.

Under Section 2(a) of the Option Agreement, the Optionee (SHE) may request one ninety (90)-day extension of the Option term, provided that:
• The Optionee is not in default of the agreement;
• The request is submitted in writing not less than forty-five (45) days before the expiration of the initial Option term; and
• The request is accompanied by payment of a $1,000 extension fee.

On November 10, 2025, the City received a written request from SHE seeking a 90-day extension to allow sufficient time to submit a Disaster Relief Multifamily Housing Program (DR-MHP) funding application to the California Department of Housing and Community Development. The required $1,000 extension fee was submitted with the request and all agreement conditions have been satisfied.

The requested extension will allow SHE to complete the necessary financing application steps and continue coordination with City staff on project readiness. Approval of the extension will extend the Option Term through February 19, 2026. The proposed 90-Day Option Extension Agreement is included as an attachment to this staff report.

RECOMMENDATION: That the City Council:

1. Approve a 90-day extension of the Option to Purchase – Item No. 6.

Purchase and Sale Agreement with Self-Help Enterprises for the City-owned property located at Springville Avenue and Jaye Street (APN 260-300-034); and

2. Authorize the City Manager, or designee, to execute the Option to Purchase – 90-Day Extension Agreement and any related documents necessary to complete the extension.

ATTACHMENTS: 1. Locator Map APN 260-300-034

2. Option to Purchase and Sale Agreement

3. Option Extension Request

4. Draft Option to Purchase Extension Agreement
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Optionor Initials (_________) (_________) Optionee Initials (________) (________) OPTION TO PURCHASE – 90-DAY EXTENSION AGREEMENT
This Extension Agreement (“Extension”) is made and entered into this ___ day of ___________ 2025, by and between:

CITY OF PORTERVILLE, a municipal corporation organized and existing pursuant to the laws of the State of California (hereinafter the “OPTIONOR” or “CITY”), and SELF-HELP ENTERPRISES, INC., a California Non-Profit Public Benefit Corporation (hereinafter the “OPTIONEE” or “SHE”).

The Optionor and Optionee are hereinafter collectively referred to as the “Parties.”

RECITALS
A. The Parties previously entered into that certain Option to Purchase–Purchase and Sale Agreement dated March 21, 2025 (the “Option Agreement”) concerning the real property located on West Springville Avenue east of Jaye Street, Porterville, Tulare County, California, Assessor’s Parcel Number 260-300-034 (the “Property”).

B. Pursuant to Section 2(a) of the Option Agreement, the Optionee may request an extension of the Option Term for an additional ninety (90) days, provided the Optionee is not in default and timely submits a written request accompanied by the required One Thousand Dollar ($1,000) extension fee.

C. The Optionee has made such a request in compliance with the Option Agreement, and the City desires to grant the extension on the terms set forth herein.

AGREEMENT

1. Extension of Option Term
The Parties agree that the term of the Option Agreement, originally set to expire Friday, November 21, 2025, is hereby extended for ninety (90) calendar days, through and including February 19, 2026 (“Extended Option Term”).

2. Extension Fee
The Optionee has paid, or concurrently with the execution of this Extension shall pay, to the City the sum of One Thousand Dollars ($1,000) as the Extension Fee pursuant to Section 2(a) of the Option Agreement. Said fee is non-refundable and shall be handled in accordance with the provisions of the Option Agreement.

3. Ratification of Terms
Except as expressly modified by this Extension, all terms, conditions, covenants, and obligations contained in the Option Agreement shall remain in full force and effect and are hereby ratified and confirmed. In the event of any conflict between this Extension Optionor Initials (_________) (_________) Optionee Initials (________) (________) and the Option Agreement, the terms of this Extension shall govern solely with respect to the extended Option Term.

4. Counterparts / Electronic Signatures
This Extension may be executed in multiple counterparts and by electronic or digital signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this 90-Day Extension Agreement as of the dates set forth below.

CITY OF PORTERVILLE SELF-HELP ENTERPRISES, INC.
a Municipal Corporation a California Non-Profit Public Benefit Corporation By: _____________________________ By: _____________________________ Richard Tree, City Manager Thomas Collishaw, President
Date: ___________ Date: ___________
Attest: __________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Consideration of Appointment of CalTIP Board Member and Alternates SOURCE: Administrative Services
COMMENT: On January 20, 2004, the City Council authorized the City's participation in the California Transit System Joint Powers Authority, which does business as the California Transit Indemnity Pool ("CalTIP") for liability coverage and vehicle physical damage coverage for the City's transit fleet. Through its participation in the JPA, the City has realized significant savings in premiums over coverage previously purchased in the open market.

Each member of CalTIP is represented on the Board of Directors and plays an active role in the organization. The Board meets twice yearly for study sessions to conduct business of the pool, as well as to keep Board Members informed of trends in transit, including operations, risk exposures, and effective loss control mechanisms to help prevent claims and manage losses.

All Board Members are staff members of the entities belonging to the pool, with the majority being well-versed in transit, finance, or risk management.

The costs incurred by the Board Member attending the CalTIP meetings are reimbursed to the City of Porterville by CalTIP.

Currently, City Manager Richard Tree serves as the Board Member, and Administrative Services Director Yuliana Andrade and Former Assistant City Manager Michael Knight are appointed as alternates to the board. It is now proposed that the City Council appoint Administrative Services Director Yuliana Andrade to serve as the Board Member, with Transportation Director Russell Isom and Chief Deputy City Clerk Fernando Gabriel-Moraga as alternates.

RECOMMENDATION:

That the City Council:

1. Approve the draft resolution designating Administrative Services Director Yuliana Andrade as the City's CalTIP Board Member, and Transportation Director Russell Isom and Chief Deputy City Clerk Fernando Gabriel-Moraga as the Alternate Members; and

2. Authorize the Mayor to execute said Resolution for submission to CalTIP.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. _____ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE DESIGNATING THE CITY’S REPRESENTATIVES TO THE CALIFORNIA TRANSIT

INDEMNITY POOL BOARD OF DIRECTORS
WHEREAS, the City Council acted on January 20, 2004, approving the City of Porterville’s membership in the California Transit Systems Joint Powers Authority, doing business as the California Transit Indemnity Pool (CalTIP); and
WHEREAS, the City of Porterville wishes to designate a representative of the City of Porterville to attend the CalTIP Board of Directors meetings and represent the City in its best interests; and
NOW THEREFORE, BE IT RESOLVED AND ORDERED that effective November 18, 2025, Yuliana Andrade shall be designated as a CalTIP Representative for the City of Porterville and, as such, is hereby authorized to be the CalTip Board Member on behalf of the City of Porterville.

BE IT FURTHER RESOLVED AND ORDERED that effective November 18, 2025, Russell Isom and Fernando Gabriel-Moraga shall be designated as CalTIP Representatives for the City of Porterville and, as such, is hereby authorized to be the Alternate CalTIP Board Members on behalf of the City of Porterville.

