ELECTRONIC SUBMITTAL: The utilization of one or more of the following approved methods:
A. E-mail;
B. Internet;
C. Other electronic methods approved by the City.
SPECIFIC, ADVERSE IMPACT: A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions.
7-53: PURPOSE
The purpose of this article is to adopt an expedited, streamlined permitting process for electric vehicle charging systems pursuant to Government Code Section 65850.7. This article is intended to encourage the use of electric vehicle charging systems by removing unreasonable barriers, minimizing costs to property owners and the City, and ensuring installations are safe and compliant with applicable codes. The terms, phrases, and words used in this process shall be construed in compliance with California Government Code Section 65850.7.
7-54: APPLICABILITY
This article applies to the permitting of all electric vehicle charging systems within the City.
Existing systems legally installed prior to the effective date of this article shall not be subject to these requirements unless modifications are made that require a new permit or until such time as State law mandates such.
7-55: EXPEDITED REVIEW PROCESS
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in the California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research.
The City’s checklist shall be published on the City’s website. 7-56: ELECTONIC SUBMITTALS
Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this process and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a we signature by any applicant.
Ordinance No._____
7-57 ASSOCIATION APPROVAL
Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as defined by Civil Code Section 4080. 7-58: PERMIT APPLICATION PROCESS
A permit application that satisfies the information requirements in the City’s checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of th City checklist, and is consistent with all applicable laws the Building Official shall, consistent with Government Cde Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City via required inspections. If the Building Official determines that the permit application is incomplete, they shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
7-58.1: ELECTRIC VEHICLE CHARGING SYSTEM REQUIREMENTS
A. All electric vehicle charging systems shall meet applicable health and safety standards and requirements imposed by the State of California and the City of Porterville.
B. Electric vehicle charging systems shall comply with all applicable building codes.
C. Electric vehicle charging systems shall be installed in accordance with manufacturer specifications and applicable industry standards. 7-58.2: DUTIES OF CITY IN REVIEWING EVCS APPLICATIONS
A. All required documents for EVCS permit applications shall be made available on the City’s publicly accessible website.
B. Electronic submittal of permit applications shall be accepted.
C. The Building Official shall adopt a standard plan and checklist of all requirements for EVCS installations eligible for expedited review.
D. The permit process, standard plans, and checklists shall conform to current state law and applicable codes.
E. Fees for EVCS permits shall comply with applicable state law. 7-58.3: PERMIT REVIEW AND INSPECTION REQUIREMENTS
A. The Building Official shall implement an administrative, nondiscretionary review process for EVCS applications.
B. The Building Official shall approve applications that meet all checklist requirements and applicable laws.
Ordinance No._____
C. Review of the application shall be limited to compliance with health and safety requirements and building code.
D. The Building Official may require a use permit if there is substantial evidence that the installation would have a specific, adverse impact on public health or safety.
E. Any conditions imposed shall mitigate the impact at the lowest possible cost.
F. If an application is incomplete, a written correction notice shall be provided.
G. Only one inspection shall be required where feasible. Additional inspections may be required if deficiencies are identified or warranted due to contingent and/or related work by code.
H. Inspections shall be scheduled in a timely manner consistent with the expedited process.
7-58.4: TECHNICAL REVIEW
It is the intent of this policy to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit. 7-59: CONFLICTS
Any provision of the City or appendices thereto, inconsistent with these provisions, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect these provisions.
7-60: SEVERABILITY
If any section of this article is held invalid, such invalidity shall not affect the remaining provisions.
SECTION 2:
This ordinance shall take effect thirty (30) days after adoption.
SECTION 3:
The City Clerk shall certify to the adoption of this ordinance and cause it to be published in accordance with law.
Ordinance No._____
PASSED, APPROVED AND ADOPTED this ___ day of __________, 2026.
By: ___________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
APPROVED AS TO FORM:
__________________________________
City Attorney
Item No. 25.
CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Consideration of Revocation of Business License - Rose Massage, 188 W. Olive Avenue, Porterville
SOURCE: Finance
COMMENT: This item is to consider whether the business license for Rose Massage, located at 188 W. Olive Avenue, held by Xuemin Zhang and Liyun Liu, should be revoked. Businesses operating within the City of Porterville are required to obtain and maintain a valid business license pursuant to Chapter 15 of the Porterville Municipal Code.
Pursuant to Section 15-12 of the Porterville Municipal Code, “The City Council reserves the right to revoke the license granted to 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.” On February 14, 2026, an investigation conducted by the Porterville Police Department at Rose Massage resulted in the arrest of Lenju Wu for prostitution. During the investigation, it was determined that the individual arrested did not hold an active certificate from the California Massage Therapy Council (CAMTC), and City records indicate that no business license was issued to the individual operating at the premises.
Based on these findings, staff believes there is sufficient basis for the City Council to consider revocation of the business license.
The City recommends that the City Council hold a public hearing, consider the information in this report, testimony from City staff, any testimony provided by the business owner, and any other relevant testimony, and determine whether to revoke the business license.
RECOMMENDATION: That the City Council:
1. Hold a public hearing to consider the revocation of the Item No. 25.
business license for Rose Massage, located at 188 W. Olive Avenue; and
2. Determine whether to revoke the business license based on the evidence presented.
ATTACHMENTS: 1. March 23, 2026 letter with attached business license information and crime/incident report
2. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
RESOLUTION NO.___-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORTERVILLE REVOKING THE BUSINESS LICENSE FOR
ROSE MASSAGE, 188 WEST OLIVE 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; and
WHEREAS, Section 15-12 of the Porterville Municipal Code provides that the City Council may revoke a business license, after notice and hearing, if the business is unlawful, immoral, or a menace to the public health, safety, morals, peace, or general welfare; and WHEREAS, notice was provided to Rose Massage, located at 188 West Olive Avenue, Porterville, and to the business owners, Xuemin Zhang and Liyun Liu, of a public hearing to consider revocation of the business license, noticed for April 7, 2026; and WHEREAS, the City Council has conducted a duly noticed public hearing and considered the staff report, supporting documentation, and any testimony presented; 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 Porterville Police Department received complaints of illicit activity occurring at the business. In February 2026, Lenju Wu was arrested for prostitution at the business location as a result of an undercover investigation conducted by the Police Department, with the arrest occurring during the ownership of Xuemin Zhang and Liyun Liu.
2. The case is currently under review pending potential prosecution.
3. City records indicate that no valid individual business license was issued to the individual operating at the premises.
4. The City has determined that the individual arrested does not possess an active certification from the California Massage Therapy Council (CAMTC).
5. Based on the evidence presented, the City Council finds that unlawful activity has occurred at the business location and that the business has been conducted in a manner that is unlawful and constitutes a menace to the public health, safety, morals, peace, or general welfare, as set forth in Section 15-12 of the Porterville Municipal Code.
BE IT FURTHER RESOLVED that the City Council hereby revokes the business license for Rose Massage, located at 188 West Olive Avenue, Porterville, held by Xuemin Zhang and Liyun Liu.
BE IT FURTHER RESOLVED that the business owner/applicant shall not be eligible to apply for a business license for a period of one (1) year, or for the longest duration permitted by law, Resolution No. _____-2026
whichever is longer, and shall be subject to all applicable laws and regulations for any future applications.
PASSED, APPROVED AND ADOPTED this 7th day of April, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:
Rich Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 26.
CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Consideration of Revocation of Business License - Star Massage, 1365 W. Olive Avenue, Suite F, Porterville
SOURCE: Finance
COMMENT: This item is to consider whether the business license for Star Massage, located at 1365 W. Olive Avenue, Suite F, held by Qin Yu, should be revoked.
Businesses operating within the City of Porterville are required to obtain and maintain a valid business license pursuant to Chapter 15 of the Porterville Municipal Code.
