CITY COUNCIL AGENDA CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA APRIL 2, 2013, 5:30 P.M.

Call to Order Roll Call Adjourn to a Joint Meeting of the Porterville City Council and Successor Agency to the Porterville Redevelopment Agency.

JOINT CITY COUNCIL / SUCCESSOR AGENCY TO THE PORTERVILLE REDEVELOPMENT AGENCY AGENDA

291 N. MAIN STREET, PORTERVILLE, CA

Roll Call: Agency Members/Chairman ORAL COMMUNICATIONS

This is the opportunity to address the City Council and/or Successor Agency on any matter scheduled for Closed Session. Unless additional time is authorized by the Council/Agency, all commentary shall be limited to three minutes. JOINT CITY COUNCIL/AGENCY CLOSED SESSION: A. Closed Session Pursuant to:

1- Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: County of Tulare v. All Persons Interested in the Matter of the Addition of the 2010 Amendment to Redevelopment Plan for the Redevelopment Project Area No. 1, as Adopted by Ordinance 1765 on June 15, 2010, by the City of Porterville, et al., Tulare County Superior Court Case No. 249877.

During Closed Session, the Joint Council/Successor Agency Meeting shall adjourn to a Meeting of the Porterville City Council. CITY COUNCIL CLOSED SESSION: B. Closed Session Pursuant to:

1- Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. County of Tulare et al., Tulare County Superior Court No. 249043. 2- Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Dinuba et al. v. County of Tulare et al., Tulare County Superior Court Case No. 11-243161. 3- Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 302-110-076. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and the United States Department of Agriculture – Forest Service. Under Negotiation: Terms and Price. 4- Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis. Employee Organization: All Unrepresented Management Employees. 5- Government Code Section 54956.95 – Liability Claims: Claimant: Central Valley Mortgage Service and its insurer Federal Insurance Company. Agency claimed against: City of Porterville. 6 - Government Code Section 54956.9(d)(2) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three cases concerning facts not yet known to potential plaintiffs.

6:30 P.M. RECONVENE OPEN SESSION

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REPORT ON ANY COUNCIL ACTION TAKEN IN CLOSED SESSION Pledge of Allegiance Led by Vice Mayor Pete V. McCracken Invocation PROCLAMATIONS Muscular Dystrophy Association’s “Fill the Boot” Child Abuse Awareness Prevention Month PRESENTATIONS

Employee of the Month – Michael Brodbeck Outstanding Business Presentation

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

1. Council of Cities – March 27, 2013 2. Consolidated Waste Management Authority (CWMA) – March 21, 2013 3. Tulare County Economic Development Corporation - March 27, 2013

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

I. City Commission and Committee Meetings: 1. Arts Commission 2. Youth Commission

ORAL COMMUNICATIONS

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

All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar.

1. Minutes of February 12, 2013

2. Pre-Selection of Raw Sewage Pumps (RSP) & Variable Frequency Drives (VFD)

Re: Considering acceptance of the Pre-Selection Matrix as presented by Carollo Engineers; authorization to execute Pre-Procurement documents; authorization to pay 10% of the contract amount; and direction to bring back an item requesting authorization to advertise for bids to install four influent pumps and companion VFDs at the Wastewater Treatment Plant.

3. Award of Contract – 2013/2014 Fiscal Year Micro-Surfacing Project Re: Considering awarding contract in the amount of $560,000.00 to Intermountain Slurry Seal, Inc. of Reno, Nevada, for the project consisting of the installation of a durable thin asphalt overlay on several streets within the City.

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4. Intent to Vacate Easements for Temporary Turn Around and Temporary Drainage Reservoir

Related to the Development of Summit Heritage Villas Subdivision (Nicholson & Smee) Re: Considering approval of a Resolution of Intent to Vacate Easements for easements generally located west of Mathew Street and south of Olive Avenue along Clare Avenue and the future Lombardi Street alignment; and the scheduling of a public hearing on May 7, 2013.

5. Approval of Fourth Amendment to the Joint Powers Agreement between the City of Porterville and Tulare County Health and Human Services Agency Re: Considering approval of the Fourth Amendment to a Joint Powers Agreement for the continuation of a Household Hazardous Waste Collection Facility in Porterville.

6. Request to Accept NRA Foundation Grant Award Re: Considering authorization to accept NRA Foundation Grant funding in the amount of $19,000 for improvement to the City’s Firearms Training Facility.

7. Sale of Surplus Vehicles to Porterville College Re: Considering approval of the sale of a 2005 Ford Crown Victoria sedan, and a 2006 Ford Crown Victoria sedan to Porterville College for the sum of $1.00 each.

8. Approval for Community Civic Event – Boy Scouts of America – Scouting Recruitment Fair – April 13, 2013 Re: Considering approval of an event to take place on Saturday, April 13, 2013, from 9:00 a.m. to 2:00 p.m. at Veterans Park.

9. Approval for Community Civic Event – Rollin’ Relics Car Club – Rollin’ Relics Car Show – May 4, 2013 Re: Considering approval of an event to take place on Saturday, May 4, 2013, from 7:00 a.m. to 4:00 p.m., in the northern section of Veterans Park.

10. Approval for Community Civic Event – Comision Honorifica Mexicana-Americana, Inc. - Cinco de Mayo Parade and Fiesta – May 4, 2013 Re: Considering approval of an event to take place on Saturday, May 4, 2013, from 7:00 a.m. to 5:00 p.m. on Main Street.

11. Council Member Requested Agenda Item – Request for the City Council to Consider Identifying Areas in the City for Potential Pocket Parks to Recommend to the Parks & Leisure Services Commission for Review Re: Considering authorization to schedule on the April 16th Agenda the consideration of potential pocket park locations for recommendation to the Parks and Leisure Services Commission

12. Council Member Requested Agenda Item – Request for the City Council to Consider an Analysis of Porterville Municipal Library Users to Develop or Plan for Literacy Services in Under-Served Areas of the Community Re: Considering authorization to schedule on the April 16th Agenda the consideration of an analysis of Porterville Library users to develop or plan for literacy services in underserved areas.

13. Review of Local Emergency Status Re: Reviewing the City’s status of local emergency pursuant to Article 14, Section 8630 of the California Emergency Services Act.

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A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible SCHEDULED MATTERS 14. Annual Adjustment of Fees by Application of the ENR Cost Index

Re: Consideration of the implementation of the ENR Cost Index auto escalator for fiscal year 2013/2014 relative to development impact fees.

Adjourn to a Joint Meeting of the Porterville City Council, the Porterville Public Improvement Corporation, and the Porterville Public Financing Authority.

AGENDA FOR A JOINT MEETING OF THE PORTERVILLE CITY COUNCIL,

THE PORTERVILLE PUBLIC IMPROVEMENT CORPORATION, AND THE PORTERVILLE PUBLIC FINANCING AUTHORITY

291 N. MAIN STREET, PORTERVILLE, CA 93257 Roll Call: Porterville Public Improvement Corporation Directors/President Porterville Public Financing Authority Members/Chairperson WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS JOINT SCHEDULED MATTER PIC/PFA01. Refinancing 2005 Certificates of Participation (COP) Re: Consideration of the refunding of the 2005 COP through a direct lending structure with

Rabobank. Adjourn to a meeting of the Porterville City Council. ORAL COMMUNICATIONS OTHER MATTERS CLOSED SESSION

Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time. ADJOURNMENT - to the meeting of April 16, 2013. In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet. Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

ADJOURNED CITY COUNCIL MINUTES CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA FEBRUARY 12, 2013, 5:00 P.M.

Called to Order at 5:00 p.m. Roll Call: Council Member Ward, Council Member Shelton, Council Member Hamilton, Vice

Mayor McCracken, Mayor Gurrola

The Council adjourned to a Joint Meeting of the Porterville City Council and Successor Agency to the Porterville Redevelopment Agency.

JOINT CITY COUNCIL / SUCCESSOR AGENCY TO THE PORTERVILLE REDEVELOPMENT AGENCY MINUTES

291 N. MAIN STREET, PORTERVILLE, CA Roll Call: Agency Member Ward, Agency Member Shelton, Agency Member Hamilton, Vice

Chair McCracken, Chair Gurrola ORAL COMMUNICATIONS None JOINT CITY COUNCIL/AGENCY CLOSED SESSION: A. Closed Session Pursuant to:

1- Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: County of Tulare v. All Persons Interested in the Matter of the Addition of the 2010 Amendment to Redevelopment Plan for the Redevelopment Project Area No. 1, as Adopted by Ordinance 1765 on June 15, 2010, by the City of Porterville, et al., Tulare County Superior Court Case No. 249877.

During Closed Session, the Joint Council/Successor Agency Meeting shall adjourn to a Meeting of the Porterville City Council. CITY COUNCIL CLOSED SESSION: B. Closed Session Pursuant to: 1- Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation:

City of Porterville v. County of Tulare et al., Tulare County Superior Court No. 249043. 6:12 P.M. RECONVENE OPEN SESSION REPORT ON ANY COUNCIL ACTION TAKEN IN CLOSED SESSION It was reported that there was no reportable action taken. Pledge of Allegiance Led by Mayor Gurrola Invocation – the Mayor participated. ORAL COMMUNICATIONS

Ellen Nichols, Porterville, promoted a concert to take place on February 19, 2013, at 7:00 p.m., at the Congregational Church on 4th and Mill.

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SCHEDULED MATTER 1. Consideration of Tulare County Association of Governments (TCAG) “Measure R”

Expenditure Plan Proposed Amendment No. 3

City Manager Lollis introduced the item as a public outreach meeting to discuss and seek public input regarding TCAG’s consideration and preparation of the third amendment to the Measure R Expenditure Plan. He added that presentations would be given by Mr. Ted Smalley, TCAG Director, and City staff.

Mr. Smalley’s Measure R Potential Expenditure Plan Amendment Three presentation provided

information on the following: a Measure R summary; the Local Program; the Transit/Bike/Environmental Program; the Regional Program; and the Expenditure Plan Amendment. He reviewed the schedule for Amendment Three consideration, and provided a summary of agency requests.

Following his presentation he addressed questions regarding TCAG composition and voting

requirements to pass an amendment. City Engineer Mike Reed gave a brief presentation which covered the distribution of Measure R

tax revenues, and the City’s Regional Transportation Amendment and Transit/Bike/Environmental Amendment proposals.

Following the presentations Mr. Smalley and City staff addressed questions regarding: the west

side rail right-of-way; the proposed projects; the 190 Corridor; funding for LED crosswalks; bike lanes; and the publicizing of community outreach efforts.

Public comments were then accepted.

Armando Silva, 33 S. Corona, President of Southern Sierra Cyclists, spoke of the importance of safe conditions for children riding bikes to school; and encouraged use of Share the Road signage.

Christie Noble, 167 Carmelita, stated that her 17-year old son was afraid to ride his bike in town, and

requested the installation of more bike lanes.

Scott Noble, 167 Carmelita, would like to see an increase in bike lanes, specifically along Plano Street and Henderson Avenue.

Ellen Nichols, Porterville, indicated that as a frequent pedestrian she was concerned with a lack of

safe walkways; and spoke of the difference between recreational and transportation bike ways.

ORAL COMMUNICATIONS None OTHER MATTERS

Council Member Hamilton spoke of the passing of Porterville resident Mike Severo, and requested that condolences be sent to his family.

Mayor Gurrola thanked Mr. Smalley for coming to give his presentation.

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ADJOURNMENT

The Council adjourned at 7:24 p.m., to the meeting of February 19, 2013, at 5:30 p.m. SEAL ______________________________ Luisa M. Herrera, Deputy City Clerk ______________________________ Virginia R. Gurrola, Mayor