PASSED AND ADOPTED by the City Council of the City of Porterville, State of California, at a regular meeting of said Council held on November 18, 2025. _____________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 8.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores, in conjunction with 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 November 4, 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. 8.
• 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 Daily Census
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Total
Date Adults Youth Dogs Adults + Youth
Friday, May 5, 2023 12 0 1 12
Saturday, May 6, 2023 10 0 0 10
Sunday, May 7, 2023 10 0 0 10
Monday, May 8, 2023 15 0 1 15
Tuesday, May 9, 2023 12 0 0 12
Wednesday, May 10, 2023 8 0 0 8
Thursday, May 11, 2023 9 0 0 9
Friday, May 12, 2023 9 0 0 9
Saturday, May 13, 2023 7 0 0 7
Sunday, May 14, 2023 6 0 0 6
Monday, May 15, 2023 13 0 0 13
Tuesday, May 16, 2023 11 3 4 14
Wednesday, May 17, 2023 11 3 4 14
Thursday, May 18, 2023 16 3 4 19
Friday, May 19, 2023 11 0 3 11
Saturday, May 20, 2023 14 0 5 14
Sunday, May 21, 2023 12 0 4 12
Monday, May 22, 2023 14 0 3 14
Tuesday, May 23, 2023 14 5 3 19
Wednesday, May 24, 2023 16 3 3 19
Thursday, May 25, 2023 13 1 6 14
Friday, May 26, 2023 18 4 3 22
Saturday, May 27, 2023 16 5 5 21
Sunday, May 28, 2023 16 1 3 17
Monday, May 29, 2023 18 1 3 19
Tuesday, May 30, 2023 19 1 6 20
Wednesday, May 31, 2023 17 1 3 18
Thursday, June 1, 2023 19 1 7 20
Friday, June 2, 2023 17 1 7 18
Saturday, June 3, 2023 16 1 4 17
Sunday, June 4, 2023 20 1 8 21
Monday, June 5, 2023 20 1 6 21
Tuesday, June 6, 2023 22 1 10 23
Wednesday, June 7, 2023 23 1 9 24
Thursday, June 8, 2023 22 1 7 23
Friday, June 9, 2023 22 1 10 23
Saturday, June 10, 2023 15 1 6 16
Sunday, June 11, 2023 26 1 9 27
Monday, June 12, 2023 18 1 7 19
Tuesday, June 13, 2023 24 1 4 25
Wednesday, June 14, 2023 21 1 7 22
Thursday, June 15, 2023 20
14 21
Friday, June 16, 2023 2816 29
Saturday, June 17, 2023 2017 21
Sunday, June 18, 2023 2414 25
Monday, June 19, 2023 2108 21
Tuesday, June 20, 2023 2806 28
Wednesday, June 21, 2023 2804 28
Thursday, June 22, 2023 2204 22
Friday, June 23, 2023 2704 27
Saturday, June 24, 2023 2604 26
Sunday, June 25, 2023 2403 24
Monday, June 26, 2023 2304 23
Tuesday, June 27, 2023 3005 30
Wednesday, June 28, 2023 2606 26
Thursday, June 29, 2023 2705 27
Friday, June 30, 2023 2505 25
Saturday, July 1, 2023 2709 27
Sunday, July 2, 2023 2533 28
Monday, July 3, 2023 2433 27
Tuesday, July 4, 2023 2034 23
Wednesday, July 5, 2023 2826 30
Thursday, July 6, 2023 2825 30
Friday, July 7, 2023 2726 29
Saturday, July 8, 2023 2825 30
Sunday, July 9, 2023 3623 38
Monday, July 10, 2023 2823 30
Tuesday, July 11, 2023 3424 36
Wednesday, July 12, 2023 3522 37
Thursday, July 13, 2023 4727 49
Friday, July 14, 2023 2720 29
Saturday, July 15, 2023 2422 26
Sunday, July 16, 2023 2423 26
Monday, July 17, 2023 2621 28
Tuesday, July 18, 2023 2622 28
Wednesday, July 19, 2023 2121 23
Thursday, July 20, 2023 2121 23
Friday, July 21, 2023 2200 22
Saturday, July 22, 2023 2200 22
Sunday, July 23, 2023 2200 22
Monday, July 24, 2023 2100 21
Tuesday, July 25, 2023 2200 22
Wednesday, July 26, 2023 2000 20
Thursday, July 27, 2023 2700 27
Friday, July 28, 2023 2500 25
Saturday, July 29, 2023 2200 22
Sunday, July 30, 2023 2200 22
Monday, July 31, 2023 24
00 24
Tuesday, August 1, 2023 2100 21
Wednesday, August 2, 2023 1900 19
Thursday, August 3, 2023 2000 20
Friday, August 4, 2023 1900 19
Saturday, August 5, 2023 2600 26
Sunday, August 6, 2023 2200 22
Monday, August 7, 2023 2000 20
Tuesday, August 8, 2023 2503 25
Wednesday, August 9, 2023 2303 23
Thursday, August 10, 2023 2003 20
Friday, August 11, 2023 2305 23
Saturday, August 12, 2023 2205 22
Sunday, August 13, 2023 2906 29
Monday, August 14, 2023 2505 25
Tuesday, August 15, 2023 2105 21
Wednesday, August 16, 2023 2306 23
Thursday, August 17, 2023 2305 23
Friday, August 18, 2023 2205 22
Saturday, August 19, 2023 2305 23
Sunday, August 20, 2023 2104 21
Monday, August 21, 2023 2505 25
Tuesday, August 22, 2023 2205 22
Wednesday, August 23, 2023 2705 27
Thursday, August 24, 2023 2205 22
Friday, August 25, 2023 2505 25
Saturday, August 26, 2023 2304 23
Sunday, August 27, 2023 2505 25
Monday, August 28, 2023 2315 24
Tuesday, August 29, 2023 2416 25
Wednesday, August 30, 2023 2226 24
Thursday, August 31, 2023 1825 20
Friday, September 1, 2023 1725 19
Saturday, September 2, 2023 2025 22
Sunday, September 3, 2023 2025 22
Monday, September 4, 2023 2125 23
Tuesday, September 5, 2023 2225 24
Wednesday, September 6, 2023 1523 17
Thursday, September 7, 2023 1624 18
Friday, September 8, 2023 1824 20
Saturday, September 9, 2023 1924 21
Sunday, September 10, 2023 2025 22
Monday, September 11, 2023 2025 22
Tuesday, September 12, 2023 2425 26
Wednesday, September 13, 2023 2425 26
Thursday, September 14, 2023 2125 23
Friday, September 15, 2023 26
25 28
Saturday, September 16, 2023 2825 30
Sunday, September 17, 2023 2625 28
Monday, September 18, 2023 2225 24
Tuesday, September 19, 2023 2425 26
Wednesday, September 20, 2023 2625 28
Thursday, September 21, 2023 3025 32
Friday, September 22, 2023 2325 25
Saturday, September 23, 2023 2025 22
Sunday, September 24, 2023 2625 28
Monday, September 25, 2023 2024 22
Tuesday, September 26, 2023 2024 22
Wednesday, September 27, 2023 2424 26
Thursday, September 28, 2023 2224 24
Friday, September 29, 2023 1724 19
Saturday, September 30, 2023 2024 22
Sunday, October 1, 2023 2324 25
Monday, October 2, 2023 2024 22
Tuesday, October 3, 2023 1824 20
Wednesday, October 4, 2023 2224 24
Thursday, October 5, 2023 2427 26
Friday, October 6, 2023 2125 23
Saturday, October 7, 2023 1825 20
Sunday, October 8, 2023 1925 21
Monday, October 9, 2023 2025 22
Tuesday, October 10, 2023 1925 21
Wednesday, October 11, 2023 2225 24
Thursday, October 12, 2023 2725 29
Friday, October 13, 2023 2125 23
Saturday, October 14, 2023 2125 23
Sunday, October 15, 2023 1925 21
Monday, October 16, 2023 2425 26
Tuesday, October 17, 2023 2225 24
Wednesday, October 18, 2023 2225 24
Thursday, October 19, 2023 3025 32
Friday, October 20, 2023 1725 19
Saturday, October 21, 2023 1525 17
Sunday, October 22, 2023 2225 24
Monday, October 23, 2023 2225 24
Tuesday, October 24, 2023 2025 22
Wednesday, October 25, 2023 1925 21
Thursday, October 26, 2023 2115 22
Friday, October 27, 2023 2113 22
Saturday, October 28, 2023 2113 22
Sunday, October 29, 2023 1813 19
Monday, October 30, 2023 2413 25
Tuesday, October 31, 2023 20
13 21
Wednesday, November 1, 2023 2513 26
Thursday, November 2, 2023 2413 25
Friday, November 3, 2023 2213 23
Saturday, November 4, 2023 2213 23
Sunday, November 5, 2023 1913 20
Monday, November 6, 2023 2313 24
Tuesday, November 7, 2023 2713 28
Wednesday, November 8, 2023 2213 23
Thursday, November 9, 2023 2213 23
Friday, November 10, 2023 2313 24
Saturday, November 11, 2023 2113 22
Sunday, November 12, 2023 2413 25
Monday, November 13, 2023 2713 28
Tuesday, November 14, 2023 2413 25
Wednesday, November 15, 2023 2913 30
Thursday, November 16, 2023 2903 29
Friday, November 17, 2023 2503 25
Saturday, November 18, 2023 2903 29
Sunday, November 19, 2023 2903 29
Monday, November 20, 2023 2903 29
Tuesday, November 21, 2023 2903 29
Wednesday, November 22, 2023 2903 29
Thursday, November 23, 2023 2103 21
Friday, November 24, 2023 2903 29
Saturday, November 25, 2023 2703 27
Sunday, November 26, 2023 2703 27
Monday, November 27, 2023 2603 26
Tuesday, November 28, 2023 2703 27
Wednesday, November 29, 2023 2903 29
Thursday, November 30, 2023 2703 27
Friday, December 1, 2023 2203 22
Saturday, December 2, 2023 2503 25
Sunday, December 3, 2023 2503 25
Monday, December 4, 2023 2003 20
Tuesday, December5 2023 2503 25
Wednesday, December 6, 2023 3003 30
Thursday, December 7, 2023 3003 30
Friday, December 8, 2023 2903 29
Saturday, December 9, 2023 2503 25
Sunday, December 10, 2023 3103 31
Monday, December 11, 2023 3003 30
Tuesday, December 12, 2023 3203 32
Wednesday, December 13, 2023 3203 32
Thursday, December 14, 2023 3503 35
Friday, December 15, 2023 3003 30
Saturday, December 16, 2023 31
03 31
Sunday, December 17, 2023 2903 29
Monday, December 18, 2023 2603 26
Tuesday, December 19, 2023 2513 26
Wednesday, December 20, 2023 3103 31
Thursday, December 21, 2023 2803 28
Friday, December 22, 2023 3203 32
Saturday, December 23, 2023 2903 29
Sunday, December 24, 2023 3003 30
Monday, December 25, 2023 2803 28
Tuesday, December 26, 2023 2303 23
Wednesday, December 27, 2023 2403 24
Thursday, December 28, 2023 2803 28
Friday, December 29, 2023 2303 23
Saturday, December 30, 2023 2503 25
Sunday, December 31, 2023 2803 28
Monday, January 1, 2024 2403 24
Tuesday, January 2, 2024 2403 24
Wednesday, January 3, 2024 2903 29
Thursday, January 4, 2024 2103 21
Friday, January 5, 2025 2203 22
Saturday, January 6, 2024 3203 32
Sunday, January 7, 2024 2903 29
Monday, January 8, 2024 2603 26
Tuesday, January 9, 2024 2703 27
Wednesday, January 10, 2024 3403 34
Thursday, January 11, 2024 3303 33
Friday, January 12, 2025 3603 36
Saturday, January 13, 2024 3503 35
Sunday, January 14, 2024 3403 34
Monday, January 15, 2024 3903 39
Tuesday, January 16, 2024 3804 38
Wednesday, January 17, 2024 3304 33
Thursday, January 18, 2024 3304 33
Friday, January 19, 2025 3304 33
Saturday, January 20, 2024 3604 36
Sunday, January 21, 2024 3804 38
Monday, January 22, 2024 3614 37
Tuesday, January 23, 2024 3414 35
Wednesday, January 24, 2024 3214 33
Thursday, January 25, 2024 3814 39
Friday, January 26, 2025 3514 36
Saturday, January 27, 2024 3214 33
Sunday, January 28, 2024 3614 37
Monday, January 29, 2024 3414 35
Tuesday, January 30, 2024 4015 41
Wednesday, January 31, 2024 36
15 37
Thursday, February 1, 2024 3615 37
Friday, February 2, 2024 3615 37
Saturday, February 3, 2024 2715 28
Sunday, February 4, 2024 3315 34
Monday, February 5, 2024 2915 30
Tuesday, February 6, 2024 3315 34
Wednesday, February 7, 2024 3715 38
Thursday, February 8, 2024 3415 35
Friday, February 9, 2024 3705 37
Saturday, February 10, 2024 3805 38
Sunday, February 11, 2024 3905 39
Monday, February 12, 2024 3505 35
Tuesday, February 13, 2024 3805 38
Wednesday, February 14, 2024 3705 37
Thursday, February 15, 2024 3505 35
Friday, February 16, 2024 3805 38
Saturday, February 17, 2024 4005 40
Sunday, February 18, 2024 3805 38
Monday, February 19, 2024 4105 41
Tuesday, February 20, 2024 4305 43
Wednesday, February 21, 2024 3605 36
Thursday, February 22, 2024 3905 39
Friday, February 23, 2024 3605 36
Saturday, February 24, 2024 3605 36
Sunday, February 25, 2024 3805 38
Monday, February 26, 2024 3705 37
Tuesday, February 27, 2024 4105 41
Wednesday, February 28, 2024 4109 41
Thursday, February 29, 2024 3309 33
Friday, March 1, 2024 3409 34
Saturday, March 2, 2024 3309 33
Sunday, March 3, 2024 3309 33
Monday, March 4, 2024 3509 35
Tuesday, March 5, 2024 3809 38
Wednesday, March 6, 2024 3509 35
Thursday, March 7, 2024 3609 36
Friday, March 8, 2024 3709 37
Saturday, March 9, 2024 3709 37
Sunday, March 10, 2024 4109 41
Monday, March 11, 2024 4109 41
Tuesday, March 12, 2024 4209 42
Wednesday, March 13, 2024 4009 40
Thursday, March 14, 2024 4009 40
Friday, March 15, 2024 4209 42
Saturday, March 16, 2024 3909 39
Sunday, March 17, 2024 39
09 39
Monday, March 18, 2024 4009 40
Tuesday, March 19, 2024 4209 42
Wednesday, March 20, 2024 3809 38
Thursday, March 21, 2024 3509 35
Friday, March 22, 2024 3709 37
Saturday, March 23, 2024 4209 42
Sunday, March 24, 2024 4209 42
Monday, March 25, 2024 4109 41
Tuesday, March 26, 2024 4109 41
Wednesday, March 27, 2024 4409 44
Thursday, March 28, 2024 4009 40
Friday, March 29, 2024 4509 45
Saturday, March 30, 2024 4609 46
Sunday, March 31, 2024 3409 34
Monday, April 1, 2024 4609 46
Tuesday, April2 2024 3409 34
Wednesday, April 3, 2024 3809 38
Thursday, April 4, 2024 3809 38
Friday, April 5, 2024 3109 31
Saturday, April 6, 2024 2809 28
Sunday, April 7, 2024 3309 33
Monday, April 8, 2024 3809 38
Tuesday, April 9, 2024 4109 41
Wednesday, April 10, 2024 3909 39
Thursday, April 11, 2024 3409 34
Friday, April 12, 2024 3309 33
Saturday, April 13, 2024 3809 38
Sunday, April 14, 2024 3609 36
Monday, April 15, 2024 3109 31
Tuesday, April 16, 2024 3409 34
Wednesday, April 17, 2024 3409 34
Thursday, April 18, 2024 3309 33
Friday, April 19, 2024 2909 29
Saturday, April 20, 2024 2809 28
Sunday, April 21, 2024 2909 29
Monday, April 22, 2024 2809 28
Tuesday, April 23, 2024 2809 28
Wednesday, April 24, 2024 2809 28
Thursday, April 25, 2024 2909 29
Friday, April 26, 2024 3209 32
Saturday, April 27, 2024 3009 30
Sunday, April 28, 2024 3409 34
Monday, April 29, 2024 2909 29
Tuesday, April 30, 2024 2808 28
Wednesday, May 1, 2024 2709 27
Thursday, May 2, 2024 26
09 26
Friday, May 3, 2024 2909 29
Saturday, May 4, 2024 2909 29
Sunday, May 5, 2024 3409 34
Monday, May 6, 2024 3009 30
Tuesday, May 7, 2024 3009 30
Wednesday, May 8, 2024 3009 30
Thursday, May 9, 2024 3509 35
Friday, May 10, 2024 3209 32
Saturday, May 11, 2024 3009 30
Sunday, May 12, 2024 3009 30
Monday, May 13, 2024 3209 32
Tuesday, May 14, 2024 3209 32
Wednesday, May 15, 2024 3209 32
Thursday, May 16, 2024 3309 33
Friday, May 17, 2024 3609 36
Saturday, May 18, 2024 3309 33
Sunday, May 19, 2024 3809 38
Monday, May 20, 2024 3408 34
Tuesday, May 21, 2024 3009 30
Wednesday, May 22, 2024 3009 30
Thursday, May 23, 2024 2907 29
Friday, May 24, 2024 3408 34
Saturday, May 25, 2024 3509 35
Sunday, May 26, 2024 3819 39
Monday, May 27, 2024 3609 36
Tuesday, May 28, 2024 3508 35
Wednesday, May 29, 2024 3207 32
Thursday, May 30, 2024 3107 31
Friday, May 31, 2024 2908 29
Saturday, June 1, 2024 3009 30
Sunday, June 2, 2024 340 10 34
Monday, June 3, 2024 3309 33
Tuesday, June 4, 2024 2708 27
Wednesday, June 5, 2024 3209 32
Thursday, June 6, 2024 3109 31
Friday, June 7, 2024 3008 30
Saturday, June 8, 2024 3309 33
Sunday, June 9, 2024 3609 36
Monday, June 10, 2024 3509 35
Tuesday, June 11, 2024 3408 34
Wednesday, June 12, 2024 2508 25
Thursday, June 13, 2024 300 10 30
Friday, June 14, 2024 390 10 39
Saturday, June 15, 2024 3408 34
Sunday, June 16, 2024 3408 34
Monday, June 17, 2024 32
09 32
Tuesday, June 18, 2024 340 10 34
Wednesday, June 19, 2024 3309 33
Thursday, June 20, 2024 330 11 33
Friday, June 21, 2024 3009 30
Saturday, June 22, 2024 2708 27
Sunday, June 23, 2024 330 10 33
Monday, June 24, 2024 1607 16
Tuesday, June 25, 2024 2007 20
Wednesday, June 26, 2024 3009 30
Thursday, June 27, 2024 3009 30
Friday, June 28, 2024 330 10 33
Saturday, June 29, 2024 340 10 34
Sunday, June 30, 2024 340 10 34
Monday, July 1, 2024 300 10 30
Tuesday, July 2, 2024 350 11 35
Wednesday, July 3, 2024 2709 27
Thursday, July 4, 2024 2709 27
Friday, July 5, 2024 3009 30
Saturday, July 6, 2024 2909 29
Sunday, July 7, 2024 320 10 32
Monday, July 8, 2024 360 11 36
Tuesday, July 9, 2024 340 10 34
Wednesday, July 10, 2024 3509 35
Thursday, July 11, 2024 3509 35
Friday, July 12, 2024 2608 26
Saturday, July 13, 2024 3109 31
Sunday, July 14, 2024 350 10 35
Monday, July 15, 2024 360 11 36
Tuesday, July 16, 2024 330 10 33
Wednesday, July 17, 2024 2909 29
Thursday, July 18, 2024 1907 19
Friday, July 19, 2024 2007 20
Saturday, July 20, 2024 2208 22
Sunday, July 21, 2024 2208 22
Monday, July 22, 2024 2408 24
Tuesday, July 23, 2024 2608 26
Wednesday, July 24, 2024 2307 23
Thursday, July 25, 2024 2408 24
Friday, July 26, 2024 2207 22
Saturday, July 27, 2024 2207 22
Sunday, July 28, 2024 2307 23
Monday, July 29, 2024 2307 23
Tuesday, July 30, 2024 2107 21
Wednesday, July 31, 2024 2107 21
Thursday, August 1, 2024 2007 20
Friday, August 2, 2024 22
07 22
Saturday, August 3, 2024 1807 18
Sunday, August 4, 2024 2107 21
Monday, August 5, 2024 2007 20
Tuesday, August 6, 2024 2205 22
Wednesday, August 7, 2024 2506 25
Thursday, August 8, 2024 2508 25
Friday, August 9, 2024 2004 20
Saturday, August 10, 2024 1604 16
Sunday, August 11, 2024 2305 23
Monday, August 12, 2024 3107 31
Tuesday, August 13, 2024 2305 23
Wednesday, August 14, 2024 2404 24
Thursday, August 15, 2024 2003 20
Friday, August 16, 2024 1803 18
Saturday, August 17, 2024 2304 23
Sunday, August 18, 2024 2303 23
Monday, August 19, 2024 2104 21
Tuesday, August 20, 2024 2403 24
Wednesday, August 21, 2024 2303 23
Thursday, August 22, 2024 2403 24
Friday, August 23, 2024 2903 29
Saturday, August 24, 2024 1802 18
Sunday, August 25, 2024 3003 30
Monday, August 26, 2024 1602 16
Tuesday, August 27, 2024 2103 21
Wednesday, August 28, 2024 2302 23
Thursday, August 29, 2024 2403 24
Friday, August 30, 2024 2303 23
Saturday, August 31, 2024 2702 27
Sunday, September 1, 2024 2703 27
Monday, September 2, 2024 2702 27
Tuesday, September 3, 2024 2103 21
Wednesday, September 4, 2024 2203 22
Thursday, September 5, 2024 2703 27
Friday, September 6, 2024 3304 33
Saturday, September 7, 2024 3704 37
Sunday, September 8, 2024 2803 28
Monday, September 9, 2024 3204 32
Tuesday, September 10, 2024 3303 33
Wednesday, September 11, 2024 2203 22
Thursday, September 12, 2024 2703 27
Friday, September 13, 2024 3704 37
Saturday, September 14, 2024 3304 33
Sunday, September 15, 2024 3804 38
Monday, September 16, 2024 3304 33
Tuesday, September 17, 2024 34
04 34
Wednesday, September 18, 2024 3003 30
Thursday, September 19, 2024 3304 33
Friday, September 20, 2024 2002 20
Saturday, September 21, 2024 2102 21
Sunday, September 22, 2024 2203 22
Monday, September 23, 2024 3504 35
Tuesday, September 24, 2024 3304 33
Wednesday, September 25, 2024 3403 34
Thursday, September 26, 2024 3003 30
Friday, September 27, 2024 2703 27
Saturday, September 28, 2024 2803 28
Sunday, September 29, 2024 2903 29
Monday, September 30, 2024 3303 33
Tuesday, October 1, 2024 3103 31
Wednesday, October 2, 2024 4004 40
Thursday, October 3, 2024 3103 31
Friday, October 4, 2024 3103 31
Saturday, October 5, 2024 3003 30
Sunday, October 6, 2024 2703 27
Monday, October 7, 2024 2502 25
Tuesday, October 8, 2024 2802 28
Wednesday, October 9, 2024 2602 26
Thursday, October 10, 2024 3002 30
Friday, October 11, 20024 3002 30
Saturday, October 12, 2024 3203 32
Sunday, October 13, 2024 2702 27
Monday, October 14, 2024 2702 27
Tuesday, October 15, 2024 2032 23
Wednesday, October 16, 2024 2902 29
Thursday, October 17, 2024 2602 26
Friday, October 18, 20204 2802 28
Saturday, October 19, 2024 2702 27
Sunday, October 20, 2024 2702 27
Monday, October 21, 2024 2802 28
Tuesday, October 22, 2024 2802 28
Wednesday, October 23, 2024 2302 23
Thursday, October 24, 2024 2902 29
Friday, October 25, 20204 3102 31
Saturday, October 26, 2024 3002 30
Sunday, October 27, 2024 2302 23
Monday, October 28, 2024 2602 26
Tuesday, October 29, 2024 2702 27
Wednesday, October 30, 2024 2702 27
Thursday, October 31, 2024 2402 24
Friday, November 1, 20204 3003 30
Saturday, November 2, 2024 24
02 24
Sunday, November 3, 2024 3403 34
Monday, November 4, 2024 3002 30
Tuesday, November 5, 2024 3002 30
Wednesday, November 6, 2024 3202 32
Thursday, November 7, 2024 3403 34
Friday, November 8, 20204 3002 30
Saturday, November 9, 2024 3203 32
Sunday, November 10, 2024 3603 36
Monday, November 11, 2024 4203 42
Tuesday, November 12, 2024 4803 48
Wednesday, November 13, 2024 4102 41
Thursday, November 14, 2024 4503 45
Friday, November 15, 20204 4503 45
Saturday, November 16, 2024 4903 49
Sunday, November 17, 2024 4903 49
Monday, November 18, 2024 4903 49
Tuesday, November 19, 2024 5105 51
Wednesday, November 20, 2024 4604 46
Thursday, November 21, 2024 4603 46
Friday, November 22, 20204 5706 57
Saturday, November 23, 2024 4805 48
Sunday, November 24, 2024 4505 45
Monday, November 25, 2024 4204 42
Tuesday, November 26, 2024 5105 51
Wednesday, November 27, 2024 4304 43
Thursday, November 28, 2024 5005 50
Friday, November 29, 20204 4905 49
Saturday, November 30, 2024 5105 51
Sunday, December 1, 2024 5606 56
Monday, December 2, 2024 4504 45
Tuesday, December 3, 2024 5306 53
Wednesday, December 4, 2024 4704 47
Thursday, December 5, 2024 5806 58
Friday, December 6, 20204 3604 36
Saturday, December 7, 2024 5305 53
Sunday, December 8, 2024 4704 47
Monday, December 9, 2024 4704 47
Tuesday, December 10, 2024 4504 45
Wednesday, December 11, 2024 4404 44
Thursday, December 12, 2024 4404 44
Friday, December 13, 20204 5205 52
Saturday, December 14, 2024 3904 39
Sunday, December 15, 2024 4404 44
Monday, December 16, 2024 5105 51
Tuesday, December 17, 2024 5004 50
Wednesday, December 18, 2024 53
05 53
Thursday, December 19, 2024 4604 46
Friday, December 20, 2024 4505 45
Saturday, December 21, 2024 4304 43
Sunday, December 22, 2024 4204 42
Monday, December 23, 2024 4104 41
Tuesday, December 24, 2024 4404 44
Wednesday, December 25, 2024 4004 40
Thursday, December 26, 2024 5105 51
Friday, December 27, 2024 5505 55
Saturday, December 28, 2024 4704 47
Sunday, December 29, 2024 4404 44
Monday, December 30, 2024 5005 50
Tuesday, December 31, 2024 4704 47
Wednesday, January 1, 2025 5005 50
Thursday, January 2, 2025 4504 45
Friday, January 3, 2025 4104 41
Saturday, January 4, 2025 5105 51
Sunday, January 5, 2025 4204 42
Monday, January 6, 2025 4504 45
Tuesday, January 7, 2025 5105 51
Wednesday, January 8, 2025 5205 52
Thursday, January 9, 2025 5606 56
Friday, January 10, 2025 4505 45
Saturday, January 11, 2025 5405 54
Sunday, January 12, 2025 4804 48
Monday, January 13, 2025 5406 54
Tuesday, January 14, 2025 5706 57
Wednesday, January 15, 2025 5505 55
Thursday, January 16, 2025 5904 59
Friday, January 17, 2025 5305 53
Saturday, January 18, 2025 5105 51
Sunday, January 19, 2025 5706 57
Monday, January 20, 2025 5506 55
Tuesday, January 21, 2025 5806 58
Wednesday, January 22, 2025 5405 54
Thursday, January 23, 2025 5706 57
Friday, January 24, 2025 5606 56
Saturday, January 25, 2025 5405 54
Sunday, January 26, 2025 5405 54
Monday, January 27, 2025 5506 55
Tuesday, January 28, 2025 5506
Wednesday, January 29, 2025 5105
Thursday, January 30, 2025 4805
Friday, January 31, 2025 4505
Saturday, February 1, 2025 4806
Sunday, February 2, 2025 53
06 Monday, February 3, 2025 5206
Tuesday, February 4, 2025 4206
Wednesday, February 5, 2025 4006
Thursday, February 6, 2025 4506
Friday, February 7, 2025 4807
Saturday, February 8, 2025 4707
Sunday, February 9, 2025 4507
Monday, February 10, 2025 5207
Tuesday, February 11, 2025 5507
Wednesday, February 12, 2025 5307
Thursday, February 13, 2025 5407
Friday, February 14, 2025 5708
Saturday, February 15, 2025 5007
Sunday, February 16, 2025 5708
Monday, February 17, 2025 6108
Tuesday, February 18, 2025 5908
Wednesday, February 19, 2025 5507
Thursday, February 20, 2025 5107
Friday, February 21, 2025 5808
Saturday, February 22, 2025 5107
Sunday, February 23, 2025 5908
Monday, February 24, 2025 5007
Tuesday, February 25, 2025 5308
Wednesday, February 26, 2025 5508
Thursday, February 27, 2025 4607
Friday, February 28, 2025 4207
Saturday, March 1, 2025 4106
Sunday, March 2, 2025 4407
Monday, March 3, 2025 5708
Tuesday, March 4, 2025 5008
Wednesday, March 5, 2025 4407
Thursday, March 6, 2025 4907
Friday, March 7, 2025 4807
Saturday, March 8, 2025 5608
Sunday, March 9, 2025 4707
Monday, March 10, 2025 5808
Tuesday, March 11, 2025 5407
Wednesday, March 12, 2025 5708
Thursday, March 13, 2025 4607
Friday, March 14, 2025 5706
Saturday, March 15, 2025 6008
Sunday, March 16, 2025 6106
Monday, March 17, 2025 6108
Tuesday, March 18, 2025 6008
Wednesday, March 19, 2025 6208
Thursday, March 20, 2025 61
08 Friday, March 21, 2025 5407
Saturday, March 22, 2025 6108
Sunday, March 23, 2025 5908
Monday, March 24, 2025 6008
Tuesday, March 25, 2025 6008
Wednesday, March 26, 2025 5908
Thursday, March 27, 2025 6108
Friday, March 28, 2025 4907
Saturday, March 29, 2025 5708
Sunday, March 30, 2025 5808
Monday, March 31, 2025 5808
Tuesday, April 1, 2025 6108
Wednesday, April 2, 2025 5908
Thursday, April 3, 2025 6008
Friday, April 4, 2025 6108
Saturday, April 5, 2025 5707
Sunday, April 6, 2025 5807
Monday, April 7, 2025 5208
Tuesday, April 8, 2025 4707
Wednesday, April 9, 2025 580 10
Thursday, April 10, 2025 4607
Friday, April 11, 2025 5409
Saturday, April 12, 2025 600 12
Sunday, April 13, 2025 5008
Monday, April 14, 2025 570 11
Tuesday, April 15, 2025 580 10
Wednesday, April 16, 2025 580 10
Thursday, April 17, 2025 5209
Friday, April 18, 2025 4608
Saturday, April 19, 2025 520 10
Sunday, April 20, 2025 550 11
Monday, April 21, 2025 570 11
Tuesday, April 22, 2025 510 10
Wednesday, April 23, 2025 540 10
Thursday, April 24, 2025 540 11
Friday, April 25, 2025 540 11
Saturday, April 26, 2025 4609
Sunday, April 27, 2025 4208
Monday, April 28, 2025 4308
Tuesday, April 29, 2025 4308
Wednesday, April 30, 2025 4308
Thursday, May 1, 2025 3908
Friday, May 2, 2025 500 10
Saturday, May 3, 2025 4609
Sunday, May 4, 2025 590 11
Monday, May 5, 2025 45
09 Tuesday, May 6, 2025 4509
Wednesday, May 7, 2025 600 11
Thursday, May 8, 2025 480 10
Friday, May 9, 2025 4409
Saturday, May 10, 2025 600 11
Sunday, May 11, 2025 4108
Monday, May 12, 2025 4308
Tuesday, May 13, 2025 4408
Wednesday, May 14, 2025 4408
Thursday, May 15, 2025 4408
Friday, May 16, 2025 2907
Saturday, May 17, 2025 4408
Sunday, May 18, 2025 4308
Monday, May 19, 2025 3907
Tuesday, May 20, 2025 3907
Wednesday, May 21, 2025 4408
Thursday, May 22, 2025 4808
Friday, May 23, 2025 3908
Saturday, May 24, 2025 3407
Sunday, May 25, 2025 3908
Monday, May 26, 2025 3908
Tuesday, May 27, 2025 3708
Wednesday, May 28, 2025 3608
Thursday, May 29, 2025 3508
Friday, May 30, 2025 2907
Saturday, May 31, 2025 3008
Sunday, June 1, 2025 4008
Monday, June 2, 2025 4208
Tuesday, June 3, 2025 3108
Wednesday, June 4, 2025 2607
Thursday, June 5, 2025 3008
Friday, June 6, 2025 2507
Saturday, June 7, 2025 3007
Sunday, June 8, 2025 3708
Monday, June 9, 2025 2707
Tuesday, June 10, 2025 2607
Wednesday, June 11, 2025 3008
Thursday, June 12, 2025 4509
Friday, June 13, 2025 3508
Saturday, June 14, 2025 3308
Sunday, June 15, 2025 3908
Monday, June 16, 2025 4809
Tuesday, June 17, 2025 4509
Wednesday, June 18, 2025 4309
Thursday, June 19, 2025 4309
Friday, June 20, 2025 31
08 Saturday, June 21, 2025 3808
Sunday, June 22, 2025 3708
Monday, June 23, 2025 3608
Tuesday, June 24, 2025 3408
Wednesday, June 25, 2025 3708
Thursday, June 26, 2025 4609
Friday, June 27, 2025 4108
Saturday, June 28, 2025 4309
Sunday, June 29, 2025 3808
Monday, June 30, 2025 4509
Tuesday, July 1, 2025 4609
Wednesday, July 2, 2025 3408
Thursday, July 3, 2025 2908
Friday, July 4, 2025 1706
Saturday, July 5, 2025 3008
Sunday, July 6, 2025 3108
Monday, July 7, 2025 2908
Tuesday, July 8, 2025 3508
Wednesday, July 9, 2025 4409
Thursday, July 10, 2025 3408
Friday, July 11, 2025 1907
Saturday, July 12, 2025 2908
Sunday, July 13, 2025 3909
Monday, July 14, 2025 3609
Tuesday, July 15, 2025 4309
Wednesday, July 16, 2025 3408
Thursday, July 17, 2025 3508
Friday, July 18, 2025 3508
Saturday, July 19, 2025 3008
Sunday, July 20, 2025 3809
Monday, July 21, 2025 2008
Tuesday, July 22, 2025 4309
Wednesday, July 23, 2025 2708
Thursday, July 24, 2025 3709
Friday, July 25, 2025 4608
Saturday, July 26, 2025 5609
Sunday, July 27, 2025 3208
Monday, July 28, 2025 4008
Tuesday, July 29, 2025 4509
Wednesday, July 30, 2025 4509
Thursday, July 31, 2025 4008
Friday, August 1, 2025 4308
Saturday, August 2, 2025 4509
Sunday, August 3, 2025 4509
Monday, August 4, 2025 4409
Tuesday, August 5, 2025 42
08 Wednesday, August 6, 2025 4509
Thursday, August 7, 2025 4408
Friday, August 8, 2025 3007
Saturday, August 9, 2025 4408
Sunday, August 10, 2025 4509
Monday, August 11, 2025 4609
Tuesday, August 12, 2025 4709
Wednesday, August 13, 2025 4208
Thursday, August 14, 2025 4809
Friday, August 15, 2025 4008
Saturday, August 16, 2025 4308
Sunday, August 17, 2025 4709
Monday, August 18, 2025 4609
Tuesday, August 19, 2025 4208
Wednesday, August 20, 2025 4509
Thursday, August 21, 2025 3708
Friday, August 22, 2025 3208
Saturday, August 23, 2025 3908
Sunday, August 24, 2025 4509
Monday, August 25, 2025 4309
Tuesday, August 26, 2025 3908
Wednesday, August 27, 2025 3708
Thursday, August 28, 2025 3508
Friday, August 29, 2025 4009
Saturday, August 30, 2025 4609
Sunday, August 31, 2025 530 10
Monday, September 1, 2025 2608
Tuesday, September 2, 2025 4509
Wednesday, September 3, 2025 4509
Thursday, September 4, 2025 4209
Friday, September 5, 2025 3008
Saturday, September 6, 2025 3108
Sunday, September 7, 2025 520 10
Monday, September 8, 2025 4509
Tuesday, September 9, 2025 4509
Wednesday, September 10, 2025 4409
Thursday, September 11, 2025 4509
Friday, September 12, 2025 4109
Saturday, September 13, 2025 3508
Sunday, September 14, 2025 3908
Monday, September 15, 2025 3908
Tuesday, September 16, 2025 4108
Wednesday, September 17, 2025 3808
Thursday, September 18, 2025 4609
Friday, September 19, 2025 4209
Saturday, September 20, 2025 38
08 Sunday, September 21, 2025 3708
Monday, September 22, 2025 4609
Tuesday, September 23, 2025 4509
Wednesday, September 24, 2025 4308
Thursday, September 25, 2025 4509
Friday, September 26, 2025 3908
Saturday, September 27, 2025 3107
Sunday, September 28, 2025 3608
Monday, September 29, 2025 4108
Tuesday, September 30, 2025 3807
Wednesday, October 1, 2025 4508
Thursday, October 2, 2025 4408
Friday, October 3, 2025 4608
Saturday, October 4, 2025 3407
Sunday, October 5, 2025 4108
Monday, October 6, 2025 4008
Tuesday, October 7, 2025 2807
Wednesday, October 8, 2025 3308
Thursday, October 9, 2025 2907
Friday, October 10, 2025 4608
Saturday, October 11, 2025 3507
Sunday, October 12, 2025 4108
Monday, October 13, 2025 3808
Tuesday, October 14, 2025 4509
Wednesday, October 15, 2025 4009
Thursday, October 16, 2025 4109
Friday, October 17, 2025 4309
Saturday, October 18, 2025 4109
Sunday, October 19, 2025 4309
Monday, October 20, 2025 4409
Tuesday, October 21, 2025 4209
Wednesday, October 22, 2025 3708
Thursday, October 23, 2025 3508
Friday, October 24, 2025 4708
Saturday, October 25, 2025 4107
Sunday, October 26, 2025 4608
Monday, October 27, 2025 4708
Tuesday, October 28, 2025 4609
Wednesday, October 29, 2025 4308
Thursday, October 30, 2025 4709
Friday, October 31, 2025 4208
Saturday, November 1, 2025 4308
Sunday, November 2, 2025 4308
Monday, November 3, 2025 4308
Tuesday, November 4, 2025 4108
Wednesday, November 5, 2025 44
08 Thursday, November 6, 2025 4008
Friday, November 7, 2025 3807
Saturday, November 8, 2025 3607
Sunday, November 9, 2025 4108
Monday, November 10, 2025 4008
Tuesday, November 11, 2025 3607
Wednesday, November 12, 2025 3507
Thursday, November 13, 2025
Friday, November 14, 2025
Saturday, November 15, 2025
Sunday, November 16, 2025
Monday, November 17, 2025
Tuesday, November 18, 2025
Wednesday, November 19, 2025
Thursday, November 20, 2025
Friday, November 21, 2025
Saturday, November 22, 2025
Sunday, November 23, 2025
Monday, November 24, 2025
Tuesday, November 25, 2025
Wednesday, November 26, 2025
Thursday, November 27, 2025
Friday, November 28, 2025
Saturday, November 29, 2025
Sunday, November 30, 2025
Monday, December 1, 2025
Tuesday, December 2, 2025
Wednesday, December 3, 2025
Thursday, December 4, 2025
Friday, December 5, 2025
Saturday, December 6, 2025
Sunday, December 7, 2025
Monday, December 8, 2025
Tuesday, December 9, 2025
Wednesday, December 10, 2025
Thursday, December 11, 2025
Friday, December 12, 2025
Saturday, December 13, 2025
Sunday, December 14, 2025
Monday, December 15, 2025
Tuesday, December 16, 2025
Wednesday, December 17, 2025
Thursday, December 18, 2025
Friday, December 19, 2025
Saturday, December 20, 2025
Sunday, December 21, 2025
Monday, December 22, 2025
Tuesday, December 23, 2025
Wednesday, December 24, 2025
Thursday, December 25, 2025
Friday, December 26, 2025
Saturday, December 27, 2025
Sunday, December 28, 2025
Monday, December 29, 2025
Tuesday, December 30, 2025
Wednesday, December 31, 2025
dults + Youth
Temporary Evacuation Point and Shelter Census Summary
Daily Average by Month (Adults Only)
2023 2024 2025
January - 32.55 51.87
February - 36.59 51.36
March - 39.00 55.13
April - 33.03 52.93
May 12.85 31.97 42.45
June 22.80 31.20 36.70
July 25.97 27.48 35.42
August 22.68 22.48 42.55
September 21.70 29.53 40.33
October 21.03 28.00 40.97
November 25.53 41.97 40.00
December 27.77 47.06 -
Daily Average by Month
January
February
March
April
MayJune
July
August
September
October
November
December
0 5
10 15
20 25
30 35
40 45
50 55
60 2023 2024 2025
Item No. 9.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Adoption of the 2025 California Building Codes SOURCE: Engineering and Project Management
COMMENT: The building codes used by jurisdictions in California are updated periodically to integrate new technologies, construction methods, safety standards, and lessons learned from natural disasters. These updates ensure that the adopted Codes reflect current best practices for public safety, energy efficiency, structural resiliency, and environmental performance.