Pursuant to Section 15-12 of the Porterville Municipal Code, "The City Council reserves the right to revoke the license granted to 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." On February 14, 2026, an investigation conducted by the Porterville Police Department at Star Massage resulted in the arrest of Luo Zeqiao for prostitution. During the investigation, it was determined that the individual arrested did not hold an active certificate from the California Massage Therapy Council (CAMTC), and City records indicate that no business license was issued to the individual operating at the premises.
Based on these findings, staff believes there is sufficient basis for the City Council to consider revocation of the business license.
Following notice of the public hearing, the business owner submitted a letter confirming that Star Massage ceased operations and vacated the premises on March 23, 2026.
The City recommends that the City Council hold the public hearing, consider the information in this report, testimony from City staff, any testimony provided by the business owner, and any other relevant testimony, and determine whether to revoke the business license.
Item No. 26.
RECOMMENDATION: That the City Council:
1. Hold the public hearing to consider the revocation of the business license for Star Massage, located at 1365 W. Olive Avenue, Suite F; and
2. Determine whether to revoke the business license based on the evidence presented.
ATTACHMENTS: 1. March 23, 2026 letter with attached business license information and crime/incident report
2. March 30, 2026 letter from business owner regarding
closure of business
3. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
RESOLUTION NO.___-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORTERVILLE REVOKING THE BUSINESS LICENSE FOR
STAR MASSAGE, 1365 WEST OLIVE AVENUE, SUITE F, 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; and
WHEREAS, Section 15-12 of the Porterville Municipal Code provides that the City Council may revoke a business license, after notice and hearing, if the business is unlawful, immoral, or a menace to the public health, safety, morals, peace, or general welfare; and WHEREAS, notice was provided to Star Massage, located at 1365 West Olive Avenue, Suite F, Porterville, and to the business owner, Qin Yu, of a public hearing to consider revocation of the business license, noticed for April 7, 2026; and WHEREAS, the City Council has conducted a duly noticed public hearing and considered the staff report, supporting documentation, and any testimony presented; 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 Porterville Police Department received complaints of illicit activity occurring at the business. In February 2026, Luo Zeqiao was arrested for prostitution at the business location as a result of an undercover investigation conducted by the Police Department.
2. The case is currently under review pending potential prosecution.
3. City records indicate that no valid individual business license was issued to the individual operating at the premises.
4. Based on the evidence presented, the City Council finds that unlawful activity has occurred at the business location.
5. Based on the foregoing, the City Council finds that the business has been conducted in a manner that is unlawful and constitutes a menace to the public health, safety, morals, peace, or general welfare, as set forth in Section 15-12 of the Porterville Municipal Code.
BE IT FURTHER RESOLVED that the City Council hereby revokes the business license for Star Massage, located at 1365 West Olive Avenue, Suite F, Porterville, held by Qin Yu.
BE IT FURTHER RESOLVED that the business owner/applicant shall not be eligible to apply for a business license for a period of one (1) year, or for the longest duration permitted by law, whichever is longer, and shall be subject to all applicable laws and regulations for any future applications.
Resolution No. _____-2026
PASSED, APPROVED AND ADOPTED this 7th day of April, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:
Rich Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 27.
CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Consideration of Revocation of Business License - Diamond Massage Spa, 1531 W. Olive Avenue, Suite A, Porterville
SOURCE: Finance
COMMENT: This item is to consider whether the business license for Diamond Massage Spa, located at 1531 W. Olive Avenue, Suite A, held by Wenxia Lou, should be revoked. Businesses operating within the City of Porterville are required to obtain and maintain a valid business license pursuant to Chapter 15 of the Porterville Municipal Code. Pursuant to Section 15-12 of the Porterville Municipal Code, the City Council may revoke a license, after notice and hearing, if the business is unlawful, immoral, or a menace to the public health, safety, morals, peace, or general welfare.
On February 14, 2026, an investigation conducted by the Porterville Police Department at Diamond Massage Spa resulted in the arrest of Fenglan Dong for prostitution. During the investigation, it was determined that the individual arrested held an active Certified Massage Therapist Certificate (#45299), valid through September 11, 2027. However, City records indicate that no business license was issued to the individual operating at the premises.
