Agenda packet, regular meeting, second session — Portola City Council, December 14, 2022

Resolution No. 2534 December 14th, 2022
RESOLUTION NO. 2534

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA PROCLAIMING A

LOCAL EMERGENCY PERSISTS, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR OF CALIFORNIA MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF PORTOLA FOR THE PERIOD OF DECEMBER 11TH, 2022 TO JANURARY 10TH, 2023 PURSUANT TO BROWN ACT PROVISIONS.

WHEREAS, the City of Portola is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Portola’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the Governor of California issued a proclamation of a state of emergency March 4, 2020 and the City Council of the City of Portola previously proclaimed by Official Proclamation on March 19, 2020, finding that the requisite conditions exist for the legislative bodies of the City of Portola to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Portola, and the City Council has done so; and
WHEREAS, emergency conditions persist in the City of Portola specifically, a novel coronavirus, COVID-19, which symptoms include fever, cough, and shortness of breath with outcomes ranging from mild to severe illness, and in some cases death; and
WHEREAS, Plumas County, where the residents of the City of Portola reside, reports that many cases of COVID-19 and its variants continue to be contracted regularly within the county; and WHEREAS, the City of Portola does hereby find that the Existence of a Local Emergency due to the COVID-19 Pandemic has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City of Portola and desires to affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the legislative bodies of the City of Portola shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
Resolution No. 2534 December 14th, 2022
WHEREAS, the City Council of the City of Portola has been conducting meeting via live streaming at:
https://zoom.us/j/3583067836 or by phone at: 1.669.900.6833, meeting ID 358 306 7836 so that the public may participate in the City Council meetings;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTOLA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency in the City of Portola and proclaims that a local emergency persists throughout the City, and the novel coronavirus, COVID-19, continues to persist within the City as well as throughout Plumas County at a rate that poses significant risk to the health of all citizens.

Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 19, 2020.

Section 4. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Portola are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) December 11th, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953€(3) to extend the time during which the legislative bodies of the City of Portola may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED by the City Council of the City of Portola, this 14th day of December 2022, by the following vote:

AYES:________________________
NOES:

ABSTAIN:

ABSENT: _____________________
Pat Morton, Mayor
ATTEST:

Jason Shaw Deputy City Clerk
I, Jason Shaw, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the City Council at the City of Portola Regular meeting thereof held on December 14, 2022.

Jason Shaw, Deputy City Clerk
Resolution No. 2536 December 14th, 2022
RESOLUTION NO. 2536

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF PORTOLA ON NOVEMBER 6, 2022, DECLARING THE RESULT AND

SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted by all mail ballot by Plumas County, California, on Tuesday, November 6, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as "Exhibit A."

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTOLA,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.

That the whole number of ballots cast in the all mail ballot election in the City was 981 and the whole number of provisional ballots cast in the City was 0, making a total of 981 ballots cast in the City.

Section 2. That the names of persons voted for at the election for the 4 year member of the City Council (term ending December 2026) and the number of votes received by each candidate are as follows:

Candidate Number of votes
Bill Powers 347
Leah Turner 330
Phil Oels 304
Write-in 0
Section 3. The City Council does declare and determine that: Bill Powers was elected as Member of the City Council for the full term of four years, and Leah Turner was elected as Member of the City Council for the full term of four years.

Section 4. The Deputy City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The total number of votes given to each person.

Section 5. The Deputy City Clerk shall administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall be inducted into the respective office to which they have been elected.

Section 6. That the Deputy City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 14th day of December 2022 by the following vote:

Resolution No. 2536 December 14th, 2022
AYES: _____________________
NOES: _____________________
ABSTAIN: __________________
ABSENT: ___________________

_________________________
MAYOR, Pat Morton
ATTEST:
____________________________________
DEPUTY CITY CLERK, Jason Shaw
I, Jason Shaw, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the City Council of the City of Portola at a regular meeting thereof held on December 14, 2022.
_________________________________________
DEPUTY CITY CLERK, Jason Shaw

OATH OF OFFICE
OATH, for the office of, Councilmember, City of Portola I, Bill Powers, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Signature: ___________________________________
Bill Powers

State of California
County of, Plumas
City of, Portola
Subscribed and sworn (or affirmed) before me on Thursday, December 14, 2022.

Signature: ____________________________________
Jason Shaw, Deputy City Clerk

OATH OF OFFICE
OATH, for the office of, Councilmember, City of Portola I, Leah Turner, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Signature: ___________________________________
Leah Turner

State of California
County of, Plumas
City of, Portola
Subscribed and sworn (or affirmed) before me on Thursday, December 14, 2022.

Signature: ____________________________________
Jason Shaw, Deputy City Clerk
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Resolution No. 2535 December 14th, 2022
RESOLUTION NO. 2535

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA

AUTHORIZING PAYMENT OF CLAIMS FOR THE PERIOD
NOVEMBER 16, 2022 THROUGH DECEMBER 14, 2022.