The last adopted California Building Standards Codes were updated in 2022.

Since then, the State of California has adopted the 2024 International Codes as the basis for the California Building, Electrical, Mechanical, Plumbing, and Energy Codes. In addition, the State has adopted the 2025 Editions of the Administrative, Residential, Green Building Standards, Historical Building, Existing Building, Reference Standards, and Wildland Urban Interface Codes.

These Codes become State-mandated on January 1, 2026, and each updated Code must be adopted by local ordinance, repealing the prior edition.

The 2025 Codes include several significant updates, including enhanced energy efficiency standards, stricter life safety requirements, expanded wildfire and WUI provisions, and strengthened structural and seismic resilience requirements. A summary of the most notable changes is included as an attachment for reference.

Local jurisdictions may adopt modifications to State-mandated Codes if all of the following conditions are met:

1. The modification is more restrictive than the State requirement.

2. The modification is justified by climatic, geologic, or topographic conditions.

3. The modification, and the associated findings, are submitted to the California Building Standards Commission (CBSC) for review.

At the direction of the City Council, staff reviewed both the current (2022) and forthcoming (2025) Building Codes related to the use of cargo containers as Item No. 9.
temporary or permanent storage structures and for construction use. The findings of this review are summarized below:

1. Cargo containers used for storage or construction are classified as a structure under Section 3114 of the Building Code.

2. Detached accessory structures used as tool or storage sheds 120 square feet or less are exempt from permits (Section [A]105.2(1)).

3. Temporary use is defined as 180 days or less (Section 202).

4. Temporary uses must fully comply with applicable installation requirements (Section 3103.6).

5. Section 3114 expressly establishes the requirements for the use and installation of cargo containers.

Because State law prohibits local jurisdictions from adopting standards that are less restrictive than the California Building Standards Codes, the City may not expand permit exemptions, reduce installation requirements, or adopt alternative standards that conflict with State Code. For reference, the Building Division’s code interpretation on Intermodal Shipping Containers is included as an attachment.

Although the City cannot adopt less restrictive local amendments for cargo containers, staff recognizes the importance of providing a clear and efficient permitting process. To support residents and businesses, staff is developing a streamlined permit submittal packet for the most common cargo container sizes that fall within the simplified structural design provisions for single-unit containers. This packet will include the following information:

1. Clear explanations of which sizes require permits (for example, an 8' x 10' container does not require a permit).

2. Installation requirements for the most common sizes (8' x 10', 8' x 20', and 8' x 40').

3. Pre-engineered installation plans meeting Building Code requirements.

4. Examples of allowed and prohibited modifications for simplified installation and use.

Providing these standardized packets will save Porterville residents time and money by eliminating the need to hire separate engineers for typical installations, while also ensuring full compliance with State Codes.

As part of the adoption process, draft ordinances have been prepared for City Council consideration. Each ordinance corresponds to one of the applicable 2025 California Building Standards Codes. These draft ordinances are included as attachments to this report and do not include substantive local amendments beyond those required to implement the State Codes.

Item No. 9.

Adoption of the 2025 California Building Standards Codes ensures that the City of Porterville remains consistent with statewide regulatory requirements, maintains eligibility for State and federal funding tied to Code compliance, and continues to support a safe, resilient, and efficient built environment.

RECOMMENDATION: That City Council:

1. Conduct a Public Hearing to receive input regarding the adoption of the 2025 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Historical Buildings, Existing Buildings, Referenced Standards, and Wildland Urban Interface Codes;

2. Approve for first reading the draft Ordinances adopting the 2025 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Historical Buildings, Existing Buildings, Referenced Standards, and Wildland Urban Interface Codes; and

3. Waive further reading and order the Ordinances to print.

ATTACHMENTS: 1. Draft Ordinance - Amending Chapter 7, Article I - Adoption of 2025 California Building Codes

2. Draft Ordinance - Amending Chapter 7, Article IA -
Adoption of 2025 California Mechanical Code

3. Draft Ordinance - Amending Chapter 7, Article II - Adoption of 2025 California Plumbing Code

4. Draft Ordinance - Amending Chapter 7, Article III -
Adoption of 2025 California Electrical Code

5. Draft Ordinance - Amending Chapter 7, Article IV -
Adoption of 2025 California Green Building Standards Code

6. Intermodal Shipping (Cargo) Containers

7. 2025 Building Codes - Notable Changes
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE I OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE

CALIFORNIA ADMINISTRATIVE CODE, THE CALIFORNIA BUILDING CODE

ALONG WITH DESIGNATED APPENDICES, THE CALIFORNIA RESIDENTIAL

CODE ALONG WITH DESIGNATED APPENDICES, THE CALIFORNIA ENERGY

CODE, THE CALIFORNIA HISTORICAL BUILDINGS CODE, THE CALIFORNIA

EXISTING BUILDING CODE, THE CALIFORNIA REFERENCED STANDARDS

CODE, AND THE WILDLAND-URBAN INTERFACE CODE AS PUBLISHED BY THE

INTERNATIONAL CODE COUNCIL

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following sections of the Municipal Code of the City of Porterville are hereby amended to read as follows:

SECTION 7-1 ADOPTION
Adoption of the 2025 Edition of the California Administrative Code Title 24 Part 1; 2025 California Building Code Part 2, Volumes 1 and 2; the 2025 California Residential Code Title 24 Part 2.5; the 2025 Energy Code Title 24 Part 6; the 2025 Edition of the California Historical Buildings Code Title 24 Part 8; the 2025 Edition of the California Existing Buildings Code Title 24 Part 10; the 2025 Edition of the California Referenced Standards Code Title 24 Part 12; and the 2025 Edition of the Wildland-Urban Interface Code Title 24 Part 7.

That certain codes in book form to which more particular reference is herein made, regulating the construction, erection, alteration, repair, removal, demolition, conversion, equipment, use, height, area and maintenance of buildings in the City of Porterville, together with the amendments thereof, herein specifically set forth, together with the penalty for violation herein set forth to be known as the Building Codes compiled by and adopted by the International Code Council, Inc., together with the following appendixes: J, O, P, and Q of the 2025 California Building Code; BF, BO, CI, and CJ of the 2025 California Residential Code Part 2.5; thereto are hereby adopted and enacted by the Council of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof.

SECTION 7-2 COPIES ON FILE:

Reference is hereby made to one (1) copy of said California Building Code, 2025 Edition, compiled by and adopted by the International Conference of Building Officials, heretofore filed in the office of the Building Official of the City of Porterville and said California Building Code is by reference adopted herein as provided by law.

SECTION 7-3 BUILDING CODE AMENDMENTS:

There are no local amendments to the 2025 Codes. The City of Porterville reserves the right to amend the Codes mentioned herein by way of public hearing and Ordinance adoption at a later date if deemed necessary.

SECTION 7-3.4. PENALTY FOR VIOLATION:

It shall be unlawful for any person, firm or corporation to enlarge, alter, repair, move, improve, remove, convert, or equip, use, occupy or maintain any building or structure in the City of Porterville, or cause the same to be done contrary to or in violation of the provisions of this article or of the building code above adopted by reference, together with the amendments thereto; and any person, firm or corporation violating any of the provisions of this article or of said building code, as amended, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of the provisions of this article or of the California Building Code, 2025 Edition, is committed or permitted; and upon conviction of any such violation, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City or County jail for a period of not exceeding six (6) months or both such fine and imprisonment.

SECTION 7-3.6. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. Ordinance No. 1893 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.

ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk

By: Fernando Gabriel-Moraga,
Chief Deputy City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-4 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2025 EDITION OF THE CALIFORNIA MECHANICAL CODE

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND

MECHANICAL OFFICIALS

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following section of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-4 ADOPTION:

Adoption of the 2025 Edition of the California Mechanical Code, Title 24, Part 4 and Referenced Standards.

That certain code in book form to which more particular reference is hereinafter made regulating the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, to be known and referred to as the California Mechanical Code along with the Referenced Standards is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2025 Edition of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

SECTION 7-4.2. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No.1894 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk

By: Fernando Gabriel-Moraga,
Chief Deputy City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-6 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2025 EDITION OF THE CALIFORNIA PLUMBING CODE

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND

MECHANICAL OFFICIALS

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Section 7-6 of the Municipal Code of the City of Porterville is amended to read as follows:

SECTION 7-6. ADOPTION:

Adoption of the 2025 Edition of the California Plumbing Code Title 24 Part 5, the Referenced Standards, and Appendixes C, H, and M.

That certain code in book form to which more particular reference is hereinafter made, regulating the business of plumbing, and the installation of plumbing fixtures and appliances, to be known and referred to as the California Plumbing Code, is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to (1) copy of the 2025 Edition of the California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

SECTION 7-8. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No. 1895 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk

By: Fernando Gabriel-Moraga,
Chief Deputy City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-9 AND DELETING SECTION 7-10 OF THE

MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA ELECTRICAL CODE PUBLISHED BY BNi PUBLICATIONS, INC.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Section 7-9 of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-9 ADOPTION:

Adoption of the 2025 Edition of the California Electrical Code Title 24 Part 3.

That certain code in book form to which more particular reference is hereinafter made, regulating the business of electrical, and the installation of electrical fixtures and appliances, to be known and referred to as the California Electrical Code, is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2025 Edition of the California Electrical Code, published by BNi Publications, Inc. filed in the office of the Building Official of the City of Porterville, and such code, to wit: the 2025 Edition of the California Electrical Code published by the BNi Publications, Inc., as aforesaid now on file with the Building Official of the City of Porterville, is hereby adopted by reference as the Electrical Code of the City.

SECTION 7-9.1. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No. 1896 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.

ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk

By: Fernando Gabriel-Moraga,
Chief Deputy City Clerk
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE IV OF CHAPTER 7 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2025 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE

PUBLISHED BY THE INTERNATIONAL CODE COUNCIL

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following section of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-12 ADOPTION:

Adoption of the 2025 Edition of the California Green Building Standards Code, Title 24, Part 11 and the mandatory portions of Appendix A4, Appendix A5, and Appendix A6 with the voluntary portions of said Appendices remaining voluntary.

That certain code in book form to which more particular reference is hereinafter made encouraging sustainable construction practices, to be known and referred to as the California Green Building Standards Code is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2025 Edition of the California Green Building Standards Code published by the International Code Council Commission filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

SECTION 7-12.1. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No. 1897 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk

By: Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Use of Intermodal Shipping Containers
2022 CBC
202 INTERMODAL SHIPPING CONTAINER. A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials. 3115.1 General. The provisions of Section 3115 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures, or as a part of buildings or structures.

