1 City of Portola
AGENDA
Regular Meeting
Wednesday, August 26, 2026 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
https://zoom.us/j/3583067836
Mayor Bill Powers • Mayor Pro Tem Mikki Battaglia • Councilmember Jim Murphy • Councilmember Lauren Miller • Councilmember Stephan Mangum
City Manager Ryan Bonk
REASONABLE ACCOMMODATIONS
The City Council welcomes you to its meetings which are regularly held the second and fourth Wednesday of each month at 6:00 p.m. at the City Hall Council Chambers. Your interest and participation is encouraged and welcome.
As a courtesy, the City Council meeting is also accessible to the public via live streaming at:
https://zoom.us/j/3583067836 or by phone at: Phone Number 1.669.900.6833; Meeting ID: 358 306 7836. Online and telephonic access does not guarantee the public the ability to observe the meeting in the event there is a disruption or connectivity issues that affect broadcasting.
Members of the public who want to be assured that they have the ability to observe the meeting and make comment during the meeting, should attend the meeting in-person.
Any person desiring to address the City Council or any committee, commission or agency under the jurisdiction of the City Council, on any item not on the agenda may do so during public comment period. Public comment during the meeting will be accepted in person only. Public Comment can be made on the online agenda by clicking on the "comment" section next to each agenda item listed below.
Agenda backup materials can be viewed by selecting the 'View Item' link on the agenda below, at https://civassist.com/district/49/agenda in the agenda packet for the specific meeting date, or in person at City Hall, 35 Third Avenue, Portola, California, during regular business hours. Meeting facilities are accessible to persons with disabilities.
Reasonable efforts will be made to accommodate the participation of persons with disabilities in the City’s public meetings. If special accommodation is needed, please notify the City at 530.832.6801 at least 48 hours prior to the meeting.
2 1. Call to Order
A. Roll Call
B. Pledge of Allegiance
2. Public Comments
Discussion Comment
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 five minutes ordinarily, unless the presiding officer indicates a different amount will be allotted.
3. City Communications
Discussion Comment
A. City Council Communications
B. Reports: Beckwourth Peak Fire Protection District / Plumas County Sheriff / Northern Sierra Air Quality
C. Staff Communications
D. City Manager Report
4. Consent Agenda
Discussion Possible Action Comment View Item
These items are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. Any Councilmembers, staff member or interested party may request that an item be removed from the consent agenda for discussion. Additional budget appropriations will require a four/fifths roll call vote.
A. Claim
Adopt Resolution No. 2669. The resolution authorizes payment of payroll from July 25th, 2026 through August 7th, 2026 and accounts payable from August 13th, 2026 through August 26th, 2026
The amount of payroll to be paid is $57,192.85
The amount of accounts payable to be paid is $77,896.31 The total amount to be paid is $135,089.16
B. Minutes
Adopt the minutes of the August 12th, 2026 Regular City Council Meeting.
5. Ordinance No. 364: Repealing Ordinance No. 284 and Amending the City's Conflict of
3 Interest Code
Discussion Possible Action Comment View Item
Council to consider adoption of Ordinance No. 364, which repeals Ordinance No. 284 (adopted November 8, 2000) and amends the City's Conflict of Interest Code in the format recommended by the Fair Political Practices Commission.
6. Resolution 2667: Code Enforcement Policies & Procedures Manual Discussion Possible Action Comment View Item
Staff to present staff report on the Code Enforcement Policies and Procedures Manual. City Council to consider adoption of Resolution 2667.
7. Code Enforcement: Receivership Agreement
Discussion Possible Action Comment View Item
Staff to present attached staff report. City Council to consider approving the receivership agreement with Civica Law Group.
8. Resolution 2668: Determining and Declaring a Prima Facie Speed Limit of 20 MPH in Certain School Zones
Discussion Possible Action Comment View Item
Staff to present attached staff report. City Council to consider adoption of Resolution 2668.
9. Adjournment
Resolution No. 2669 August 26th, 2026
RESOLUTION NO. 2669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
AUTHORIZING PAYMENT OF CLAIMS FOR PAYROLL FOR THE PERIOD JULY 25TH, 2026, THROUGH AUGUST 7TH, 2026 AND ACCOUNTS
PAYABLE FROM
AUGUST 13TH, 2026, THROUGH AUGUST 26TH, 2026
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.
Check Nos: Amount
48448 - 48482 $77,896.31
Total Accounts Payable $77,896.31
Payroll:
7/25/2026 – 8/7/2026 $57,192.85
Total Payroll $57,192.85
Total Claims $135,089.16
PASSED, APPROVED AND ADOPTED this 26th day of August 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William Powers, Mayor
ATTEST:
_______________________________
Kristen Schiavone, Deputy City Clerk
I, Kristen Schiavone, 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 August 26th, 2026.
_______________________________
Kristen Schiavone, Deputy City Clerk
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 1
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 1 MORSON, JENNO
I-000202608194607 US REFUND R 8/26/2026 048448
710 000-107.00 UTILITY RECEIVABLE 05-032300-00 62.87 62.87 0005 AIRGAS, INC.
I-5526646750 AIRGAS, INC. R 8/26/2026 048449
710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE AIRGAS, INC. 149.54 720 311-600.07 EQUIPMENT REPAIR/MAINTENANCE AIRGAS, INC. 149.53 710 311-600.06 MATERIALS AND SUPPLIES AIRGAS, INC. 124.54 710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE AIRGAS, INC. 124.53 548.14 INVOICE #5526646750
1 AMBER WILSON
I-202608174597 AMBER WILSON: R 8/26/2026 048450
100 411-405.10 RECREATION FEES-SWIM LESSONS AMBER WILSON: 90.00 90.00 SESSION 3 SWIM LESSON REFUND FOR
RALEIGHMAE MAHOOD
0015 AMERIGAS
I-3192803981 PROPANE - POOL R 8/26/2026 048451
100 411-600.04 GAS AND ELECTRIC PROPANE - POOL 102.49 102.49 INVOICE #3192803981
1 BREANNA BUFORD
I-202608174598 BREANNA BUFORD: R 8/26/2026 048452
100 411-405.10 RECREATION FEES-SWIM LESSONS BREANNA BUFORD: 180.00 180.00 SESSION 3 SWIM LESSONS REFUND FOR
CHARLOTTE JOHNSON & DEMMA JOHNSON
0039 BULLET INFORMATION TECHNOLOGY
I-20263288 BULLET INFORMATION TECHNOLOGY R 8/26/2026 048453 100 111-600.18 PROFESSIONAL SERVICES BULLET INFORMATION T 200.00 710 311-600.18 PROFESSIONAL SERVICES BULLET INFORMATION T 200.00 720 311-600.18 PROFESSIONAL SERVICES BULLET INFORMATION T 200.00 600.00 INVOICE #20263288
0041 CALIF. RURAL WATER ASSOC.
I-6588 ANNUAL RENEWAL WATER ASSOC. R 8/26/2026 048454
710 311-600.31 DUES/MEMBERSHIPS ANNUAL RENEWAL WATER 1,042.00 1,042.00 INVOICE #6588
000120 CALIFORNIA BUILDING STANDARDS
I-202608134595 CALIFORNIA BUILDING STANDARDS R 8/26/2026 048455 100 114-600.06 MATERIALS AND SUPPLIES CALIFORNIA BUILDING 9.00 9.00
CITY OF PORTOLA
Exhibit A
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 000129 CINTAS CORP
I-202608134593 CLEANING & JANITORIAL SUPPLIES R 8/26/2026 048456 710 311-600.06 MATERIALS AND SUPPLIES CLEANING & JANITORIA 256.67 720 311-600.06 MATERIALS AND SUPPLIES CLEANING & JANITORIA 256.66 100 411-600.06 MATERIALS AND SUPPLIES CLEANING & JANITORIA 256.66 710 325-600.06 MATERIALS AND SUPPLIES CLEANING & JANITORIA 256.66 100 414-600.06 MATERIALS AND SUPPLIES CLEANING & JANITORIA 256.66 1,283.31 INVOICE #4273542763; #4275034768; #4275761853; #4278792737 0053 CIVICPLUS
I-384470 MUNICODE ONLINE CODE HOSTING R 8/26/2026 048457 100 111-600.22 CODE REFERENCE UPDATE MUNICODE ONLINE CODE 330.75 710 311-600.22 CODE REFERENCE UPDATE MUNICODE ONLINE CODE 330.75 720 311-600.22 CODE REFERENCE UPDATE MUNICODE ONLINE CODE 330.75 992.25 INVOICE #384470
000051 CUTTING IMAGE
I-43004 DOOR HANGERS R 8/26/2026 048458
710 311-600.06 MATERIALS AND SUPPLIES DOOR HANGERS 236.66 720 311-600.06 MATERIALS AND SUPPLIES DOOR HANGERS 236.65 473.31 INVOICE #43004
1 DEEDEE CLARK
I-202608174600 DEEDEE CLARK: R 8/26/2026 048459
100 411-405.10 RECREATION FEES-SWIM LESSONS DEEDEE CLARK: 126.00 126.00 SESSION 3 SWIM LESSONS CANCELLED FOR
LARAMIE GERBER + 2 ADDITIONAL DAYS SHORT STAFF; LIGHTENING 1 ERIN HIDDE
I-202608174599 ERIN HIDDE: R 8/26/2026 048460
100 411-405.10 RECREATION FEES-SWIM LESSONS ERIN HIDDE: 90.00 90.00 SESSION 3 SWIM LESSON REFUND FOR
MICHAEL HIDDE
000131 HF&H CONSULTANTS, LLC
I-9723433 SOLID WASTE ORDINANCE CONSULT. R 8/26/2026 048461 730 311-600.18 PROFESSIONAL SERVICES SOLID WASTE ORDINANC 3,108.75 3,108.75 INVOICE #9723433
0111 JEFFERSON SUPPLY COMPANY
I-202608184604 PUBLIC WORKS SUPPLIES R 8/26/2026 048462 100 414-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS SUPPLIE 246.68 710 311-600.76 LINE REPAIR PUBLIC WORKS SUPPLIE 1,204.89 1,451.57 INVOICE #56562; #56572; #56601; #56602; #56623
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 1 JOSE AREVALO
I-202608174601 JOSE AREVALO: R 8/26/2026 048463
100 411-405.10 RECREATION FEES-SWIM LESSONS JOSE AREVALO: 90.00 90.00 SESSION 3 SWIM LESSONS CANCELLED FOR
STEVEN AREVALO
0118 KANSAS LIFE INSURANCE CO
I-ERUCB015 09.01.26 LIFE INSURANCE R 8/26/2026 048464
100 111-510.01 PERSONNEL COSTS LIFE INSURANCE 21.48
100 113-510.01 PERSONNEL COSTS LIFE INSURANCE 11.37
100 114-510.01 PERSONNEL COSTS LIFE INSURANCE 2.53
100 311-510.01 PERSONNEL COSTS LIFE INSURANCE 6.32
207 315-510.01 PERSONNEL COSTS LIFE INSURANCE 7.58
208 317-510.01 PERSONNEL COSTS LIFE INSURANCE 7.58
710 311-510.01 PERSONNEL COSTS LIFE INSURANCE 40.44
720 311-510.01 PERSONNEL COSTS LIFE INSURANCE 24.01
730 311-510.01 PERSONNEL COSTS LIFE INSURANCE 5.05 126.36 POLICY #ERUCB015 09.01.26
0133 LIBERTY UTILITIES
I-200008626604 07.26 LIBERTY UTILITIES R 8/26/2026 048465 720 311-600.04 GAS AND ELECTRIC LIBERTY UTILITIES 750.02 750.02 ACCOUNT #200008626604
0133 LIBERTY UTILITIES
I-200008626760 07.26 LIBERTY UTILITIES R 8/26/2026 048466 720 311-600.04 GAS AND ELECTRIC LIBERTY UTILITIES 551.59 551.59 ACCOUNT #200008626760
000135 MICHAELE TANGUAY
I-202608194608 NOTARY SERVICES R 8/26/2026 048467
710 311-600.06 MATERIALS AND SUPPLIES NOTARY SERVICES 15.00 15.00 LIEN RECORDING 08/18/2026
0148 NAPA SIERRA
I-322909 PUBLIC WORKS SUPPLIES R 8/26/2026 048468
710 311-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS SUPPLIE 34.31 34.31 INVOICE #322909
0164 P & F DISTRIBUTORS
I-202608184605 PUBLIC WORKS MATERIALS R 8/26/2026 048469 710 311-600.76 LINE REPAIR PUBLIC WORKS MATERIA 2,561.10 2,561.10 INVOICE #0195262-IN; #0195237-IN
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 0183 PLUMAS SANITATION, INC
I-25502 SEPTIC TANK PUMPING R 8/26/2026 048470
710 325-601.14 CLEANING CHEMICALS DISPOSAL SEPTIC TANK PUMPING 1,400.00 1,400.00 INVOICE #25502
0185 PLUMAS SIERRA TELECOMMUNICATIO
I-INV GRP 406 7.2026 INTERNET R 8/26/2026 048471
710 325-600.05 TELEPHONE INTERNET 109.00
710 311-600.05 TELEPHONE INTERNET 54.50
720 311-600.05 TELEPHONE INTERNET 54.50
100 113-600.05 TELEPHONE INTERNET 10.90
100 111-600.05 TELEPHONE INTERNET 21.80
710 311-600.05 TELEPHONE INTERNET 32.70
720 311-600.05 TELEPHONE INTERNET 32.70
730 311-600.05 TELEPHONE INTERNET 10.90
100 413-600.05 TELEPHONE INTERNET 109.00 436.00
INVOICE GROUP 406 - 07.31.2026 STATEMENT
0192 PURCHASE POWER - PITNEY BOWES
I-202608134594 POSTAGE R 8/26/2026 048472
100 111-600.02 POSTAGE POSTAGE 344.05
100 113-600.02 POSTAGE POSTAGE 344.05
710 311-600.02 POSTAGE POSTAGE 344.05
720 311-600.02 POSTAGE POSTAGE 344.05
730 311-600.02 POSTAGE POSTAGE 344.05 1,720.25
ACCOUNT # 8000-9000-0022-7607 - 08.06.26
1 REGINA WILLIAMS
I-202608174596 REGINA WILLIAMS: R 8/26/2026 048473
100 411-405.10 RECREATION FEES-SWIM LESSONS REGINA WILLIAMS: 180.00 180.00 SESSION 3 SWIM LESSONS REFUND FOR
ARI & SONNY LAHAISE
000050 SHAFER EQUIPMENT COMPANY INC
I-10047416 PUBLIC WORKS - REPAIRS/LABOR R 8/26/2026 048474 710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE PUBLIC WORKS - REPAI 409.66 720 311-600.07 EQUIPMENT REPAIR/MAINTENANCE PUBLIC WORKS - REPAI 409.66 819.32 INVOICE #10047416
0212 SIERRA CONTROLS, LLC
I-258199 PUBLIC WORKS CELLULAR CHANGE. R 8/26/2026 048475 710 311-600.18 PROFESSIONAL SERVICES PUBLIC WORKS CELLULA 4,368.85 4,368.85 INVOICE #258199
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 0222 SMALL CITIES ORGANIZED RISK EF
I-FY 2026-2027 LOSS CONTROL GRANT OVERPAYMENT R 8/26/2026 048476 100 000-407.01 SCORE REFUND LOSS CONTROL GRANT O 13,923.51 13,923.51 LOSS CONTROL GRANT-FY 2026-2027
CITY OF PORTOLA - OVERPAYMENT RETURN
0235 SUSAN SCARLETT
I-AUGUST 2026 FINANCE OFFICER CONSULTING R 8/26/2026 048477 100 113-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 1,100.00 207 315-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 495.00 208 317-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 495.00 710 311-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 1,430.00 720 311-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 1,430.00 730 311-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 550.00 5,500.00 FINANCE OFFICER - AUGUST 2026
1 TEAGAN GREENWOOD
I-202608174602 TEAGAN GREENWOOD: R 8/26/2026 048478
100 411-405.10 RECREATION FEES-SWIM LESSONS TEAGAN GREENWOOD: 180.00 180.00 SESSION 3 SWIM LESSONS CANCELLED FOR
WALKER GREENWOOD & WAYLAN GREENWOOD
0240 THOMAS G. VALENTINO ; TGV SO
I-2075 SOLID WASTE CONSULTING R 8/26/2026 048479