ACCOUNTS PAYABLE
CHECK NUMBERS: 44406 – 44494

PAYROLL
CHECK NUMBERS: 17213 – 17220

WHEREAS, the City Council of the City of Portola has been fully advised that all such claims and demands are legal obligations of the City; and,
WHEREAS, the City Council has fully considered the claims and money demands and payment thereof as set forth below and in "Exhibit A" attached hereto and incorporated herein.

ACCOUNTS PAYABLE: $ 183,115.49
PAYROLL: $ 53,075.19
TOTAL: $ 236,190.68
NOW THEREFORE BE IT RESOLVED THAT all claims and demands represented are just and proper and legal demands or claims against the City of Portola, and the payment of any such demands is approved and authorized.

PASSED, APPROVED AND ADOPTED this 14th day of December, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Pat Morton, Mayor
ATTEST:

Jason Shaw, Deputy City Clerk
I, Jason Shaw, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the City Council at the City of Portola Regular meeting thereof held on December 14, 2022.

Jason Shaw, Deputy City Clerk
11/15/2022 4:09 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00144 AP RUN 11.23.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 000009 CRESCENT TOW & REPAIR
I-202211150812 AVA VEH ABATEMENT R 11/23/2022 2,900.00 044406 2,900.00 0005 AIRGAS, INC.

I-202211150796 ACETLENE/OXYGEN R 11/23/2022 230.32 044407 230.32 0015 AMERIGAS
I-202211150793 LDWTP PROPANE R 11/23/2022 481.19 044408 481.19 0015 AMERIGAS
I-202211150798 PUBLIC WORKS PROPANE R 11/23/2022 252.49 044409 252.49 0015 AMERIGAS
I-202211150799 CITY HALL PROPANE R 11/23/2022 305.35 044410 305.35 0021 AT&T
I-202211150802 800 EMER LINE R 11/23/2022 4.76 044411 4.76 0048 CBC COMPANIES-FACTUAL DATA
I-202211150795 UB UTILITY CREDIT CHECKS R 11/23/2022 34.50 044412 34.50 0052 CITY OF PORTOLA
I-202211150801 CITY WATER/SEWER BILLS R 11/23/2022 2,906.04 044413 2,906.04 *VOID* 044414 VOID CHECK V 11/23/2022 044414 **VOID**
0054 CLIFTONLARSONALLEN LLP
I-202211150800 AUDITING SERVICES R 11/23/2022 11,000.00 044415 11,000.00 0055 COATES TIRE CENTER
I-202211150814 VEH/EQUIP REPAIR R 11/23/2022 674.99 044416 674.99 0072 DOBROS PARTS-LLC
I-202211150810 SNOW VEH REP R 11/23/2022 146.97 044417 146.97 0085 FLAG STORE
I-202211150818 STREET SUPPLIES R 11/23/2022 295.24 044418 295.24 0086 FOLCHI LOGGING & CONSTR., INC.

I-202211150823 SYSTEM IMPROVEMENT R 11/23/2022 2,048.00 044419 2,048.00 0101 HUNT & SONS, INC.

I-202211150807 CITY FUEL CHARGES R 11/23/2022 5,694.73 044420 5,694.73 11/15/2022 4:09 PM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00144 AP RUN 11.23.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 0105 INTERMOUNTAIN DISPOSAL
I-202211150803 REFUSE COLLECTION R 11/23/2022 1,300.45 044421 1,300.45 0111 JEFFERSON SUPPLY COMPANY
I-202211150816 WATER LINE REPAIR R 11/23/2022 134.06 044422 134.06 0130 LEONARD'S MARKET
I-202211150804 WATER SUPPLIES R 11/23/2022 14.42 044423 14.42 0136 MANHARD CONSULTING
I-202211150820 PLANNING PROFESSIONAL SERVICES R 11/23/2022 640.00 044424 640.00 0159 OFFICE DEPOT
I-202211150811 OFFICE SUPPLIES R 11/23/2022 251.37 044425 251.37 0173 PITNEY BOWES
I-202211150797 POSTAGE FOR METER R 11/23/2022 520.99 044426 520.99 0180 PLUMAS COUNTY ENVIRONMENTAL
I-202211150821 CUPA FEES R 11/23/2022 262.00 044427 262.00 0188 PORTER SIMON CORPORATION
I-202211150813 LEGAL SERVICES R 11/23/2022 6,240.00 044428 6,240.00 0191 PRINTING SYSTEMS
I-202211150809 AP/PAYROLL CHECKS R 11/23/2022 351.84 044429 351.84 0212 SIERRA CONTROLS, LLC
I-202211150822 WATER/SEWER PROF SERVICES R 11/23/2022 405.00 044430 405.00 0218 SILVER STATE ANALYTICAL
I-202211150819 WATER/WASTEWATER TESTING R 11/23/2022 700.00 044431 700.00 0225 SONSRAY MACHINERY, LLC
I-202211150815 SNOW VEH REPAIR R 11/23/2022 184.59 044432 184.59 0227 STATE OF CALIFORNIA
I-202211150805 SIGNALS & LIGHTING R 11/23/2022 525.67 044433 525.67 0235 SUSAN SCARLETT
I-202211150794 ACCOUNTING SERVICES R 11/23/2022 5,000.00 044434 5,000.00 0244 TRIPLE CROWN PRODUCTS
I-202211150808 MATERIALS & SUPPLIES R 11/23/2022 214.49 044435 214.49 11/15/2022 4:09 PM DIRECT PAYABLES CHECK REGISTER PAGE: 3 PACKET: 00144 AP RUN 11.23.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