SECTION 105 – Permits
105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m²). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

QUESTION 1:

Is a building permit required for the placement of a cargo container (intermodal shipping container) on a piece of property for storage?
ANSWER 1:

CBC Section 105.1 states in part that a building permit is required to “construct…alter…move a building or structure…”
CBC Section 3115.1 states that the “…code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures…”
CBC Section 202 states the definition of intermodal shipping container is a “six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.” When an intermodal shipping container is set in a fixed location, it is no longer used for transport purposes; it is used for storage purposes. In other words, the intermodal shipping container has been repurposed and is now used as a fixed building.

Because it has been repurposed, it must comply with the code as a new building. It may not seem like a building because it is a single unit, however, the code treats a mobilehome as building even though it may be constructed and transported as one or more main pieces and assembled on site. The code treats it as a building which is defined as “any structure utilized or intended for supporting or sheltering any occupancy.” The intermodal shipping container is now being used as a Group S storage building.

NOTE: the code does not require a building permit for a detached storage shed with a floor area no greater than 120 square feet. (See CBC Section 105.2, Item 1) Therefore, if the intermodal shipping container does not exceed 120 square feet, a building permit is not required.

QUESTION 2:

Can a local jurisdiction amend the CBC to eliminate the requirement for a permit, and all other requirements applicable to intermodal shipping containers?
ANSWER 2:

The local authority of cities, counties, or a city and county government can establish more restrictive and reasonably necessary differences to the provisions contained in the code. The local modifications must comply with Health and Safety Code Section 18941.5, to wit, the modifications must be reasonably necessary because of local climatic, geological, or topographical conditions. The governing body shall make findings required by HSC Section 17958.7 and file with the California Building Standards Commission.

The State of California adopted Sections 105.1 and 105.2 which require permits. The state also adopted the entirety of Chapter 31, with amendments. Chapter 31 includes the requirements for intermodal shipping containers.

In summary, any modification to the above-listed sections must meet the following:

1. Must be more restrictive than the state requirement.

2. Must be justified based on climatic, geologic or topographic conditions.

3. Must be submitted to California Building Standards Commission (CBSC) along with the Findings.

Recent legislative action in Assembly Bill 130 gave authority to the CBSC to review and evaluate local amendments and findings. Under AB 130, the CBSC can review and reject local amendments based on a lack of satisfactory findings, or new regulations applicable to residential occupancies.

OBSERVATION: It is entirely possible that the such amendments to exempt a building permit and building provisions could result in the rejection of the entire city ordinance.

OPTIONS:

1. Require a building permit for intermodal shipping containers as is stipulated in the CBC.

2. Modify the CBC by local ordinance knowing that it does not meet the qualifications for local amendment and could be rejected by CBSC.

3. Require a building permit for the intermodal shipping containers, but provide a guide or standard for the owner’s use which could include foundation and anchoring design, grounding if needed, separation to property lines, separation to other structures, etc. This guide would provide the information needed for installation of the intermodal shipping container, without requiring an engineered set of plans for every installation.
2025 Building Codes
Notable Changes
Efficiency/
Sustainability
• Expanded use of heat pumps in new residential buildings • Shift from EV-capable to mandated installation of EV chargers and receptacle outlets
• Stricter standards for insulation, windows, mechanical systems and ventilation
• Peak energy metric aimed at reducing demon on the electrical grid
• Expansion of solar-ready and battery-ready requirements • New sections requiring formal Construction Waste
Management plans and stormwater pollution prevention
Safety/Hazard
Mitigation
• New rules for lithium-ion battery facilities
• Wildfire resilience with adoption of Wildland-Urban Interface code to reduce wildfire risks
• Increased standards for smokeproof enclosures
• Emergency power and illumination mandates
• Clarifications regarding required two-way communication systems in stairwells and elevators
Structural • Strengthened requirements for buildings in seismic zones • Adoption of new U.S. Geological Survey data
• Adjustments to design forces in high-risk areas
• Adjustments to site coefficients and near-fault factors • Factors in occupied roofs in determination of high-rise Code Administration • Multiple compliance paths in existing buildings (prescriptive, work area, performance) to make retrofit projects more feasible • Clarification of accessibility requirements for existing buildings and new construction
Item No. 10.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Consideration of Revocation of Business License for a Home Occupation Permit
SOURCE: Finance
COMMENT: The purpose of this item is to consider whether the business license associated with a Home Occupation Permit located at 1910 W. Putnam Avenue, held by Elida Suarez, should be revoked.

City staff have received multiple complaints from nearby residents concerning activities at the residence that appear inconsistent with the conditions of approval for a home-based business. In response, staff conducted site inspections and verified that the business operations exceed the limitations established in Porterville Development Ordinance Section 301.09 – Home Occupations, which restricts activities that create noise, traffic, customer visits, or other impacts that are not compatible with a residential neighborhood.

The property owner was contacted several times and was given multiple opportunities to correct the violations. Written notices were issued on several occasions, and staff also provided verbal instruction regarding the steps required to bring the business into compliance. Despite these efforts, the business continues to operate in violation of City regulations. A detailed timeline of inspections, communications, and enforcement actions is included as an attachment to this report, along with copies of each written notice issued to the property owner. These materials form part of the administrative record for City Council consideration.

In accordance with Section 15-12 of the Porterville Municipal Code, the City Council has the authority to revoke a business license when a business fails to comply with applicable regulations or is operated in a manner inconsistent with the public health, safety, or welfare. Staff recommends that the City Council consider the information contained in this report, the timeline of actions taken by the City, the notices provided to the property owner, the applicable ordinance governing Home Occupations, and any testimony provided at the public hearing, and then determine whether continued operation of this home occupation is consistent with City standards and the public welfare.

Item No. 10.

RECOMMENDATION: That the City Council:

1. Hold a public hearing to consider whether the business license associated with a Home Occupation Permit for 1910 W. Putnam Avenue should be revoked; and

2. Based on the evidence presented during the public hearing, take action to revoke the business license for the Home Occupation Permit if the City Council finds that continued violations have occurred and compliance has not been achieved.

ATTACHMENTS: 1. Draft Resolution

2. Timeline

3. Notice to Property Owner March 23, 2022

4. Notice to Property Owner March, 27, 2025

5. Notice to Property Owner July 24, 2025

6. Notice to Property Owner August 13, 2025

7. Notice to Property Owner August 19, 2025

8. Porterville Development Ordinance Section 301.09 - Home Occupations
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

RESOLUTION NO.____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

REVOKING THE BUSINESS LICENSE FOR A HOME OCCUPATION PERMIT FOR ELIDA SUAREZ, 1910 WEST PUTNAM AVENUE, PORTERVILLE
WHEREAS: All businesses, trades, professions, callings, and occupations transacting business in the city of Porterville are required to obtain a business license and comply with Chapter 15 of the Porterville Municipal Code;
WHEREAS: The City of Porterville Municipal Code Section 15-12 provides, “The City Council reserves the right to revoke the license granted any person, when, after notice to the licensee and upon hearing had, it shall appear the business licensed is unlawful, immoral or a menace to the public health, safety, morals, peace or general welfare, or is, or has been carried on in an illegal or immoral manner, or in such manner as to constitute a menace to the health, safety, morals, peace or general welfare of the people of the city;” WHEREAS: Consistent with Section 15-12, notice was provided to business owner Elida Suarez, 1910 West Putnam Avenue, Porterville, of a public hearing by the City Council to consider revocation of the business license for a Home Occupation Permit, noticed for November 18, 2025; and
WHEREAS: The Porterville City Council has held the public hearing and duly received and considered evidence and documentation concerning the business operations of Elida Suarez; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby make the following findings and determines as follows:

1. The City of Porterville has received complaints of noncompliance with the conditions of approval for the Home Occupation Permit occurring at the business. Violations to the conditions of approval for the Home Occupation Permit include excessive foot traffic, excessive vehicle traffic, customer vehicles blocking the street, customer vehicles blocking the public right-of-way, trailers being stored within the front yard, and merchandise not being delivered to customers, causing a nuisance.

2. Site inspections confirmed that business operations have exceeded limitations established under Porterville Development Ordinance Section 301.09 – Home Occupations, which restricts activities that create noise, traffic, or other impacts inconsistent with residential setting.

3. A business license for a Home Occupation Permit (HOP) for Elida Suarez was approved at 1910 West Putnam Avenue, Porterville, for online business sales only with shipping and delivering of all items. Home Occupation Permits for internet sales do no authorize for merchandise to be sold on the premises.

Resolution No. _____-2025

4. Given Nos. 1-3 above, the City Council finds it appears that the business licensed has become a nuisance and is operated in a manner inconsistent with public health, safety, general welfare of the people of the city of Porterville.

5. The City Council hereby revokes the business license for business owner Elida Suarez, 1910 West Putnam Avenue, Porterville. Business owner/applicant shall not be eligible for a business license for at least one year, or for the longest duration of time permitted by law, whichever is longer. Business owner/applicant shall be subject to all other applicable regulations and laws should any new applications for City permits and licenses be made.

PASSED, APPROVED and ADOPTED this 18th day of November, 2025. ____________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
On March 14, 2022, the City received complaints regarding a business being operated from a residence located at 1910 W. Putnam Ave. without a business license. A Code Enforcement patrol check confirmed that the property owner was storing a trailer and boxed items appearing to be new at the residence. Basic information regarding the Home Occupation Permit (HOP) business license was given to the resident and staff advised to contact the Planning Division regarding requirements for HOPs.

The resident failed to contact the Planning Division. Therefore, on March 22, 2022, a Notice regarding the non-permitted operation of a business from a residential property was mailed to the property owner. Staff outlined the code complaint, non-permitted use and requested the property owner to contact Planning to discuss the matter. No contact was made and during this time, staff continued to receive numerous complaints of the operation of the non-permitted business. On April 26, 2022, the code complaint was referred to Code Enforcement for further investigation.

Staff continued to receive complaints of the business operation and on May 20, 2022, a Code Enforcement officer made contact with the property owner and observed the unloading of packaged merchandise from a small pull trailer at the property. The officer made contact with the property owner in which the property owner responded that they were aware of the past complaints and had requested a hearing.

An administrative hearing was conducted on July 20, 2022, per the Hearing Officer, the property owner began the Home Occupation Permit process. The property owner communicated with Planning on the HOP process and agreed that they would operate their business in compliance with the Porterville Development Ordinance §301.09-Home Occupations. The property owner agreed that any violations in the Development Ordinance would result in grounds for revocation of the business license for a Home Occupation Permit. On September 19, 2022 a business license was issued to Elida Suarez for an HOP at 1910 W. Putnam Ave.

On October 24, 2022 City staff again began to receive new complaints regarding the operation of the home occupation regarding the continued excessive auto and foot traffic. On January 6, 2023, Code Enforcement was able to make contact with the property owner and explained that they were not complying with the conditions of the HOP and these complaints, if not remediated could result in enforcement actions including but not limited to citations, fines and revocation of the business license. The property owner acknowledged that they understood.

In 2023, City staff in various City departments began to receive phone calls regarding the operation of the HOP. In response, Code Enforcement would do a site visit. Since there appeared to be no violations present at the time of the site visit, the complaint would be closed for that reason.

In 2025, Planning Division became the point of contact for the reporting party. The reporting party continued to submit an excessive number of complaints; therefore, the complaint was not closed out. On March 27, 2025, Planning sent correspondence regarding the noncompliance, and requested that the business owner follow up to resolve the concern. No response was received. Staff continued to receive complaints and multiple site visits to the address confirmed that the business continued to be noncompliant.

On July 24, 2025, second certified mail notice was sent to the business owner. On July 29, 2025, the business owner spoke to Planning in person regarding the complaint. The business owner stated that they had not received any other notices and that all the complaints were false accusations. Staff explained the conditions of approval for the HOP and the business owner stated that they were aware and had always been in compliance.

Staff continued to receive more complaints of the continued noncompliance and in response, staff continued to do site visits, which confirmed the noncompliance. On August 13, 2025 staff mailed a third notice (certified mail), a fourth certified notice on August 19, 2025 as the business owner continued to be noncompliant.

Since the complaint was not remediated, staff maintained the complaint open. Staff was able to do site visits after receiving new complaints and verified that the business failed to comply with the conditions of approval.

On August 20 and August 28, 2025, the business owner spoke to Planning staff in person regarding the notices of noncompliance for the business that they had received. The business owner declared that all the complaints were false as they had always complied with the conditions of approval for the HOP.

301.09 Home Occupations
Home occupations that are carried on by an occupant of a dwelling unit for gainful employment, are clearly incidental and subordinate to the use of the structure for dwelling purposes and that do not change the residential character of the primary use, are allowed and shall be operated in compliance with the following standards. Home occupations are subject to zoning conformance approval pursuant to Chapter 602, "Zoning Conformance Review".

Permitted Uses. Home occupations generally include, but are not limited to, the following uses:

Professional Offices.

Offices for personal services such as janitorial service, gardening service, office services, etc.

Dressmaking, millinery, and other home sewing work.

Handicrafts such as weaving, leatherwork, and other arts and crafts.

Instructional classes, not exceeding two (2) students at one time.

Internet sales, mail order or direct sales provided no merchandise is sold on the premises.

Cottage food operations.

Mobile Businesses. Service-oriented mobile businesses that provide services at the location of a client may function as a home based business, where compliant with all other provisions of this section and subject to the following standards:

No business activities other than office activities occur on the premises. A client may not come to the home of the business to use the mobile unit.

The primary business activity involves provision of services that by their nature are intermittent and convenient to be provided at the home or business of the client. Examples include: mobile notary, personal services, home repair, minor vehicle repair not involving engines as prohibited below (windshield repair or battery replacement), and computer maintenance and repair.

Sale of goods is permitted only as an accessory to the service-oriented use, such as sale of windshield when it is replaced, or a new hard-drive when it is required and installed as part of a computer repair.

Prohibited Uses. The following uses are not permitted as a home occupation.

The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, or boats.

Repair, fix-it or plumbing, welding or fabrication shops where the trade-work is done at the site of the home occupation.

Uses that entail the harboring, training, raising, or grooming of dogs, cats or other animals on the premises.

Uses that entail food handling, processing or packing, other than those permitted by cottage food operation.

Healing arts.

Spiritual advisory service (fortune-telling).

General Standards. The following restrictions apply to all home occupations.

The residential use remains the primary activity on the property.

No sign shall be publicly displayed on the premises relating to the home occupation or product thereof.

No person not residing on the premises may be employed at the site of the home occupation.

Sale of goods on the premises shall be limited to the products of the home occupations, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

The home occupation shall not attract or generate excessive auto or foot traffic, require additional off-street parking spaces, involve the use of commercial vehicles for delivery of materials or supplies to or from the premises, or exceed six (6) patrons or customers for any calendar day.

No use of materials, mechanical equipment, utilities, or community facilities beyond that normal to the use of the property for residential purposes shall be permitted.

Storage related to the home occupation shall be confined to the dwelling or accessory building.

No dwelling or accessory buildings shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.

No garage or accessory building shall be altered or used in such a manner that would reduce the number of covered parking spaces required in the district in which it is located.

Not more than one (1) vehicle of not more than one ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.

The home occupation shall not involve the use of power equipment on the premises using motors exceeding one (1) horsepower combined capacity.

No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

Yard Sales. More than two yard sales per year, but not more than four yard sales per year, may be permitted subject to issuance of a business license and a home occupation permit subject to the following standards:

A Seller’s Permit must be obtained through the State Board of Equalization prior to the date of the third yard sale.

The sales events must be compliant with the provisions of Section 301.21 of this Chapter.

Item No. 11.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Second Reading - Ordinance No. 1920, Amending Chapter 12, Article 1 of the Code of the City of Porterville, Adopting by Reference the 2025 Edition of the California Fire Code
SOURCE: City Attorney
COMMENT: Ordinance No. 1920, an Ordinance of the City Council of the City of Porterville, amending Chapter 12, Article 1 of the code of the City of Porterville, adopting by reference except as otherwise provided in this article, the 2025 edition of the California Fire Code along with designated appendices, published by the International Code Council, was given first reading on November 4, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1920, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1920
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

ORDINANCE NO. 1920
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 12, ARTICLE 1 OF THE CODE OF THE CITY OF PORTERVILLE ADOPTING BY REFERENCE EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE 2025 EDITION OF THE CALIFORNIA FIRE CODE

ALONG WITH DESIGNATED APPENDICES, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Chapter 12, Article 1, of the Porterville city code is hereby amended to read as follows:
12-1.1: CALIFORNIA FIRE CODE ADOPTION:

A. Adoption: There is hereby adopted by the Council of the City of Porterville for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the California Fire Code, published by the International Code Council being particularly the 2025 edition thereof together with the following appendices thereto: 4, B, BB, C, CC, D, E, F, G, H, I, J, O, and P to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, are hereby adopted and enacted by the Council of the City of Porterville as amended and changed as follows:

B. Fire Code Amendments:

1. Section [A] 103.1 is amended to read as follows:
[A] 103.1 Creation of agency. The PORTERVILLE FIRE DEPARTMENT FIRE PREVENTION DIVISION is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

2. Section [A] 105.1.1 is amended to read as follows:
[A] 105.1.1 Permits required. A property owner or owner's authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the Porterville Building Department and obtain the required permit.

Ordinance No. 1920

3. Section 112 Means of Appeals is removed and replaced by Porterville City Code Section 12-1.7.

4. Section [A]113.4 is amended to read as follows:
[A]113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding one hundred eighty days (180) or six (6) months, or both such fine and imprisonment.

Each day that a violation continues after due notice has been served shall be deemed a separate offense. Alternatively, the City of Porterville reserves the right to enforce violations of this code utilizing the Administrative Citation process outlined in Chapter 2, Article 14 of the Porterville City Code.

5. Section 311.1.1 is amended to read as follows:
311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or
unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered to be abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the 1997 Code for the Abatement of Dangerous Buildings, as adopted by reference in Section 7-80 of the Porterville City Code, and the California Building Code.

6. The Exception 1. to Section 603.5.2 is deleted, Exception 2. is amended to read:

2. Current taps and relocatable power taps shall not be required to connect directly to a permanently installed receptacle outlet, where used for 90 days or less for the purpose of testing the performance of such devices. This exception shall only apply to research conducted in a proper occupancy, under controlled Ordinance No. 1920

conditions, in a facility that is protected by an automatic fire sprinkler system.

7. Appendix C, Section C103.1 is amended to read as follows:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, they shall be on a looped system, the distance between required fire hydrants shall be spaced at no greater than three hundred (300) feet in commercial, multi-family, or mixed-use applications and no greater than five hundred (500) feet in singlefamily residential applications. Where a single hydrant is required, it shall be placed in a location approved by the fire code official.

8. Appendix CC, Section CC105.1 is amended to read as follows:

CC105.1 The spacing between fire hydrants shall comply with Section C103.1 as amended.

9. Appendix CC, Section CC105.2 is deleted.

10. The Exception to Section D104.2 of Appendix D is deleted.

11. Appendix D, Section D103.5 is amended to read:

1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 16 feet (4877 mm).

12. The Exception to Section D106.1 of Appendix D is deleted.

13. Appendix D, Section D107.1 is amended to read as follows:

D107.1 One- or two-family dwelling residential developments.

Developments of one- or two-family dwellings where the number Ordinance No. 1920

of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. Developments of oneor two-family dwellings where the number of dwelling units does not exceed 30 may be required to provide two separate and approved fire apparatus access roads.

14. Exceptions 1 and 2 of section D107.1 of Appendix D are deleted.

15. Section 3304.3 (Site Security) is added to read as follows:
3304.3 Site Security. Where required by the fire code official or building official, sites under a valid permit for construction, demolition, rehabilitation, or repair, may be required to install adequate site security to a level that would discourage the attractive nuisance and curiosity of vagrants, children, or persons of immoral character from gaining access.

16. Section 505.1.1 (“Rear Addressing”) is added to read as follows:
505.1.1 Rear Addressing. When required by the fire code official, approved numbers or addresses shall be placed on all new and existing buildings and rear suite doors in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with 505.1.