730 311-600.80 POST-CLOSURE CARE COSTS SOLID WASTE CONSULTI 1,755.00 730 311-600.18 PROFESSIONAL SERVICES SOLID WASTE CONSULTI 450.00 2,205.00 INVOICE #2075
0246 TYLER TECHNOLOGIES, INC
I-CI100-00285725 INCODE ANNUAL FEES & TRAINING R 8/26/2026 048480 100 113-600.47 TECHNICAL SUPPORT INCODE ANNUAL FEES 6,002.38 710 311-600.47 TECHNICAL SUPPORT INCODE ANNUAL FEES 11,404.53 720 311-600.47 TECHNICAL SUPPORT INCODE ANNUAL FEES 8,403.33 730 311-600.47 Tech Support - Incode INCODE ANNUAL FEES 4,201.67 710 311-600.32 TRAINING AND EDUCATION TRAINING - ACCOUNTIN 160.00 720 311-600.32 TRAINING AND EDUCATION TRAINING - ACCOUNTIN 160.00 30,331.91 INVOICE #CI100-00285725
INVOICE #025-563046
000122 WESTERN ENVIRONMENTAL TESTING
I-202608184606 LAB TESTING R 8/26/2026 048481
710 311-600.51 TESTING LAB TESTING 268.75
720 311-600.51 TESTING LAB TESTING 738.00 1,006.75
INVOICE #26070812; #26080126; #26080124; #26080128
#26071025
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 6
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 0264 WESTERN NEVADA SUPPLY
I-12393921 PUBLIC WORKS MATERIALS R 8/26/2026 048482
710 311-600.76 LINE REPAIR PUBLIC WORKS MATERIA 1,536.65 1,536.65 INVOICE #12393921
* * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 35 77,896.31 0.00 77,896.31
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00 0.00
TOTAL ERRORS: 0
** G/L ACCOUNT TOTALS **
G/L ACCOUNT NAME AMOUNT
---------------------------------------------------------------------- 100 000-407.01 SCORE REFUND 13,923.51
100 111-510.01 PERSONNEL COSTS 21.48
100 111-600.02 POSTAGE 344.05
100 111-600.05 TELEPHONE 21.80
100 111-600.18 PROFESSIONAL SERVICES 200.00
100 111-600.22 CODE REFERENCE UPDATE 330.75
100 113-510.01 PERSONNEL COSTS 11.37
100 113-600.02 POSTAGE 344.05
100 113-600.05 TELEPHONE 10.90
100 113-600.10 ACCOUNTING FEES 1,100.00
100 113-600.47 TECHNICAL SUPPORT 6,002.38
100 114-510.01 PERSONNEL COSTS 2.53
100 114-600.06 MATERIALS AND SUPPLIES 9.00
100 311-510.01 PERSONNEL COSTS 6.32
100 411-405.10 RECREATION FEES-SWIM LESSONS 936.00
100 411-600.04 GAS AND ELECTRIC 102.49
100 411-600.06 MATERIALS AND SUPPLIES 256.66
100 413-600.05 TELEPHONE 109.00
100 414-600.06 MATERIALS AND SUPPLIES 503.34
*** FUND TOTAL *** 24,235.63
207 315-510.01 PERSONNEL COSTS 7.58
207 315-600.10 ACCOUNTING FEES 495.00
*** FUND TOTAL *** 502.58
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 7
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
** G/L ACCOUNT TOTALS **
G/L ACCOUNT NAME AMOUNT
---------------------------------------------------------------------- 208 317-510.01 PERSONNEL COSTS 7.58
208 317-600.10 ACCOUNTING FEES 495.00
*** FUND TOTAL *** 502.58
710 000-107.00 UTILITY RECEIVABLE 62.87
710 311-510.01 PERSONNEL COSTS 40.44
710 311-600.02 POSTAGE 344.05
710 311-600.05 TELEPHONE 87.20
710 311-600.06 MATERIALS AND SUPPLIES 667.18
710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE 683.73
710 311-600.10 ACCOUNTING FEES 1,430.00
710 311-600.18 PROFESSIONAL SERVICES 4,568.85
710 311-600.22 CODE REFERENCE UPDATE 330.75
710 311-600.31 DUES/MEMBERSHIPS 1,042.00
710 311-600.32 TRAINING AND EDUCATION 160.00
710 311-600.47 TECHNICAL SUPPORT 11,404.53
710 311-600.51 TESTING 268.75
710 311-600.76 LINE REPAIR 5,302.64
710 325-600.05 TELEPHONE 109.00
710 325-600.06 MATERIALS AND SUPPLIES 256.66
710 325-601.14 CLEANING CHEMICALS DISPOSAL 1,400.00
*** FUND TOTAL *** 28,158.65
720 311-510.01 PERSONNEL COSTS 24.01
720 311-600.02 POSTAGE 344.05
720 311-600.04 GAS AND ELECTRIC 1,301.61
720 311-600.05 TELEPHONE 87.20
720 311-600.06 MATERIALS AND SUPPLIES 493.31
720 311-600.07 EQUIPMENT REPAIR/MAINTENANCE 559.19
720 311-600.10 ACCOUNTING FEES 1,430.00
720 311-600.18 PROFESSIONAL SERVICES 200.00
720 311-600.22 CODE REFERENCE UPDATE 330.75
720 311-600.32 TRAINING AND EDUCATION 160.00
720 311-600.47 TECHNICAL SUPPORT 8,403.33
720 311-600.51 TESTING 738.00
*** FUND TOTAL *** 14,071.45
730 311-510.01 PERSONNEL COSTS 5.05
730 311-600.02 POSTAGE 344.05
730 311-600.05 TELEPHONE 10.90
730 311-600.10 ACCOUNTING FEES 550.00
730 311-600.18 PROFESSIONAL SERVICES 3,558.75
730 311-600.47 Tech Support - Incode 4,201.67
730 311-600.80 POST-CLOSURE CARE COSTS 1,755.00
*** FUND TOTAL *** 10,425.42
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 8
VENDOR SET: 01 City of Portola
BANK: PC POOLED CASH - PLUMAS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: PC TOTALS: 35 77,896.31 0.00 77,896.31 BANK: PC TOTALS: 35 77,896.31 0.00 77,896.31
REPORT TOTALS: 35 77,896.31 0.00 77,896.31
8/19/2026 12:11 PM A/P HISTORY CHECK REPORT PAGE: 9
SELECTION CRITERIA
------------------------------------------------------------------------------------------------------------------------------------ VENDOR SET: 01-CITY OF PORTOLA
VENDOR: ALL
BANK CODES: All
FUNDS: All
------------------------------------------------------------------------------------------------------------------------------------
CHECK SELECTION
CHECK RANGE: 048448 THRU 048482
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK AMOUNT RANGE: 0.00 THRU 999,999,999.99
INCLUDE ALL VOIDS: YES
------------------------------------------------------------------------------------------------------------------------------------
PRINT OPTIONS
SEQUENCE: CHECK NUMBER
PRINT TRANSACTIONS: YES
PRINT G/L: YES
UNPOSTED ONLY: NO
EXCLUDE UNPOSTED: NO
MANUAL ONLY: NO
STUB COMMENTS: YES
REPORT FOOTER: NO
CHECK STATUS: NO
PRINT STATUS: * - All
------------------------------------------------------------------------------------------------------------------------------------
1 City of Portola
MINUTES
Regular Meeting
Wednesday, August 12, 2026 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
https://zoom.us/j/3583067836
1. Call to Order
The meeting was called to order at 6:00 pm by Mayor Bill Powers.
After the roll call and pledge of allegiance, pursuant to Gov Code 54954.2(b)(2), City Attorney Steve Gross asked the Council to amend the agenda to consider an item that requires immediate action and came to the attention of the City after the agenda was posted. The urgency agenda item pertains to the November 3, 2026 General Election. To meet election calendar deadlines, the City Elections Official will present the Certificate of the City Elections Official, pursuant to California Elections Code section 10229, as agenda item No. 8, making adjournment No. 9 on the agenda.
Councilmember Murphy moved that the item described by Attorney Steve Gross be added to the agenda, under an urgency item, to consider the City Elections Official's certificate as Agenda item No. 8. Mayor Pro Tem Battaglia seconded. The motion passed unanimously.
1. Roll Call
Present: Mayor Bill Powers, Mayor Pro Tem Mikki Battaglia, Councilmember Jim Murphy, Councilmember Lauren Miller, Councilmember Stephan Mangum Staff Present: City Manager Ryan Bonk, Finance Officer Susan Scarlett, Administrative Services Manager Kristen Schiavone, City Attorney Steve Gross (Zoom)
2. Pledge of Allegiance
Led by Mayor Bill Powers
2. Public Comments
Public commented.
3. City Communications
1. City Council Communications
Councilmember Mangum had nothing to report.
Councilmember Murphy attended the Music in the Park concert last week. It was a wellattended community event. He also attended the Local Agency Formation Commission (LAFCo)
2 meeting held at the Portola City Council chambers on August 10th, 2026.
Councilmember Miller stated she would provide her report later in the meeting.
Mayor Pro Tem Battaglia reported:
The Portola Firewise Council would be participating in the Wildfire Preparedness Fair this Saturday, August 15th, at The Church of Jesus Christ of Latter-day Saints in Portola. The event starts at 11 a.m., and there will be a free community BBQ.
On August 19th, Lori Pini with the California Governor’s Office of Emergency Services (Cal OES) will present to the Portola Firewise Council on evacuation preparedness.
Mayor Powers reported:
He attended the LAFCo meeting on August 10th.
The Rummy Band will be performing at the Music in the Park event this Friday at the Portola City Park.
Plumas County Transportation Commission will be meeting next Monday, August 17th, where they will discuss the speed limit signage on West Street near C Roy Carmichael Elementary School.
A Pro-Am Disc Golf Tournament fundraiser with Portola High School (PHS) students is being planned for sometime in October, 2026.
The City of Portola will participate in the upcoming Portola Firewise community event on Saturday, August 15, 2026.
2. Reports: Beckwourth Peak Fire Protection District / Plumas County Sheriff / Northern Sierra Air Quality
Beckwourth Fire Protection District - No report.
Plumas County Sheriff - No report.
Northern Sierra Air Quality - Mayor Pro Tem Battaglia reported that the wood-burning curtailment season goes into effect next month. She also said a seasonal part-time enforcement officer is being hired to help enforce wood-burning curtailment rules.
3. Staff Communications
No report.
4. City Manager Report
City Manager Bonk reported the monitoring equipment has triggered no alarms on Gulling Street Bridge. He also reported that we are still awaiting the final inspection from Caltrans, and there are no updates on the Structural rehabilitation Funding application.
He provided an overview of the joint Town Hall meeting he participated in with Plumas County Supervisor Dwight Ceresola on July 29th. He stated that 15 members of the public attended the meeting and that the feedback was overall very positive.
He mentioned upcoming events, including the 2026 Wildfire Preparedness Day and the Portola Roadshow event this weekend.
3 He reported on Public Works as follows:
Since the last council meeting, eleven water leaks have occurred throughout the City, and Public Works staff have repaired eight of them and are repairing the remaining leaks. He also stated that, where possible, Public Works is replacing the laterals to maintain the system's viability.
He provided an update on the grant-funded River Walk Yoga and Meditation Garden project.
Concrete has been poured and stamped, and landscaping work will begin next week. Signage will go up over the next few weeks. He stated that community feedback has been positive.
The City sent out the 2025 Consumer Confidence Report with last month's utility billing statements and was posted on the City’s website.
He provided an administrative staff report as follows:
Finance Officer Susan Scarlett is working to close out the Fiscal Year 2025-2026. Staff is preparing for the 2025-2026 Financial Audit.
Staff is in the beginning stages of a Utility Billing Audit, which could take up to 6 months to complete. The audit will begin with a review of finaled accounts.
The Code Enforcement Policy and Procedures Manual is in final staff review and will be presented to the Council for review at a future date.
Lastly, he reported that the League of California Cities informed him of a legislative policy that would limit public agency recovery from utility-caused wildfires and, if passed, would limit damage claims on public property and infrastructure. He was asked to provide feedback and potentially co-sign a letter with other cities to oppose this legislative policy. He responded to the League of California Cities with the City’s logo and support. He said he would send information to Council on how to submit individual opposition letters to the state regarding the policy.
Councilmember Murphy inquired about the City Pool. City Manager Bonk explained that today, around 2 pm, the pool pump failed and could not be repaired, and the pool was closed for the season. The pump will be replaced ahead of the season next year.
4. Consent Agenda
1. Claims:
Adopt Resolution No. 2666. The resolution authorizes payment of payroll from July 11th, 2026 through July 24th, 2026 and accounts payable from July 23rd, 2026 through August 12th, 2026 The amount of payroll to be paid is $47,019.49
The amount of accounts payable to be paid is $133,510.56 The total amount to be paid is $180,530.05
2. Minutes
Adopt the minutes of the July 22nd, 2026 Regular City Council Meeting.
Councilmember Jim Murphy motioned to approve. Mayor Pro Tem Mikki Battaglia seconded the motion.
The roll call vote:
Aye Mayor Bill Powers Aye Mayor Pro Tem Mikki Battaglia Aye Councilmember Jim
4 Murphy Aye Councilmember Lauren Miller Aye Councilmember Stephan Mangum
5. 7th Cycle Housing Element Public Hearing, Adoption, and Resolution 2665 City Planning Consultant Karen Downs, with RVi Planning & Landscape Architecture, presented staff with an overview of the state-approved and posted 7th Cycle Housing Element Update. Karen Downs and City Manager Bonk answered Council’s questions. Council adopted Resolution No. 2665 by roll call vote.
Mayor Pro Tem Mikki Battaglia motioned to approve. Councilmember Stephan Mangum seconded the motion.
The roll call vote:
Aye Mayor Bill Powers Aye Mayor Pro Tem Mikki Battaglia Aye Councilmember Jim Murphy Aye Councilmember Lauren Miller Aye Councilmember Stephan Mangum
6. Ordinance No. 364: Repealing Ordinance No. 284 and Amending the City's Conflict of Interest Code (Introduction and First Reading)
Council voted in favor to repeal Ordinance No. 284 and adopt Ordinance No. 364, first reading and waiving the second reading, which allows Council to amend, repeal and replace the City's Conflict of Interest Code via resolution going forward.
The Ordinance will be brought before Council for final consideration at a future meeting.