Based on these findings, staff believes there is sufficient basis for the City Council to consider revocation of the business license.
The City recommends that the City Council hold a public hearing, consider the information in this report, testimony from City staff, any testimony provided by the business owner, and any other relevant testimony, and determine whether to revoke the business license.
RECOMMENDATION: That the City Council:
1. Hold a public hearing to consider the revocation of the business license for Diamond Massage Spa, located at 1531 W.
Olive Avenue, Suite A; and
2. Determine whether to revoke the business license based on the evidence presented.
Item No. 27.
ATTACHMENTS: 1. March 23, 2026 letter with attached business license information and crime/incident report
2. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
RESOLUTION NO.___-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORTERVILLE REVOKING THE BUSINESS LICENSE FOR
DIAMOND MASSAGE SPA, 1531 WEST OLIVE AVENUE, SUITE A, 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; and
WHEREAS, Section 15-12 of the Porterville Municipal Code provides that the City Council may revoke a business license, after notice and hearing, if the business is unlawful, immoral, or a menace to the public health, safety, morals, peace, or general welfare; and WHEREAS, notice was provided to Diamond Massage Spa, located at 1531 West Olive Avenue, Suite A, Porterville, and to the business owner, Wenxia Lou, of a public hearing to consider revocation of the business license, noticed for April 7, 2026; and WHEREAS, the City Council has conducted a duly noticed public hearing and considered the staff report, supporting documentation, and any testimony presented; 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 Porterville Police Department received complaints of illicit activity occurring at the business. In February 2026, Fenglan Dong was arrested for prostitution at the business location as a result of an undercover investigation conducted by the Police Department.
2. The case is currently under review pending potential prosecution.
3. City records indicate that no valid individual business license was issued to the individual operating at the premises.
4. Based on the evidence presented, the City Council finds that unlawful activity has occurred at the business location.
5. Based on the foregoing, the City Council finds that the business has been conducted in a manner that is unlawful and constitutes a menace to the public health, safety, morals, peace, or general welfare, as set forth in Section 15-12 of the Porterville Municipal Code.
BE IT FURTHER RESOLVED that the City Council hereby revokes the business license for Diamond Massage Spa, located at 1531 West Olive Avenue, Suite A, Porterville, held by Wenxia Lou.
BE IT FURTHER RESOLVED that the business owner/applicant shall not be eligible to apply for a business license for a period of one (1) year, or for the longest duration permitted by law, Resolution No. _____-2026
whichever is longer, and shall be subject to all applicable laws and regulations for any future applications.
PASSED, APPROVED AND ADOPTED this 7th day of April, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:
Rich Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 28.
CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Approval of Agreement with Griswold LaSalle for City Attorney Services SOURCE: City Manager's Office
COMMENT: The City of Porterville utilizes contract legal services to support municipal operations, including providing legal advice to the City Council, City Manager, and staff; preparing and reviewing ordinances, resolutions, contracts, and other legal documents; and representing the City in legal matters.
Following the City Council’s direction not to renew the existing agreement upon its expiration in September 2026, the City and City Attorney Julia M. Lew of McCormick Kabot & Lew have mutually agreed to conclude the Amended Legal Services Agreement effective April 8, 2026. The City extends its appreciation to Ms. Lew and the firm for more than 23 years of dedicated service and contributions to the Porterville community. Accordingly, it is necessary to enter into a new agreement to ensure continuity of City Attorney services.
Staff has negotiated an agreement with Griswold, LaSalle, Cobb, Dowd & Gin, LLP ("Griswold LaSalle") to provide City Attorney services to the City. The proposed draft agreement defines the scope of services, compensation structure, and terms for legal representation.
Griswold LaSalle has extensive experience providing municipal legal services to public agencies throughout California, with demonstrated expertise in municipal law, land use and planning, California Environmental Quality Act (CEQA) compliance, water and infrastructure matters, personnel and labor law, and general municipal governance. This depth of experience positions the firm to effectively support the City’s operational, regulatory, and policy objectives and provide responsive, high-quality legal services.