17. Section 505.1.2 (“Accessory Dwelling Unit Addressing”) is added to read as follows:
505.1.2 Accessory Dwelling Unit Addressing. A detached accessory dwelling unit shall have a designated address. The address shall be the same Arabic numerals as the primary residence followed by the alphabetic letters identifying the accessory dwelling unit as “Unit A”. Example: The primary residence is addressed as 123 Blank Street. The detached accessory dwelling unit shall be addressed as “123 Blank Street Unit A”.

Addressing signage shall be affixed to the ADU structure next to the main entry door and shall meet all applicable requirements as Ordinance No. 1920

outlined in all sections and subsections of Chapter 5 as amended or as otherwise directed by the fire code official.

For ADUs with addressing that cannot be viewed from the public way, addressing signage shall be installed in a manner visible from the street frontage and shall meet all applicable requirements as outlined in Chapter 5 subsections 505.1 through 505.2 as amended or as otherwise directed by the fire code official.

18. Section 606.2 (“Where Required”) is amended to read as follows:
606.2 Where required. A Type I hood shall be required to be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease laden vapors. Cooking facilities in assembly occupancies, B occupancies containing kitchen cooking appliances, bed & breakfast, care facilities, community centers, congregate residences and/or other similar uses as determined by
the fire code official shall be considered commercial operations.

Protection of commercial cooking equipment shall be by means of an automatic fire-extinguishing system complying with UL-300, or another approved standard, that is listed and labeled for its intended use.

All Type I hood systems shall have a horn strobe device installed as a means of audible and visual notification. The horn strobe shall be activated by actuation of the system. Where a fire alarm is provided in a building, then the kitchen hood extinguishing system shall be connected to the fire alarm system and all other applicable Codes and Standards shall apply so that the actuation of the extinguishing system will sound the fire alarm and upon activation of the system, an audible alarm horn and visual indicator strobe at the same location shall be provided

19. Chapter 1, Section 112; Chapter 36; Appendix A; Appendix K; Appendix L; Appendix M; and Appendix N are deleted.

C. Fire Code Copy on File: One (1) copy has been and now is filed in the Office of the Fire Marshal of the City of Porterville and the same hereby adopted with the amendments herein set forth and incorporated as fully as if at length herein and provisions thereto shall be controlling within the limits of the City of Porterville. (Ord. 1865, 11-19-2019)
12-1.1.1: SEVERABILITY:

Ordinance No. 1920

If any provision of this article or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision of application, and to this end the provisions of this article are severable. (Ord. 1865, 11-19-2019)
12-1.2: CITY OF PORTERVILLE FIRE DEPARTMENT FIRE PREVENTION DIVISION; ESTABLISHED; SUPERVISION; ENFORCEMENT OF CHAPTER:

The Fire Code adopted by section 12-1.1 of this article shall be enforced by the City of Porterville Fire Prevention Division in the Fire Department of the City which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (Ord. 1865, 11-19-2019)
12-1.3: CITY OF PORTERVILLE FIRE DEPARTMENT FIRE PREVENTION DIVISION; FIRE MARSHAL IN CHARGE:

The Fire Marshal, named and appointed by the Chief of the Fire Department, shall be in charge of the City of Porterville Fire Prevention Division. (Ord. 1865, 11-19- 2019)
12-1.4: CITY OF PORTERVILLE FIRE DEPARTMENT FIRE PREVENTION DIVISION; MEANING OF TERM FIRE MARSHAL:

Where the Chief of the City of Porterville Fire Prevention Division is given the title "Fire Marshal" the words "Chief of the City of Porterville Fire Prevention Division " shall be held to mean the Fire Marshal who is the fire code official. (Ord. 1865, 11-19-2019)
12-1.5: APPLICABILITY OF COUNTY AIR POLLUTION RULES AND REGULATIONS TO ALL BURNING:

All burning within the City of Porterville shall comply with the rules and regulations of the Air Pollution Control District, County of Tulare, and State of California. (Ord. 1865, 11-19-2019)
12-1.6: STORAGE, OPERATION AND USE OF LIQUEFIED PETROLEUM GASES:

Nothing contained in the referenced edition of the Fire Code shall be construed as to exempt any person, firm or corporation from complying with all applicable regulations and restrictions of the zoning ordinance of the City of Porterville Ordinance No. 1920

regarding the storage, operation and use of liquefied petroleum gases (LPG). LPG may be used as a second fuel for emergency generators as permitted by the Fire Code. LPG will also be permitted for fueling mobile equipment. (Ord. 1865, 11-19- 2019)
12-1.7: APPEALS FROM ADMINISTRATIVE DECISIONS:

Whenever the Chief of the Fire Department or the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions or intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not apply, or an equally good or better form of construction is proposed, or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal may be made to the following board. The local fire board of appeals shall consist of five fire code officials, or their designee, from the following jurisdictions: Tulare County Fire, Kings County Fire, Visalia, Tulare, Dinuba and Fresno City. The City of Porterville fire code official shall serve as an ex officio and this appeals board shall only convene as needed. As an alternative to the appeals board listed above, the applicant may appeal to the California Office of the State Fire Marshal (OSFM) within thirty (30) days from the date of the decision. An appeal to the OSFM shall not be for relief from the appeals board. Should an applicant opt to appeal to the OSFM in lieu of the appeals board the decision of the State Fire Marshal shall be final. (Ord. 1865, 11-19-2019) 12-1.8: OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES:

A. All open burning, recreational fires and portable outdoor fireplaces shall comply with the requirements set forth in the California Fire Code.

B. Nothing within this article shall be construed as exempting a person from complying with the requirements set forth with San Joaquin Valley Air Pollution Control District.

C. Landowners must implement best management practices or reasonable alternatives to open burning for controlling and disposing of tumbleweeds on their property as set forth with San Joaquin Air Pollution Control District. A burn permit may be issued for burning tumbleweeds once the district has deemed that the only disposal method for the site is by open burning and the smoke will not affect smoke sensitive areas or contribute to a nuisance.

D. Permits are to be issued by SJVAPCD and permittee must comply with all requirements. Permittee must also notify the City of Porterville Fire Department prior to burning. (Ord. 1865, 11-19-2019)
Ordinance No. 1920

12-1.9: PERMITS FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES:

The City Manager, Chief of the Fire Department and the Chief of the City of Porterville Fire Prevention Division shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in such Code. The Chief of the City of Porterville Fire Prevention Division shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Ord. 1865, 11-19-2019) 12-1.10: VIOLATIONS; PENALTIES:

Any person who shall violate any of the provisions of the Fire Code adopted by section 12-1.1 of this article, or its amendments, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the State Fire Marshal or by a court of competent jurisdiction, within the time fixed herein, and any person violating any of the terms and provisions of this chapter with its amendments, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months in the City or County Jail, or by both such fine and imprisonment.

Alternatively, the City of Porterville reserves the right to enforce violations of this code utilizing the Administrative Citation process outlined in Chapter 2, Article 14 of the Porterville City Code. (Ord. 1865, 11-19-2019)
12-1.11: INTERFERENCE WITH OPERATION OR WORK OF FIRE DEPARTMENT 1:

It shall be unlawful for any person to interfere with any operation or work of the Fire Department of the City of Porterville or any of the members thereof while the same are engaged in work, training, or any other recognized, or authorized activity, or while responding to or operating at the same of any fire or other emergency within the City of Porterville. (Ord. 1865, 11-19-2019) Ordinance No. 1920

B. Proposed Porterville City Code addition:
§ 12-1.12 FIRE LANES ON PRIVATE PROPERTY.

The Fire Chief, Fire Code Official, or their authorized representative, is hereby authorized to prohibit the parking of vehicles or other device on those portions of private streets, alleys and parking lots which have been deemed necessary in order to provide adequate fire protection to such private property, pursuant to Section 504.4 of the 2025 California Fire Code, as adopted by the City of Porterville.
(A) It shall be unlawful for any person to stop, stand, or park any vehicle or other device on the private property of another where the owner of the property has, under the requirement of the Fire Chief, Fire Code Official, or their authorized representative, identified and required the marking of certain areas in accordance with the 2025 California Fire Code as adopted, sections 503.3 & D103.6. In addition to the signage requirements there shall also be a red painted curb marked with white lettering indicating “NO PARKING – FIRE LANE”. (B) In addition to the penalties associated with California Vehicle Code Section 22500.1, alternatively, or concurrent with a citation issued under that section, authorized Porterville City Officers and employees may enforce this ordinance through the Administrative Citation procedure outlined in Porterville City Code, Chapter 2, Article XIV. For the purpose of this violation, the fine amounts shall follow those amounts issued for Building and Life Safety violations. (C) A designated fire lane shall not serve as the main entrance to a building, development, or facility if doing so would block emergency vehicle access. While the two can exist side-by-side or in parallel, the design must ensure that the fire lane remains unobstructed at all times. This ordinance shall not alleviate the requirement for secondary Fire Apparatus Access where required. (D) An authorized and approved emergency vehicle as defined by the California Vehicle Code shall be exempt from the enforcement of this section when the vehicle and operator are recognized as in-service and on-duty.

C. Ordinance No. 1898 of the Municipal Code of the City of Porterville is hereby repealed.

D. This Ordinance shall be in full force and in effect on January 1, 2025. / / /
/ / /
/ / /
/ / /
Ordinance No. 1920

PASSED, APPROVED and ADOPTED this 18th day of November, 2025. _________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: ________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 12.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Consideration to Participate in Community Water Center Feasibility Study SOURCE: Public Works
COMMENT: The City received correspondence dated November 4, 2025, from the Community Water Center (CWC), acting on behalf of the State Water Resources Control Board’s Division of Drinking Water, inviting the City to participate in a feasibility study to evaluate potential long-term drinking water solutions for residents currently relying on domestic wells located within approximately one-half mile of the City’s existing water system and within the Urban Development Boundary.

Many of these households depend on domestic wells that may be susceptible to water quality degradation or declining groundwater levels. The feasibility study will evaluate potential solutions, including the technical and financial feasibility of consolidating these domestic well systems with the City’s municipal water system.

The Community Water Center is requesting a non-binding Letter of Interest from the City of Porterville to support inclusion in the feasibility study.

Participation would not obligate the City to provide water service, commit financial resources, or expand its water service area. The intent of the study is to collect information, evaluate potential alternatives, and identify whether consolidation is feasible and beneficial to both parties.

The feasibility study will be fully funded by the State Water Resources Control Board and is anticipated to take approximately 12 to 18 months to complete.

An engineering consultant under contract with the Community Water Center will conduct the technical evaluation, which may include infrastructure needs, connection locations, and long-term cost considerations. The City may also request reimbursement for staff time associated with participation in the study.

Should the City agree to participate, staff will coordinate with the Community Water Center to review the study’s scope of work, evaluate technical information, and ensure any analysis accurately reflects the City’s current and future water system capacity. Any future action regarding potential water Item No. 12.
system consolidation or service expansion will require separate City Council review and authorization.

A draft Letter of Interest confirming the City’s participation for evaluation purposes only is attached for City Council consideration.

This opportunity allows the City to participate in a fact-finding effort that may provide valuable data and insight into regional groundwater management while maintaining full local control over future policy decisions.

RECOMMENDATION: That the City Council:

1. Authorize the City of Porterville to participate in the Community Water Center Feasibility Study; and

2. Authorize the City Manager to execute a Letter of Interest with the Community Water Center supporting inclusion in the feasibility study.

ATTACHMENTS: 1. Letter to City of Porterville - Community Water Center

2. Draft Letter of Interest
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 




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November 18, 2025
Community Water Center
Attn: Jenny Rempel
Visalia, CA
Subject: Letter of Interest – State Water Resources Control Board Feasibility Study Dear Ms. Rempel:

The City of Porterville appreciates the opportunity to participate in the State Water Resources Control Board (SWRCB) Feasibility Study administered through the Community Water Center (CWC). The City understands that this effort seeks to evaluate potential long-term drinking water solutions for residents currently reliant on domestic wells located within approximately one-half mile of the City’s water system and within the City’s Urban Development Boundary.

The City supports participation in this non-binding feasibility study to assist in identifying potential technical and financial solutions that may improve local access to safe and reliable drinking water.

Participation will allow the City to review and provide input on study data and proposed alternatives while retaining full discretion over any future action or decision.

The City’s participation in this study is intended for information-gathering purposes only and does not obligate the City to provide water service, commit financial resources, or pursue system consolidation.

Any future proposals involving water service expansion or consolidation would require separate review and authorization by the City Council.

We look forward to collaborating with the Community Water Center and the State Water Resources Control Board as this feasibility study progresses. Please contact the Public Works Department at (559) 782-7499 for coordination of next steps.

Sincerely,
Richard Tree
City Manager
City of Porterville
Item No. 13.

CITY COUNCIL AGENDA – NOVEMBER 18, 2025
SUBJECT: Consideration of Amendments to the City Council Procedural Handbook SOURCE: City Manager's Office
COMMENT: At the City Council meeting of November 4, 2025, the City Council discussed potential amendments to the City Council Procedural Handbook to improve the flow and efficiency of meetings and to clarify certain administrative and policy provisions.

As part of that discussion, Vice Mayor McKervey recommended modifying the Order of Business by moving Informational Reports and Committee and Commission Reports before Oral Communications. Mayor Meister also requested the addition of a Council Comments section at the beginning of the general session before Oral Communications.

The City Attorney reviewed the Procedural Handbook and suggested additional updates to ensure consistency with applicable law and current practices. These include clarifications to Section F regarding Council Member meetings with members of the public, as well as revisions to Appendix F – Social Media Policy.

Both redlined versions are attached for Council review and consideration.

The attached Draft Resolution revises the Order of Business consistent with the City Council’s direction and rescinds Resolution No. 08-2023. Upon adoption, the approved amendments will be incorporated into the next edition of the City Council Procedural Handbook.

RECOMMENDATION: That the City Council:

1. Adopt the attached Draft Resolution revising the Order of Business and rescinding Resolution No. 08-2023;

2. Approve the updated Appendix F (Social Media Policy) as reviewed and recommended by the City Attorney; and

3. Approve the updated City Council Procedural Handbook incorporating the redline amendments, including the clarification to Section F.

Item No. 13.

ATTACHMENTS: 1. November 04, 2025 Staff Report

2. Draft Resolution - Order of Business

3. City Council Handbook_Redline_2025

4. Appendix F - Social Media Policy_Redline
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 27.

CITY COUNCIL AGENDA – NOVEMBER 4, 2025
SUBJECT: Consideration of Amendments to the City Council Procedural Handbook SOURCE: City Manager's Office
COMMENT: The City Council Procedural Handbook serves as the guiding document for the Council’s operating procedures, communication protocols, and standards for the use of City resources. The Handbook is periodically reviewed and updated to reflect current practices, evolving legal standards, and Council direction.

Over the years, the City Council has approved several updates to the Procedural Handbook to ensure consistency and transparency in City operations. Notably, amendments were adopted on December 17, 2019, to reorganize meeting procedures and improve readability; on December 20, 2022, and February 7, 2023, to include provisions related to social media practices, the Council communication log, and responses to state and federal directives; and on December 19, 2023, to clarify the process for issuing City and Council Member proclamations.

As part of the City’s continued commitment to effective governance and clear communication, staff recommends that the City Council review the Procedural Handbook to consider adding language that provides clear and consistent guidance regarding when and how City facilities, staff support, the City logo, and official City social media platforms may be used for community outreach and informational meetings. Establishing such guidance will help ensure transparency, consistency, and compliance with applicable laws and City policies.

To assist with the discussion, staff recommends that the Council consider incorporating the following clarifications into the City Council Procedural Handbook:

1. Establish guidelines defining permissible and prohibited uses of City facilities, equipment, and staff resources by Council Members for public outreach events.

2. Clarify when and how the City seal and logo may be used in connection with Council Member communications, to ensure that the seal and logo are not inappropriately used for private or political activities.

3. Add language requiring Council approval of any new or expanded use Item No. 27.
of City resources or official City social media for Council Member events, beyond what is provided for in the Handbook.

4. Include a reference to relevant provisions of the California Government Code and Fair Political Practices Commission (FPPC) rules regarding the use of public resources for campaign-related purposes.

For historical reference, the most recently adopted City Council Procedural Handbook (2023) is attached. This version includes policies concerning the use of City devices, email, and social media, as well as the Council communication log, which together provide the framework for current Council operations.

Any proposed revisions would be prepared by staff and the City Attorney and returned for City Council consideration at a future meeting.

RECOMMENDATION: That the City Council review and discuss potential amendments to the City Council Procedural Handbook and provide direction to staff and the City Attorney regarding any desired revisions.

ATTACHMENTS: 1. Council Procedural Handbook
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, 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 RESCINDING RESOLUTION 08-2023 AND

ESTABLISHING NEW ORDER OF BUSINESS TO BE FOLLOWED AT

REGULAR MEETINGS OF THE CITY COUNCIL
Be It Resolved by the City Council of the City of Porterville that Resolution No. 08-2023 is herein rescinded.

Be It Further Resolved that the following is the order of business to be followed in conducting the regular meetings of the City Council.
 MEETING CALLED TO ORDER
 ROLL CALL
 ORAL COMMUNICATIONS (closed session items only)
 CLOSED SESSION(S)
 RECONVENE OPEN SESSION
 REPORT ON ACTION TAKEN IN CLOSED SESSION
 PLEDGE OF ALLEGIANCE
 INVOCATION
 COUNCIL COMMENTS
 PRESENTATIONS
 STAFF INFORMATIONAL REPORTS
 COMMITTEE AND COMMISSION REPORTS
 ORAL COMMUNICATIONS (on any matter of interest)
 CONSENT CALENDAR – to include:

Approval of Minutes
Claims Against the City
Payments on Public Works Projects
Authorization to Purchase
Authorization to Call for Bids
Award of Bids
Acceptance of Projects
Acceptance of Final Tract Maps
Annexations
Requests for City Services
Reports
Other Routine Matters
 PUBLIC HEARINGS
 SECOND READINGS OF ORDINANCES
 SCHEDULED MATTERS
 AB1234 REPORTS
Resolution No. _____-2025

 ORAL COMMUNICATIONS (on any matter of interest)
 COUNCIL COMMENTS
 ADJOURNMENT
PASSED, ADOPTED AND APPROVED this 18th day of November, 2025. _______________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
_____________________________________________
By: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY COUNCIL

PROCEDURAL

HANDBOOK

The Office of City Clerk
291 North Main Street
Porterville, CA 93257
Tel: (559) 782-7464
Fax: (559) 782-7452
www.ci.porterville.ca.us
As of November 18, 2025 As of December 19, 2023
City Council Procedural Handbook
As of November 18, 2025 As of December 19, 2023

TABLE OF CONTENTS
I. PREAMBLE 4
II. MEETINGS OF COUNCIL 5
A. Regular Meetings 5
B. Adjourned Meetings/Study Sessions 5
C. Special Meetings 6
D. Order of Business 6
E. Consent Items 7
III. MEETING PROCEDURES 8
A. Presiding Officer 8
B. Quorum 8
C. Discussion Rules 8

IV. COUNCIL REQUESTS FROM THE PUBLIC 10
A. Response to Letters from the Public 10
B. Referrals to Council Agenda 10
C. Telephone Calls 11
D. Personal Meetings 11
E. Personal Correspondence 12
F. Out-of-District Requests 12
G. Proclamation Approval Process 12
V. COUNCIL MEMBER REQUESTS TO STAFF 14
A. General Information 14
B. Research 14
C. Items for Inclusion in Council Agenda 14
VI. COUNCIL AGENDA 16
A. Preparation 16
B. Deadlines 16
C. Delivery 16

VII. THE BROWN ACT 17

VIII. TRAVEL, MEETINGS & EXPENSES 18
A. Requests for Reservations 18
B. Travel and Expense Form 19
C. Receipts 19
D. Eligibility 19
E. Event Tickets 20
F. Council Member Meetings with District Constituents 20 City Council Procedural Handbook
As of November 18, 2025 As of December 19, 2023

IX. CONFLICT OF INTEREST 21
A. City Council Members’ Filing Requirements 21
B. Other Agencies 23
C. Redevelopment Agency Filing Requirements 23
D. City of Porterville Conflict of Interest Code 23
X. GENERAL ITEMS 24
A. Different Hats 24
B. Compensation 24
C. Issuance of Laptop Computers to Council Members 24
D. Social Media 24
E. Directions to Support Staff 24
F. City Attorney 25
G. Annual City Manager/City Attorney Evaluations 25
H. Response to President/Governor Directives 25
APPENDICES 26

A. Resolution XXX-2025 08-2023, Order of Business
B. Resolution 99-2012, Ticket Policy
C. Annual City Manager/City Attorney Evaluation Forms
D. Electronic Device, Internet and Email Policy
E. Email Retention Policy
F. Social Media Policy
G. Optional Council Communication Log

City Council Procedural Handbook
As of November 18, 2025 As of December 19, 2023

PREAMBLE
The residents and businesses of the City of Porterville are entitled to have fair, ethical, and accountable local government. Such a government requires that:
 Public Officials comply with both the letter and spirit of the laws and policies affecting operations of the government;
 Public Officials be independent, impartial, and fair in their judgment and actions;
 Public office be used for the public good, not for personal gain; and  Deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

No part of this Handbook shall be interpreted so as to violate any federal or state law; a Council Member’s Oath of Office; a Council Member’s moral or ethical responsibilities; or the exercise of a Council Member’s individual rights afforded him/her by the U.S. Constitution.