Councilmember Jim Murphy motioned to approve. Councilmember Lauren Miller seconded the motion.
The motion passed with the following vote:
5 In Favor Opposed
Abstained Absent Recused
7. Ad Hoc Committee: Potential Portola Community Forest Project Exploration Councilmember Miller provided an update on exploration of the proposed Portola Community Forest. The Ad Hoc committee continues discussions with the Feather River Land Trust and the owners of the 580 acres of land. The committee’s goal is to map out the donation process, identify benefits and risks and gather community feedback by holding public informational workshops. The first workshop is tentatively scheduled for September 8th, 2026, at the Portola Library from 6 pm to 8 pm.
The public commented on the Portola Community Forest project.
8. Certificate of the City Elections Official
Pursuant to Elections Code 10229, the City Elections Official presented the Certificate of the City Elections Official to the Council.
City Attorney Steve Gross provided an overview and timeline of the nomination process and results stating that the deadline for incumbents to submit nomination papers was last Friday, August 7th at 5:00 pm. By that deadline, two council members had filed nomination papers for the two four-year seats, and one council member had filed for the two-year term. The nomination papers for the twoPage 17 5 year term did not have sufficient qualified signatures, and the County Clerk Election Official rejected the nomination, reopening the nomination period for anyone other than the incumbent to file nomination paperwork for five days. The extension ended on August 12, 2026, at 5 pm and the City did not receive any nomination papers before the extended deadline. The Council can fill this seat through appointment or by holding the General Election in November.
Council directed staff to open the application window for applicants to the two-year City Council Seat. The application window is to be published on the City's website and social media platforms.
The application window will close on 8/17/2026 at 12:00 pm, and a special meeting will be held on August 18th at 5 pm to consider the following actions.
(a) Appoint to the office of the 4-year seats persons having been nominated (Elec. Code § 10229(a)(1));
(b) Appoint to the office of the 2-year seat any eligible elector, no person having been nominated (Elec. Code § 10229(a)(2));
(c) Hold the election (Elec. Code § 10229(a)(3)).
9. Adjournment
The regular meeting of the Portola City Council adjourned at 7:23pm.
1 Ordinance No. 364
ORDINANCE NO. 364
AN ORDINANCE OF THE CITY OF PORTOLA, COUNTY OF PLUMAS, REPEALING ORDINANCE 284 AND AMENDING THE
CONFLICT OF INTEREST CODE FOR THE CITY
WHEREAS, under the Political Reform Act (Government Code Sections 81000, et seq.) "No public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest" (Government Code §87100); WHEREAS, the Political Reform Act requires every public official to disclose all his or her economic interests that could foreseeably be affected by the exercise of the official’s duties (Government Code §§87200-87313);
WHEREAS, the Political Reform Act requires every agency, including the City of Portola, to adopt and promulgate a Conflict of Interest Code (Government Code §87300); WHEREAS, a Conflict of Interest Code is a document which (1) designates the positions with an agency which make or participate in making governmental decisions which may foreseeably have a material effect on any financial interest and (2) sets out in paragraphs called disclosure categories the specific types of investments, business positions, interests in real property, and sources of income which must be reported by the designated positions; WHEREAS, a conflict of interest code adopted under the Political Reform Act consists of two basic parts: (1) the body of the code that contains basic provisions required by Government Code section 87302 (such as manner of reporting financial interests, the procedure for filing statements of economic interests, and the method to be used by designated positions when they are required to disqualify themselves from participating in decisions) and (2) the appendix of the code that lists the designated positions within an agency and the corresponding disclosure categories for each position;
WHEREAS, the Fair Political Practices Commission Regulation set forth in 2 Cal. Code of Regs., §18730 (a current copy of which is attached) contains provisions for the body of a Conflict of Interest Code and can be adopted by reference in a Conflict of Interest Code as the body of such a code, meaning that any changes to the required provisions of a Conflict of Interest Code will automatically be a part of the code;
WHEREAS, the City of Portola has adopted a conflict of interest code by its Resolution No. 1435, dated September 16, 1996,
WHEREAS, the City of Portola has adopted a conflict of interest code by Ordinance 284, dated November 8, 2000, and which rescinded in its entirety Resolution No. 1435; WHEREAS, the City Council desires to repeal Ordinance 284, dated November 8, 2000 and in its place adopt Ordinance 364;
WHEREAS, the City Council desires to approve, amend, and repeal conflict of interest codes in the future by resolution;
WHEREAS, the Political Reform Act requires the City of Portola to review its conflict of interest code biennially (on even numbered years) to determine if it is accurate, or, alternatively, that the code must be amended, and once the determination has been made, a notice must be submitted to the City Council of the City of Portola, the code reviewing body for City of Portola agencies;
WHEREAS, the City Clerk of the City of Portola has surveyed each department of the City of Portola concerning its conflict of interest code, submits this notice on behalf of each such agency, and gives notice that amendments to the conflict of interest code of the City of Portola are required and are incorporated into the Conflict of Interest Code for the City of Portola, as amended, attached hereto and incorporated herein by reference;
2 Ordinance No. 364
WHEREAS, such amendments are in the nature of adhering to the format of a Conflict of Interest Code recommended by the California Fair Political Practices Commission, including following the recommended language incorporating 2 Cal. Code of Regs. §18730 in the body of the Conflict of Interest Code and adding the Appendix, which contains definitions of “designated employees” and “consultants,” a list of designated positions required to file a Statement of Economic Interest, and disclosure category definitions; NOW, THE CITY COUNCIL OF THE CITY OF PORTOLA DOES HEREBY ORDAIN:
1. The Conflict of Interest Code adopted by Ordinance 284 of the City Council of the City of Portola, dated November 8, 2000, is hereby repealed in its entirety;
2. The attached Conflict of Interest Code for the City of Portola, including the Appendix attached thereto, is adopted as the City of Portola’s Conflict of Interest Code as required by the Political Reform Act, and is to be published in the Municipal Code of the City of Portola.
3. The City Council may approve, amend, and repeal conflict of interest codes in the future by resolution.
This Ordinance was introduced and read at a Regular Meeting of the City Council of the City of Portola duly held on the 12th day of August 2026 and was finally passed and adopted at Regular Meeting of the City Council of the City of Portola duly held on the 26th day of August 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
William Powers, Mayor
ATTEST:
__________________________________
Kristen Schiavone, Deputy City Clerk
I, Kristen Schiavone, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Ordinance was duly passed and adopted by the City Council of the City of Portola at a regular meeting thereof held on August 26th, 2026. ____________________________________
Kristen Schiavone, Deputy City Clerk
3 Ordinance No. 364
CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs., Section 18730) which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s code.
After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Portola.
Designated positions shall file their statements of economic interests with the City of Portola, which will make the statements available for public inspection and reproduction. (Gov.
Code Section 81008). Statements for all designated employees will be retained by the City of Portola. City Councilmembers, City Manager, City Attorney, and Finance Officer shall file directly with the Fair Political Practices Commission. All other designated positions shall file with the City Clerk who is hereby designated as the filing officer for the City of Portola's Conflict of Interest Code.
4 Ordinance No. 364
APPENDIX
Designated Positions: Those positions within the City of Portola the occupants of which may exercise independent judgment and make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest.
Consultant: Individual who, pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(1) Approve a rate, rule or regulation;
(2) Adopt or enforce a law;
(3) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (6) Grant agency approval to a plan, design, report, study, or similar item; (7) Adopt, or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code.
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager or the City Manager’s designee may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager or the City Manager’s designee’s determination is a public record and shall be retained for public record and made available for public inspection in the same manner and location as this Conflict of Interest Code.
The following is a listing of the designated positions that are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended:
Designated Positions
Position Disclosure Category
Administrative Services Manager 1, 2
Building Inspector 1, 2
City Attorney § 87200 Filer
City Councilmembers § 87200 Filer
City Engineer 1, 2
City Manager § 87200 Filer
Director of Public Works 1, 2, 3
Finance Officer § 87200 Filer
Any other management employee or consultant who, as determined by the City Manager or the City Manager’s designee, as part of their duties, makes or participates in making governmental decisions that may foreseeably have a material effect on a financial interest shall file a disclosure statement pursuant to the appropriate category.
5 Ordinance No. 364
Disclosure Categories
§ 87200 Filer Disclosure requirements specified in Government Code Section 87200 1 Persons in this category shall disclose all interests in real property within or not more than two miles outside the boundaries of the City of Portola or within two miles of any land owned or used by the City of Portola.
2 Persons in this category shall disclose all investments and business positions in any business entity and sources of income of the type which, within the last two years, has contracted with the City to provide services, supplies, materials, machinery or equipment to the City.
3 Persons in this category shall disclose all investment and business positions in any business entity and sources of income of the type which, within the last two years, has contracted with the City to provide services, supplies, materials, machinery or equipment to the City department of which designated position incumbent has any management responsibility.
1 MEETING DATE: August 26, 2026
AGENDA ITEM: 6. Resolution 2667: Code Enforcement Policies & Procedures Manual FROM: Ryan Bonk
RE: Resolution 2667: Code Enforcement Policies & Procedures Manual BACKGROUND:
Over the course of the last year, staff and the Senior Code Enforcement consultant have been developing a Code Enforcement Policies and Procedures Manual.
Before the Council this evening is Resolution 2667, which adopts the Code Enforcement Policies and Procedures Manual. The attached Manual has been reviewed by the consultant, staff, and the City Attorney.
EXECUTIVE SUMMARY:
The City currently enforces provisions of the Municipal Code governing land use, building, housing, property maintenance, public nuisances, abandoned vehicles, and weed abatement, but has not adopted a single, Council-approved Manual on how that enforcement is to be carried out. Guidance has accumulated over time through individual directives, past practice & best practices, and instruction. The manual consolidates this guidance into one reviewed document addressing case identification and prioritization, chain of command, officer training and certification, case management and records, inspections, consent and expectation of privacy, documentation, notices and citations, hearings, officer safety, and protection of confidential information.
Adoption serves three purposes:
1. Consistency and Fairness: Documented procedures ensure that similarly situated property owners are treated the same way, regardless of which staff member handles the case, and reinforce the City's primary objective of achieving voluntary compliance rather than punitive enforcement.
2. Risk Reduction: Code enforcement involves entry onto private property, contact with residents, and the issuance of citations, which are all areas where procedural error creates liability and challenges to enforcement actions. Written, legally reviewed procedures that respect constitutional protections reduce that exposure.
3. Operational Continuity: As a small organization, the City is vulnerable to loss of institutional knowledge when staff turns over. A written manual allows a new officer to be onboarded to
2 established practice rather than rebuilding it.
The resolution also supersedes all prior code enforcement policies, procedures, directives, and instructions applicable to the position, eliminating ambiguity about which guidance controls. It expressly preserves the Municipal Code, the City's Personnel Policy and employment terms, citywide administrative policies, and state and federal law, each of which continues to take precedence over the Manual. The Manual supplements the Municipal Code and does not amend it.
The resolution authorizes the City Manager to administer and update the Manual as law and practice change, with substantive policy changes returning to Council.
FISCAL IMPACT:
There is no financial impact to the adoption of Resolution 2667.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2667.
ATTACHMENTS:
A. RESOLUTION 2667 CODE ENFORCEMENT POLICIES AND PROCEDURES MANUAL FINAL
Resolution No. 2667 August 26th, 2026
RESOLUTION NO. 2667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
ADOPTING THE CITY OF PORTOLA CODE ENFORCEMENT POLICIES
AND PROCEDURES MANUAL AND SUPERSEDING ALL PRIOR CODE
ENFORCEMENT POLICIES, PROCEDURES, MANUALS, AND DIRECTIVES WHEREAS, the City of Portola (the "City") is a general law city duly organized and existing under the Constitution and laws of the State of California; and, WHEREAS, the City of Portola Municipal Code ("PMC") establishes standards governing land use, building, housing, property maintenance, public nuisances, abandoned vehicles, weed abatement, and related matters, and provides for the enforcement of those standards; and,
WHEREAS, the City maintains a Code Enforcement Division within the Office of the City Manager, staffed by the Public Engagement Officer and such other personnel as the City Manager may assign, for the purpose of obtaining correction of violations of the PMC and state law; and,
WHEREAS, the City Council finds that clearly documented, uniformly applied policies and procedures promote the fair and consistent enforcement of the Code, protect the constitutional rights of members of the public, reduce liability exposure to the City, and support the City’s primary objective of achieving voluntary compliance; and, WHEREAS, City staff has prepared a comprehensive Code Enforcement Policies and Procedures Manual (the "Manual" or "CEPPM"), attached hereto and incorporated herein by this reference as Exhibit A; and,
WHEREAS, the Manual has been reviewed by the City Attorney and, upon adoption by the City Council, is intended to serve as the official statement of the policies and procedures of the City with respect to code enforcement; and,
WHEREAS, the Manual supplements the PMC, and in the event of any conflict between the Manual and the PMC, the PMC is intended to control; and, WHEREAS, the City Council desires that the Manual constitute the single, comprehensive, and controlling statement of code enforcement policy and procedure for the City, and that all prior policies, procedures, manuals, instructions, and directives applicable to code enforcement positions and functions be superseded and replaced in their entirety.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Portola as follows:
Section 1. Recitals. The City Council finds that the recitals set forth above are true and correct and are incorporated herein by this reference as though fully set forth.
Section 2. Adoption of Manual. The City of Portola Code Enforcement Policies and Procedures Manual, attached hereto as Exhibit A and incorporated herein by this reference, is hereby adopted as the official policies and procedures of the City of Portola governing code enforcement activities.
Section 3. Supersession of Prior Policies. Except as expressly provided in Section 4 of this Resolution, all prior policies, procedures, manuals, guidelines, standard operating procedures, and established past practices of the City, whether written or unwritten, and whether previously adopted by resolution, minute order, administrative action, or otherwise, that govern, direct, or otherwise apply to the duties, conduct, procedures, or performance of employees in the Code Enforcement Division, or any other City position or personnel performing code enforcement functions, are hereby superseded, rescinded, and replaced in their entirety by the Manual, and shall be of no further force or effect as of the effective date of this Resolution. Any resolution or portion of any resolution in conflict with this Resolution is hereby repealed to the extent of such conflict.
Resolution No. 2667 August 26th, 2026
Section 4. Matters Not Superseded. Nothing in this Resolution supersedes, amends, or otherwise affects: (a) the City of Portola Municipal Code or any ordinance of the City; (b) the City of Portola Personnel Policy, any personnel rule, or any memorandum of understanding, employment agreement, or other terms and conditions of employment applicable to City employees; (c) any City policy of general applicability that is not specific to code enforcement, including but not limited to records retention, public records, purchasing, information technology, vehicle use, and risk management policies; or (d) any requirement imposed by federal or state law, or by court order. In the event of a conflict between the Manual and any of the foregoing, the foregoing shall control, and the Manual shall be applied and interpreted so as to be consistent therewith.
Section 5. Administration and Future Amendments. The City Manager is hereby authorized and directed to implement and administer the Manual, and to supplement, update, or amend the Manual from time to time as necessary to reflect changes in law, City practice, or operational need, provided that no such supplement, update, or amendment shall conflict with the PMC, this Resolution, or any policy or direction of the City Council.
The City Manager will notify the City Council of any nonsubstantive changes made.
Substantive amendments materially altering the policy direction established by the Manual shall be presented to the City Council for consideration and adoption.