Under the proposed agreement, Griswold LaSalle will serve as the City’s legal counsel and provide a full range of municipal legal services, including attendance at City Council meetings, legal advice on day-to-day operations, preparation and review of legal documents, and support for special projects and litigation matters as needed. Services are structured as a team-based approach, with Megan N. Crouch serving as the primary City Attorney and Item No. 28.
additional attorneys and staff supporting City matters as necessary to ensure responsiveness and continuity of service.
Services under the agreement are categorized as “Included Services” and “Not Included Services.” Included Services encompass routine legal support for City operations and are covered under a flat monthly fee. Not Included Services consist of specialized, complex, or non-routine legal matters and are billed separately at established hourly rates. The agreement provides flexibility for the City and the Contractor to determine the appropriate classification of services when needed.
Compensation under the draft agreement includes a flat fee of $25,000 per month for Included Services, with additional hourly charges for Not Included Services. Hourly rates range from $205 to $300 for attorneys, with lower rates for paraprofessional and clerical support. The base annual cost for Included Services is approximately $300,000; however, total annual costs may vary depending on the level of Not Included Services required. The agreement also includes an annual adjustment based on the Consumer Price Index (CPI-U), with a minimum increase of 3% beginning July 1, 2027.
The agreement is structured as an at-will contract and may be terminated by either party without cause, providing flexibility to respond to the City’s future legal service needs.
Funding for City Attorney services will be allocated across multiple funding sources, including the General Fund, Risk Management Fund, and proportional cost allocations to Enterprise Funds, consistent with how legal services support citywide operations.
The adopted FY 2025–26 City Attorney budget is $200,000. Year-to-date and projected expenditures through April 8, 2026, total $136,500. With the new agreement at $25,000 per month effective April 9, 2026, the remainder of the fiscal year is estimated at approximately $70,000, bringing the total projected FY cost to $206,500, slightly above the adopted budget by $6,500. To ensure sufficient appropriation through the fiscal year-end, staff recommends a budget amendment of $6,500.
RECOMMENDATION: That the City Council:
1. Approve termination of the Amended Legal Services
Agreement with McCormick Kabot & Lew effective April 8, 2026;
2. Approve the Agreement with Griswold LaSalle for City Attorney services, effective April 9, 2026, and authorize the Mayor to execute the agreement and any related documents necessary to effectuate the agreement; and
Item No. 28.
3. Approve a budget amendment not to exceed $6,500 for FY 2025-26 City Attorney services to ensure sufficient budgeted funds through the fiscal year-end.
ATTACHMENTS: 1. Draft Agreement
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
CITY OF PORTERVILLE
FLAT FEE AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS AGREEMENT is made effective as of the 9th day of April, 2026, by and between City of Porterville (hereinafter "City") and Griswold, LaSalle, Cobb, Dowd & Gin, LLP (hereinafter "Contractor") for legal services to be provided as the Porterville City Attorney.
RECITALS
WHEREAS, City requires legal services on an ongoing basis by its designated City Attorney; WHEREAS, Contractor is qualified pursuant to the Government Code Section 41801 et seq. to perform such ongoing legal services;
NOW, THEREFORE, CITY AND CONTRACTOR MUTUALLY AGREE PURSUANT TO THE TERMS, COVENANTS AND CONDITIONS INDICATED HEREIN AS FOLLOWS:
1. Recitals.
The recitals hereinabove set forth are by virtue of this reference incorporated herein as though the same were set forth fully at this point.
2. Scope of Services
The Contractor shall provide legal services as requested by the City and will keep City informed of significant developments in those matters. All of the services to be provided by Contractor to City under this Agreement shall be labeled for billing purposes as “Included Services” and “Not Included Services.” Both the Included Services and the Not Included Services shall sometimes be collectively referred to herein as “Services.” The Included Services shall generally include legal issues surrounding those activities listed in Exhibit “A” attached hereto and made a part hereof. As part of the Included Services, Contractor will attend all meetings as required or needed.