To this end, the City Council of the City of Porterville hereby approves of and affirms the above to encourage public confidence in the integrity of local government and its operations. (Minute Order 21-070511, July 5, 2011.)
City Council Procedural Handbook
As of November 18, 2025 As of December 19, 2023

II. MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding regular meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary consideration when decisions are made as to time, location and frequency.

Except as otherwise provided by law, all meetings of the Council shall be open to the public.

A. REGULAR MEETINGS

1. Pursuant to Section 10 of the City Charter, Regular Meetings of the Porterville City Council shall be held on the first and third Tuesday of each month in the Council Chambers at City Hall, 291 North Main Street, in the City. The Regular Meetings will commence at five thirty o’clock (5:30) P.M., with Closed Sessions commencing at five thirty o’clock (5:30) P.M., and Open Session commencing at six thirty o’clock (6:30) P.M. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day, or as determined by Council. (Ordinance 1766, August 17, 2010; M.O. 15-09181, September 18, 2012.)

2. Following the mid-meeting break (around 9:00 p.m.) the Mayor, with assistance from the City Manager, will review the balance of the agenda with Council to discuss how it can be handled in the allowed time. If it is necessary to continue any items, it will be announced at that time.

B. ADJOURNED MEETINGS/STUDY SESSIONS (Open to the public)

1. The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants and the City Council regarding specific programs, projects or policies. If noticed, formal action may be taken at such a meeting.

2. Adjourned Meetings/Study Sessions will be held at a time and place convenient to Council and advantageous for public participation.

3. Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council.

City Council Procedural Handbook
As of November 18, 2025 As of December 19, 2023

C. SPECIAL MEETINGS

1. Special meetings may be called by the Mayor or three members of the City Council. (Gov. Code Section 54956) Written notice of each special meeting must be given not less than twenty-four (24) hours before such meeting to each member of the City Council not joining the call.

2. Written notice must be given to the City Council and to the media 24 hours prior to each meeting. (Gov. Code Section 54956)

3. A supplemental telephone call shall be made if necessary to notify each Council Member.

4. No business other than that announced shall be discussed.

5. Any special meeting held at a place other than City Hall shall be open to the public. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection.

D. ORDER OF BUSINESS:

Meeting called to Order
Roll Call
Oral Communications (closed session items only)
Closed Session(s)
Reconvene Open Session
Report on Action taken in Closed Session
Pledge of Allegiance
Invocation
Council Comments
Presentations
Committee and Commission Reports
Staff Informational Reports
Presentations
Oral Communications (on any matter of interest)
Committee and Commission Reports
Staff Informational Reports
Consent Calendar – to include:

Approval of Minutes
Claims Against the City
Payment of Bills
Payments on Public Works Projects
Authorization to Purchase
City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

Authorization to Call for Bids
Award of Bids
Acceptance of Projects
Acceptance of Dedications/Property
Approval of Final Tract Maps
Annexations
Requests for City Services
Reports
Other Routine Matters
Public Hearings
Second Readings of Ordinances
Scheduled Matters
AB 1234 Reports
Oral Communications (on any matter of interest)
Council Comments
Adjournment
(Resolution XX08-20253, February 7November 18, 20253, attached as Appendix A.)
E. CONSENT ITEMS

1. Consent items are the first items on the open session portion of the agenda (items that are routine, have been discussed before, relate to implementation of approved budget items, or to City operations or item to be later set for public hearing).

2. Any item removed from the Consent Calendar shall be considered immediately after the last Scheduled Matter on the agenda and immediately before the Second Oral Communications. (M.O. 16-091812, September 18, 2012.) City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

III. MEETING PROCEDURES
A. PRESIDING OFFICER

1. The Mayor is the Presiding Officer and acts as Chair at Council meetings.

2. In the absence or incapacity of the Mayor, the Vice Mayor as Mayor Pro Tempore will serve as Presiding Officer. In the absence of both the Mayor and Vice Mayor, the Council Members present shall select one of their number to serve as Presiding Officer for that meeting. (Amended via Minute Order 08- 071911, July 19, 2011.)

3. Seating arrangement of the Council:

Seating arrangements shall be at Council discretion with preference being given to health conditions, seniority, individual Council Member preferences, and the Mayor’s preference, in that order. (Amended via Minute Order 08-071911, July 19, 2011.)

4. Signing of City Documents:

The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature; except when the City Manager, or his or her designee, has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor may sign the required documents. (Amended via Minute Order 08-071911, July 19, 2011.)
B. QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business. (City Charter)
C. DISCUSSION RULES

1. Obtaining the floor:
a. A member of the City Council, staff, or public shall first address the Presiding Officer and gain recognition.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

b. Comments and questions shall be limited to the issue before Council except when members of the public are addressing the Council under Oral Communications.
c. Cross-exchange between Council Members, staff or public shall be avoided.
d. Any citizen may arise and address the City Council on any business especially concerning them or affecting their interests during Oral Communications, but preference will be given to those who have first presented matters in the form of a written communication or who have personally notified the presiding officer of their desire to speak. e. Any member or other person using profane, vulgar, loud or boisterous language at any meeting, or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the Mayor or Mayor Pro Tem of the City Council, shall be guilty of a misdemeanor. It shall be the duty of the Chief of Police, upon order of the presiding officer, to eject any such member or person from the council room. (Ordinance 1537)

2. Questions to staff:

A Council Member shall, after recognition by the Presiding Officer, address questions to duly designated staff members through the City Manager.

3. Interruptions:
a. Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. b. If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. c. Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

IV. COUNCIL REQUESTS FROM THE PUBLIC
A. Response to Letters from the Public
Periodically Council Members receive letters requesting their response. If a Council Member wishes to answer the letter, the matter can be handled in either of three ways:

1. The Council Member can give the letter to the City Manager's Secretary along with direction on how they wish their response to be worded. The City Manager's staff will then prepare the letter on City Council stationery and forward it to the appropriate Council Member for approval and signature.

Copies of both letters are kept on file in the City Manager's Office, and copies are available upon request.

2. If the letter requires specific information or details only available from another City Department, the City Manager may refer the letter to the appropriate Department Head for response by them or their designee. Copies of the letters will then be forwarded to the City Manager's Office for filing.

3. If the Council Member wishes to answer their own correspondence, City stationery is available upon request from the City Manager's secretary. Copies of all such letters on City Letterhead shall be provided to all other Council members, and the letter shall include a provision clearly defining that the correspondence represents the views and/or feelings of the specific Council member signing the letter. If the Council Member wishes to have a copy of the letters in their file, they should submit a copy to the City Manager’s staff for filing.

If a Council Member receives an informational item and wants a copy to be given to the other Council Members and the City Manager or other Directors, the item should be given to the City Manager's staff and copies will be made and sent out.

B. Referrals to Council Agenda
Periodically Council Members receive correspondence or verbal requests for items to be acted upon, or considered, by the City Council. If a Council Member wishes to respond to the request, the matter should be referred to the City Manager. The request can then be handled as follows:

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

1. The Council Member may request the City Manager to place the item on the Council agenda as a written communication (however, the request must be stated on the agenda face sheet for Council to be able to act on it at the meeting); or

2. Upon research, the request may be determined to be a violation of City, State or Federal law, policy, or previous Council determination, in which case an appropriate response as to why the matter can not be heard will be provided to the requesting party.

Correspondence requesting that an item be acted upon, or considered, by the City Council, which is received directly by the City Manager, is handled in either of two ways:

1. The City Manager shall place any routine and/or legitimate written request under written communications*, or have a staff report prepared if time permits, for the next City Council agenda; or

2. The City Manager shall place any request which has already been acted upon by Council, cannot legally be accomplished, or which has a potential for litigation, in an Administrative Memorandum.

C. Telephone Calls
Citizens attempting to communicate with the City Council often call the offices at City Hall. Such calls are referred to the City Manager's Office. The City Manager's staff will take a message and refer it to the appropriate Council Member, or give the caller the telephone number of the City Council Member so they may call them directly, according to instructions given by the Council Member [see X-D (3)].

D. Personal Meetings
Council Members who wish to meet with their constituents may use various rooms at City Hall. The Council Member should call the City Manager's Secretary as soon as they know a room is needed so that it can be reserved for their use. No more than two Council Members may attend a meeting to discuss City matters without the meeting becoming a public meeting and therefore falling under the requirements of the Brown Act Open Meeting Laws.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

E. Personal Correspondence
Council Members who wish to send their own correspondence using City stationery shall include a provision clearly defining that the correspondence represents the views and/or feelings of the specific Council member signing the letter. Copies of all such letters on City Letterhead shall be provided to all other Council members. Letterhead stationery is available upon request from the City Manager's secretary, and if the Council Member wishes to have a copy of their letter in their file, they should submit a copy to the City Manager’s staff for filing.

F. Out-of-District Requests
On occasion, Council Members will be contacted by citizens residing outside of their respective districts. When this occurs, City Council Members agree to advise the appropriate Council Member of the contact and matter of concern. A Council Communication Log (see Appendix G) is provided for Council’s convenience and optional use.

G. Requests for Proclamations
The City routinely receives requests for proclamations. To qualify as a proclamation, the language should be ceremonial and not convey legislative action or represent that it is establishing City policy or directives. Each individual Council Member has the authority to grant and sign proclamations on their own respective behalf if they are processed in accordance with this Section. The City Council may grant and sign “City Proclamations,” only if the proclamation is approved by the City Council at a noticed and public City Council meeting in accordance with the Brown Act, and these proclamations shall be deemed to be “City Proclamations” and have the City Seal affixed.

Within one business day of receipt of a Request for Proclamation, staff shall scan and email the request to all City Council Members. In the event a Council Member is interested in granting the request, they shall individually notify staff of their interest. If more than one Council Member responds, the first responsive notification received by staff shall be the grantor. Staff shall then advise the remaining Council Members as to interest in signing the proclamation, and the Council Members shall have one business day to reply, after which the proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members. If more than two council members respond that they are interested in signing the proclamation, a consent calendar item will be prepared for the next scheduled city council meeting, for full City Council consideration. Approved City Proclamations may be signed by the Mayor, although the Mayor’s signature shall not be compelled. Additionally, the City Council City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

may provide express authority regarding additional members who wish to also be signatories.

All signed proclamations will be made available in the Office of City Clerk for pick up by the requestor unless arrangements have been made for presentation at a certain event.

Proclamations shall not be included on the Council Agenda nor presented at a Council Meeting unless approved by a majority of the entire Council. Staff shall provide a monthly informational report to the City Council identifying the proclamations for the preceding month. (Amended via Minute Order 15-121923, December 19, 2023.) City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

V. COUNCIL MEMBER REQUESTS TO STAFF
A. General Information
All City Council Member requests for information or documents shall be referred through the City Manager. Any Department Head who receives a direct request from a Council Member shall submit the request, including the name of the requesting Council Member, to the City Manager.

B. Research
All City Council Member requests for information or documents which require extensive research, in the opinion of the City Manager, shall be referred through the City Manager to the Council for direction. The City Manager will discuss the matter with the appropriate department and relay the approximate time table for completion to the City Council for discussion and action at the next available meeting of the City Council. If the request is approved by the Council, upon completion of the research, the information or documents will be forwarded to the City Council Members by the City Manager. (Amended via Minute Order 08-071911, July 19, 2011.) C. Items for inclusion in Council Agenda
The City Manager shall compile the agenda for each meeting and shall include as agenda items, business in the normal course of City affairs, including but not limited to staff proposals to improve services, support the economy and land use, and enhance the efficiency and effectiveness of the City organization, items relating to current, past, and proposed City contracts, leases, franchises, agreements and similar documents, and matters affecting future or proposed City equipment and property, items relating to City employees, agents and contractors, and such other matters as are defined in this handbook or otherwise directed by the City Council.

All City Council Member requests for an item to be placed on the Council agenda shall be made in writing to the City Manager. Such request shall be submitted prior to Wednesday noon of the week before the Council meeting in order to be placed on the next regularly scheduled meeting. (Amended via M.O. 13-111814, November 18, 2014, and via M.O. 13-052119, May 21, 2019.)
City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

The City Manager shall place any Council Member request for an agenda item on the next available agenda as a Consent Calendar item for Council approval to be included as a Scheduled Matter on the next available agenda. This does not prevent any Council Member from moving to place an item on the next available agenda during Other Matters of the current agenda. (Amended via Minute Order 08-071911, July 19, 2011.) City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

VI. COUNCIL AGENDA
A. Preparation:

Each Department Head submits their departmental agenda items to the City Manager for approval utilizing the City’s electronic agenda management system. (Amended via M.O. 11-111814, November 18, 2014.)
The City Council meeting agendas are prepared on the Thursday prior to the Tuesday meeting. Any questions regarding whether items have been scheduled for consideration at a particular meeting may be directed to the Chief Deputy City Clerk and/or Deputy City Clerk.

B. Deadlines:

The deadlines for the agenda are the Monday preceding the Thursday preparation day.

Public hearing items, scheduled matter items, Consent calendar items, and written communications must be submitted by the Monday deadline. The deadline for a Council member request for any item shall be Wednesday noon preceding the Thursday preparation day. (Amended via M.O. 13-111814, November 18, 2014.) C. Delivery:

Agendas will be delivered to Council on the Thursday prior to the Tuesday meeting via an emailed link to the electronic agenda packet posted on the City’s website. No items, or additional materials, shall be delivered after the initial delivery to Council on Thursday, except in the instance of a designated emergency item.

Once the Agenda is made available to the City Council, it is available to the public. (Amended via M.O. 11-111814, November 18, 2014.)
City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

VII. THE RALPH M. BROWN ACT
The Ralph M. Brown Act (California Government Code Section 54950 et seq.) governs meetings conducted by local legislative bodies such as city councils, boards of supervisors, special districts, and school boards. The Act represents the State Legislature's determination of how the balance should be struck between the public access to meetings of multi-member public bodies on one hand, and the need for confidential candor, debate, and information gathering on the other.

The Act contains specific exceptions from the open meeting requirements where government has a demonstrated need for confidentiality. Where matters are not subject to a closed meeting exception, the Act has been interpreted to mean that all of the deliberative processes by legislative bodies, including discussion, debate and the acquisition of information, be open and available for public scrutiny.

Meetings are defined as any gathering of a quorum of a legislative body (which includes newly elected but unsworn members of the body) to discuss or transact business under the body's jurisdiction and serial meetings are prohibited. Exemptions are individual contacts between board members and others which do not constitute serial meetings, attendance at conferences and meetings which are open to the public so long as legislative bodies do not discuss amongst themselves business of a specific nature under the body's jurisdiction, and attendance at social or ceremonial events where no business of the body is discussed.

The Act requires that notices of regular meetings must be posted at least seventy-two (72) hours prior to the meeting, and twenty-four (24) hour notice must be provided to members of the legislative body and media outlets for special meetings.

A user's guide to the Ralph M. Brown Act is provided to Council Members for their information. If a Council Member has a specific question which does not seem to be covered in the guide, the Council Member should contact the City Attorney for a legal opinion.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

VIII. TRAVEL, MEETINGS AND EXPENSES
This policy would satisfy the requirements of California Government Code §§ 53232.2 and 53233.3 in the event such requirements could be constitutionally applied to charter cities.

The City Manager, or his staff, will notify the City Council Members about any League of California Cities' Conferences, Committee meetings, and/or local meetings that may be of interest to the Council. If a Council Member is interested in attending any such meeting, the following procedures should be followed:

A. Requests for Reservations:

When a City Council Member wishes to attend a conference or meeting, he/she should contact the City Manager's office and indicate the following:

1. The date(s) of the conference or meeting;

2. If the Council Member will be accompanied by anyone else, i.e. spouse, child;

3. Any personal preferences for hotel reservations, such as smoking or nonsmoking, king or double beds, etc.; and

4. Whether special travel arrangements need to be made, i.e. airplane tickets, ridesharing, etc.

A disbursement will then be prepared and the payment for the conference or meeting will be forwarded, and, if applicable, the hotel will be contacted to make the appropriate reservations. When making hotel reservations to attend a conference or meeting, a request for a room sales tax waiver shall be made on behalf of the applicable Council member. If a prior room reservation request is not made, the Council member shall request a room sales tax waiver prior to payment for a room.

For lodging in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question, if such rates are available at the time of booking. If the group rate is not available, government rates must be used when available. Lodging rates that are equal or less than the government rates are presumed to be reasonable and allowed per this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence allowed.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

B. Travel and Expense Form:

A Travel and Expense Form will then be prepared for the Council Member which indicates the following:

1. The amount of money to be issued to the traveler as per diem*; and

2. Mileage expense* (if a personal vehicle is used for travel and cost is paid in advance).
* Amount set in Administrative Policy Manual Sec. II-E-1, Travel & Conference Expenses. In regard to the per diem amount, if payments for expenses are made in advance pursuant to the specified per diem amounts, the disbursement shall not be considered to be reimbursable expense under AB 1234.

The Council Member will then be issued a packet of materials several days prior to the meeting which contains the following:

1. A check for per diem and mileage;

2. Confirmation notification and informational materials regarding the conference;

3. Confirmation notification for any hotel reservations; and

4. A City credit card to pay for the room charges at the end of the meeting.

C. Receipts:

The Council Member shall then bring the receipt for the hotel charges to the City Manager's staff upon his/her return, together with the credit card, and any refund due the City. The Council Member shall sign the original Travel and Expense Form at that time, which shall then be filed with the Finance Department for final processing.

If a refund is due the Council Member, a check will be issued by the Finance Department and then distributed to the Council Member.

D. Eligibility:

The City shall pay for any Council Member to attend any meetings or conferences of their choice. City Council approval shall not be required unless it is required by AB 1234. A Council Member may request mileage and other expenses associated with attending meetings of boards, commissions, committees, or other groups to which the Council Member has been elected, appointed, or designated to attend by the City Council without further approval or ratification. When accompanied by a spouse, significant other, and/or one or more children, the Council Member shall pay for expenses incurred above that which would otherwise have been paid for the Council Member. Any charge placed on a City credit card for someone other than a Council City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

Member shall also be considered a refund due the City, payable within 10 days of the receipt of the charges. (Amended via Minute Order 18-091812, September 18, 2012.) E. Event Tickets :

1. City and City-Sponsored Events:

A Council Member may accept no more than two (2) tickets issued by the City to a City event or a City-sponsored event. Any tickets in excess of two (2) accepted by a Council Member shall be paid for by the Council Member from non-City funds at the time of acceptance of the tickets. (Resolution No. 97- 2019, December 3, 2019, attached as Appendix B)

2. Non-City Sponsored Events:

A Council Member may accept one (1) ticket issued by the event sponsor if attending the event in his/her capacity as a City Council Member. Any additional tickets shall be paid for by the Council Member from non-City funds at the time of acceptance of the tickets. (Resolution No. 97-2019, December 3, 2019, attached as Appendix B)
F. Council Member Meetings with District Constituents Members of the Public:

Notwithstanding prior annual budgetary approval of the council members’ discretionary funds, nNo City funds or resources shall be used to pay for expenses related to meetings held by individual Council Members with members of the public,their constituents, unless express prior approval is received from the Council. This does not pertain to City Council Members holding meetings in designated conference rooms at City Hall.