Section 6. No Mandatory Duty; No Third-Party Rights. The Manual is adopted for the internal guidance and administration of the City. Nothing in this Resolution or the Manual is intended to create, nor shall it be construed as creating, a mandatory duty within the meaning of Government Code section 815.6, a right or benefit enforceable by any third party, or a limitation on the discretion of the City, the City Council, the City Manager, or City staff in the enforcement of the Code. Nothing herein waives any immunity or defense otherwise available to the City or its officers, employees, or agents under law.
Section 7. Severability. If any provision of this Resolution or of the Manual, or the application thereof to any person or circumstance, is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions or applications, which shall remain in full force and effect. The City Council hereby declares that it would have adopted this Resolution and the Manual, and each provision thereof, irrespective of the invalidity of any other provision.
Section 8. Effective Date; Certification. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 26th day of August 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William Powers, Mayor
ATTEST:
_______________________________
Kristen Schiavone, Deputy City Clerk
I, Kristen Schiavone, 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 August 26th, 2026.
________________________________
Kristen Schiavone, Deputy City Clerk
Document Name Code Enforcement Policies and Procedures Manual Document Number P-004 Revision Letter A
Document Location SharePoint Revision Date 08/05/2026
Document Type Policy &
Procedure
Council Adoption Date 08/26/2026
Resolution No. 2667
Page
1 | 32
City of Portola
Code Enforcement Policies & Procedures Manual
Table of Contents
1. MISSION STATEMENT...................................................................................................................... 4
2. POLICY DESCRIPTION & OVERVIEW ................................................................................................ 4
2.1 PURPOSE: ......................................................................................................................................... 4
2.2 OVERALL PHILOSOPHY: ........................................................................................................................ 4
3. IDENTIFYING AND PRIORITIZING CODE CASES ................................................................................ 5
3.1 PURPOSE: ......................................................................................................................................... 5
3.2 POLICY AND PROCEDURES: ................................................................................................................... 5
4. CHAIN OF COMMAND ..................................................................................................................... 6
4.1 PURPOSE: ......................................................................................................................................... 6
4.2 POLICY AND PROCEDURES: ................................................................................................................... 6
5. TRAINING ....................................................................................................................................... 6
5.1 PURPOSE: ......................................................................................................................................... 6
5.2 POLICY AND PROCEDURES: ................................................................................................................... 6
6. CASE MANAGEMENT....................................................................................................................... 7
6.1 PURPOSE: ......................................................................................................................................... 7
6.2 POLICY AND PROCEDURES: ................................................................................................................... 7
6.3 PERFORMANCE MEASURES.................................................................................................................... 7
6.3.1 Purpose: ................................................................................................................................. 7
6.3.2 Policy and Procedures: ............................................................................................................ 7
6.4 RECORDS ORGANIZATION AND ELECTRONIC FILE NAMING ............................................................................ 8
6.4.1 Purpose: ................................................................................................................................. 8
6.4.2 Policy and Procedures: ............................................................................................................ 9
6.5CITIZEN, OTHER AGENCIES, AND STAFF COMPLAINTS................................................................................. 10
6.5.1 Purpose: ............................................................................................................................... 10
6.5.2 Policy and Procedures: .......................................................................................................... 11
6.6 INITIAL STEPS, INVESTIGATION, AND PRELIMINARY EFFORTS TO OBTAIN VOLUNTARY COMPLIANCE OF VIOLATIONS..... 11
6.6.1 Purpose: ............................................................................................................................... 11
6.6.2 Policy and Procedures: .......................................................................................................... 12
6.7 REQUESTS FOR EXTENSION OF TIME....................................................................................................... 13
6.7.1 Purpose: ............................................................................................................................... 13
6.7.2 Policy and Procedures: .......................................................................................................... 13
6.8 SCOPE OF INSPECTION AND EXPECTATION OF PRIVACY............................................................................... 13
6.8.1 Purpose: ............................................................................................................................... 13 Exhibit A
Document Name Code Enforcement Policies and Procedures Manual Document Number P-004 Revision Letter A
Document Location SharePoint Revision Date 08/05/2026
Document Type Policy &
Procedure
Council Adoption Date 08/26/2026
Resolution No. 2667
Page
2 | 32
6.8.2 Policy and Procedures: .......................................................................................................... 13
6.9CONSENT ....................................................................................................................................... 14
6.9.1 Purpose: ............................................................................................................................... 14
6.9.2 Policy and Procedures: .......................................................................................................... 14
6.9.3 Juveniles ............................................................................................................................... 15
6.10DOCUMENTATION ........................................................................................................................... 16
6.10.1 Purpose:.............................................................................................................................. 16
6.10.2 Policy and Procedures:......................................................................................................... 16
6.10.3 Photographs ........................................................................................................................ 16
6.10.3.1 Purpose: ...........................................................................................................................................16
6.10.3.2 Policy and Procedures:......................................................................................................................16
6.11 NOTIFICATION OF ALL INTERESTED PARTIES............................................................................................ 17
6.11.1 Purpose:.............................................................................................................................. 17
6.11.2 Policy and Procedures:......................................................................................................... 17
6.12 REPORTING PARTY FOLLOW-UP.......................................................................................................... 18
6.12.1 Purpose:.............................................................................................................................. 18
6.12.2 Policy and Procedures:......................................................................................................... 18
7. ENFORCEMENT STEPS IF EFFORTS TO ACHIEVE VOLUNARY COMPLIANCE ARE NOT EFFECTIVE.......18
7.1 PURPOSE:....................................................................................................................................... 18
7.2 OVERVIEW OF NOTICES,CITATIONS AND HEARINGS................................................................................... 18
7.3 PROCEDURES REGARDING ISSUANCE OF NOTICE AND CITATIONS.................................................................. 19
7.3.1 Purpose: ............................................................................................................................... 19
7.3.2 Issuance and Contents of Citations ........................................................................................ 19
7.3.3 Consequences of Failing to Comply with Citation .................................................................... 19
7.3.4 Re-inspections Following Issuance of Citations ....................................................................... 19
7.3.5 Steps to be Taken Once Compliance Has Been Achieved......................................................... 19
7.3.6 Issuance of Additional Penalties if the Violation is Ongoing or Repeats...................................... 20
8. PUBLIC NUISANCES - PMC CHAPTER 8.20......................................................................................20
8.1 PURPOSE:....................................................................................................................................... 20
8.2 POLICY AND PROCEDURES: ................................................................................................................. 20
8.3 PUBLIC NUISANCE ABATEMENT PROCEDURE............................................................................................ 21
8.3.1 Purpose: ............................................................................................................................... 21
8.3.2 Policy and Procedures: .......................................................................................................... 21
8.4 ISSUANCE AND CONTENTS OF A STAFF REPORT......................................................................................... 21
8.4.1 Policy and Procedures: .......................................................................................................... 21
9. ABATEMENT COST RECOVERY.......................................................................................................22
9.1 PURPOSE:....................................................................................................................................... 22
9.2 POLICY AND PROCEDURES: ................................................................................................................. 22
10. OFFICER SAFETY AND PERSONAL AND SAFETY PROTECTIVE EQUIPMENT .....................................22
10.1 PURPOSE:..................................................................................................................................... 22
10.2 POLICY AND PROCEDURES: ............................................................................................................... 23
10.3 OUTLINING OFFICER SAFETY GUIDING PRINCIPLES .................................................................................. 23
10.3.1 Purpose:.............................................................................................................................. 23
10.3.2 Policy and Procedures:......................................................................................................... 23
10.4 PROVISIONS OF PERSONAL PROTECTIVE AND SAFETY EQUIPMENT (PPE AND PSE)........................................... 26
10.4.1 Purpose............................................................................................................................... 26
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10.4.2 Policy and Procedures.......................................................................................................... 26
10.5 BODY-WORN CAMERA PROCEDURE .................................................................................................... 27
10.5.1 Purpose............................................................................................................................... 27
10.5.2 Policy .................................................................................................................................. 27
10.5.3 General Orders .................................................................................................................... 27
10.5.4 Employee Responsibility ...................................................................................................... 28
10.5.5 Equipment Replacement...................................................................................................... 29
10.5.6 Activation of the Body-Worn Camera..................................................................................... 29
10.5.7 Restricted Use of the Body-Worn Camera and /or Stored Media.............................................. 30
10.5.8 Supervisor Responsibility ..................................................................................................... 30
10.5.9 Use of Video for Training ....................................................................................................... 30
10.5.10 Body-Worn Camera Recording Duplication.......................................................................... 31
10.5.11 Outside Law Enforcement Agency Requests ........................................................................ 31
10.5.12 Data Management and File Retention.................................................................................. 31
11. CONFIDENTIAL INFORMATION PROTECTION................................................................................31
11.1 PURPOSE...................................................................................................................................... 31
11.2 POLICY AND PROCEDURES ................................................................................................................ 32
12. CONCLUSION.............................................................................................................................32
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1. Mission Statement
It is the mission of the City of Portola’s Code Enforcement Division (“CED” or “Division”), Public Engagement Officer, and Code Enforcement Officer to respectfully address concerns over public life, health and safety due to code violations in the City of Portola (“City”). Our intent is to create a cleaner, safer, happier community through public contact and education.
The goals for the Division are to reduce the occurrences of public nuisances and blight, improving the quality of life, increasing the attractiveness of our small mountain town, and protecting property owners’ investment with the community’s best interest at heart.
2. Policy Description & Overview
Upon careful review and consideration by the City Attorney as well as those charged with drafting and adopting policies regarding Code Enforcement, this manual may be used as the official statement of policy and procedure of the City once adopted by the City Council.
2.1 Purpose:
The purpose of this document is to provide a general overview of the Division within the City of Portola, Office of the City Manager, and the Policies and Procedures which apply to the Division’s efforts to obtain correction of violations City of Portola ordinances and state law (collectively “Code”). This document may be supplemented from time to time with additional policies and procedures as authorized by the City Manager and/or City Council.
2.2 Overall Philosophy:
This Code Enforcement Policies and Procedure Manual (“CEPPM”) shall serve as a tool for Public Engagement Officers and Code Enforcement Officers in performing their normal duties related to the goal of achieving compliance. Additionally, the CEPPM provides guidance to City Planning and Building staff regarding the processing of Code violation cases.
The Division shall use various techniques to achieve compliance with Code relating to building, zoning, housing, weed abatement, abandoned vehicle abatement requirements, health and safety concerns, property maintenance standards, and other land use laws and regulations. The primary goal is to obtain voluntary compliance from property owners or the responsible party. Each case may be unique thus a one-size-fits-all approach is not always effective or appropriate.
Studies have shown that a good enforcement program promotes increased land values, safer neighborhoods, a reduction in crime, and pride in ownership. Education of the public regarding applicable laws can be an effective tool in obtaining immediate
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compliance, and a long- range solution to ongoing nuisances. Efficient code enforcement is best accomplished by direct communication with members of the community through a variety of methods.
Public Engagement/Code Enforcement staff shall maintain ethical standards and strive to be firm, fair, and friendly. The California Association of Code Enforcement Officers (“CACEO”) defines a Code Enforcement Officer’s goal as one that serves the community to safeguard lives and property and to respect the Constitutional rights of all members of the community.
Public Engagement/Code Enforcement Officers strive to achieve various objectives.
They work for the common goals of their profession and employer. They conduct themselves as a model for the community and are accountable and accept professional and personal responsibility. They make decisions free from prejudice, honor the spirit and letter of the law, and safeguard public confidence by conducting themselves in a manner that instills and maintains public trust.
The City is committed to maintaining the quality of life in the City of Portola through obtaining compliance in enforcing regulations and Codes. The Division shall uniformly and fairly enforce Codes and regulations and shall assign high priority to the abatement of violations that may constitute potential threats to public health or safety or that may cause significant environmental damage.
The CEPPM supplements the adopted City of Portola Municipal Code. Where there is a conflict, the City of Portola Municipal Code (PMC) shall take precedence.
3. Identifying and Prioritizing Code Cases
3.1 Purpose:
To provide overall guidelines for prioritizing Code cases. The most efficient method is to obtain voluntary compliance from those property/business owners and residents and those who are responsible who are found to be in violation of City ordinances or state law. In all cases, the Division seeks to accomplish compliance in the least invasive manner possible, protecting the integrity of the City and the property owner.
3.2 Policy and Procedures:
The Division prioritizes the identification and abatement of Code violations affecting the health and safety of City residents, employees, and visitors. The Division also prioritizes the abatement of violations that cause or have the potential to cause
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environmental harm. Nuisances and other violations that do not have an immediate potential for harm to people and/or the environment will be a lower priority.
The Division relies on citizen complaints to help identify violations requiring the attention of Public Engagement Officers/Code Enforcement Officers unless otherwise instructed by the City Manager or City Council. In addition, staff may become aware of violations through direct observation. However, acting without a complaint shall be limited to matters of life or environmental safety.
In the event that the City Council desires implementation of a comprehensive proactive code enforcement program, an appropriate program will be developed by staff to be considered by City Council for adoption.
4. Chain of Command
4.1 Purpose:
To provide clear expectations to Public Engagement Officers/Code Enforcement Officers, City staff, and the public with respect to reporting relationships.
4.2 Policy and Procedures:
Every member of the Division shall follow the established chain of command. The chain of command structure begins with the City Manager as the immediate supervisor, followed successively by the Planning and Building Official. If the City Manager is not available, the Planning and Building Official will be contacted.
5. Training
5.1 Purpose:
To offer proper techniques for dealing with the public to achieve compliance and reduce officer safety and liability concerns.
5.2 Policy and Procedures:
The Division is a customer-oriented team committed to addressing the community’s needs for code compliance.
A key aspect of being a professional Enforcement Officer is the ability to approach any situation with empathy, professionalism, and sound judgment, and to effectively de-escalate situations with the public whether working in the office or out in the field.
Maintaining a professional appearance and conduct fosters respect and builds trust among community members and colleagues alike.
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City Public Engagement Officers/Code Enforcement Officers are required to obtain certification and may be given up to 18 months from their date of hire with the City to earn a State of California approved Code Enforcement Officer Certification. To maintain certification, officers must complete the required continuing education units (“CEUs”) through the California Association of Code Enforcement Officers (“CACEO”) or CACEO-approved colleges and institutions.
6. Case Management
6.1 Purpose:
To ensure quality service, standardize information, and facilitate the preservation of accurate records for all enforcement activities; and to continue operation of a system of Code Enforcement that is both effective and fair.
6.2 Policy and Procedures:
Procedures have been established to provide for consistent collection and factual analysis of information relating to investigations. Detailed records and photographs will be maintained and organized for use by the Division, City, City Attorney, the District Attorney, and Courts. The following is a guideline to assist all staff in the complaint handling process. Changes may occur based on individual cases and circumstances, as reasonably determined. The reason for any change or expedited process shall be documented and described in the file.
6.3 Performance Measures
6.3.1 Purpose:
To have uniform performance measures, log input and timeframe in which Code Enforcement complaints are investigated.
6.3.2 Policy and Procedures:
In order to measure efficiency, the Division has developed performance measures based upon the number of cases opened and resolved and how much time it takes an enforcement officer to perform an initial response from the date the complaint is logged. Further cases can also be created to include other information for internal purposes when necessary. A statistical report is due to the City Manager quarterly or upon request.
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For the initial response indicator, cases are prioritized in the following manner:
Priority General Description Initial Response
Goal
1 Life and safety related complaint (i.e. unsafe structures, substandard conditions, abandoned vehicles with major missing or exposed parts with sharp edges, etc.)
24 Hours
2 Non-life and safety related complaint, but includes violations that may or may not be very visible to the general public and can become a priority 1 case within a short time frame
(public nuisance, dry vegetation, inoperative and/or
abandoned vehicles, etc.)
3 Business Days
3 Non-life and safety-related complaint that is usually not visible to the general public and may need other division’s intervention first (e.g. Building, Zoning, Public Works) 7 Business Days
The Division enters all received reports/complaints into the Excel file titled “1STATS – Case Log, Portola,” which is used to track caseloads. This data is utilized to measure performance and to support evaluation and continuous improvement of the program.
To protect the reporting party's (“RP”) privacy, these initial entries omit all RP - identifying information, including gender, pursuant to Government Code §§ 7922.000 and 7923.615 and other applicable law.
The total number of required entries is automatically calculated at the bottom of the designated columns listed below, providing immediate statistics for the Division and City management.
• # of Cases Opened to Date
• # of Cases Remain OPEN
• CASE PRIORITY 1, 2, or 3
• REFERRED BY or TO (other Agency or Dept)
• ADMIN CITE $100, ADMIN CITE $250, ADMIN CITE $500 or DAILY $50
ADMIN CITE
• # of Cases CLOSED
6.4 Records Organization and Electronic File Naming
6.4.1 Purpose:
To have a standardized method for organizing Code Enforcement electronic computer files.
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6.4.2 Policy and Procedures:
Files are entered in Excel program format and are organized with the following Titles and Totals:
Illustration A:
Description of titles:
• SITE ADDRESS # (address number only or leave blank if no address # is available)
• STREET NAME OR LOCATION (corner street names)
• APN # (Assessor’s Parcel Number)
• DATE CASE OPENED (not date case was reported)
• CASE NUMBER (e.g. CE26-0101)
o CE = Code Enforcement
o 2 digit numbers = current year numbers
o 2 digit numbers = current month numbers
o 2 digit numbers = case number starting with 01 at start of each month Example: CE26-0101 = first Code Enforcement case for
January 1, 2026
• VIOLATION TYPE (refer to violation list titles stored in our CE file folder titled “Lists”)
• VIOLATION SUBTYPE (refer to violation list titles stored in our CE file folder titled “Lists”)
• CASE PRIORITY 1 - Life and safety related complaint
• CASE PRIORITY 2 - Non-life and safety related complaint • CASE PRIORITY 3 - Non-life and safety-related complaint, usually not visible to the general public
• REFERRED BY (other Agency or Department)
SITE
ADD
R #
STREET
NAME
OR
LOCATI
ON
APN
#
DATE
CASE
OPENE
D
CASE NO.
(CE21-XX_
_)
XX=month
#
VIOLATI
ON TYPE
VIOLATI
ON
SUBTYP
E
CASE
PRIORI
TY 1
CASE
PRIORIT
Y 2
CASE
PRIORI
TY 3
REFERR
ED BY
OR TO
(other
Agency or
Dept)
STATU
S
ADMI
N
CITE
$100
ADMI
N
CITE
$250
ADMI
N
CITE
$500
DAIL
Y $50
ADMI
N
FINES
CASE
CLOSE
D DATE
MISC
NOTE
S
0 0 0 0 0 0 0 $0 $0 $0 $0 0
# of
Cases
Reporte
d to
Date
# of
Cases
Remain
OPEN
# of
Abandoned
Vehicles
Reported
to Date
TOTALS
# of
Cases
CLOSE
D
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• STATUS (refer to status list titles stored in our CE file folder titled “Lists”) • CASE CLOSED DATE- Date that the case is closed
The following naming convention lists are stored in the Code Enforcement file folder titled “Lists” which will be updated as needed and as the program evolves. • Status of Case:
• Violation Types and Subtypes:
Electronic file folders are currently organized and archived in the City’s SharePoint system. Sub-folders with street names have been created. Each case file opened and subsequently closed shall have its own case file (sub-folder) under the appropriate street name of the address where the violation exists. The sub folder shall be titled by the street address starting with the property address numbers, followed by the main violation, followed by the case number. All case notes shall be logged in the Case History Log Form. All photos and any supporting evidence will be housed in the case file.
Example:
• 1CE Case Files (folder)
o Main St. (sub-folder)
123 S. Main St, nuisance, CE26-0101 (case file sub-folder) When a case is closed, add the word CLOSED to the Case History Log Form, upper right-hand area. Also add the word CLOSED to the title of the case address subfolder.
Example:
• 1CE Case Files (folder)
o Main St. (sub-folder)
123 S. Main St, nuisance, CE26-0101, CLOSED (case file sub-folder)
6.5 Citizen, Other Agencies, and Staff Complaints
6.5.1 Purpose:
To provide guidance on how to respond to complaints received from citizens, other agencies, or staff.
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6.5.2 Policy and Procedures:
Complaints from the public and other agencies are received via a complaint form and provided to the Division via the website, email, phone, or in person.
Complaints from staff typically originate from projects that they are working on and require a complaint form.
Complainant identity shall be considered confidential information per the Public Records Act Government Code Article 1 - 7922.000 Justification for Withholding of Record and Government Code Article 1- 7923.615 (a)(1) Law Enforcement Records Generally, and other applicable law and not subject to disclosure. Officers shall not release the name of the source. Upon receipt of a Public Records Act request for Code Enforcement records, the officer shall immediately notify the City Manager. Typically, certain information in investigative records are exempt from disclosure pursuant to applicable law.
Alleged violations that are NOT visible from the public right-of-way will not be investigated if the reporting party requests anonymity by refusing to provide contact information. This requirement is necessary for officer safety reasons since the officer must enter into the property to conduct the inspection. Officer safety is paramount in the City and RP information is essential in order to identify other civil issues that may be occurring such as potential long-standing neighbor disputes, domestic violence, etc. Unless the violation is visible from the public right-of-way, the complaint will not be taken. If an RP is uncertain in providing their information (full name, address and telephone number), take these steps to ensure confidentiality:
• Ensure confidentiality, per applicable law, their information is highly confidential in the City’s Code Enforcement files, and that; • The City may need their assistance to gain compliance. Ask the person if it is okay to potentially get further assistance from them.
The complaint form template is stored in the Code Enforcement files folder titled “Forms” which will be updated as needed.
6.6 Initial Steps, Investigation, and Preliminary Efforts to Obtain Voluntary Compliance of Violations
6.6.1 Purpose:
To provide a consistent process for the Division related to obtaining voluntary compliance.
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6.6.2 Policy and Procedures:
Upon receipt of a complaint or discovery of an actual violation, the following actions shall occur:
1. The Enforcement Officer assigned shall enter the information into the case tracking Excel file and create a code enforcement file.
2. The Enforcement Officer shall initiate an investigation and conduct research to determine if a violation(s) exists. Research should include historical internal files, internet searches, building files, fire files, etc.
3. If during the investigation of a complaint it is unclear if a violation exists, Code Enforcement Officers may contact the owner of the property and/or other person(s) to gather additional evidence. If communication by phone proves not to be feasible, and a site inspection does not garner the needed facts, then additional contact attempts shall be made utilizing any resources available.
4. In all cases in which a violation exists, the Enforcement Officer shall provide the owner(s) and/or any other person(s) responsible for violations with the appropriate notice, which provides a summary and description of the apparent Code violation, the compliance date and the City’s remedies and courses of action that may be pursued. All forms are maintained in electronic form.
5. Officers should allow a reasonable amount of time and opportunity for correction of the violations before the formal enforcement steps outlined below in section 7, per Portola, California - Code of Ordinances, Title 1 - GENERAL PROVISIONS, Chapter 1.08 - GENERAL PENALTY
PROVISIONS
6. ADMIN CITES, PMC Title 1 - GENERAL PROVISIONS Chapter
1.04 - GENERAL PROVISIONS are initiated. While the amount of time allowed for compliance may vary, a minimum of ten (10) days should be given.
7. In certain cases, depending on the nature of the violation, the 10-day period may serve as a deadline to demonstrate the start of substantial progress, especially in cases involving violations such as hoarding, serious public nuisances, medical concerns, and similar conditions.
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6.7 Requests for Extension of Time
6.7.1 Purpose:
To provide procedures for uniformly handling case files to provide consistent treatment of citizens related to extension requests.
6.7.2 Policy and Procedures:
Any request for an extension of time to bring the property into compliance shall be provided in writing to the City by the property owner or responsible party. The Enforcement Officer shall subsequently notify the requester via letter or email either confirming or denying the extension. If granted, the responsible party shall be advised of the new compliance date and the case file updated.
Extensions may be granted for a reasonable period of time depending on the circumstances, the stated reasons for the extension, and the nature of the violation.
As with other specified deadlines, the circumstances and reasoning for the length of the extension will be well documented in the file. The extension will be granted for no more than twenty (20) calendar days unless circumstances clearly warrant a longer extension. In no event should the deadline for compliance be extended for more than 30 calendar days per extension request. Authorization for any extension longer than 30 calendar days must be obtained from the Code Enforcement Officer’s immediate supervisor.
6.8 Scope of Inspection and Expectation of Privacy
6.8.1 Purpose:
To provide general guidelines for entry onto private property in the course of investigating reported or observed violations, based on the Fourth Amendment of the United States Constitution and the constitutional right to privacy.
The City of Portola recognizes that entry onto private property for enforcement purposes is governed by City Municipal Code, State law, constitutional considerations, and other applicable law.
6.8.2 Policy and Procedures:
Property owners have a right to privacy and a right to be free of illegal searches.
As an example, if a property owner has erected a 6-foot high or taller solid fence such as a chain link fence with slats, block fence, or wooden fence around the rear yard of the property that complies with other codes, and therefore is generally recognized by society as a means of creating a reasonable expectation of privacy, the property owner has a reasonable expectation of privacy in the enclosed area.
No Enforcement Officer shall use any artificial means to improve their position in an attempt to look over a solid fence to view a violation, such as standing in the
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bed of a truck or climbing on top of an electrical box or other item to elevate themself, or the use of other methods. Enforcement Officers shall not look through a knothole in a fence to view a violation. The test for reasonable expectation of privacy is, “Would the average person expect that the condition of the fence around the property would keep the yard private from people looking into the yard?” If the fence becomes dilapidated and wooden slats are missing from the fence, or several strips of chain link fence screening are missing, the property owner no longer has a reasonable expectation of privacy.
If the violation is in plain or open view such that it can be legally seen from a public vantage point, such as public property or a public right-of-way, then there is no reasonable expectation of privacy in that violation. Similarly, if a violation can be seen from a neighboring property, and that neighboring property owner has consented to the Enforcement Officer’s presence, then the owner/resident of the property has no reasonable expectation of privacy. Finally, if a property owner or responsible party shares information about a violation with a third party, then that property owner or responsible party loses their expectation of privacy in that information.
6.9 Consent
6.9.1 Purpose:
To obtain permission when accessing properties.
6.9.2 Policy and Procedures:
Consent for initial inspection will be based on facts known at the time of initial inspection. Consent for the initial inspection can only be given by an owner and/or resident of the property that is eighteen years of age or older and who has the authority, or apparent authority, to authorize an inspection. The consent shall be documented in the case narrative, including circumstances surrounding consent, description and name of party giving consent and type of consent (verbal, written, inspection requested by occupant, etc.).
The Code Enforcement Officer must also disclose to the resident that photos will be taken for the file.
If an Enforcement Officer responds to a property where there is a fence with a locked gate, the Enforcement Officer shall not jump or climb over that fence to get to the front door.
Consent may be given verbally or in writing. Adequate written consent may be provided by a note written by the Enforcement Officer stating,
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“I, [name of homeowner or other individual with legal standing, as described below], hereby allow [name of Enforcement Officer] to inspect the interior and exterior of the property [address of property being investigated].”
The property owner or tenant may also write this note. It should be signed and dated by the individual named in the note.
If the Enforcement Officer inspects based on verbal consent, it shall be noted in the case file the name of the person granting consent and their relationship to the property. If possible, document verbal consent by making an audio or video recording of the person providing the consent after the person has consented to be recorded.
Consent may only be granted by a person who has legal standing with regard to the property. “Legal standing” is limited to a person who is the owner or coowner of the property, lawfully in possession of the property, and has been given access to the property by the owner or primary tenant. Examples are property owner, tenant, or anyone permanently occupying the property with permission. If the inspection is an interior inspection, someone renting a room may only consent to inspection of the room they rent and any common areas. In the case of a rental unit, the tenant (not the property owner), must give consent, except with regard to common use areas.
During the inspection, consent, including written consent, may be revoked at any time by the person granting consent. Reasons for revoking shall be documented in the file. If the Enforcement Officer is told to stop inspecting the property and leave the premises, the Officer shall stop immediately and leave the property. In this case, the Officer must seek an alternative method of inspecting the property, such as an inspection warrant. Revocation of consent shall constitute a refusal to inspect for the purposes of an inspection warrant.
If the Enforcement Officer is unable to make contact at the site or is unable to conduct a site visit due to time constraints, the Enforcement Officer may send by first class mail a Courtesy or Inspection Notice. The inspection request/notice shall include the property owner’s name, location of the apparent violations and a time frame to respond. Sending the notice is not consent and does not imply permission or authority to inspect/enter.
6.9.3 Juveniles
When an Enforcement Officer responds to a location and a juvenile (anyone under 18) answers the door, the officer shall ask to speak with an adult. If no adult is home, the officer shall not discuss anything with the juvenile regarding the Code Enforcement case. The Officer should provide a business card for the juvenile and, if applicable,
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advise the juvenile that the Officer shall be returning or sending a notice by mail. Do not assume someone is an adult if there is any possibility that they are a minor; ask their age and for identification.
At no time should an Officer enter a property or ask permission to go into the rear yard when no adult is present. A juvenile has no legal standing to allow consent.
6.10 Documentation
6.10.1 Purpose:
To ensure that documentation is clear, concise, and supports a representative case narrative that records the conditions found on a property and which shall be used to accurately refresh the Enforcement Officer’s memory when testifying in a hearing or in court.
6.10.2 Policy and Procedures:
Complete documentation of all physical evidence and Enforcement Officer’s observations are essential. The Enforcement Officer shall record observations and discussions with witnesses in the case files in the department database.
Descriptions of violation(s) must be thorough as to type, location, quantity, and any other specific points of identification. For example, the description of an illegally constructed structure would include the type, size, and the reason for the perceived violation. The narrative may be a required part of any future court appearances, including citations or warrants, as well as administrative hearings, and must be as completed immediately following the inspection or as soon thereafter as possible in order for it to prepared with as much accuracy and details as possible and for the judge or hearing officer to have a clear picture of enforcement activities.
6.10.3 Photographs
6.10.3.1 Purpose:
To ensure a uniform process for documenting photos of violations and properly archiving them on the City’s document management system.
6.10.3.2 Policy and Procedures:
Whenever reasonably possible, the Enforcement Officer should attempt to document, via photograph, violations discovered during the course of their investigation. Enforcement Officers should take time to consider the best way to document the violations using photography, considering far and close views and before and after shots. Consideration should also be made with how to best capture the violation for someone who has not been on site. Photos shall not be
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staged or altered to exaggerate the extent of any violation. All photographs shall be taken digitally and should include a date and time stamp.
The following procedures must be followed when managing photos after an inspection.
When the Enforcement Officer returns from a site investigation, the officer shall download the photo files to the appropriate case file in the database. Photos shall be labeled using the following format:
Date, Insp Photos, Address of Property, Violation, Case #, CLOSED (if closed)
Example: 01-01-2026, 123 Street Ave, Public Nuisance, CE24-1202, CLOSED
Enforcement Officers shall not extend cameras to take photos over fences, walls, through windows or other areas where the owner/occupant would likely have a right to privacy.
Prior to taking any photos of violations that are not viewable by the public, the Enforcement Officer must obtain verbal or written consent to the taking of photos from an individual with legal standing as described above. This consent must be obtained in addition to consent to conduct an inspection. If such consent for photographs is denied, the Enforcement Officer shall not take photos of the violations. If at any point in the inspection the owner/occupant asks the Enforcement Officer to stop taking photos, the Enforcement Officer shall stop. If an Enforcement Officer is denied permission to take photos, they shall not take any photos and consult a supervisor regarding the possibility/need of obtaining an inspection warrant.
6.11 Notification of All Interested Parties
6.11.1 Purpose:
To build a solid case through proper notification that ensures every interested party has the opportunity to correct the violation(s).
6.11.2 Policy and Procedures:
All notice of violations issued by the Code Enforcement Division shall be mailed as per Portola Municipal Code Chapter 18.02, Notices and Orders Generally, to the owner of record as indicated by the County Accessor. The County Accessor maintains a computerized system of property owners, which is updated at certain times of the year by the County. Verification via the accessor’s website shall be performed.
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All correspondence sent via mail shall be stored in duplicate on the City’s SharePoint in the appropriate folder.
6.12 Reporting Party Follow-Up
6.12.1 Purpose:
To confirm with the reporting party that the complaint was received and investigated.
6.12.2 Policy and Procedures:
Upon receipt of a complaint or after the initial investigation of the complaint, Enforcement Officers will attempt to contact the reporting party letting them know that the City has received the complaint and is in the process of investigating it. Enforcement staff shall not share the details of the investigation with the reporting party. Upon closure of the case and if appropriate, Enforcement Officers may attempt to contact the reporting party letting them know that the case is closed.
7. Enforcement Steps if Efforts to Achieve Volunary
Compliance Are Not Effective
7.1 Purpose:
To provide options for the Enforcement Officer if efforts to achieve voluntary compliance are not successful.
7.2 Overview of Notices, Citations and Hearings
If the Enforcement Officer is unable to achieve voluntary compliance, and the violation does not present an immediate threat to life, health and safety, the owner or other responsible party shall be provided a reasonable opportunity to cure the violation. The compliance period shall be within 30 days, with extensions permitted up to a maximum of 90 days, when appropriate and one or more of the following enforcement actions should be determined based on the following factors:
1. The severity of the violation, the extent to which it poses a threat to public or private life, health and safety
2. The applicable statures, ordinances, regulations, and case law governing the specific violation.
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7.3 Procedures Regarding Issuance of Notice and Citations
7.3.1 Purpose:
To provide: (1) formal notification to property owners and occupants of property and/or those responsible for Code violations of the nature of the violations and the corrective action that is required; (2) a defined, reasonable period of time in which the corrective action must be completed; and (3) formal notice that an administrative penalty shall be assessed if the required corrective action is not completed within the time allowed.
7.3.2 Issuance and Contents of Citations
Citations shall be issued and delivered to the owner, to include occupants and/or operators of businesses on properties where a violation exists, or to all persons responsible to any degree for a violation.
As outlined by PMC 1.10 Administrative Citations - Citation shall be sent via first-class mail to the property owner and, if different from the property owner, the person(s) responsible for the violation(s), at the property address, and to the address listed for the property owner as shown on the last County equalized assessment roll, if that address is different from the property address.
Enforcement Officers will be familiar with the provisions of City Code Chapter PMC 1.10.060 Appeal of Administrative Citation that relate to procedures applicable to when a Citation is contested and to the noticing requirements.
7.3.3 Consequences of Failing to Comply with Citation
The failure to pay the penalty imposed by a Citation and/or the failure to correct the Code violation as identified in the Citation may result in the fine amount and any late fees, being sent to collections by the finance department or by any other legal means.
7.3.4 Re-inspections Following Issuance of Citations
Following issuance of a Citation, an inspection may be necessary after expiration of the deadline for compliance to determine such compliance, or if the violation is ongoing or recurring. In the case of ongoing violations, after initial citation, additional citations may be issued. After three (3) citations have been issued, enforcement will proceed to abatement.
7.3.5 Steps to be Taken Once Compliance Has Been Achieved When Compliance is achieved, the Enforcement Officer shall take the following steps:
1. The Enforcement Officer shall inform the reporting party of the correction
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of the violation.
2. The case shall be noted as closed, with notes explaining the compliance, and entered into the records system as closed by the Enforcement Officer.
7.3.6 Issuance of Additional Penalties if the Violation is Ongoing or Repeats If it is determined that compliance has not been attained, or that a new, ongoing, or repeated violation of the same type has occurred, the Enforcement Officer may issue additional notices and/or citations, per PMC 18.04 – Cumulative Enforcement Remedies and Chapter 1.08- General Penalty Provisions. If extenuating circumstances or other reasons exist that call for withholding or delaying such notice, those circumstances or reasons shall be documented in the file.
8. Public Nuisances - PMC CHAPTER 8.20
8.1 Purpose:
To provide guidance on abating nuisance violations.
Controlling nuisances keeps communities safe and fosters a sense of place and community pride. The accumulation of junk vehicles, vehicle storage, overgrown vegetation, litter, and other visual clutter are seen as a deterioration of the quality of life within the affected neighborhood. The existence of dilapidated buildings and overgrown vegetation is often associated with areas of high crime and declining property values.
Any person owning, leasing, occupying or having charge or possession of any premises in the city are required to maintain such premises in such manner so as to avoid being injurious to public health, indecent or offensive to the senses, or an obstruction to the free use of property.
8.2 Policy and Procedures:
The information provided for in Chapter 8.20 Public Nuisances of the City Municipal Code is intended to provide the City with the means to obtain compliance, either independently or in combination with other steps outlined herein, through the issuance of Pre-Citation notices, Citations, Notice and Orders, and the use of several abatement options if the responsible party fails to voluntarily abate the nuisance.
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8.3 Public Nuisance Abatement Procedure
8.3.1 Purpose:
To ensure proper procedure is followed in case of non-voluntary compliance after all other methods of encouraging voluntary compliance have been exhausted.
8.3.2 Policy and Procedures:
Procedures for the Abatement of a public nuisance are outlined in the PMC Chapter 8.20.050 through 8.20.110 A Notice and Order and can be issued after citation issuance where compliance has not been achieved. They are also issued as the first notice for violations of the Building and Zoning Code. A Notice and Order shall be sent by certified and first-class mail. They may additionally (not in place of) be emailed and/or conspicuously posted on the property.
For the abatement of weeds and rubbish, the Public Engagement/Code Enforcement officer will follow the procedure outlined in PMC Chapter 8.16.
8.4 Issuance and Contents of a Staff Report
8.4.1 Policy and Procedures:
A staff report is completed whenever a Notice of Hearing is issued. The Staff report will be submitted as evidence during the hearing and shall contain all pertinent information concerning the case and its history. The quality and content of the Staff Report and the testimony of the Enforcement Officer will often determine the outcome of a hearing. Some of the information required to be in the report is as follows:
1. Face Sheet/ Enclosures – Signed by the Case Officer
2. Staff Report – Case Narrative
a. Summary
b. Administrative Order Hearing
c. Subject Property and Owner of Record
d. Background
• Complaint and Compliance Efforts
• Owner’s Failure to Take Corrective Action
3. Notice of Hearing
4. Administrative Costs
5. Civil Penalties
6. Recommendations
7. Exhibits (including but not limited to)
a. Notices
b. Photographs
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c. Applicable Code Sections
d. Correspondence (email, etc.)
e. Citations
f. Schedule of Penalties
g. Certified Mail Receipts
h. Location Map
i. Assessor’s Parcel Information
j. Notice of Hearing
k. Administrative Cost Recovery Sheet
9. Abatement Cost Recovery
9.1 Purpose:
To recover fines and costs in cases that have led to the necessary abatement of code violations on a property.
9.2 Policy and Procedures:
After a property has been abated under PMC Chapter 8.20.040 and the property owner has not paid for the cost of abatement, cost recovery may be applied to the offending property as per PMC8.20.130 through 8.20.150.
10. Officer Safety and Personal and Safety Protective
Equipment
10.1 Purpose:
This policy is established in compliance with Senate Bill 296, codified as California Penal Code § 829.7, which requires each local jurisdiction employing code enforcement officers to develop officer safety standards appropriate for its operations.
The City adopts these procedures to provide a consistent framework that promotes officer safety, enhances situational awareness, and supports safe and effective field operations while reflecting recognized best practices in the code enforcement profession.
The purpose of this policy is to establish Officer Safety Best Practices (OSBP) that promote safe, consistent, and effective field operations. It is intended to reduce risk, enhance situational awareness, improve decision-making, and support sound professional judgment during all code enforcement activities. Officer safety shall
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remain the highest operational priority in the City of Portola, and all personnel are expected to incorporate these practices into their daily field responsibilities.
10.2 Policy and Procedures:
Officer Safety Best Practices (OSBP) shall be incorporated into all field operations.
While every enforcement contact presents unique circumstances, enforcement officers are expected to exercise sound judgment while consistently applying the following safety practices:
10.3 Outlining Officer Safety Guiding Principles
10.3.1 Purpose:
The purpose of this policy is to establish Officer Safety Best Practices (OSBP) that promote safe, consistent, and effective field operations. It is intended to reduce risk, enhance situational awareness, improve decision-making, and support sound professional judgment during all code enforcement activities. All personnel are expected to incorporate these practices into their daily field responsibilities.
10.3.2 Policy and Procedures:
Officer Safety Best Practices (OSBP) shall be incorporated into all field operations. While every enforcement contact presents unique circumstances, enforcement officers are expected to exercise sound judgment while consistently applying the following safety practices:
Your Sixth Sense Is Real:
Officers often operate under high cognitive load during inspections and enforcement activities. This can reduce awareness of environmental cues.
The “sixth sense” refers to subconscious processing of sensory information. The brain continuously evaluates environmental inputs and may generate intuitive warning signals when something appears abnormal.
Many individuals involved in adverse incidents report a prior feeling that “something was not right.”
Mindfulness and Situational Awareness:
Mindfulness is the intentional practice of increasing awareness of surroundings.
While continuous heightened alertness is not practical, officers can improve baseline awareness through routine practice.
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Pausing briefly before entering a property to observe environmental conditions, movement, sounds, and layout can provide critical insight into potential risks.
Balancing Rational Thought and Instinct:
Rational analysis is essential in code enforcement but may sometimes override instinctive warning signals. Prior positive experiences can create a false expectation of safety.
Each field encounter is unique. Officers should avoid relying solely on past outcomes to predict future safety.
Choosing to Take Chances:
Uncertainty is inherent in field operations. Decisions to proceed should be deliberate and informed rather than automatic.
When uncertainty or discomfort is present, officers should consider delaying action, reassessing conditions, or requesting support.
Training:
Officer safety is best supported through a combination of awareness, avoidance, training, and personal protective equipment (PPE).
PPE should be used according to policy and training standards. Equipment alone is not sufficient without proper judgment and awareness.
1. General Safety Principles
o Reduce personal vulnerability by maintaining continuous situational awareness.
o Slow down, observe the environment, and think before acting. o Follow established safety procedures and avoid unnecessary deviations.
o Escalate safety measures whenever circumstances warrant. o Minimize distractions while conducting enforcement activities. o Trust professional instincts while objectively assessing potential threats.
o Maintain physical and mental readiness for field operations.
2. Pre-Arrival Planning
o Review available case information before responding.
o Prepare necessary documentation in advance when practical. o Review prior incident history associated with the property or involved parties, when available.
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o Obtain photographs of the property before contact when appropriate.
o Evaluate the property's layout and identify potential hazards, access points, and escape routes.
o Plan vehicle placement and approach routes to maximize visibility and provide a safe exit.
3. Vehicle Positioning
o Use agency vehicles whenever possible during field operations. o Park in a manner that provides visibility, maintains safe distance from hazards, and allows for rapid departure if necessary. o Avoid parking where the vehicle may become blocked or trapped. o Protect vehicle registration information when appropriate.
4. Field Contact
o Survey the area before approaching the property.
o Avoid standing directly in front of doors after knocking. o Control the conditions of contact whenever practical. o Maintain appropriate reactionary distance and personal space. o Utilize physical barriers or cover when available.
o Avoid unnecessary entry onto private property or into structures unless authorized, legally permitted, or operationally necessary. o Conduct inspections with a second officer or other authorized personnel when circumstances indicate an increased safety risk.
5. Communication and De-escalation
o Communicate professionally and respectfully during all public contacts.
o Use reflective listening techniques to acknowledge both factual concerns and emotional responses.
o Employ de-escalation strategies to reduce conflict whenever practical.
o Maintain regular communication regarding location, travel route, and operational status during field activities.
o Ensure reliable emergency communications are available throughout field operations.
6. Operational Readiness
o Carry all department-authorized safety equipment while performing field duties.
o Wear clothing and footwear appropriate for field conditions that do not restrict movement or create unnecessary hazards.
o Limit the disclosure of personal information and utilize available privacy protections.
o Avoid establishing predictable routines when conducting inspections or enforcement activities.
7. Decision-Making
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o When an immediate threat to public health or safety does not exist, officers may delay, reschedule, or modify enforcement activities if conditions present an unreasonable safety risk.
o Officer safety shall take precedence over immediate enforcement when circumstances require reassessment.
8. Environmental Awareness
o Remain alert for environmental hazards, including aggressive animals, hazardous conditions, and changing circumstances. o Assume all interactions may be observed or recorded and maintain professional conduct at all times.
9. Training
o Officers are encouraged to maintain proficiency through department-approved self-defense, scenario-based, and other safety-related training.
o Officers shall maintain the knowledge and equipment necessary to safely perform assigned field responsibilities.
10.4 Provisions of Personal Protective and Safety Equipment (PPE and PSE)
10.4.1 Purpose
The purpose of this policy is to promote the safety and health of City of Portola Code Enforcement Officers by providing appropriate personal protective equipment (PPE), personal safety equipment (PSE), and related training for field operations.
10.4.2 Policy and Procedures
The City shall provide Code Enforcement Officers with PPE and PSE appropriate for the hazards associated with their assigned duties, consistent with operational needs and applicable laws. Officers shall be trained in the proper use, care, maintenance, and limitations of all issued equipment. PPE and PSE are intended to reduce risk but do not eliminate all hazards encountered during field operations.
Appropriate equipment may include, but is not limited to:
• Two-way radio or cellular phone
• Body-worn camera
• Protective footwear, gloves, reflective clothing, and disposable coveralls/hazmat/Tyvek Suits
• Respiratory protection (N95 or equivalent)
• Disposable gloves and hand sanitizer
• First aid kit and tourniquet
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• Eye, hearing, and head protection, as appropriate
• Flashlight
• Other safety equipment as approved by the City based on operational needs
The City will periodically evaluate equipment needs to ensure Code Enforcement Officers have appropriate resources to safely perform their duties.