The Not Included Services shall include those activities listed in Exhibit “B” attached hereto and made a part hereof.
The parties agree that they will discuss any services that do not specifically fall into either category to determine whether the service in question should be designated Included Services or Not Included Services for the purpose of billing under the flat fee amount.
Contractor will not represent City on matters to be handled by a Risk Management Authority or other insurance carrier unless specifically requested.
The primary Attorney providing Services for the City shall be Megan N. Crouch. Attorney Mario Zamora may assist and all personnel at the Firm may provide services on City matters when necessary.
City acknowledges and it is aware that Services are provided by Contractor on a team basis and that all members and staff of Contractor may and will be providing such Services when necessary.
3. Compensation
Fees for Included Services will be billed at a flat fee of twenty-five thousand dollars ($25,000) per month and Not Included Services will be billed at Contractor’s hourly rates in addition to the flat fee. Hourly rates for the Not Included Services range from two hundred and five dollars to three hundred dollars($205 - $300/hour) depending on the attorney, one hundred fifty per hour ($150/hour) for paraprofessionals and seventy-five dollars per hour ($75/hour) for clerical staff. All hourly rates are subject to change, however the flat fee shall remain the same unless changed by agreement or by inflation as described below.
Each invoice, whether for Included Services or Not Included Services, shall include a description of services rendered, to which department the services were so rendered, date of service and the charges according to the agreed upon method. Accounts will be payable by check or ACH and will be due by the 25th of every month.
The flat rate shall increase by the CPI-U index every July 1 beginning in 2027, but not less three percent (3%).
The City Council for City agrees that beyond an inflationary adjustment, they and City Manager will meet to discuss an adjustment of the current flat fee in January 2027 to determine whether the hourly requirements are exceeding the monthly flat fee.
Any partial months of service will be billed at a pro rata rate.
Example: Rate = (business days from 26th of the previous month / total business days from 26th of the month to the 25th of the following month) x Flat Fee e.g. (13/22) x $25,000 = $14,772.72.
4. Modification and Termination Without Cause
This Agreement may be modified only by a written amendment signed by the parties. This Agreement is an at-will contract that may be terminated by City or Contractor at any time, without cause subject to the obligations of Contractor as an attorney under the California Rules of Professional Conduct.
Following termination, Contractor shall turn over to the City all completed deliverables and then shall be reimbursed for all expenditures made in good faith that are due and unpaid at the time of termination.
5. Warranty
City relies upon Contractor's professional ability and training as a material inducement to enter into this Agreement. Contractor warrants that it will perform its work according to generally accepted professional practices and standards and the requirements of applicable
federal, state and local laws. City's acceptance of Contractor's work shall not constitute a waiver or release of Contractor from professional responsibility.
Contractor further warrants that it possesses current valid appropriate licensure, including, but not limited to, driver's license, professional license, or permits, required to perform the work under this Agreement.
6. Independent Contractor
Contractor is an independent contractor and not an agent, officer or employee of City.
The parties mutually understand that this Agreement is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association.
Contractor shall have no claim against City for employee rights or benefits including, but not limited to seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental or hospital benefits, retirement benefits, Social Security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, disability retirement benefits, paid holidays or other paid leaves of absence.
Contractor is solely obligated to pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Workers' Compensation and Medicare payments.
As an independent contractor, Contractor is not subject to the direction and control of City except as to the final result contracted for under this Agreement. City may not require Contractor to change its manner of doing business, but may require redirection of efforts to fulfill this Agreement.
Contractor may provide services to others during the same period Contractor provides service to City under this Agreement.
Any persons employed by Contractor shall be under Contractor's exclusive direction, supervision and control. Contractor shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharging or any other condition of employment.
As an independent contractor, Contractor shall indemnify and hold City harmless from any claims that may be made against City based on any contention by a third party that an employer-employee relationship exists under this Agreement.
Contractor, with full knowledge and understanding of the foregoing, freely, knowingly, willingly and voluntarily waives the right to assert any claim to any right or benefit or term or condition of employment insofar as the same may be related to or arise from compensation paid hereunder.
7. Responsibilities of Contractor
Contractor possesses the requisite skills necessary to perform the work under this Agreement and City relies upon such skills. Contractor pledges to perform its work skillfully and professionally. City's acceptance of Contractor's work does not constitute a release of Contractor from its professional responsibility
Contractor verifies that it has reviewed the scope of work to be performed under this Agreement and agrees that in its professional judgment, the work can and shall be completed for costs in accordance with the provisions of this Agreement.
8. Indemnification.
Contractor agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or in any way related to Contractor’s negligence or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement.
This indemnification shall survive the termination of this Agreement.
9. Insurance
Contractor agrees to carry errors and omissions insurance that provides not less than $1,000,000.00 in coverage per claim, and aggregate coverage of not less than $1,000,000.00.
Contractor and/or its attorneys shall carry Auto Liability in the amount of $1,000,000.00 combined single limit (CSL) per accident.
Contractor agrees to carry workers' compensation and employer's liability insurance in accordance with the California Labor Code and employer's liability limits as required by law. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, and agents for losses arising from work performance by the Contractor for the City.
10. Drug Free Workplace
Contractor warrants that it is knowledgeable of Government Code section 8350 et seq. regarding a drug free workplace and shall abide by and implement its statutory requirements.
11. Nondiscrimination
In rendering services under this Agreement, Contractor shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion or sexual orientation.
Further, Contractor shall not discriminate against its employees, which includes, but is not limited to, 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.
12. Subcontractor and Assignment.
Services under this Agreement are deemed to be personal services. Contractor shall not subcontract any work under this Agreement nor assign this Agreement or monies due without the prior written consent of the City Manager, the departmental contract manager, department head or his or her designee subject to any required state or federal approval.
Assignment by Contractor of any monies due shall not constitute an assignment of the Agreement.
13. Notice
Any notice necessary to the performance of this Agreement shall be given in writing by personal delivery or by prepaid first-class mail addressed as follows:
City:
City Manager
City of Porterville
291 N Main St,
Porterville, CA 93257
Contractor:
Managing Partner
Griswold, LaSalle, Cobb, Dowd & Gin LLP
111 E. 7th Street
Hanford, CA 93230
If notice is given by personal delivery or electronic transmission, notice is effective as of the date of delivery. If notice is given by mail, notice is effective as of three days following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first.
14. Choice of Law
The parties have executed and delivered this agreement in the County of Tulare, State of California. The laws of the State of California shall govern the validity, enforceability, or interpretation of this Agreement. Tulare County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Agreement. Contractor hereby waives any rights it may possess under Section 394 of the Code of Civil Procedure to transfer to a neutral county or other venue any action arising out of this Agreement. ///
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15. Severability
If any of the provisions of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above.
CITY OF PORTERVILLE
By: _________________________
Greg Meister, Mayor
GRISWOLD, LASALLE, COBB, DOWD & GIN,
LLP
By: _________________________
Mario U. Zamora,
Managing Partner
ATTEST:
______________________
City Clerk
Exhibit “A”
Included Services
All day-to-day interaction, memorandums, legal research, meetings, contract review, and travel for all city departments including:
1. Finance Department
2. HR labor relations
3. Police Department; including subpoena and Pitchess Motion issues
4. Public Works
5. City Council
6. Economic Development
7. City clerk
8. Engineering
9. Fire Department
10. Parks & Recreation
Exhibit “B”
Not Included Services
1. All litigation handled by our office, including employment appeals beyond Skelly hearings.
2. Environmental or real estate transactions (above and beyond normal review of items stated in Exhibit “A”)
3. Election and Redistricting related legal services
4. Cannabis related issues
5. Cybersecurity/ IT related issues
6. General Plan Amendment Review (above and beyond normal review of items stated in Exhibit “A”)
7. Any other irregular legal services as shall be designated by the City Manager All of the above are billed at our normal and customary hourly rates plus costs.