Under no circumstances shall City funds or resources be used for personal or campaign purposes. (Via M.O. 13-052119, May 21, 2019, and M.O.______, November 18, 2025.) City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

IX. CONFLICT OF INTEREST
A. City Council Members Filing Requirements
City Council Members are under the provisions of the Political Reform Act (Gov. Code, Section 81000 et seq. known as "the Act") as enforced by the Fair Political Practices Commission (“FPPC”). The Act applies to campaign contributions requirements, as well as matters of conflict of interest while in office.

1. Disclosure of Economic Interests:

City Council Members must file assuming office and leaving office statements, as well as annual statements while in office. The statements basically require the disclosure of the following information:
 Investments or interests in real property and its fair market value;  Income, and the name and address of each source of income aggregating five hundred dollars ($500) or more, or fifty ($50) or more if a gift, and a general description of the business activity, if any of each source;
 Interests in real property held by a business entity or trust;  Loans, and its annual interest rate and the security, if any, given for the loan;

2. Disqualification of Participation (Conflict of Interest):

A Council Member shall not make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. This might include decisions which affect property within up to 500 feet of the subject property in which the Council Member has an interest.

A financial interest in a decision, within the meaning of Section 87100 of the Act, is if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the Council Member or:

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

 A member of his or her immediate family;
 A business entity in which the Council Member has a direct or indirect investment worth $2000 or more;
 Any real property in which the Council Member has a direct or indirect interest worth $2,000 or more;
 Any source of income, other than gifts or commercial lending institutes loans, aggregating $500 or more received or promised to the City Council Member within twelve months prior to the time when the decision is made;
 Any business entity in which the City Council Member is a director, partner, trustee, employee, or holds any position of management;
 Any donor, or any intermediary or agent for a donor, or a gift or gifts aggregating $420 or more in value provided to, received by, or promised to the City Council Member within 12 months prior to the time when the decision is made.

Indirect investment or interest means any investments or interest owned by the spouse or dependent child of a City Council Member, by an agent on behalf of a Council Member, or by a business entity or trust in which the Council Member, the Council Member's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10% interest or greater.

Section 87100 of the Act does not prevent any Council Member from making or participating in the making of a governmental decision to the extent his participation is legally required for the action or decision to be made. The fact that a Council Member's vote is needed to break a tie does not make his participation legally required for purposes of this section.

Pursuant to Section 87105 of the Act, a public official who holds an office specified in Section 87200 who has a financial interest in a decision within the meaning of Section 87100 shall, upon identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the following:

a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required. b. Recuse himself or herself from discussing and voting on the matter, or otherwise acting in violation of Section 87100. c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters.
d. Notwithstanding paragraph (3), a public official may speak on the issue during the time that the general public speaks on the issue.

B. Other Agencies:

Whenever a Council Member is required to file a Statement of Economic Interest for an outside agency, the Deputy City Clerk will provide the correct form, and using the Statement of Economic Interest Form 700 filed in the City Clerk's Office for the City of Porterville, prepare a duplicate statement for signature, and forward the appropriate form to the requesting agency.

D. City of Porterville Conflict of Interest Code:

Certain designated City employees are also required to file conflict of interest forms under the provisions of the Political Reform Act Code, Sections 87100-87500 et seq.

The City of Porterville Conflict of Interest Code was adopted by the City Council and is reviewed biennially to make sure it is kept current.

If Council Members have a question on whether an interest they have is sufficient for disqualification, they should contact the Fair Political Practices Commission at (866) 275-3772, or http://www.fppc.ca.gov, for a ruling or opinion.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

X. GENERAL ITEMS
A. Different Hats
Members of the City Council also serve as the governing bodies for the following local agencies:

1. Successor Agency to the Porterville Redevelopment Agency

2. Industrial Development Authority

3. Public Financing Authority

4. Public Improvement Corporation

5. Planning Commission

6. Conflicts and Disclosure Monitor Agency
B. Compensation
As stated in the City Charter, Section 9, City Council Members shall receive $20 per Council meeting, $25 per Council meeting for the Mayor, with a maximum of seven paid Council meetings per month.

C. Issuance of Electronic Devices to Council Members
An Electronic Device, Internet, and Email Policy has been developed as set forth in Minute Order 14-090605. (See Appendix D)
D. Social Media

The City Council Members recognize that their individual use of social media tools such as Facebook, Twitter, Instagram, etc. should be done in a manner consistent with the Public Records Act, Brown Act and other appliable laws. The City council has adopted a policy in an effort to strike an appropriate balance between privacy, liability and public records concerns, and to keep clear distinctions between official and personal accounts. (See Appendix F)
E. Direction to Support Staff:

Upon assuming office, Council Members should notify the City Manager's staff regarding the following items:

1. Where to deliver Administrative Reports and Memorandums, i.e. home or business.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

2. How to direct citizens who wish to speak to Council Members, i.e. take a message, give out home telephone numbers, give out business telephone numbers, etc.

F. City Attorney
The City Attorney is the legal advisor of the City Council, and all other City officials.

The City Attorney shall prosecute all violations of City ordinances and shall draft all contracts and other legal documents and instruments, required by the Council or the City Manager. The City Attorney shall perform such other legal services as the Council may direct and shall attend all meetings of the Council unless excused therefrom by three members or by the Mayor.

The types of questions referred to the City Attorney are as follows:

1. Generally whether a conflict of interest exists for a Council Member and whether they should abstain from voting on a specific matter.

Please note: Any advice received from the City Attorney relating to Conflicts of Interests is informal only and not binding; the Council Member must seek and obtain a formal written opinion from the FPPC in order to be afforded any statutory immunities. FPPC Advice Line: (866) 275-3772.

2. Whether an issue has a legal standing, and what type of action would be appropriate.

3. Legal recommendations for matters of litigation.

G. Annual City Manager/City Attorney Evaluations
The City Council shall provide for annual evaluations for the City Manager and the City Attorney. A standardized evaluation form shall be used which shall address the areas of importance as set forth by the City Council. (See Appendix C.) H. Response to President/Governor Directives
Directives issued by the President of the United States and/or Governor of the State of California shall not be considered a mandatory directive to the City of Porterville except as authorized and/or approved by the City Council. The one exception to this rule is that flags on City buildings shall be flown at half-staff upon orders by the President, Governor and/or Mayor, or by majority approval of the City Council.

City Council Procedural Handbook
As of November 18, 2025As of December 19, 2023

APPENDICES
A. Resolution XX08-20253, Order of Business
B. Resolution 97-2019, Ticket Policy
C. Annual City Manager/City Attorney Evaluation Forms
D. Electronic Device, Internet, and Email Policy
E. Email Retention Policy
F. Social Media Policy
G. Optional Council Communication Log

RESOLUTION #______ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE RESCINDING RESOLUTION 08-2023 AND

ESTABLISHING NEW ORDER OF BUSINESS TO BE FOLLOWED AT

REGULAR MEETINGS OF THE CITY COUNCIL
Be It Resolved by the City Council of the City of Porterville that Resolution No. 08-2023 is herein rescinded.

Be It Further Resolved that the following is the order of business to be followed in conducting the regular meetings of the City Council.
 MEETING CALLED TO ORDER
 ROLL CALL
 ORAL COMMUNICATIONS (closed session items only)
 CLOSED SESSION(S)
 RECONVENE OPEN SESSION
 REPORT ON ACTION TAKEN IN CLOSED SESSION
 PLEDGE OF ALLEGIANCE
 INVOCATION
 COUNCIL COMMENTS
 PRESENTATIONS
 STAFF INFORMATIONAL REPORTS
 COMMITTEE AND COMMISSION REPORTS
 ORAL COMMUNICATIONS (on any matter of interest)
 CONSENT CALENDAR – to include:

Approval of Minutes
Claims Against the City
Payments on Public Works Projects
Authorization to Purchase
Authorization to Call for Bids
Award of Bids
Acceptance of Projects
Acceptance of Final Tract Maps
Annexations
Requests for City Services
Reports
Other Routine Matters
 PUBLIC HEARINGS
 SECOND READINGS OF ORDINANCES
 SCHEDULED MATTERS
 AB1234 REPORTS
XX
"APPENDIX A"
Resolution No. _____-2025

 ORAL COMMUNICATIONS (on any matter of interest)
 COUNCIL COMMENTS
 ADJOURNMENT
PASSED, ADOPTED AND APPROVED this 4th day of November, 2025. _______________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
_____________________________________________
By: Fernando Gabriel-Moraga, Chief Deputy City Clerk

APPENDIX B

APPENDIX C

CITY MANAGER

PERFORMANCE EVALUATION

WEAK STRONG
A. Providing Information

1. Does the City Manager keep you informed, in a
timely manner, of the things you want to know
about?
1 2 3 4 5

2. Do you feel that you receive information on an
equal basis with other Council members?
1 2 3 4 5

3. Do reports provide adequate information and
analysis to help you make sound decisions? 1 2 3 4 5

4. Are agenda items and supporting documents
appropriate and brought to Council in sufficient
time for deliberations?
1 2 3 4 5

5. Does the City Manager follow established
policy concerning the placement of items on
the agenda?
1 2 3 4 5

6. Does the City Manager follow up promptly on
Council requests for information or action
without having to be reminded?
1 2 3 4 5

7. Are Council packets relatively free of errors
and omissions? 1 2 3 4 5
Average score

WEAK STRONG
B. Providing Advice

1. Does the City Manager have adequate
knowledge of municipal affairs? 1 2 3 4 5

2. Does he exercise good judgment? 1 2 3 4 5

APPENDIX C

3. Do you feel that the City Manager considers
alternatives before making recommendations? 1 2 3 4 5

4. Does the City Manager plan ahead, anticipate
needs and recognize potential problems? 1 2 3 4 5

5. How do you feel about the quality of analysis
that accompanies recommendations? 1 2 3 4 5

6. Does he have a good sense of timing in
bringing issues to the Council for action? 1 2 3 4 5
Average score

INTERNAL ADMINISTRATION

WEAK STRONG
A. Financial Management

1. Are you comfortable with the City Manager’s
approach to budget preparation and review? 1 2 3 4 5

2. Is the City Manager effective in controlling costs
through economical utilization of manpower,
materials, and equipment?
1 2 3 4 5

3. Does the City Manager have sufficient
knowledge of financial matters? 1 2 3 4 5

4. Does the City Manager provide you with
sufficient information on the financial status of
the City government?
1 2 3 4 5

5. Is the budget submitted on time? 1 2 3 4 5
Average score

WEAK STRONG
B. Personnel Management

1. Is the City Manager successful in guiding
people so that they work together as a team
toward common objectives?
1 2 3 4 5

APPENDIX C

WEAK STRONG

2. Is the City Manager effective in selection and
placing personnel? 1 2 3 4 5

3. Does the City Manager develop and motivate
personnel so that they are increasingly effective
in performing their duties?
1 2 3 4 5

4. Is the City Manager willing to face up to
disciplinary problems and take action when
warranted?
1 2 3 4 5

5. Is the City Manager effective in promoting
positive employer-employee relations? 1 2 3 4 5

6. Is the City Manager effective on assuring that
staff makes a positive impression on citizens? 1 2 3 4 5 Average score

WEAK STRONG
C. Getting the Job Done

1. Do you have the feeling that things the Council
decides or directs get done? 1 2 3 4 5

2. Does the City Manager organize or assign work
so that it is performed efficiently and
effectively?
1 2 3 4 5

3. Does the City Manager pay sufficient attention
to detail to avoid error or things “slipping
through the cracks”?
1 2 3 4 5

4. Does the City Manager put in sufficient time
and effort to perform to your expectations? 1 2 3 4 5

5. Does the City Manager have a good sense of
priorities in the way he spends his time on the
job?
1 2 3 4 5

6. Is the City Manager able to analyze problems or
issues and identify causes, reasons, and
implications?
1 2 3 4 5

APPENDIX C

7. Does the City Manager develop and carry out
short- and long-term action plans? 1 2 3 4 5
Average score

EXTERNAL RELATIONS

WEAK STRONG
A. Citizen Relations

1. Does the City Manager generally make a
positive impression on citizens and is he
respected in Porterville?
1 2 3 4 5

2. Is he effective in handling disputes or
complaints involving citizens? 1 2 3 4 5

3. Does the City Manager have appropriate
visibility or identity in the community? 1 2 3 4 5

4. Does the City Manager represent Council
positions and policies accurately and
effectively?
1 2 3 4 5

5. Does the City Manager have the insight and
knowledge to work with the Council, staff, and
citizens to find effective solutions to issues?
1 2 3 4 5
Average score

WEAK STRONG
B. Intergovernmental Relations

1. Is the City Manager effective representing the
City’s interests in dealing with other agencies? 1 2 3 4 5

2. Does the City Manager participate in enough
intergovernmental activity to have an impact on
behalf of the City?
1 2 3 4 5
Average score

APPENDIX C

PERSONAL CHARACTERISTICS

WEAK STRONG
A. Personality

1. Is the City Manager’s personality suited to
effective performance of his duties? 1 2 3 4 5
Average score

WEAK STRONG
B. Communications

1. Is the City Manager easy to talk to? 1 2 3 4 5

2. Do you feel he is a good listener? 1 2 3 4 5

3. Are communications thoughtful, clear, and to
the point? 1 2 3 4 5

4. Does the City Manager show sensitivity to the
concerns of others? 1 2 3 4 5
Average score

WEAK STRONG
C. Management Style

1. Does the City Manager demonstrate interest
and enthusiasm in performing his duties? 1 2 3 4 5

2. Does he have sufficient leadership
characteristics to command respect and good
performance from employees?
1 2 3 4 5

3. Does the City Manager show initiative and
creativity in dealing with issues, problems, and
unusual situations?
1 2 3 4 5

4. Is the City Manager open to new ideas and
suggestions for change? 1 2 3 4 5

5. Does the City Manager create an atmosphere
in which employees can enjoy working for the
City?
1 2 3 4 5

APPENDIX C

6. Is the City Manager honest and ethical? 1 2 3 4 5

7. Does the City Manager work well under
pressure? 1 2 3 4 5

8. Is the City Manager able to change his
approach to fit new situations? 1 2 3 4 5

9. Can the City Manager consistently put aside
personal views and implement Council policy
and direction?
1 2 3 4 5
Average score

ACHIEVEMENTS
List the top three achievements or strong points of the City Manager for the past twelve (12) months:

1. 2.

3. FUTURE DEVELOPMENT
List three performance objectives for the City Manager that you feel are the most important targets for this year:

1. 2.

3. APPENDIX C

Total Overall Score

WEAK STRONG
OVERALL RATING 1 2 3 4 5
Date:
_________________________________
Greg Meister, Mayor
_______________________________
Edward L. McKervey, Vice Mayor
_____________________________
Raymond Beltran, Council Member
_______________________________
Stan Green, Council Member
____________________________
AJ Rivas, Council Member

APPENDIX C

FDF

CITY ATTORNEY

PERFORMANCE EVALUATION

WEAK STRONG
A. Providing Information

1. Does the City Attorney keep you informed, in a
timely manner, of the legal issues affecting the
City?
1 2 3 4 5

2. Does the City Attorney demonstrate initiative
and resourcefulness in identifying legal
problems, and advising and recommending
resolutions?
1 2 3 4 5

3. Do reports/memoranda from the City Attorney
provide adequate information and analysis to
help you make sound decisions?
1 2 3 4 5

4. Do the legal solutions that are developed
appropriately address the issues to be
resolved?
1 2 3 4 5

5. Does the City Attorney follow up promptly on
Council requests for information or action
without having to be reminded?
1 2 3 4 5
Average score

WEAK STRONG
B. Providing Advice

1. Does the City Attorney have adequate
knowledge of municipal legal affairs? 1 2 3 4 5

2. Does he/she exercise good judgment? 1 2 3 4 5

3. Do you feel that the City Attorney considers
alternatives before making recommendations? 1 2 3 4 5

4. Does the City Attorney plan ahead, anticipate
needs and recognize potential legal problems? 1 2 3 4 5

5. How do you feel about the quality of analysis
that accompanies recommendations? 1 2 3 4 5
Average score

APPENDIX C

WEAK STRONG
C. Getting the Job Done

1. Do you have the feeling that things the Council
decides or directs get done? 1 2 3 4 5

2. Does the City Attorney pay sufficient attention
to detail to avoid error or things “slipping
through the cracks”?
1 2 3 4 5

3. Does the City Attorney put in sufficient time and
effort to perform to your expectations? 1 2 3 4 5

4. Does the City Attorney have a good sense of
priorities in the way he/she spends his/her time
on the job?
1 2 3 4 5

5. Is the City Attorney able to analyze problems or
issues and identify causes, reasons, and
implications?
1 2 3 4 5

6. Does the City Attorney perform well under
pressure? 1 2 3 4 5

7. When work is delegated to staff/deputy
attorneys, is the project/issue handled
appropriately?
1 2 3 4 5
Average score

EXTERNAL RELATIONS

WEAK STRONG
A. Citizen Relations

1. Does the City Attorney generally make a
positive impression on citizens and is he/she
respected in Porterville?
1 2 3 4 5

2. Is he/she effective in handling disputes or
complaints involving citizens? 1 2 3 4 5

3. Does the City Attorney have appropriate
visibility or identity in the community? 1 2 3 4 5

4. Does the City Attorney think and act in a
manner reflecting an attitude that client
(Council, staff, or citizens) perceptions and
satisfactions are key?
1 2 3 4 5
Average score

APPENDIX C

WEAK STRONG
B. Intergovernmental Relations

1. Is the City Attorney effective representing the
City’s interests in dealing with other agencies? 1 2 3 4 5 Average score

PERSONAL CHARACTERISTICS

WEAK STRONG
A. Personality

1. Is the City Attorney’s personality suited to
effective performance of his/her duties? 1 2 3 4 5
Average score

WEAK STRONG
B. Communications

1. Is the City Attorney easy to talk to? 1 2 3 4 5

2. Do you feel he/she is a good listener? 1 2 3 4 5

3. Are communications thoughtful, clear, and to
the point? 1 2 3 4 5

4. Does the City Attorney show sensitivity to the
concerns of others? 1 2 3 4 5
Average score

WEAK STRONG
C. Management Style

1. Does the City Attorney demonstrate interest
and enthusiasm in performing his/her duties? 1 2 3 4 5

2. Does the City Attorney show initiative and
creativity in dealing with issues, problems, and
unusual situations?
1 2 3 4 5

3. Is the City Attorney honest and ethical? 1 2 3 4 5

4. Does the City Attorney work well under
pressure? 1 2 3 4 5

APPENDIX C

WEAK STRONG

5. Is the City Attorney able to change his/her
approach to fit new situations? 1 2 3 4 5

6. Can the City Attorney consistently put aside
personal views and implement Council policy
and direction?
1 2 3 4 5
Average score

ACHIEVEMENTS
List the top three achievements or strong points of the City Attorney for the past twelve (12) months:

1. 2.

3. FUTURE DEVELOPMENT
List three performance objectives for the City Attorney that you feel are the most important targets for this year:

1. 2.

3. APPENDIX C

TOTAL OVER ALL SCORE

WEAK STRONG
OVERALL RATING 1 2 3 4 5
Date:
________________________________
Greg Meister, Mayor
_______________________________
Edward L. McKervey, Vice Mayor
_____________________________
Raymond Beltran, Council Member
_______________________________
Stan Green, Council Member
_____________________________
AJ Rivas , Council Member

CITY COUNCIL

CITY DEVICE, INTERNET & EMAIL POLICY
Electronic devices are made available to Council Members upon taking office and assuming Council duties. Access to email and the internet is a resource also made available to City Council Members as a means of communicating with City administration and constituents. The City Council recognizes that access to electronic communications contributes to the efficiency of conducting city business. The City Council has adopted this policy to ensure that all City of Porterville computer and network resources are used for purposes appropriate to City business; to inform Council Members of the applicability of laws and policies to computer and network usage; to establish policies on privacy, confidentiality, and security in electronic communications; and to provide guidance concerning rights and responsibilities with respect to the proper use of City of Porterville computer and network resources.

SCOPE
This policy applies to:

1. All City Council Members, as authorized users, whether elected or appointed;

2. All computer and mobile devices and network resources leased, owned, or managed by the City of Porterville; and

3. All electronic communications records in the possession of the City of Porterville.

CONFIDENTIALITY AND SECURITY

1. All materials sent or received over the Internet on electronic devices and/or network resources leased, owned or managed by the City, shall be considered property of the City. An authorized user does not have privacy rights in any matter created, received or sent. The City reserves the right to monitor access or disclose any message created, received or sent via the Internet or e-mail at any time, without advanced notice.

2. All authorized users shall respect the privacy of other users; for example, users shall not intentionally seek information on, obtain copies of, or modify files or data, belonging to other users, unless explicit permission to do so has been obtained.

3. Authorized users are to safeguard their accounts and passwords. Accounts and passwords are normally assigned to a single user, and are not to be shared with others. Users are responsible for their individual computer accounts and shall take

APPENDIX D
all reasonable precautions to prevent others from using their accounts. All notebooks and/or tablets should be locked or logged off each time they leave the device unattended. Account owners are ultimately responsible for all activity under their account.

4. Authorized users will not connect, attempt to connect or disconnect any computer or peripheral to, from or within the City of Porterville network without prior authorization from the Information Technology Division.

5. Authorized users will not use or attempt to use on the City of Porterville network any of the following items: any computer operating system media; computer or network utilities; network monitors; unlocking utilities or any software used to repair, change or monitor computer operations, network activity or security without preapproval from the Information Technology Division.

6. Authorized users should not attempt to remove the email disclaimers in their emails.

7. Authorized users shall not write down passwords to City of Porterville resources in an unsecured area.

8. Confidential information should not be downloaded or stored on portable resources unless proper encryption and password protection mechanisms are in place.

UNACCEPTABLE USES

1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, unauthorized digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by City of Porterville.

2. Accessing or viewing sexually explicit or pornographic material.

3. Exporting software, technical information, public safety information, or encryption software, in violation of international or regional export control laws. Such use is illegal. The Information Technology Division should be consulted prior to export of any material that is in question.

4. Introduction of malicious programs into the network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) that may gain unauthorized access to any computer or computing system and cause intentional disruption.

5. Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home.

6. Using a City of Porterville device for profit activities (e.g., consulting for pay, sale of goods such as Avon and Amway products, etc.), or to actively engage in procuring or transmitting material that is in violation of discriminatory, sexual harassment or hostile workplace laws. Use of City devices or networks for political campaign purposes is expressly prohibited.

7. Making fraudulent offers of products, items or services originating from any City of Porterville account.

8. Effecting security incidents or disruptions of network communication. Security incidents include, but are not limited to, accessing data of which the authorized user is not an intended recipient or logging into a server or account that the authorized user is not expressly permitted to access, unless these duties are within the scope of regular duties. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.

9. Port scanning or security scanning. Such use is expressly prohibited.

10. Executing any form of network monitoring which will intercept data not intended for the authorized user’s host, unless this activity is part of the employee’s normal job/duty.

11. Circumventing user authentication of security of any host, network or account.

12. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user’s terminal session, via any means, locally or via the Internet/Intranet/Extranet.

13. Unless explicitly authorized, providing information about, or lists of, City of Porterville employees or its affiliates to parties outside City of Porterville.

14. Incurring personal charges through the use of these systems. In the event that an authorized user does incur personal charges through the use of these systems, that user will be responsible for reimbursing the City for all expenses incurred.

15. Removing or disabling the security software (i.e. firewalls, anti-virus, anti-spyware, etc.) for any reason, unless done by or with the authority of the Information Technology staff.

16. The connection of portable or desktop computers to the City of Porterville computer network without approval by the Information Technology Division. Visitors or vendors under your care are not allowed to connect their portables directly to the City’s network.

CITY’S RESERVATION OF THE RIGHT TO MONITOR
Pursuant to the Electronic Communications Privacy Act of 1986...notice is hereby given that there are NO facilities provided by the City for sending or receiving private confidential electronic communications. System administrators have access to all mail and user data files, and will monitor messages as necessary to assure efficient performance.

PUBLIC RECORDS AND PRIVATE AND PUBLIC DEVICES
Any temporary and permanent files and data prepared or received on a City owned or controlled device are considered a public record, unless an otherwise valid public records exemption applies.

Temporary and permanent files and data prepared or received on a privately-owned device or electronic system by an authorized user containing information relating to the conduct of the public’s business are public records subject to control by the City and compliance with the City’s record policies. A writing relates to the conduct of the public’s business when it serves, or is intended to serve, a City purpose and involves a matter over which the authorized user has work responsibility. This policy is not intended to modify the definition of a public record as defined by the California Public Records Act.

When notified of a public records request, the authorized user must conduct a reasonable search for, locate, and review writings maintained on his or her privatelyowned device or electronic systems that are potentially responsive to a public records request and provide the responsive records to the City Clerk. The authorized user must provide an explanation for a decision to exclude certain writings as not being responsive public records. If required by the City Attorney, the authorized user must execute an affidavit containing a sufficient factual basis for the City or a court to determine whether a record on a privately-owned electronic systems is not a responsive public record.

LOST OR STOLEN
Authorized users must report to City Administration, within one business day, whenever any personal device used pursuant to this policy is suspected or known to be lost or stolen. Upon notification of loss/theft, the System administrators may issue a remote wipe of affected City-owned or controlled devices to ensure that City-related data is safeguarded. The City is not liable for the potential loss of personal (e.g., contacts, apps, photos, etc.) data, including the potential to restore the device to factory default settings.

PURPOSE:

To provide a procedure for the retention of e-mails consistent with applicable state and/or federal law and to provide for the efficient maintenance of affected infrastructure.

PROCEDURE:

Managing Agency E-mail
Agency officials and employees are responsible for the management of their e-mail folders on a regular basis. It is the responsibility of agency officials and employees to determine if an e-mail is an Official Agency Record (“OAR”) which must be retained in accordance with the City’s Records Retention Policy. An e-mail message and any attachments regardless of format may be considered an OAR.

Messages that are Generally NOT Considered as Official Agency Records Examples of e-mail messages that are not generally considered OARs may include: (1) personal messages; (2) “Spam” emails, advertisements, or other “junk” e-mail; (3) messages not related to public business (e.g., employee birthday celebrations in the lunch room); and (4) newsletters or general information from vendors or other public agencies.

Preserving E-mails that are Official Agency Records
Any e-mail message, including any attachments regardless of format that is an OAR should be preserved by one of the following methods:

1. Print the email and consolidate the printed copy in the appropriate file. Generally, the employee who sends the e-mail should be the person responsible for printing and filing the hard copy, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project

2. Move the e-mail from your Inbox to the archival folder within your Office 365 account.

E-mail Box Retention Schedule
Days 120 120 30 30
Email Folders Inbox Sent Delete Junk

CITY OF PORTERVILLE

ADMINISTRATIVE POLICY
Number V-A-15
Date May 2, 2019
Revised
Authority Administration
City Manager
SUBJECT: EMAIL RETENTION POLICY

APPENDIX E
Inbox and Sent folders retention period is 120 days. Items that reach 120 days will be automatically moved to archive.

Deleted and Junk folders retention period is 30 days. Items that reach 30 days will be automatically moved to archive.

This policy does not waive any exemption to disclosure that may apply under the California Public Records Act or other applicable law.

APPENDIX F

CITY OF PORTERVILLE CITY COUNCIL

POLICY CONCERNING USE OF SOCIAL MEDIA
The City Council of the City of Porterville recognizes that social media such as Facebook, Twitter, Instagram, You Tube, etc. are popular tools for developing communications with the community.

However, use of these tools should be done in a manner consistent with the Public Records Act, Brown Act, and other applicable laws. The City Council has adopted this policy in order to strike an appropriate balance between privacy, liability and public records concerns, and to keep clear distinctions between official and personal accounts.

THIRD PARTY SYSTEMS
Many social media platforms are third party systems that are maintained by other entities. Therefore, storage and control of information by account holders is limited by the terms of agreement with those entities. The account holders do not control the privacy and use policies of the platforms, and it is recognized that platform providers will, from time to time, modify their terms, conditions and usage policies with little to no notification.

CITY SOCIAL MEDIA SITES AND INDIVIDUAL SITES
“City social media sites” means official social media sites that the City establishes. “Individual social media sites” means social media sites established by individual Council Members, whether they reference their status as council members or not on the site.

NEW BROWN ACT LAW ADOPTED SEPTEMBER 18, 2020 AFFECTING SOCIAL MEDIA USE A majority of the City Council Members are prohibited, outside of an authorized meeting, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City Council. The new law does not prevent a Council Member from engaging in separate communications outside of an authorized meeting with any other person using an internet-based social media platform, to answer questions, provide information to the public, or to solicit information from the public regarding a City-related matter. That stated, the new law states that a majority of the City Council Members shall not use any internet-based social media platform to discuss among themselves, business of a specific nature that is within the subject matter jurisdiction of the City.

FURTHERMORE, A CTIY COUNCIL MEMBER SHALL NOT RESPOND DIRECTLY TO ANY

COMMUNICATION ON AN INTERNET-BASED SOCIAL MEDIA PLATFORM REGARDING A MATTER

THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL THAT IS MADE, POSTED, OR SHARED BY ANY OTHER MEMBER OF THE CITY COUNCIL. The new law specifically includes the use of “digital icons” that express reactions, in addition to electronic comments, within the definition of social media communications that are subject to restriction/prohibition.

COUNCIL MEMBER USE OF CITY SOCIAL MEDIA SITES
Members of the City Council shall not engage on City social media sites to “Like,” “Share,” “Retweet” or otherwise respond to any published postings on the City social media sites. Furthermore, members of the City Council shall not use the City social media sites to blog or engage in serial meetings, to engage in communications that violate other provisions of the Brown Act, or to otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the City.

CONSTITUTIONAL/FIRST AMENDMENT CONCERNS
There is case law addressing what will be interpreted as an account created or used in the Council Member’s official capacity and considered a public forum created by a public official (therefore prohibiting a public official from removing an individual’s communications or removing/banning users from that account), versus what may be considered a private social media account of a public official. In Knight

APPENDIX F
First Amendment Institute v. Trump, 8 F.3d 226 (2nd Circuit 2019), the Court found that the First Amendment does not permit a public official who utilizes a social media account for official purposes to exclude persons from an otherwise-open dialogue because they expressed views with which the official disagrees. Such persons cannot be blocked in response to views that person has expressed. The Court noted that President Trump’s account was private prior to his election, and that the account may again become private when he leaves office, but because he had used the account to communicate and interact with the public about his administration, he had converted the account to a public forum. In Garnier v. O’Connor-Ratcliffe, 41 F.4th 1158 (9th Circuit 2022), the Court determined that two school board candidates, who had campaign social media accounts/pages that were later changed to reflect their positions as elected officials and were used to communicate about school district activities, could not restrict or block specific parents from those pages/accounts. In Lindke v. Freed, 601 U.S. 187 (2024), the U.S. Supreme Court held that a public official’s social-media activity constitutes state action only if the official possessed the actual authority to speak on the State’s behalf and purported to exercise that authority in relevant posts.” [601 U.S. at 198.] The decision provides for examination of social media posts individually to determine whether the public official is speaking for the government or for himself. If the official posts about job-related matters using the authority of his office, and opens those posts for public interaction, then his moderation of comments – including blocking users or deleting their speech – may constitute state action subject to the First Amendment’s prohibition on viewpoint discrimination. But if the official posts in his private capacity, even about matters related to his work, his actions are private conduct beyond the Constitution’s reach.

COUNCIL MEMBER USE OF CITY SOCIAL MEDIA SITES
Members of the City Council shall not engage on City social media sites to “Like,” “Share,” “Retweet” or otherwise respond to any published postings on the City social media sites. Furthermore, members of the City Council shall not use the City social media sites to blog or engage in serial meetings, to engage in communications that violate other provisions of the Brown Act, or to otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the City.

COUNCIL MEMBER USE OF INDIVIDUAL SOCIAL MEDIA SITES
Members of the City Council, as a matter of free speech, may each choose to establish their own social media sites using their personal accounts. City Council Members recognize that for any account they establish, where they communicate regarding concerning the City’s activities or their own activities as a City Council Member, it is recommended that the content and tenor of online comments and information posts model the same decorum displayed during City Council meetings. The members agree to include a statement in their public profiles, or otherwise make clear on those sites that the personal site is private or non-official, and not an official City social media site. , that complaints and public records requests must be provided directly to the City Clerk or specific related City department, and that any content posted on the sites by the Council Member is not the official position of the City.

In order to assist with keeping information from individual social media sites from becoming subject to disclosure and retention requirements as a public record, the following precautions are recommended: 1) post disclaimers on personal accounts that identify the account purpose and that the opinions expressed are the individual’s own; 2) limit the account content to personal use; 3) understand and use privacy settings to manage the account; 4) don’t link from your individual accounts to an official city account; and 5) don’t use city devices to maintain your individual account. Notwithstanding these recommended precautions, City Council members shall not delete posts on their accounts used to communicate about activities and issues that come within the City’s subject matter, or comments received by individuals related to any such activities or issues, in order to ensure compliance with City records retention and public records laws.

APPENDIX G

APPENDIX F

CITY OF PORTERVILLE CITY COUNCIL

POLICY CONCERNING USE OF SOCIAL MEDIA
The City Council of the City of Porterville recognizes that social media such as Facebook, Twitter, Instagram, You Tube, etc. are popular tools for developing communications with the community.

However, use of these tools should be done in a manner consistent with the Public Records Act, Brown Act, and other applicable laws. The City Council has adopted this policy in order to strike an appropriate balance between privacy, liability and public records concerns, and to keep clear distinctions between official and personal accounts.

THIRD PARTY SYSTEMS
Many social media platforms are third party systems that are maintained by other entities. Therefore, storage and control of information by account holders is limited by the terms of agreement with those entities. The account holders do not control the privacy and use policies of the platforms, and it is recognized that platform providers will, from time to time, modify their terms, conditions and usage policies with little to no notification.

CITY SOCIAL MEDIA SITES AND INDIVIDUAL SITES
“City social media sites” means official social media sites that the City establishes. “Individual social media sites” means social media sites established by individual Council Members, whether they reference their status as council members or not on the site.

NEW BROWN ACT LAW ADOPTED SEPTEMBER 18, 2020 AFFECTING SOCIAL MEDIA USE A majority of the City Council Members are prohibited, outside of an authorized meeting, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City Council. The new law does not prevent a Council Member from engaging in separate communications outside of an authorized meeting with any other person using an internet-based social media platform, to answer questions, provide information to the public, or to solicit information from the public regarding a City-related matter. That stated, the new law states that a majority of the City Council Members shall not use any internet-based social media platform to discuss among themselves, business of a specific nature that is within the subject matter jurisdiction of the City.

FURTHERMORE, A CTIY COUNCIL MEMBER SHALL NOT RESPOND DIRECTLY TO ANY

COMMUNICATION ON AN INTERNET-BASED SOCIAL MEDIA PLATFORM REGARDING A MATTER

THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL THAT IS MADE, POSTED, OR SHARED BY ANY OTHER MEMBER OF THE CITY COUNCIL. The new law specifically includes the use of “digital icons” that express reactions, in addition to electronic comments, within the definition of social media communications that are subject to restriction/prohibition.

COUNCIL MEMBER USE OF CITY SOCIAL MEDIA SITES
Members of the City Council shall not engage on City social media sites to “Like,” “Share,” “Retweet” or otherwise respond to any published postings on the City social media sites. Furthermore, members of the City Council shall not use the City social media sites to blog or engage in serial meetings, to engage in communications that violate other provisions of the Brown Act, or to otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the City.

CONSTITUTIONAL/FIRST AMENDMENT CONCERNS
There is case law addressing what will be interpreted as an account created or used in the Council Member’s official capacity and considered a public forum created by a public official (therefore prohibiting a public official from removing an individual’s communications or removing/banning users from that account), versus what may be considered a private social media account of a public official. In Knight

APPENDIX F
First Amendment Institute v. Trump, 8 F.3d 226 (2nd Circuit 2019), the Court found that the First Amendment does not permit a public official who utilizes a social media account for official purposes to exclude persons from an otherwise-open dialogue because they expressed views with which the official disagrees. Such persons cannot be blocked in response to views that person has expressed. The Court noted that President Trump’s account was private prior to his election, and that the account may again become private when he leaves office, but because he had used the account to communicate and interact with the public about his administration, he had converted the account to a public forum. In Garnier v. O’Connor-Ratcliffe, 41 F.4th 1158 (9th Circuit 2022), the Court determined that two school board candidates, who had campaign social media accounts/pages that were later changed to reflect their positions as elected officials and were used to communicate about school district activities, could not restrict or block specific parents from those pages/accounts. In Lindke v. Freed, 601 U.S. 187 (2024), the U.S. Supreme Court held that a public official’s social-media activity constitutes state action only if the official possessed the actual authority to speak on the State’s behalf and purported to exercise that authority in relevant posts.” [601 U.S. at 198.] The decision provides for examination of social media posts individually to determine whether the public official is speaking for the government or for himself. If the official posts about job-related matters using the authority of his office, and opens those posts for public interaction, then his moderation of comments – including blocking users or deleting their speech – may constitute state action subject to the First Amendment’s prohibition on viewpoint discrimination. But if the official posts in his private capacity, even about matters related to his work, his actions are private conduct beyond the Constitution’s reach.

COUNCIL MEMBER USE OF CITY SOCIAL MEDIA SITES
Members of the City Council shall not engage on City social media sites to “Like,” “Share,” “Retweet” or otherwise respond to any published postings on the City social media sites. Furthermore, members of the City Council shall not use the City social media sites to blog or engage in serial meetings, to engage in communications that violate other provisions of the Brown Act, or to otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the City.

COUNCIL MEMBER USE OF INDIVIDUAL SOCIAL MEDIA SITES
Members of the City Council, as a matter of free speech, may each choose to establish their own social media sites using their personal accounts. City Council Members recognize that for any account they establish, where they communicate regarding concerning the City’s activities or their own activities as a City Council Member, it is recommended that the content and tenor of online comments and information posts model the same decorum displayed during City Council meetings. The members agree to include a statement in their public profiles, or otherwise make clear on those sites that the personal site is private or non-official, and not an official City social media site. , that complaints and public records requests must be provided directly to the City Clerk or specific related City department, and that any content posted on the sites by the Council Member is not the official position of the City.

In order to assist with keeping information from individual social media sites from becoming subject to disclosure and retention requirements as a public record, the following precautions are recommended: 1) post disclaimers on personal accounts that identify the account purpose and that the opinions expressed are the individual’s own; 2) limit the account content to personal use; 3) understand and use privacy settings to manage the account; 4) don’t link from your individual accounts to an official city account; and 5) don’t use city devices to maintain your individual account. Notwithstanding these recommended precautions, City Council members shall not delete posts on their accounts used to communicate about activities and issues that come within the City’s subject matter, or comments received by individuals related to any such activities or issues, in order to ensure compliance with City records retention and public records laws.