10.5 Body-Worn Camera Procedure
10.5.1 Purpose
This policy is intended to provide enforcement officers with instructions on when and how to use body-worn cameras (BWCs) so that they may reliably record their investigations and enforcement activity in accordance with the law and to provide accountability and transparency to the public.
10.5.2 Policy
It shall be the policy of the City for Code Enforcement Officers to utilize a BWC in a manner that will assist in Code Enforcement investigations and prosecutions as well as civil litigation, by providing a recording of the incident that may supplement an officer’s report and help document officer conduct, investigations, and enforcement activity.
10.5.3 General Orders
1. All employees issued a BWC are required to wear and use their BWCs while actively investigating an official case where there exists a legitimate concern for officer safety, or prior encounters with otherwise hostile individuals, as well as cases that could potentially require extensive interventions due to the nature of the violations involved, and in cases where the PEO feels video documentation will be helpful in documenting the investigation.
2. BWC video recordings help provide context and capture beneficial information during investigations and enforcement contacts with members of the public.
Because BWC recordings provide only a limited perspective of the encounter, all other available evidence, such as witness statements, employee interviews, and documentary evidence should be considered before any conclusions are reached.
3. BWC should assist in the following:
a. Documenting an initial enforcement response
b. Collecting evidence for use in investigations and prosecutions c. Helping employees with completing reports and testifying in court d. Deterring criminal activity and uncooperative behavior during officerpublic interactions
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e. Promoting accountability
f. Recording video for use in training future enforcement officers g. Documenting the performance and professionalism of employees
4. BWC video is not meant to replace or relieve the employee from submitting any documentation necessary for the successful completion of the case file.
5. All recordings made using BWCs are the property of The City of Portola and will not be released or disseminated to the public without the express written consent of the City Manager or authorized designee or unless otherwise expressly required by federal or State law.
6. All recordings shall be stored on the City’s SharePoint in an appropriate location and will be stored per the records retention schedule.
10.5.4 Employee Responsibility
1. Employees who are issued a BWC shall be trained in the proper use of the device prior to deployment.
2. Employees issued a BWC shall:
a. Be responsible for the reasonable care and maintenance of the BWC they are issued.
b. Ensure the BWCs are functioning properly.
c. Affix their issued BWC to their uniforms above the beltline prior to leaving the office to perform duties in the field requiring the use of the BWC in accordance with training and the manufacturer's guidelines. d. The BWC shall be worn for the duration of the necessary activity until returning to the office.
e. Ensure their issued BWC is fully charged and has adequate video storage to complete the required activity.
f. Only use BWCs that have been approved by the Department.
3. Generally, employees shall begin downloading all media prior to the end of their shift; however, supervisors may approve other download schedules when appropriate.
4. When a report is generated, employees shall document their use of the BWC or ensure that it is documented by another employee. Employees are required to spell out “body-worn camera” at least once in the associated report prior to referring to the initials “BWC” later in the report.
5. Employees are authorized to review their own BWC recordings, including prior to giving a statement after being involved in a critical incident, when writing a report, testifying in court or other proceeding, or for any other official use.
6. Employees may be authorized to review other employees’ BWC recording after being involved in a critical incident.
7. Employees shall not tamper with or modify any part of the BWC system.
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10.5.5 Equipment Replacement
In the event an employee’s BWC is malfunctioning, damaged, lost, or unavailable for use:
a. The employee shall notify their supervisor as soon as reasonably practical. b. The supervisor shall issue a replacement BWC when practical.
10.5.6 Activation of the Body-Worn Camera
1. This policy is not intended to describe every situation in which the BWC should be activated but rather is designed to provide general guidance. Not all situations will start out as necessitating the activation of the BWC, nor will all events have a clear ending when the BWC is no longer necessary.
2. If immediate activation of the BWC is not feasible due to risk to the safety of the employee or others, the employee should activate the BWC as soon as it is safe to do so.
3. Employees shall activate their BWC during investigations and enforcement activity, including evidence collection, whether self-initiated or in response to a complaint.
4. If the BWC malfunctioned during an investigation or enforcement activity, the reason shall be documented on the Case Log.
5. Employees are not required to give notice or obtain consent to record when they are in a public place or in a location where they are lawfully present. When initiating contact or speaking with private citizens during the course and scope of their official duties, employees shall make a reasonable effort to advise persons they are being recorded with BWC, unless the employee has reason to believe that doing so will endanger the safety of the employee or another person or interfere with the conduct of an investigation.
When an employee’s legal grounds for a search of a property or residence is based solely on consent, they are required to both advise and obtain consent to record with a BWC from the person, with legal standing, who is being recorded and/or searched.
If asked, employees shall advise citizens they are being recorded. Moreover, employees should strongly consider advising citizens that they are being recorded as a tool to de-escalate a situation, gain compliance, assist in the investigation, provided that doing so and will not interfere with the investigation or officer safety.
6. Generally, employees should not record informal or casual encounters with members of the public. Employees should consider that recording people in some circumstances may inhibit sharing information or developing strong ties between members of the community and employees.
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7. Absent a deliberate intent to not comply or repeated pattern of non-compliance, the failure to activate the BWC shall not alone constitute cause for discipline.
Deactivation of the Body-Worn Camera
1. Once their BWC is activated, employees shall not deactivate their BWCs until the investigative or enforcement activity has concluded. If investigative or enforcement activity is resumed, the employee shall re-activate the BWC and continue recording.
2. Enforcement officers have the discretion to deactivate their BWCs when appropriate.
3. Employees shall audibly record the reason for deactivation in all instances
10.5.7 Restricted Use of the Body-Worn Camera and /or Stored Media
1. Employees shall not play back body-worn footage for citizens, other employees not involved in the case, or the media without prior approval from the City Manager or authorized designee unless for investigative purposes.
2. Employees who have made an inadvertent recording may request to have that video deleted. Requests shall be submitted to the City Manager.
3. Employees shall not:
a. Make copies of any recorded event for personal use.
b. Use a recording device such as a cell phone camera or secondary video camera to record a BWC file or image.
c. Copy, upload, or disseminate any BWC recordings publicly or privately, nor shall employees post recordings on social media for personal use.
10.5.8 Supervisor Responsibility
Supervisors shall:
1. Ensure that employees issued a BWC have completed required training and are familiar with applicable policies and procedures.
2. Conduct periodic inspections of employees issued BWC equipment and ensure that the BWCs are fully operable.
3. Have the opportunity to view recordings to mitigate and address citizen complaints when necessary.
4. Have access to video footage of all users. This will allow instant access for training or administrative purposes.
10.5.9 Use of Video for Training
1. Recordings may be used for training purposes.
2. When a recording contains footage that may embarrass an employee, consideration should be given before the video is used for training.
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3. If a video will be used for training purposes, the Department will notify the employee. If an involved employee objects to the use of a recording, the employee may object in writing to the City Manager or authorized designee to determine if the training value outweighs the employee’s objection. In no event shall any recording be used for the purpose of ridiculing or embarrassing any employee.
10.5.10 Body-Worn Camera Recording Duplication
1. BWC duplications shall not be made without approval by the City Manager or the City Attorney and must be made in writing.
2. Duplication requests shall be approved at least ten (10) business days prior to the date required.
3. A written request is not required when the BWC recording is downloaded by employees for their own incidents for official purposes.
4. A log shall be kept of all requests for duplication, reporting date, time, requestor and when the file was duplicated.
10.5.11 Outside Law Enforcement Agency Requests
1. All outside law enforcement agency requests for recordings of BWC footage shall be sent to the City Manager.
2. The City Manager shall consider these requests and shall consult the City Attorney as needed.
3. Approved requests shall be processed by the enforcement officer and provided to the City manager for release.
10.5.12 Data Management and File Retention
1. All recordings shall be stored on the City’s SharePoint in an appropriate location and will be stored per the records retention schedule accessible by the City Manger and enforcement officer only.
2. Any attempt to erase, alter, or tamper with the BWC or its recordings, except as authorized by law, will be considered employee misconduct.
3. Digital evidence captured by BWC shall be treated as official records and handled pursuant to existing Department policies and procedures.
11. Confidential Information Protection
11.1 Purpose
The purpose of this policy is to protect the personal identifying information of Code Enforcement Officers to reduce potential threats resulting from official enforcement activities.
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11.2 Policy and Procedures
The City of Portola shall take reasonable steps to protect the confidential personal information of Code Enforcement Officers in accordance with applicable state law.
When authorized, the City will assist eligible personnel in obtaining available confidentiality protections for Department of Motor Vehicles (DMV) records and other protected information. Enforcement officers shall also take reasonable measures to safeguard their personal information while performing official duties.
12. Conclusion
The policies and procedures contained in this Policy and Procedures Manual establish consistent standards for the City of Portola's Code Enforcement Program. They are intended to promote professionalism, accountability, officer safety, legal compliance, and fair, impartial enforcement of the Portola Municipal Code.
These procedures provide guidance for the performance of official duties while recognizing that each enforcement action requires sound judgment based on the specific facts and circumstances. Nothing in this manual limits an officer's discretion when authorized by law or when necessary to protect public health, safety, or welfare.
This manual shall be reviewed periodically and updated as necessary to reflect changes in federal, state, or local law, applicable court decisions, operational needs, and recognized best practices. All Code Enforcement personnel are expected to be familiar with and adhere to these policies in the performance of their of job duties.
1 MEETING DATE: August 26, 2026
AGENDA ITEM: 7. Code Enforcement: Receivership Agreement FROM: Ryan Bonk
RE: Code Enforcement: Receivership Agreement
BACKGROUND:
Since January of 2026, staff has been vetting the receivership concept to provide the City with an avenue to address code enforcement cases where other options have been exhausted or deemed not viable.
On 06/24/2026, the City Council approved the Fiscal Year Budget for 2026-2027, which included $30,000 for a Code Enforcement Receivership program.
EXECUTIVE SUMMARY:
In January, staff interviewed Civica Law Group to discuss the professional services offered in this area of expertise. Staff met again with Civica Law Group in August to confirm the process and further discuss the details of the services provided.
In addition to Civica Law Group, staff interviewed Griswold Receivers in July to discuss the professional services offered in this area of expertise.
Upon review of both entities, staff believes that Civica Law Group provides the most viable option for the City to engage in the receivership process. Staff's review of Civica Law Group includes the following benefits:
1. Provides legal services for the receivership process throughout the entire process
2. Vast experience with the process in California
3. Eliminates the need for multiple contracted parties being involved throughout the process
4. Vetting of cases prior to issuing recommended next steps to the City
5. Experience with Counties where the receivership process was not previously implemented giving assistance to guide the judiciary system in these Counties
6. Additional experience with a wide array of code enforcement circumstances beyond receivership
2 Staff's review of Civica Law Group includes the following concern:
1. Potentially more costly as the firm is comprised of legal professionals assisting in special counsel for legal services
Overall, any receivership professional services will result in an exposure to the City financially in the event that the revenues generated from the process do not cover the costs associated with the process. In order to soften this exposure, our approach will be to focus on a single case to start. If the case proves viable both on operational and financial ends, the goal would be to continue to develop the program with additional cases utilizing the funds reimbursed to the City through the initial process.
Attached to this staff report is the draft agreement with Civica Law Group for Council's review and consideration.
FISCAL IMPACT:
The draft agreement contains a not to exceed value of $30,000. This amount was budgeted and approved for the Fiscal Year 2026-2027 budget under Law Enforcement.
RECOMMENDATION:
Staff recommends that the City Council review and approve the draft agreement with Civica Law Group for the receivership program.
ATTACHMENTS:
A. PORTOLA - CIVICA LSA FINAL
1 AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF PORTOLA
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
This agreement (“Agreement”) is entered into on August 26, 2026 by and between the CITY OF PORTOLA (“City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“Law Firm”). Law Firm and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City wishes to engage the services of Law Firm to provide special counsel legal services as described in this Agreement. Law Firm wishes to provide all such services and has the necessary expertise and competence to provide such services.
3. TERMS.
3.1 Scope of Services. Law Firm shall provide legal advice, representation and assistance to the City on code enforcement and other matters as assigned to Law Firm. Law Firm shall report on a regular basis to City staff and City Attorney regarding matters assigned to Law Firm, and shall handle matters subject to the input, oversight and direction of the City.
3.2 Responsibilities of Attorneys and Client. Law Firm shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Law Firm is involved. Law Firm will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Law Firm to perform their obligations under this Agreement.
3.3 Compensation. For all legal services provided in this Agreement, the City will pay Law Firm at the blended rate of $340 per hour for attorney representation and $220 per hour for paralegals and law clerks. Fees shall increase up to five percent, rounded up to the nearest dollar, annually on July 1 to offset rising costs.
3.4 Cost Reimbursement. The City shall reimburse Law Firm for all out-of-pocket expenses incurred by Law Firm in providing legal services under this Agreement, including charges for printing and copying expenses at $.16 for black and white copies and $.60 for color copies, postage, research, litigation costs, courier and messenger services, travel and automobile mileage at the current IRS rate for travel on behalf of the City. No separate charge shall be made by Law Firm for secretarial or word processing services.
3.5 Statements and Billing. Law Firm shall submit monthly invoices to the City indicating attorney fees and costs incurred for the legal services provided under this Agreement.
2 The monthly invoice shall describe the nature of the work performed, the attorney performing the work and the time spent for each task as well as the nature of any reimbursable expenses incurred.
Upon the request of and as directed by the City, Law Firm shall generate separate invoices pertaining to specific accounts, matters and/or departments. The City shall process and cause such invoices to be paid promptly, typically within thirty (30) days of receipt. If no attorneys’ fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month.
3.6 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the attorneys at Law Firm were a substantial inducement for the City to enter into this Agreement. Therefore, Law Firm shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City.
3.7 Conflicts of Interest. Law Firm shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving the City and matters upon which Law Firm is providing legal services under this Agreement. Law Firm shall not reveal confidential information of the City except with the consent of the City or as otherwise required by law. Law Firm shall notify the City of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflicts. In the event that such conflict is not or cannot be waived or resolved City shall retain legal counsel and Law Firm shall assist and cooperate with legal counsel retained by the City on the matter for which the conflict arose.
A. Law Firm represents that neither Law Firm for any of its attorneys or other persons employed by Law Firm have any material financial interest, direct or indirect, in any contract or decision made by or on behalf of City that may be affected by the services to be provided to City pursuant to this Agreement, other than a financial interest that is similar, in all material respects, to the interests of the general public.
B. If Law Firm or an attorney or other person employed by Law Firm acquires such an interest while this Agreement remains in effect, Law Firm will immediately disclose such interest to the City, and the interested individual shall not participate in or influence the performance of the services to be provided to the City pursuant to this Agreement.
3.8 Return of Files. At the conclusion of this Agreement, any original files transmitted to Law Firm by the City for the work performed under this Agreement for the City shall be made available to City. Law Firm will be entitled to make copies of the client files. At the conclusion of this Agreement, (whether or not City takes possession of the client files), Law Firm shall have no further responsibility with regard to such documents.
3.9 Independent Contractor. No employment relationship is created by this Agreement.
Law Firm shall perform all legal services required under this Agreement as an independent contractor of the City, except that at all times providing services under this Agreement, Law Firm’s employees and agents shall be acting as public officials. Notwithstanding the foregoing, for purposes of any legal claims against Law Firm arising from its provision of services to the City,
3 Law Firm shall be entitled to all defenses provided by law to City officials, attorneys and prosecutors, and to City’s statutory duties to the office of city prosecutor/attorney pursuant to Government Code section 825 for providing a defense, hold harmless, and full indemnity to Law Firm for actions within the scope of its engagement hereunder.