FUND PERIOD AMOUNT
-----------------------------------------
100 11/2022 16,136.70CR
207 11/2022 3,401.30CR
208 11/2022 1,987.74CR
215 11/2022 800.00CR
710 11/2022 26,485.71CR
720 11/2022 10,144.54CR
730 11/2022 3,414.17CR
===========================================
ALL 62,370.16CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
12/07/2022 12:57 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00151 AP RUN 12.14.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 000009 CRESCENT TOW & REPAIR
I-202212070873 VEH ABATEMENT R 12/14/2022 8,400.00 044438 8,400.00 000018 CINTAS
I-202212070829 MEDICAL SUPPLIES R 12/14/2022 72.95 044439 72.95 000025 AUTO & TRUCK ELECTRIC IN
I-202212070828 SNOW VEH REPAIR R 12/14/2022 270.66 044440 270.66 000027 NATIONAL INDUSTRIAL & SAFETY SU
I-202212070836 SNOW SUPPLIES R 12/14/2022 400.00 044441 400.00 0008 ALWAYS ANSWER
I-202212070868 800 NUMBER R 12/14/2022 53.43 044442 53.43 0014 AMERICAN WINDMILLS
I-202212070830 SEWER SYSTEM IMPROVEMENT R 12/14/2022 5,000.00 044443 5,000.00 0015 AMERIGAS
I-202212070860 CITY HALL PROPANE R 12/14/2022 994.53 044444 994.53 0015 AMERIGAS
I-202212070861 PUBLIC WORKS PROPANE R 12/14/2022 1,202.87 044445 1,202.87 0015 AMERIGAS
I-202212070862 LDWTP PROPANE R 12/14/2022 714.15 044446 714.15 0015 AMERIGAS
I-202212070863 SOUTHSIDE FH PROPANE R 12/14/2022 343.89 044447 343.89 0020 ASCAP
I-202212070847 ANNUAL LICENSE FEES R 12/14/2022 412.04 044448 412.04 0022 AT&T
I-202212070849 LDWTP LONG DISTANCE CHARGES R 12/14/2022 64.69 044449 64.69 0023 AT&T CALNET 3
I-202212070850 SCADA LDWTP R 12/14/2022 70.03 044450 70.03 0027 BASTIAN ENGINEERING
I-202212070833 ENGINEERING PROF SERVICES R 12/14/2022 1,819.13 044451 1,819.13 0039 BULLET INFORMATION TECHNOLOGY
I-202212070859 IT SERVICES R 12/14/2022 1,225.00 044452 1,225.00 12/07/2022 12:57 PM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00151 AP RUN 12.14.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

I-202212070840 SWER LINE REPAIR R 12/14/2022 761.48 044461 761.48 0091 GRANITE
I-202212070842 RIVERWALK R 12/14/2022 17,674.73 044462 17,674.73 0096 HARBOR FREIGHT TOOLS
I-202212070841 SNOW MATERIALS R 12/14/2022 374.42 044463 374.42 0101 HUNT & SONS, INC.

I-202212070875 FUEL CHARGES R 12/14/2022 5,426.52 044464 5,426.52 0103 IEDA
I-202212070867 LABOR RELATIONS CONSULTING R 12/14/2022 245.30 044465 245.30 0118 KANSAS LIFE INSURANCE CO
I-202212070856 EMPLOYEE LIFE INSURANCE R 12/14/2022 69.54 044466 69.54 0122 KIMBALL MIDWEST
I-202212070872 SNOW MATERIALS R 12/14/2022 930.68 044467 930.68 12/07/2022 12:57 PM DIRECT PAYABLES CHECK REGISTER PAGE: 3 PACKET: 00151 AP RUN 12.14.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 0124 KOMATSU EUIPMENT
I-202212070837 SEWER POND CLEAN OUT R 12/14/2022 11,066.86 044468 11,066.86 0133 LIBERTY UTILITIES
I-202212070851 CITY ELECTRIC BILLS R 12/14/2022 6,074.68 044469 6,074.68 0141 MCI MEGA PREFERRED
I-202212070876 800 LONG DISTANCE CHARGES R 12/14/2022 46.05 044470 46.05 0148 NAPA SIERRA
I-202212070832 MATIERALS & SUPPLIES R 12/14/2022 812.21 044471 812.21 0153 NEVADA SMALL ENGINES
I-202212070843 EQUIP REPAIR R 12/14/2022 521.75 044472 521.75 0157 O'REILLY AUTO PARTS
I-202212070826 SNOW VEH REPAIR R 12/14/2022 120.29 044473 120.29 0162 OPERATING ENGINEERS
I-202212070874 EMPLOYEE HEALTH INSURANCE R 12/14/2022 11,696.00 044474 11,696.00 0175 PLUMAS ACE HARDWARE
I-202212070827 MATERIALS & SUPPLIES R 12/14/2022 1,601.81 044475 1,601.81 0184 PLUMAS SIERRA RURAL ELECTRIC
I-202212070877 LDWTP ELECTRIC R 12/14/2022 1,360.80 044476 1,360.80 0185 PLUMAS SIERRA TELECOMMUNICAT
I-202212070878 CITY INTERNET SERVICES R 12/14/2022 382.00 044477 382.00 0218 SILVER STATE ANALYTICAL
I-202212070846 WATER/WASTE WATER TESTING R 12/14/2022 828.00 044478 828.00 0225 SONSRAY MACHINERY, LLC
I-202212070835 SEWER SYSTEM IMPROVEMENT R 12/14/2022 7,580.10 044479 7,580.10 0231 SUCCEED.NET
I-202212070879 WEB HOSTING R 12/14/2022 67.85 044480 67.85 0236 SWRCB
I-202212070838 ANNUAL PERMIT FEES R 12/14/2022 1,738.00 044481 1,738.00 0239 THATCHER COMPANY
I-202212070869 LDWTP CHEMICALS R 12/14/2022 7,418.09 044482 7,418.09 12/07/2022 12:57 PM DIRECT PAYABLES CHECK REGISTER PAGE: 4 PACKET: 00151 AP RUN 12.14.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 0240 THOMAS G. VALENTINO
I-202212070848 SW CONSULTING SERVICES R 12/14/2022 765.00 044483 765.00 0246 TYLER TECHNOLOGIES, INC
I-202212070866 SB2 INCODE R 12/14/2022 760.00 044484 760.00 0252 UNITED STATES POSTAL SERVICE
I-202212070880 PERMIT POSTAGE R 12/14/2022 1,500.00 044485 1,500.00 0253 US BANCORP
I-202212070870 CITY CREDIT CARD CHARGES R 12/14/2022 995.97 044486 995.97 0256 USA BLUE BOOK
I-202212070845 WATER MATERIALS R 12/14/2022 252.65 044487 252.65 0258 USDA FOREST SERVICE PIPELINE
I-202212070834 PIPELINE SPECIAL USE PERMIT R 12/14/2022 693.91 044488 693.91 0260 VERIZON WIRELESS
I-202212070852 LDWTP DATA PLAN R 12/14/2022 108.05 044489 108.05 0260 VERIZON WIRELESS
I-202212070853 CITY CELL PHONES R 12/14/2022 325.40 044490 325.40 0260 VERIZON WIRELESS
I-202212070854 CITY LAND LINES R 12/14/2022 487.68 044491 487.68 0264 WESTERN NEVADA SUPPLY
I-202212070825 WATER LINE REPAIR R 12/14/2022 1,995.82 044492 1,995.82 0269 XEROX FINANCIAL SERVICES
I-202212070857 XEROX COPIER LEASE R 12/14/2022 536.26 044493 536.26 0275 EIP HOLDINGS II LLC
I-202212070865 BECKWOURTH REPEATER RENT R 12/14/2022 189.00 044494 189.00 * * B A N K T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 56 0.00 120,745.33 120,745.33
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 1 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
BANK TOTALS: 57 0.00 120,745.33 120,745.33
12/07/2022 12:57 PM DIRECT PAYABLES CHECK REGISTER PAGE: 5 PACKET: 00151 AP RUN 12.14.2022
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: ALL
** REGISTER GRAND TOTALS *
* * T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 56 0.00 120,745.33 120,745.33
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 1 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
REGISTER TOTALS: 57 0.00 120,745.33 120,745.33
** POSTING PERIOD RECAP **

FUND PERIOD AMOUNT
-----------------------------------------
100 12/2022 43,313.61CR
207 12/2022 4,372.41CR
208 12/2022 7,586.76CR
211 12/2022 866.25CR
216 12/2022 952.88CR
501 12/2022 11,696.00CR
710 12/2022 16,472.93CR
720 12/2022 32,895.91CR
730 12/2022 2,588.58CR
===========================================
ALL 120,745.33CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
1 City of Portola
Minutes
Special Meeting
November 15, 2022 06:00 PM
35 Third Ave Portola 96122
https://www.cityofportola.com/
Mayor Pat Morton • Mayor Pro Tem Tom Cooley • Councilmember Phil Oels • Councilmember Stan Peiler • Councilmember Bill Powers