3.10 Term; Termination of Agreement. The term of this Agreement shall commence on the Effective Date set forth in this Agreement and shall continue in full force and effect until terminated as provided herein. City or Law Firm may terminate this Agreement at any time, with or without cause, on thirty (30) days’ written notice to the other party. In the event of such termination, Law Firm shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship and the City shall pay Law Firm professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The City agrees to execute, upon request, a stipulation in such form as to permit Law Firm to withdraw as attorneys of record in any legal action then pending.
Law Firm shall cooperate to transition representation to a new attorney or firm in an expedient manner and make available to the City, or to counsel designated by the City, all documents and records of the legal services provided to the City and shall assist to the fullest extent possible in the orderly transition of all pending matters to the City’s new counsel. If City does not take possession of the client files within sixty (60) days of termination of this Agreement, City agrees that Law Firm may dispose of the client files without further notice.
3.11 Arbitration. In the event of any dispute between the parties, such dispute shall be submitted to binding arbitration to the maximum extent permitted by law. In the event the parties are unable to agree upon an arbitrator, an arbitrator shall be selected through the rules of the American Arbitration Association. The arbitrator shall have the authority to set procedures and discover in the arbitration. In any such matter, the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees. This section shall survive the expiration of this Agreement.
3.12 Insurance Coverage. Law Firm shall carry errors and omissions insurance of not less than One Million Dollars ($1,000,000) per year in the aggregate, and any additional insurance required by the State of California. Law Firm shall furnish to the City proof of insurance required by this Agreement upon request, and shall notify the City of any changes to the insurance.
3.13 Amendment; Modification. This Agreement may be modified through a written instrument signed by both parties or by an oral agreement to the extent it is carried out.
3.14 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.15 Time of Performance; Efficiency of Services; Cooperation. The services of Law Firm shall be performed expeditiously in light of the purposes of this Agreement. Law Firm shall follow all procedures as established by the City consistent with its duties. Law Firm shall work cooperatively with appropriate City staff and keep them informed on all matters of importance as they arise.
3.16 Non-Discrimination. In the performance of this Agreement, Law Firm shall not discriminate against any employee or applicant for employment because of race, religious creed,
4 color, sex, national origin, ancestry, physical disability, mental disability, marital status, age, sexual orientation, or medical condition.
3.17 Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement: (1) shall be deemed effective unless it is in writing and signed by City; (2) shall be deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.
3.18 Governing Law and Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. The section captions and headings in this Agreement have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
3.19 Severability. If any portion or all of this Agreement is held to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall remain in full force and effect.
3.20 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
To Law Firm: Civica Law Group, APC
4000 Barranca Parkway
Suite 250, PMB #782
Irvine, CA 92604
(949) 592-0165
Attn: Chief Operating Officer
To City: City of Portola
35 Third Ave.
Portola, CA 96122
(530) 832-6800
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
5 3.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.22 Not To Exceed. This Agreement has a not to exceed amount of $30,000 for the term of the Agreement. Both Parties can agree to amend this amount in a written document signed by both Parties.
CITY OF PORTOLA,
a Municipal Corporation
By: ____________________________ Dated: August ____, 2026 Its: _________________________
CIVICA LAW GROUP, APC
By: ____________________________ Dated: August ____, 2026 Matthew Silver, Esq.
Managing Partner
1 MEETING DATE: August 26, 2026
AGENDA ITEM: 8. Resolution 2668: Determining and Declaring a Prima Facie Speed Limit of 20 MPH in Certain School Zones
FROM: Ryan Bonk
RE: Resolution 2668: Determining and Declaring a Prima Facie Speed Limit of 20 MPH in Certain School Zones
BACKGROUND:
AB 382 (Berman), Chapter 555, Statutes of 2025, added section 22352.5 to the Vehicle Code effective January 1, 2026. The section allows a local authority to declare a 20 mph prima facie speed limit in a school zone by ordinance or resolution. Two features distinguish it from the City's ordinary speed-setting authority: the limit may be adopted without an engineering and traffic survey, and it remains radarenforceable without one, since school zones are excluded from the Vehicle Code's "speed trap" definition.
Section 22352.5 is repealed January 1, 2031, at which point a 20 mph limit applies in posted school zones statewide by operation of law.
Acting now captures the safety benefit during the period from today until January 1, 2031.
EXECUTIVE SUMMARY:
The resolution declares a 20 mph prima facie speed limit in the school zones at the City's two Plumas Unified School District sites, using authority the Legislature granted local agencies in 2025.
A school zone is the area of a street within 500 feet of school grounds, unless otherwise posted, and the limit is effective only where signs give notice. Sign placement therefore determines the operative extent of each zone.
Adoption commits no money and sets no deadline.
Section 5 authorizes the City Manager to site and install signs in phases as staffing, materials, and funding allow, with no further Council action required. The limit takes effect at each location as signs are erected.
2 Section 6 confines the declaration to streets under City jurisdiction and authorizes staff to coordinate with Plumas County and the Plumas County Transportation Commission (PCTC) on the shared C. Roy Carmichael corridor.
Adoption allows the City to provide supporting documentation to the PCTC on the current project at the C.
Roy Carmichael corridor indicating the City's desire to have 20MPH signage installed.
CEQA ANALYSIS:
Exempt under CEQA Guidelines sections 15301, 15311, and 15061(b)(3).
FISCAL IMPACT:
There is no immediate financial impact from adoption. The resolution appropriates no funds and creates no installation obligation.
Installation of future signage will require estimating, budgeting, and funding for the consultant City Engineer project time, materials, and installation.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2668.
ATTACHMENTS:
A. RESOLUTION 2668 SCHOOL-ZONE-20MPH FINAL
Resolution No. 2668 August 26th, 2026
RESOLUTION NO. 2668
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
DETERMINING AND DECLARING A PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR IN CERTAIN SCHOOL ZONES WITHIN THE CITY PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 22352.5
WHEREAS, the City of Portola (“City”) is a general law city duly organized and existing under the Constitution and laws of the State of California, and is a “local authority” as that term is defined in California Vehicle Code section 385; and
WHEREAS, Assembly Bill 382 (Berman), Chapter 555 of the Statutes of 2025, was approved by the Governor and filed with the Secretary of State on October 10, 2025, and became effective January 1, 2026; and
WHEREAS, Assembly Bill 382 added section 22352.5 to the Vehicle Code, which provides at subdivision (a) that, notwithstanding Vehicle Code section 22352, a local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of twenty (20) miles per hour in a school zone; and
WHEREAS, Vehicle Code section 22352.5 does not condition the exercise of that authority upon the conduct of an engineering and traffic survey, and no engineering and traffic survey is required as a predicate to the adoption of this Resolution; and
WHEREAS, Vehicle Code section 22352.5, subdivision (b), provides that “school zone” has the same meaning as defined in Vehicle Code section 22352, which defines a school zone as an area of a highway within 500 feet of school grounds in any direction, unless otherwise posted, marked with appropriate signs giving notice of the area; and
WHEREAS, Vehicle Code Section 360 defines “highway” as “ a way or place of whatever nature, publicly maintained and open to the of the public for purposes of vehicular travel” and “Highway includes street”; and
WHEREAS, Vehicle Code section 22352.5, subdivision (c), provides that the section shall remain in effect until January 1, 2031, and as of that date is repealed, at which time a prima facie speed limit of twenty (20) miles per hour will apply in school zones by operation of state law under Vehicle Code section 22352, as added by Assembly Bill 382 and operative January 1, 2031; and WHEREAS, Vehicle Code section 40802 expressly excludes school zones from the definition of a “speed trap,” such that speed limits established in school zones may be enforced through the use of radar or other electronic speed-measuring devices without regard to the existence or currency of an engineering and traffic survey; and
WHEREAS, Vehicle Code section 22352 provides that prima facie speed limits are applicable only when signs have been erected giving notice thereof, and Vehicle Code sections 21400 and 21401 require that traffic control devices erected within the City conform to the uniform standards and specifications adopted by the California Department of Transportation and set forth in the California Manual on Uniform Traffic Control Devices (“California MUTCD”); and
Resolution No. 2668 August 26th, 2026
WHEREAS, certain streets and portions of streets adjacent to school sites within the City are under the jurisdiction of, or are maintained by, the County of Plumas, including Lake Davis Road north of Joy Way, and the City’s authority under Vehicle Code section 22352.5 extends only to streets under the jurisdiction of the City; and
WHEREAS, the school zones identified in Exhibit A to this Resolution serve children attending schools within the City, and these areas experience regular and concentrated pedestrian activity by school-age children walking and bicycling to and from school; and WHEREAS, the City Council has considered the school sites within the City and has determined to declare the speed limit established by this Resolution at the sites identified in Exhibit A, and to defer consideration of other sites, including sites located upon a state highway or operating on an irregular in-person instructional schedule, without prejudice to future action; and WHEREAS, the City Council finds that reducing vehicle speeds in school zones materially reduces both the likelihood and the severity of collisions involving pedestrians, and that a prima facie speed limit of twenty (20) miles per hour in the City’s school zones is reasonable, appropriate, and necessary for the protection of the public health, safety, and welfare; and WHEREAS, the City Council desires to exercise the authority conferred by Vehicle Code section 22352.5 in advance of the January 1, 2031 statewide operative date in order to obtain the safety benefits of the lower speed limit at the earliest practicable time; and WHEREAS, the adoption of this Resolution and the installation of associated regulatory and warning signage is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15301 (Existing Facilities), section 15311 (Accessory Structures), and section 15061(b)(3) (Common Sense Exemption), in that the action consists of the establishment of a speed limit on existing streets and the installation of minor accessory signage, and it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTOLA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference as though fully set forth herein.
Section 2. Findings. Based upon the entire record before it, the City Council finds that a prima facie speed limit of twenty (20) miles per hour in the school zones associated with the school sites identified in Exhibit A is reasonable and appropriate for the protection of school children and other pedestrians, and that the City is authorized to determine and declare that limit by resolution pursuant to Vehicle Code section 22352.5 without an engineering and traffic survey.
Section 3. Declaration of Twenty (20) Mile Per Hour Prima Facie Speed Limit. Pursuant to Vehicle Code section 22352.5, the City Council hereby determines and declares a prima facie speed limit of twenty (20) miles per hour in the school zones associated with the school sites identified in Exhibit A, attached hereto and incorporated herein by this reference. This declaration applies to all lanes of an affected street and in both directions of travel.
Resolution No. 2668 August 26th, 2026
Section 4. Definition of School Zone. For purposes of this Resolution, “school zone” means an area of a highway within 500 feet of school grounds in any direction, unless otherwise posted, marked with appropriate signs giving notice of the area, consistent with Vehicle Code section 22352.5, subdivision (b), and the definition of that term set forth in Vehicle Code section 22352 as added by Section 2 of Assembly Bill 382 (Stats. 2025, ch. 555).
Section 5. Signage Authorized; Effectiveness. The City Manager, or designee, is hereby authorized and directed to determine the appropriate locations for, and to cause to be erected and maintained, regulatory speed limit signs and school warning signs conforming to the California Manual on Uniform Traffic Control Devices giving notice of the speed limit declared by this Resolution. Consistent with Vehicle Code section 22352, the prima facie speed limit declared by this Resolution shall become effective at each location only upon the erection of such signs at that location. Nothing in this Resolution requires the installation of signs at any location or by any date; signs may be installed in phases as staffing, materials, and funding permit, and this Resolution constitutes the City Council’s standing authorization for such installation without further Council action.
Section 6. Streets Under the Jurisdiction of Other Agencies; Coordination with Plumas County. The prima facie speed limit declared by this Resolution applies only to streets under the jurisdiction of the City. Portions of streets within a school zone that are under the jurisdiction of another public agency, including Lake Davis Road north of Joy Way, are not subject to this Resolution, and nothing in this Resolution obligates the City to install or maintain signs upon those segments. The City Manager, or designee, is authorized to coordinate with the County of Plumas and the Plumas County Transportation Commission regarding the review, installation, and maintenance of school zone signage and crosswalks within and adjacent to the school zones associated with the school sites identified in Exhibit A, to consent on behalf of the City to such review and installation, and to request that the County of Plumas consider declaring a corresponding twenty (20) mile per hour prima facie speed limit upon segments under its jurisdiction.
Section 7. Enforcement. The speed limit established by this Resolution shall be enforceable by the law enforcement agency providing police services to the City and every law enforcement agency, including the State of California Highway Patrol, that has jurisdiction to enforce the Vehicle Code within the City upon the erection of the required signs. Consistent with Vehicle Code section 40802, enforcement within a school zone through the use of radar or other electronic speed-measuring devices is not subject to the engineering and traffic survey requirements applicable to other speed limits.
Section 8. Administrative Implementation. The City Manager, or designee, is authorized and directed to notify the law enforcement agency providing police services to the City and every law enforcement agency, including the State of California Highway Patrol, that has jurisdiction to enforce the Vehicle Code within the City and the affected school districts and charter operators of this Resolution, to maintain a record of sign locations installed pursuant to Section 5, and to update Exhibit A administratively to reflect the opening, closing, or relocation of school sites within the City.
Resolution No. 2668 August 26th, 2026
Section 9. CEQA. The City Council finds that this Resolution is exempt from CEQA as set forth in the recitals above, and directs staff to file a Notice of Exemption with the Plumas County Clerk if deemed appropriate.
Section 10. Sunset; Future Review. The City Council acknowledges that Vehicle Code section 22352.5 is repealed as of January 1, 2031, and directs staff to review this Resolution and the City’s school zone signage prior to that date to ensure continued conformity with Vehicle Code section 22352 as it will read on and after January 1, 2031.
Section 11. Severability. If any provision of this Resolution, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Resolution, and the application of that provision to other persons or circumstances, shall not be affected. The City Council declares that it would have adopted each section, subsection, sentence, clause, and phrase of this Resolution irrespective of the invalidity of any other portion.
Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption, subject to the signage requirements set forth in Section 5.
PASSED, APPROVED AND ADOPTED this 26th day of August 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William Powers, Mayor
ATTEST:
_______________________________
Kristen Schiavone, Deputy City Clerk
I, Kristen Schiavone, 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 August 26th, 2026.
________________________________
Kristen Schiavone, Deputy City Clerk
Resolution No. 2668 August 26th, 2026
EXHIBIT A
SCHOOL SITES WITHIN THE CITY OF PORTOLA
A prima facie speed limit of twenty (20) miles per hour applies in the school zone associated with each of the following school sites, effective at each location upon the erection of signs giving notice thereof:
School Site Address
C. Roy Carmichael Elementary School 895 West Street, Portola, CA 96122 Portola Junior-Senior High School 155 6th Avenue, Portola, CA 96122 Notes:
1. Each school zone consists of the area of any street within 500 feet of the associated school grounds in any direction, unless a lesser area is posted and marked with appropriate signs.
2. School warning signs and speed limit signs shall be installed in conformance with the California Manual on Uniform Traffic Control Devices. Sign locations shall be determined administratively pursuant to Section 5 of this Resolution.
3. This Exhibit may be updated administratively pursuant to Section 8 of this Resolution to reflect the opening, closing, or relocation of school sites within the City.