1. Call to Order
The meeting was called to order at 6:00 pm by Mayor Pat Morton.

A. Pledge of Allegiance
Lead by Mayor Pat Morton
B. Roll Call

Present: Mayor Pat Morton, Councilmember Phil Oels, Councilmember Stan Peiler, Councilmember Bill Powers

Absent: Mayor Pro Tem Tom Cooley
Staff Present:

Interim City Manager, Jon Kennedy, Financial Officer, Susan Scarlett, Deputy City Clerk, Jason Shaw

2. Public Comments
This section is intended to provide members of the public with an opportunity to comment on any subject that does not appear on this agenda. Please note that California law prohibits the City Council from taking action on any matter which is not on the posted agenda, unless it is determined to be an urgency item by the City Council. Any member of the public wishing to address the City Council during “PUBLIC COMMENT” shall first secure permission of the presiding officer, stand; may give his/her name and address to the Clerk for the record. Each person addressing the City Council shall be limited to three minutes ordinarily, unless the presiding officer indicates a different amount will be allotted.

Ashlee Sims left public comment and stated she had an open record request. Susan Scarlett responded that Ashlee Sim's record request was addressed by the city attorney twice.

3. CITY COMMUNICATIONS
A. City Council Communications / Committee Reports
Councilmember Oels attended the latest Fire Wise meeting.

Councilmember Powers had nothing to report.

Councilmember Peiler wished everyone a happy holidays.

Mayor Morton reported Christmas in Old Town and the tree lighting will be held on Dec 2nd.

Mayor Pro Tem Cooley was absent.

No reports from city staff.

No report from Fire, Sheriff, or Air Quality.

4. Resolution No 2532 Concerning COVID Remote Meetings Councilmember Bill Powers motioned to approve. A second was made by Councilmember Phil Oels. The roll call vote:
2 Aye Mayor Pat Morton Aye Councilmember Phil Oels Aye Councilmember Stan Peiler Aye Councilmember Bill Powers Absent Mayor Pro Tem Tom Cooley A note from Leah Turner was read aloud. Mayor Pat Moton responded that she feels safe at some places but not others. She feels the city hall meeting room is too small for safe social distancing. Bill Powers stated that any allegations of secret meetings were false and he congratulated Leah for being elected to the council. Councilmember Stan Piler stated he was bothered by the letter. He stated he has tested positive for Covid twice in the past and that the city council is not hiding anything and was doing this for public safety. Councilmember Phil Oels stated that nothing has been hidden. Ashlee Sims left public comment. Councilmembers responded that they have had friends die from Covid. Interim City Manager Jon Kennedy also gave examples of bad cases of Covid and stated that the council shouldn't feel pressured based on what other agencies are doing.

5. Consent Agenda
A. Claims- Adopt Resolution No. 2533 authorizing payment of claims for the period of October 27, 2022 though November 15, 2022
Accounts Payable: $40,816.64
Payroll: $42,821.14
Total: $83,637.78
Payroll Checks 17205 – 17212
AP Run Checks 44366 – 44405
Councilmember Bill Powers motioned to approve. A second was made by Councilmember Stan Peiler. The roll call vote:

Aye Mayor Pat Morton Aye Councilmember Phil Oels Aye Councilmember Stan Peiler Aye Councilmember Bill Powers Absent Mayor Pro Tem Tom Cooley

6. IMD Rate Increase Councilmember Stan Peiler motioned to approve. A second was made by Councilmember Bill Powers. The roll call vote:

Aye Mayor Pat Morton Aye Councilmember Phil Oels Aye Councilmember Stan Peiler Aye Councilmember Bill Powers Absent Mayor Pro Tem Tom Cooley The amount requested includes carry over from previous years. Asking for a 16.8% increase. Council can decide to accept that amount or less. Councilmember Bill Powers asked for clarification on tipping fees.

Councilmember Stan Piler asked if IMD would be willing to take any less. Bill Powers requested information from Tom Valentino. Tom Valentino broke down how the various fees were incorporated into the rate. Phil Oels said the increase wasn't too bad at an average of 2 dollars a customer. Ashlee Sims left public Comment. Lindsey Shaw left public comment.

Motion by Councilmember Stan Peiler to approve a rate increase for IMD in the amount of 14.3%.

7. LESSG Funding Request Councilmember Phil Oels motioned to approve. A second was made by Councilmember Bill Powers. The roll call vote:

Aye Mayor Pat Morton Aye Councilmember Phil Oels Aye Councilmember Stan Peiler Aye Councilmember Bill Powers Absent Mayor Pro Tem Tom Cooley Two large expenses remain: inform the public of the new proposed fire district and the LAFCO application fee. $20,000 has been spent already by the committee. Ashlee Sims left Public Comment. Mayor Pat Morton mentioned its likely not all of the money will be spent and that its being spent to provide better services to the public. Motion by Councilmember Phil Oels to approve $20,000 for LESSG Funding.

8. Public Purpose use of ARPA funds/Sierra Ridge Councilmember Stan Peiler motioned to approve. A second was made by Councilmember Phil Oels. The roll call vote:

Aye Mayor Pat Morton Aye Councilmember Phil Oels Aye Councilmember Stan Peiler Aye Councilmember Bill Powers Absent Mayor Pro Tem Tom Cooley City Manger Jon Kennedy and Finance Officer Susan Scarlett explained that certain tax defaulted properties could be acquired by the City for a “public purpose”. This initially would be to clean up the properties as they have been a health and safety issue for years. At some time in the future another purpose could be identified such as partnering for affordable housing. Finance Officer Scarlett said that the rules for the State and Local Fiscal Recover Funds is consistent with this use. Ashlee Sims commented.
3 The Council approved having the City Manger sign the Application to purchase tax-defaulted properties and the next step will be for this to go to the Board of Supervisors.

9. Adjournment
Mayor Pat Morton Adjourned the meeting at 7:52 PM.

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Jon Kennedy, Interim City Manager
MEETING: December 14, 2022
SUBJECT: Revisions to Portola Municipal Code to Comply with SB 1383 Requirements

BACKGROUND
In 2016, the California legislature approved and Governor Brown signed Senate Bill 1383 – Short-lived Climate Pollutants. The legislation seeks to reduce emissions of methane from dairy and livestock operations and solid waste landfills as a means of combating climate change.

Primarily, SB 1383 tasked the California Department of Resources Recycling and Recovery (CalRecycle) to write and enforce regulations to reduce the amount of organic waste disposed of in landfills by 50% by 2020 and 75% by 2025 (from a 2014 disposal baseline). It also set a goal to retrieve at least 20% of currently disposed edible food by 2025 and redirect that food to people in need.

Additionally, a portion of the SB 1383 legislation mandates the city to amend the Portola Municipal Code to incorporate specific requirements to comply with Water Efficient Landscape and CalGreen regulations under the state of California Title 23 (Waters) and Title 24 (Building Standards) codes for new construction.

City Engineer Dan Bastian prepared amendments to Title 13 (Utilities) and Title 15 (Buildings and Construction) of the PMC to comply with the state regulations, which are attached.

Following are descriptions of the PMC revisions:

PMC TITLE 13.40 WATER-EFFICIENT LANDSCAPE REVISIONS
 Add Section 13.40.006 “Standard Code Adopted.” This new section incorporates specific state Title 23 regulations by reference into Portola Municipal Code Title 13.40.  Change Section 13.40.050 – Landscape Design Plan – to add “hydrozone” (clustering of plants) and add requirements for mulch and compost and purchase of organic mulch from recycled or post-consumer materials.

PMC TITLE 15.04.020 CALIFORNIA BUILDING STANDARDS REVISIONS  Delete “2016” and replace with “latest adopted” in several instances referencing various California codes.
 Change Note 11 to properly reference and update “latest adopted California Green Building Standards Code.”
 Add “voluntary tier measures” to the explanation for exemption under Note 11.

NEW PMC TITLE 15.11 – ORDINANCE REQUIRING AREAS FOR COLLECTION

AND LOADING OF RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS  Add new Section 15.11 to the Portola Municipal Code which establishes requirements for new developments to provide adequate space for recycling activities, including deposit of recyclables into containers and collection by authorized entities.

STAFF RECOMMENDATION
Staff recommends that the City Council introduce and approve revisions to Titles 13 and 15 of the Portola Municipal Code and waive the second reading of the code revisions.

Ordinance NO. 362 December 14, 2022
ORDINANCE NO. 362

AN ORDINANCE OF THE CITY OF PORTOLA, COUNTY OF PLUMAS
AMENDING CHAPTER 13.40 AND CHAPTER 15.04 AND CREATING CHAPTER 15.11

OF THE CITY OF PORTOLA MUNICIPAL CODE
FOR COMPLIANCE WITH SENATE BILL 1383 – SHORT-LIVED CLIMATE POLLUTANTS The Council of the City of Portola, California, ordains as follows:

I. CHAPTER 13.40 – WATER EFFICIENT LANDSCAPE IS HEREBY AMENDED TO READ AS FOLLOWS:

13.40.006 Standard Code Adopted (New Section).

The California Code of Regulations, Title 23 – Waters, Division 2 - Department of Water Resources, Chapter 2.7 - Sections 492.6(a)(3)(B) (C), (D), and (G), 493, 493.1, 493.2, 494.4, 492.11, and 492.12 of the Model Water Efficient Landscape Ordinance are hereby adopted by the City of Portola and incorporated by reference into the City of Portola Municipal Code, as amended by this chapter.

13.40.050 Landscape design plan (Revised Section).

A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

Ordinance NO. 362 December 14, 2022
c. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:
i. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
ii. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and
iii. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
d. Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent). e. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.
f. The use of invasive and/or noxious plant species is strongly discouraged. g. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water use plants as a group.

2. Water features.
a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features. c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
d. Pool and spa covers are highly recommended.

3. Mulch and amendments Soil Preparation, Mulch and Amendments. a. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
a. A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to Ordinance NO. 362 December 14, 2022
5 % of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
b. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
c. Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. b.d. Stabilizing mulching products shall be used on slopes. c.e. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
d. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5).

B. The landscape design plan, at a minimum, shall:

1. Delineate and label each hydrozone by number, letter, or other method;

2. Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

3. Identify recreational areas;

4. Identify areas permanently and solely dedicated to edible plants;

5. Identify areas irrigated with recycled water;

6. Identify type of mulch and application depth;

7. Identify soil amendments, type, and quantity;

8. Identify type and surface area of water features;

9. Identify hardscapes (pervious and non-pervious);

10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:
a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground; b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and
Ordinance NO. 362 December 14, 2022
c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);

12. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

13. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.).

II. CHAPTER 15.04 – PORTOLA UNIFORM BUILDING CODES, SECTION 15.04.020 –

CALIFORNIA BUILDING CODES ADOPTED IS HEREBY AMENDED TO READ AS FOLLOWS:

A. The 2016 latest adopted California Building Standards Code is hereby adopted by the City of Portola and incorporated by reference into the City of Portola Municipal Code, as amended by this chapter. The 2016 California Building Standards Code includes, but is not limited to, the following:

1. The latest adopted 2016 California Administrative Code of the California Code of Regulations Title 24 Part 1.

2. The latest adopted 2016 California Building Code - Volumes 1 and 2 of the California Code of Regulations Title 24 Part 2.

3. The latest adopted 2016 California Residential Code of the California Code of Regulations Title 24 Part 2.5, including:
a. Appendix G, Swimming Pools, Spas, and Hot Tubs.
b. Appendix H, Patio Covers.

4. The latest adopted 2016 California Electrical Code of the California Code of Regulations Title 24 Part 3.

5. The latest adopted 2016 California Mechanical Code of the California Code of Regulations Title 24 Part 4.

6. The latest adopted 2016 California Plumbing Code of the California Code of Regulations Title 24 Part 5.

7. The latest adopted 2016 California Energy Code of the California Code of Regulations Title 24 Part 6.

Ordinance NO. 362 December 14, 2022

8. The latest adopted 2016 California Historical Building Code of the California Code of Regulations Title 24 Part 8.

9. The latest adopted 2016 California Fire Code of the California Code of Regulations Title 24 Part 9.

10. The latest adopted 2016 California Existing Building Code of the California Code of Regulations Title 24 Part 10.

11. 2016 California Green Building Standards Code (CALGreen Code) of the California Code of Regulations Title 24 Part 11. Latest adopted California Green Building Standards Code, as published by ICC, triennial compilation and publication of the California Building Standards Commission, California Code of Regulations, Title 24, Part 11, this title is intended to be known as the CAL Green Code as amended July 1, 2019, and effective January 1, 2020. The adoption of Part 11 identifies the required green building measures necessary to meet the minimum requirements and shall not include voluntary tier measures.

12. The latest adopted 2016 California Referenced Standards Code of the California Code of Regulations Title 24 Part 12.

B. There is at least one copy of said code on file in the office of the building official for use and examination by the public.

C. Fees. The fees for permits issued under this chapter are those established by resolution of the city council.

III. CHAPTER 15.11 – ORDINANCE REQUIRING AREAS FOR COLLECTION AND

LOADING OF RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS IS HEREBY CREATED TO READ AS FOLLOWS:

15.11.010 GENERAL PROVISIONS

15.11.011 Purpose
The City of Portola must divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities.

Diverting 50 percent of all solid waste requires the participation of the residential, commercial, industrial, and public sectors.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This ordinance has been developed to meet that need.

15.11.012 Definitions
Ordinance NO. 362 December 14, 2022
The following definitions shall apply to the language contained in this ordinance:
“Development Project” means any of the following:

1. A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units.

2. Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

3. The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tract there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this ordinance are only required to serve the needs of the living units which utilize the solid waste collection and loading area.
“Improvement” means an improvement which adds to the value of a facility, prolongs its useful life, or adapts it to new uses. Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.
“Public Facility” includes, but is not limited to, buildings, structures, marinas, and outdoor recreation areas owned by a local agency.
“Recycling Area” means space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.

15.11.020 GENERAL REQUIREMENTS
A. Any new development project for which an application for a building permit is submitted on or after September 1, 1994, shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

B. Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

C. Any existing development project for which an application for a building permit is submitted on or after September 1, 1994, for a single alteration which is subsequently performed that adds 30 percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

Ordinance NO. 362 December 14, 2022
D. Any existing development project for which an application for a building permit is submitted on or after September 1, 1994, for multiple alterations which are conducted within a 12- month period which collectively add 30 percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

E. Any existing development project for which multiple applications for building permits are submitted within a 12-month period beginning on or after September 1, 1994, for multiple alterations which are subsequently performed that collectively add 30 percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

F. Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1994, an application for a building permit for a single alteration which is subsequently performed that adds 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

G. Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1994 an application for a building permit for multiple alterations which are conducted within a 12-month period which collectively add 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

H. Any existing development project occupied by multiple tenants, one of which submits within a 12-month period beginning on or after September 1, 1994, multiple applications for building permits for multiple alterations which are subsequently performed that collectively add 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

I. Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

15.11.030 GUIDELINES FOR ALL DEVELOPMENT PROJECTS
A. Where local standards exist, recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.

Ordinance NO. 362 December 14, 2022
B. The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

C. The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, State, or local laws relating to fire, building, access, transportation, circulation, or safety.

D. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

E. Driveways and/or travel aisles shall, at a minimum, conform to local building-code requirements for garbage collection access and clearance. In the absence of such building-code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

F. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

G. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

15.11.031 Additional Guidelines for Single-Tenant Development Projects A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.

B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area.

15.11.032 Additional Guidelines for Multiple-Tenant Development Projects A. Recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section III of this ordinance.

B. Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section Ordinance NO. 362 December 14, 2022
III of this ordinance.

C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area pursuant to Section III of this ordinance should be located within the recycling area.

15.11.033 Location
A. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety.

B. Any and all recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect, and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

15.11.040 DECLARATION OF SEVERABILITY
All provisions of this Ordinance are severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of the Ordinance.

Chapter 13.40 - WATER-EFFICIENT LANDSCAPE
.
.
.
[NO CHANGE TO 13.40.005]

13.40.005 Purpose.

A. The state legislature has found:

1. That the waters of the state are of limited supply and are subject to ever increasing demands;

2. That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

3. That it is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

5. That landscape design, installation, maintenance and management can and should be water efficient; and

6. That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

B. Consistent with these legislative findings, the purpose of this ordinance is to:

1. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

3. Establish provisions for water management practices and water waste prevention for existing landscapes;

4. Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;

5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

6. Encourage the use of economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

7. Encourage cooperation between the City of Portola and other local agencies to implement and enforce the provisions of the City of Portola Water Efficient Landscape Ordinance.
(Ord. No. 334, 1-13-2010)
Note(s)—Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code.
[ADD SECTION]

13.40.006 Standard Code Adopted.

13.40.007 Applicability.

A. After January 1, 2010, this ordinance shall apply to all of the following landscape projects:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check or design review;

2. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review;

3. New construction landscapes which are homeowner-provided and/or homeownerhired in single-family and multi-family residential projects with a total project landscape area equal to or greater than five thousand square feet requiring a building or landscape permit, plan check or design review;

4. Existing landscapes limited to Sections 493, 493.1 and 493.2; and

5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11 and 492.12; and existing cemeteries are limited to Sections 493, 493.1 and 493.2.

B. This ordinance does not apply to:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public. (Ord. No. 334, 1-13-2010)
Note(s)—Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
[CHANGE AS NOTED]

13.40.050 Landscape design plan.

1. Plant material;
a. Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. To encourage the efficient use of water, the following is highly recommended:
i. Protection and preservation of native species and natural vegetation; ii. Selection of water-conserving plant and turf species; iii. Selection of plants based on disease and pest resistance; iv. Selection of trees based on applicable City of Portola tree ordinances or tree shading guidelines; and
v. Selection of plants from local and regional landscape program plant lists. b. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 492.7(a)(2)(D).
c. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:
i. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
ii. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and
iii. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
d. Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).
e. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.
f. The use of invasive and/or noxious plant species is strongly discouraged. g. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water use plants as a group.

2. Water features.
a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features.
c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
d. Pool and spa covers are highly recommended.

3. Mulch and amendments.

3. Soil Preparation, Mulch and Amendments
a. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
a. A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left without mulch.

Designated insect habitat must be included in the landscape design plan as such. b. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
c. Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
b.d. Stabilizing mulching products shall be used on slopes. c.e. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
d. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5).

B. The landscape design plan, at a minimum, shall:

1. Delineate and label each hydrozone by number, letter, or other method;

2. Identify each hydrozone as low, moderate, high water, or mixed water use.

Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

3. Identify recreational areas;

4. Identify areas permanently and solely dedicated to edible plants;

5. Identify areas irrigated with recycled water;

6. Identify type of mulch and application depth;

7. Identify soil amendments, type, and quantity;

8. Identify type and surface area of water features;

9. Identify hardscapes (pervious and non-pervious);

10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater.

Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:
a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground;
b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and
c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);

12. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

15.04.020 California Building Standards Code adopted.
[CHANGE AS NOTED]
A. The latest adopted 2016 California Building Standards Code is hereby adopted by the City of Portola and incorporated by reference into the City of Portola Municipal Code, as amended by this chapter. The 2016 California Building Standards Code includes, but is not limited to, the following: