Porterville City Council
May 17, 2022

Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.

The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.

B.3 VERIFIABLE DATA.

Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:

LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664

The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.

The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

Reasonable indirect costs may be allowable upon approval by the Division.

B.5 LINE ITEM ADJUSTMENTS.

Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.

Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.

B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:

1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.

2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.

3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.

4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.

Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.

5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.

6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.

7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date

2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.

3. Acknowledgements.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

5. [RESERVED]

6. [RESERVED].

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.

2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.

3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.

4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.

Environmental:

1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.

2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

8. [RESERVED].

9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

10. [RESERVED].

11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

12. [RESERVED].

13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].

16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.

19. Access and Inspection. In addition to the obligations set forth in section 2 of the General Terms and Conditions incorporated in Exhibit C of this Agreement, the Recipient must ensure that the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during the term of the Agreement.

20. Fraud, Waste, and Abuse. The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.

21. Disputes. The Recipient must continue with the responsibilities under this Agreement during any dispute.

The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.

This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

22. Additional Representations and Warranties. The Recipient makes the following representations and warranties:
a. [RESERVED].
b. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application, a material fact that makes the statements in its application not misleading.
c. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
d. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the Cover Page.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph. k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.

23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).

Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Assembly Bill 481 - Law Enforcement Military Equipment: Funding, Acquisition, and Use
SOURCE: Police
COMMENT: Ordinance Adopting an Equipment Use Policy per CA Assembly Bill No. 481 Assembly Bill 481, codified by Government Code sections 7070 through 7075 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by Ordinance, prior to the LEA funding, acquiring, or using military equipment.

The Porterville Police Department seeks City Council adoption of the attached Military Equipment Use Policy –704 (Attachment 1), in order to allow the Department to continue to use the vital equipment specified therein.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance public safety and Officer safety. Loss of these items would jeopardize the welfare of the residents of Porterville and Officers within the Department.

The term “military equipment”, as used in AB 481, in fact, does not necessarily indicate equipment that has been used by the military. Attached to this staff report is an inventory/ list of the Department’s military equipment, as defined by AB 481. The definition of “military equipment” includes items such as unmanned, remotely piloted aerial or ground vehicles, armored personnel carriers, and other vehicles, breaching apparatuses, certain types of firearms and ammunition, explosive breaching tools, and certain projectile launching platforms. Other items deemed to be “military equipment” via AB 481 include foundational equipment such as rifles. These rifles allow Officers to address lethal threats from a greater distance and with greater precision.

For clarification, AB 481 does not permit the City to utilize aircraft vessels or vehicles that inherently contain weaponry; crew-served/large caliber (.50 or greater) weapons and ammunition; military uniforms; and explosives or pyrotechnics of any kind. Furthermore, aircraft and vehicles are “de-militarized (meaning specific military technology and communication equipment) are removed prior to transfer to law enforcement agencies".

The Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Porterville. Many of the items deemed to be “military equipment” by AB 481 are in fact employed by the Department, and LEA’s across the country, in order to specifically reduce risk to community members. These items provide Police Officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide the Department’s Officers with vital tools that facilitate compliance with its stringent use of force policy.

The proposed Ordinance seeks to approve the Department’s Policy 704, which constitutes the Department’s Military Equipment Use Policy. Department Policy 704 outlines each item identified in Government Code section 7070, which is currently owned by the City. The Policy also includes the current use and cost of each item (Attachment 2). These particular items, and their stated uses, have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “military equipment,” if not previously authorized by the Ordinance and/or Policy, will require a further public meeting, policy update, and Council approval.

The proposed Ordinance and Policy 704 safeguards the public’s welfare, safety, civil rights, and civil liberties. The Policy 704 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, Policy 704 requires that the Department’s Investigations/Services Lieutenant will ensure that the Department complies with Policy 704. The Department will conduct an annual audit of military equipment. Members of the public are provided direction per the Policy on how to register complaints for violations. All items which result in a use of force will be investigated, as is already required by existing Department policy.

There are no reasonable alternatives to the items listed below. The Department has not discovered alternative items that can achieve the same objectives of Officer and public safety. Each item’s necessity is further described below:

Unmanned remotely piloted powered aerial vehicle:

Unmanned Aerial Vehicle systems (UAVs) are necessary as they provide visibility to high-risk locations. Without the use of UAVs, Officers would have to deploy to high-risk locations, which would increase the risk to the Officers and members of the public. The UAV system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in oftentimes crowded spaces. There are no known alternatives that could be used to safely access these locations.

Unmanned remotely controlled ground vehicle:

Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send an Officer. This system can also be used to defuse or move potentially hazardous items. Not having access to this item would require the use of Officers to engage in high-risk tasks. There is no known alternative to this system.

Armored personnel carriers, Lenco Bearcat, wheeled vehicles that have a breaching or entry apparatus:

Armored vehicles are used to provide ballistic protection to Officers and the public during rescue, critical incidents, and other hazardous situations. These vehicles allow Officers closer access to high-risk situations while substantially reducing the physical risk to the Officers and members of the public. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles:

The mobile incident command vehicle is an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio-visual devices to assist in the command and control of DUI checkpoints. This vehicle allows for mobile incident command of DUI checkpoints and use of the Incident Command Systems facilitating the best possible on-scene decision-making by key leaders. It provides for mobility, sheltering, logistical support, restroom facilities, and power. There is no known alternative for the mobile incident command vehicle, which provides the same amount of mobility and support at one location in a quick deploying package.

Specialized firearms and ammunition including assault weapons:

Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable Officers, when in compliance with the Department’s Use of Force Policy, to address medium to long-distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow Officers precision shot placement, minimizing the risk to Officers and innocent members of the public. There are no known alternatives to these weapons that will provide the same level of distance or precision.

Flash bangs:

Flash bangs are used as a distraction device in order to disorient or divert the suspect’(s) attention away from Officers. This can allow Officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to Officers and members of the public. These devices can often lead to a safer resolution and allow Officers to take a suspect into custody without force. There is no known alternative to a flash bang when it is necessary.

Tear gas:

Tear gas is a less-lethal method used to address violent or riotous crowds when there is a risk of physical safety. It is also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to Officers. Tear gas allows Officers to deploy a less-lethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford Officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.
40mm projectile launchers and bean bag shotguns:

The 40mm launcher affords the ability to use less-lethal chemical agents and impact munitions. This allows Officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable.

The bean bag shotgun also allows Officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less-lethal weapon systems.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide Officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.

The Department is also required to seek governing body approval before collaborating with another law enforcement agency in the deployment or use of military equipment within the governing body’s territorial jurisdiction. AB 481 requires that at least thirty (30) days prior to adoption of the Ordinance, the City must make its proposed policy available on the City’s/Department’s internet website.

RECOMMENDATION: That the City Council:

1. Consider approval of the draft Ordinance establishing a Military Equipment Use Policy.

ATTACHMENTS: 1. Draft Ordinance

2. Assembly Bill No. 481

3. Porterville Police Department AB 481 Inventory
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

ORDINANCE NO. _______

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE REGARDING POLICE ACQUISITION AND
USE OF “MILITARY EQUIPMENT”
WHEREAS, California Assembly Bill 481, codified at Government Code Sections 7070 through 7075 requires the Porterville Police Department to obtain approval from the City Council, via adoption by ordinance, of its “military equipment” use policy, prior to funding, acquiring, or using “military equipment”;
WHEREAS, items defined as “military equipment” under AB 481 have been tested in the field and are used to enhance citizen and officer safety and as a component of overall best practices for law enforcement agencies through the country;
WHEREAS, the City Council finds that the “military equipment” is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, the City Council finds that the proposed “military equipment” use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; WHEREAS, under the policy made effective via this ordinance, any purchasing of the equipment shall be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
WHEREAS, the City Council finds that prior “military equipment” use complied with the Police Department’s Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action was been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, as a precondition to funding, acquisition or use of “military equipment,” the City has followed the approval procedures required by AB 481, including the posting of the proposed policy at least 30 days prior to final adoption of this ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. Name of Ordinance. This Ordinance shall be known as the Military Equipment Use Ordinance.

SECTION 2. Definitions
A. “Military Equipment” includes all of the following (Per CA Gov. Code §7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Porterville.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Porterville Police Department.

D. “City Council” means the governing body that is the Porterville City Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Certain Circumstances / Exigent Circumstances" means the Porterville Police Department works closely with local, county, state, and federal partners. In certain and/or exigent circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. Exigency means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

SECTION 3. Military Equipment Use Policy and Requirements.

A. The Military Equipment Use Policy is attached to this Ordinance as Exhibit “A.” B. The Porterville Police Department is required to obtain approval of the City Council, by this ordinance adopting the Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Porterville.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this Ordinance.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

C. If seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, no later than May 1, 2022, the Porterville Police Department shall have commenced a City Council approval process in accordance with this section. The City Council did so on April 5, 2022. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Porterville Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

D. In seeking the approval of City Council, the Porterville Police Department shall have submitted a proposed Military Equipment Use Policy to City Council and shall have made those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

E. The City Council shall have considered a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provided for public comment in

accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

F. The City Council shall have only approved a Military Equipment Use Policy pursuant to this Ordinance if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

G. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

H. The City Council shall review this Ordinance (and any other ordinance, if applicable) that it has adopted approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

SECTION 4. Use in Exigent Circumstances
A. Notwithstanding the provisions of this Ordinance, the Police Department may acquire, borrow and/or use Military Equipment in certain and/or Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

SECTION 5. Reports on the Use of Military Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the

authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

SECTION 6. Enforcement.

A. Remedies for Violations of this Ordinance

1. This Ordinance does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Ordinance.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City’s website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney’s fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees.

SECTION 7. Whistleblower Protections. All provisions of Porterville’s employee and work place policies related to protections of whistleblowers and protection from illegal retaliation, and including any updates or replacements thereto, shall apply.

SECTION 8. Severability.

A. If any section, subsection, sentence, clause, phrase, or word of this Ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Ordinance.

B. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional. ///
///
///
///
///

SECTION 9. Effective Date. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

PASSED, APPROVED AND ADOPTED this _______day of_____________, 2022.

_________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
_________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Policy
704
Porterville Police Department
Porterville PD Policy Manual
Copyright Lexipol, LLC 2022/02/23, All Rights Reserved.

Published with permission by Porterville Police Department Military Equipment - 481
Military Equipment
704.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
704.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

EXHIBIT A
Porterville Police Department
Porterville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/23, All Rights Reserved.

Published with permission by Porterville Police Department Military Equipment - 482
704.2 POLICY
It is the policy of the Porterville Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 704.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Porterville Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
704.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department: See attachment: Military Equipment (1).xlsx
704.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Porterville Police Department
Porterville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/23, All Rights Reserved.

Published with permission by Porterville Police Department Military Equipment - 483
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 704.6 COORDINATION WITH OTHER JURISDICTIONS
The Porterville Police Department works closely with local, county, state, and federal partners. In certain circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members.

If the Police Department acquires, borrows, or uses military equipment in approved circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such circumstance unless such information is confidential or privileged under local, state or federal law.
704.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 704.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Policy
704
Porterville Police Department
Porterville PD Policy Manual
Copyright Lexipol, LLC 2022/02/23, All Rights Reserved.

Published with permission by Porterville Police Department Military Equipment - 481
Military Equipment
704.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
704.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

EXHIBIT A
Porterville Police Department
Porterville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/23, All Rights Reserved.

Published with permission by Porterville Police Department Military Equipment - 482
704.2 POLICY
It is the policy of the Porterville Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 704.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Porterville Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
704.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department: See attachment: Military Equipment (1).xlsx
704.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Porterville Police Department
Porterville PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/23, All Rights Reserved.

Published with permission by Porterville Police Department Military Equipment - 483
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 704.6 COORDINATION WITH OTHER JURISDICTIONS
The Porterville Police Department works closely with local, county, state, and federal partners. In certain circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members.

If the Police Department acquires, borrows, or uses military equipment in approved circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such circumstance unless such information is confidential or privileged under local, state or federal law.
704.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 704.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Porterville Police Department Military Equipment Inventory 1 Type Armored vehicle
Description Commercially produced 2019 Ford wheeled armored personnel vehicle utilized for law enforcement purposes.

Quatity 1
Capabilities The Lenco Bearcat, G2, is an armored vehicle that seats 10‐12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The vehicle is equipped with a front mounted receiver for a ram post and plate, as well as a gas injector unit.

Expected lifespan 25 Years.

Manufacturer's description The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community.

Purpose and authorized uses To provide for the safe transport, security, and rescue of agency personnel and citizens in high‐risk incidents. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Fiscal impact $242,504 initial cost; $1,540 annual maintenance Legal and procedural rules It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Required training All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Compliance mechanisms Operational use under the review of the SWAT Commander or appropriate team supervisor.

Porterville Police Department
Porterville Police Department
Type Chemical Agents
Description Canisters that contain chemical agents that are released when deployed.

Quatity Speed Heat CS ‐(10) / Flameless Tri‐Chamber CS‐(9) / Triple Chaser CS‐(9) / 37mm OC‐(15) / 37mm CS‐(4) /White Smoke 5210‐ (2)
Capabilities The Spede‐Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20‐40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. The design of the Tri‐Chamber Flameless CS Grenade allows the Expected lifespan 5 years from manufacturers date
Manufacturer's description Defense Technologies: Defense Technology offers a complete range of less lethal products and solutions to law
enforcement professionals. A full-line manufacturer, Defense Technology’s premier product lines are grouped into five categories including aerosols, impact munitions, distraction Purpose and authorized uses
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: I.  Self‐ destructive, dangerous and/or combative individuals. ii.

Riot/crowd control and civil unrest incidents. iii.     Circumstances where a tactical advantage can be obtained. iv.     Potentially vicious animals. v.     Training exercises or approved
demonstrations.

Fiscal impact No annual maintenance
Legal and procedural rules
It is the policy of the PPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.

Compliance mechanisms
Operational use under the review of the SWAT Commander or appropriate team supervisor and governed under PPD Policy 404‐Special Weapons and Tactics.

Porterville Police Department
Porterville Police Department
Type DUI Command Post Vehicle
Description Elite II 24' Enclosed 2 axle Cargo Trailer
Quatity 1
Capabilities
The DUI mobile command center can also be utilized for other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Expected lifespan The mobile command center, 20‐year lifespan on chassis and vehicle structure. Upgrades may be needed in 7 years to maintain IT systems.

Manufacturer's description 24' enclosed 2 axle cargo trailer Purpose and authorized uses Primarily a DUI Trailer to be used based on DUI checkpoints. Can be utilized under specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Fiscal impact Initial cost of $38,200.34; Annual maintenance cost of $1,581.00 Legal and procedural rules It is the policy of the Department to use the DUI mobile command center only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Required training The driver/operator shall receive training in the safe handling of the vehicle on a closed training course.

Compliance mechanisms Operational use under the review of the Patrol Division Commander, Watch Commander or appropriate team supervisor and governed under PPD Policy 703‐Vehicle Use.

Porterville Police Department
Porterville Police Department
Type 37 MM Launchers and Rounds
Description
37 MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds or chemical agents.

Quatity

1. Penn Arms 37MM Multi Launcher

1.Tru Flite 37MM super long range gas gun single shot launcher Capabilities The Penn Arms 37MM Multi Launcher is a tactical launcher that features a fixed stock and iron sights. It will fire standard 37mm less lethal ammunition.

The Tru Flite 37MM single shot launcher features a hardwood stock  with rubber shoulder pad and rear sites.

Expected lifespan 25 Years
Manufacturer's description Less lethal 37 MM launchers allow for personnel to introduce less lethal munitions from a safe distance. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De‐ escalation.

Purpose and authorized uses
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self‐destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal impact No annual maintenance
Legal and procedural rules
It is the policy of the Department to utilize the 37 mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required training Sworn members utilizing 37 MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agents instructors.

Compliance mechanisms
Operational use under the review of the SWAT Commander or appropriate team supervisor and governed under PPD Policy 404‐ Special Weapons and Tactics.

Porterville Police Department
Porterville Police Department
Type Distraction Device (Flash Bang)
Description A distractionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high‐risk arrest situations.

Quantity 17
Capabilities
A non‐bursting, non‐fragmenting multi‐bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high‐risk arrest situations.

Expected lifespan Until used or expired.

Manufacturer's description A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high‐risk arrest situations.

Purpose and authorized uses
To produce atmospheric over‐pressure and brilliant white light and, as a result, can cause short‐term (6 ‐ 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage. Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high‐risk situations where their use would enhance officer safety.
v. During training exercises.

Fiscal impact No annual maintenance
Legal and procedural rules It is the policy of the PPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Required training Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors.

Compliance mechanisms
Operational use under the review of the SWAT Commander or appropriate team supervisor and governed under PPD Policy 404‐ Special Weapons and Tactics.

Porterville Police Department
Porterville Police Department
Type Rifles
Description Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Quatity 66 AR‐15/M4 Rifles
Capabilities Precision shooting at greater distances than offered by the issued handgun.

Expected lifespan 15 years.

Manufacturer's description The AR‐15 is a lightweight, magazine‐fed, gas‐operated semi‐ automatic rifle.

Purpose and authorized uses To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal impact No cost maintencance; only cost of ammunition Legal and procedural rules It is the policy of the PPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Required training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

Compliance mechanisms Operational use governed by PPD Policy 306‐Firearms.

Porterville Police Department
Porterville Police Department
Type Robot
Description Robotex Avatar is an unmanned machine operating on the ground utilized to enhance the safety to the community and officers.

Quatity 1
Capabilities
The Robotex Avatar is a heavy‐duty robot. The robot  offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations.

Expected lifespan 8‐10 Years
Manufacturer's description
The Avatar enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation.

Purpose and authorized uses Only assigned operators who have completed the required training shall be permitted to operate the robots.

Fiscal impact No annual maintenance
Legal and procedural rules
It is the policy of the Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Required training All operators shall attend formalized instruction and be trained in robot operations and practical robot instruction.

Compliance mechanisms
Operational use under the review of the SWAT Commander or appropriate team supervisor and governed under PPD Policy 404‐ Special Weapons and Tactics.

Porterville Police Department
Porterville Police Department
Type Less Lethal Shotgun
Description Less Lethal Shotgun is used to deploy the less lethal 12‐gauge Beanbag Round.

Quatity 2
Capabilities
The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12‐gauge Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De‐escalation.

Expected lifespan 15 years
Manufacturer's description
The Remington Model 870 is a pump‐action shotgun, widely used by the public for shooting sports, hunting and self‐defense, as well as by law enforcement and military organizations worldwide.

Purpose and authorized uses
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self‐destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal impact No Annual Maintenance
Legal and procedural rules
It is the policy of the PPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required training All officers utilizing the shotgun are trained in the 12 gauge less lethal shotgun as a less lethal option by in‐service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Compliance mechanisms
Operational use under the review of the SWAT Commander, appropriate team supervisor or Watch Commander and governed under PPD Policy 404‐Special Weapons and Tactics.

Porterville Police Department
Porterville Police Department
Type Unmanned Aircraft Vehicle (UAV)
Description An unmanned aircraft along with the associated equipment necessary to control it remotely.
(2) DJI Mavic 2 Enterprise Dual
(2) DJI Mavic 2 Enterprise Zoom
(1) DJI Mini 2 Fly more
Quatity 5
Capabilities
Records video and audio with an estimated flight time of 30 minutes Expected lifespan 3‐5 years.

Manufacturer's description Drone (5) Mini (1)
Purpose and authorized uses
Fiscal impact Initial Cost $18,440.77; Annual maintenance estimated at $1,760. (batteries/propellers)
Legal and procedural rules Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic Mini during approved missions.

Required training
All Department UAV operators are licensed by the Federal Aviation Administration for UAV operation. In addition, each operator must attend in‐service training to become proficient in UAV operation prior to flight and attend monthly Department training.

Compliance mechanisms Operational use is under the review and supervision of the patrol watch commander, governed under PPD Policy 604‐Unmanned Aerial System as well as FAA Part 107.

Porterville Police Department
Item No. 17.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City of Porterville's Water Conservation Plan is structured in an effort to provide mandated conservation results, reduce the overall residential consumption, and continue to provide uninterrupted services to the community without compromising the operation of the City's water distribution system. The City has been operating through the winter months in Phase IV of the City's Water Conservation Plan. As part of the Phase IV implementation, the City reduced watering days through the winter months, to a one day per week watering schedule, based on address. If an address ends with an "odd" number, the watering day is Saturday; if an address ends with an "even" number, the watering day is Sunday. Watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Tuesday, Wednesday, Thursday, or Friday.

Conservation reduction guidelines presented in past Executive Orders and subsequent regulations adopted by the State Water Resources Control Board encourage conservation as a way of life. Taking into consideration the State Waterboards Self-Certification criteria for the City, the City Council approved maintaining a self-imposed conservation standard of twenty-six percent (26%) less than the production of 2013. The continuation of the current conservation goals keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City toward meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

In response, the City has developed a Conservation Plan that has been effective while still allowing some flexibility throughout the community. The City's Conservation Plan is an Odd/Even watering schedule composed of Five Phases; Phase I is a Voluntary 3-Day Watering a week Schedule; Phase II, is a Mandatory 3-Day Watering a week Schedule; Phase III, is a Mandatory 2-Day Watering a week Schedule; Phase IV, is a Mandatory 1-Day Watering week Schedule; and Phase V, is a No Outdoor Watering schedule.

Through the implementation of mandatory conservation, the City has been able to maintain a cumulative GPCD conservation total reduction of twenty-five Item No. 17.
percent (25%) from June 2015 through April 2022. In order to maintain conservation reductions while providing flexibility to local residents, it is the staff's recommendation that the seasonal changes in the temperature be evaluated and the need to transition from Phase IV to Phase III of the City's Water Conservation Plan (a Mandatory odd/even 2-day watering week schedule). Staff recommends Council conduct a Public Hearing to discuss moving to Phase III of the City's Water Conservation Plan, which adds an additional day to the watering schedule for outdoor landscape. Phase III is a Mandatory odd/even 2-day watering week schedule. Odd addresses would be allowed to water on Tuesday and Saturday and even addresses on Wednesday and Sunday. The City's Water Conservation Plan applies to all water users within the City's service area. Given the ongoing historic drought conditions, it is staff's recommendation to commence with Phase III effective June 1, 2022, and continue this watering schedule through the summer and fall months until September 30, 2022. On October 1, 2022, the City would then transition back to Phase IV of the City's Water Conservation Plan (a Mandatory 1-day watering week schedule).

RECOMMENDATION: That City Council:

1. Conduct a Public Hearing to consider the transition from Phase IV to Phase III of the City's Water Conservation Plan effective June 1, 2022; and

2. Consider directing staff to transition from Phase III to Phase IV effective October 1, 2022.

ATTACHMENTS: 1. Drought Response Phase III Flyer

2. Drought Response Phase IV Flyer

3. Monthly Production Status: April 2022

4. Monthly Production Status GPCD: April 2022

5. Tulare Basin Precipitation Chart

6. Average Standing Water Level and Production Capacity Chart
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.

OR
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through April 2022 Production Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through April 2022 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG
Tulare Basin Precipitation: 6-Station Index, May 05, 2022 Oct 1 Nov 1 Dec 1 Jan 1 Feb 1 Mar 1 Apr 1 May 1 Jun 1 Jul 1 Aug 1 Sep 1 Oct 1 Water Year (October 1 - September 30)
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 28.3 Average (1991-2020)

10.9 1976-1977 Daily Precip (2nd driest)

56.2 1982-1983 Daly Precip (2nd wettest)

56.3 1968-1969 Daily Precip (wettest)

36.8 2018 - 2019 Daily Precip

18.6 2019 - 2020 Daily Precip

9.9 2020-2021 Daily Precip (driest)
Percent of Average for this Date: 61%
Current: 16.0
Balch PH
Giant Forest
Ash Mt.

Springville.

Pascoes
Isabella Dam
112
115
104
97 93
117
135
144
150
140 138
121
113
125
116
14,152
13,271
16,04316,66816,962
14,216
11,726
10,06910,157
11,541
12,388
14,04113,713
12,40612,423
-1,000
1,000
3,000
5,000
7,000
9,000
11,000
13,000
15,000
17,000
80 19,000
90 100
110
120
130
140
150
160
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 GPM Standing Water Level Average Standing Water Level & Production Capacity
Average Standing Water Level Average Capacity GPM
Item No. 18.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Consideration of Calling November 8, 2022, General Election; Requesting Consolidation of Election; and Setting Specified Services SOURCE: Administrative Services
COMMENT: As the City Council is aware, the City's next general election is set to take place on November 8, 2022. Two districts have representatives with terms expiring in 2022: Council Member Lawana Tate in District 1, and Council Member Milt Stowe in District 2. It is now time for the Council to make certain determinations for the election protocols, including: A) whether the City wishes to consolidate its election with the County elections; and B) whether candidate statements will be permitted, and if so, how much, if any, the candidate should be responsible for paying.

A. Consolidation
The City has consolidated its elections with the County for the past nineteen (19) years. Prior to 2003, the City conducted stand-alone elections with the assistance and guidance from the election consulting firm Martin Chapman, which ceased operations in 2018. In consolidating with the County, the Registrar of Voters would provide the following services:

1. Distribute and file nomination papers and candidate statements for candidates for City offices.

2. Make all required publications.

3. Prepare, print and mail to the qualified electors of the City sample ballots and voter pamphlets.

4. Provide Vote by Mail ballots for said Municipal Election for use by the qualified electors who may be entitled to such Vote by Mail ballots in the manner provided by law.

5. Order the consolidation of precincts, appoint precinct boards, designate polling places and instruct election officers concerning their duties.

6. Conduct and canvass the returns of the election and certify the votes cast to the City.

7. Receive and process Vote by Mail ballot voter applications.

8. Prepare, print and deliver to the polling places supplies, including the official ballots and a receipt for said supplies.

9. Recount votes, if requested, in accordance with state law.

10. Conduct the above election duties in accordance with the Voting Rights Act of 1975.

11. Perform all other pertinent services required to be performed for Item No. 18.
said election, except as otherwise agreed, other than the requirements of the Fair Political Practices Commission; said FPPC requirements to be performed by the City Clerk.

Staff has confirmed the County’s receipt of the newly drawn District Maps as approved by the Council through the City’s redistricting process.

B. Candidates Statements:

With regard to Candidate Statements, the Council must determine whether candidate statements are to be allowed, and if so, who will be the responsible party for paying the pro rata cost of printing and distributing the Statements.

Said cost is based on the number of registered voters within each district. Staff estimates the cost will be approximately $1,300. This estimate serves as a deposit and once the actual cost is determined by the County, the deposit is reconciled.

Historically, past Councils have differed on approaches to this item. In some past elections, the City bore the cost of the Candidate Statements, and in others – most recently the 2020 election – the Candidates bore the cost. The Council could also consider a hybrid in which the City and Candidate each pay a portion.

Staff has budgeted $32,000 for this election. For Council’s information, the number of registered voters currently in Porterville is 24,894.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution calling the Election for November 8, 2022; requesting and consenting to the consolidation of the election; and setting specifications of the election order;

2. Adopt the draft Resolution requesting that the Board of Supervisors permit the Registrar of Voters to render specified services to the City for the November 8, 2022 Election;

3. Allow candidates' statements of 200 words or less with no additional mailings and determine whether the candidate or the City shall be responsible for the estimated cost per candidate;

4. Authorize that the County Election Department, 5951 South Mooney Boulevard, Visalia, California, be designated as the Central Counting Place for the November 8, 2022, General Municipal Election; and

5. Authorize payment to the Tulare County Registrar of Voters upon the completion of the requested services.

ATTACHMENTS: 1. Draft Resolution: Consenting to Consolidation

2. Draft Resolution: Election Services
Item No. 18.

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

RESOLUTION NO. ____- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE REQUESTING AND CONSENTING
TO THE CONSOLIDATION OF ELECTIONS; AND SETTING SPECIFICATIONS

OF THE ELECTION ORDER
WHEREAS, the City Council of the City of Porterville has ordered a Municipal Election to be held on Tuesday, November 8, 2022, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City of Porterville and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10400; and
WHEREAS, Elections Code Section 10242 provides that the governing board shall determine the hours of opening and closing the polls; and
WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill for services to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307(3c) requires that before the nominating period opens, the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City.

NOW, THEREFORE, BE IT RESOLVED that an election be held in accordance with the following specifications:

SPECIFICATIONS OF THE ELECTION ORDER

1. The Election shall be held on Tuesday, the 8th day of November, 2022. The purpose of the election is to choose successors for the following offices:

District One
Member of the City Council
Council Member Lawana Tate
Term of Four Years
District Two
Member of the City Council
Milt Stowe
Term of Four Years

Resolution No. ____ - 2022

2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code 10400.

3. The City hereby designates the hours of the polls are to be kept open shall be from 7:00 A.M. to 8:00 P.M.

4. The City will reimburse the County of Tulare for the actual cost incurred in conducting the election upon receipt of a bill for services stating the amount due as determined by the Elections Official.

5. The City Council has determined that the __________ will pay for the Candidate’s Statement. The Candidate’s Statement will be limited to 200 words.

6. The City requests that the Registrar of Voters publish the Notice of Election in The Porterville Recorder, which is a newspaper of general circulation that is regularly circulated in the City.

7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters, and the Board of Supervisors of Tulare County.

PASSED, APPROVED AND ADOPTED this 17th day of May, 2022.

_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
____________________________
By: Patrice Hildreth, Chief Deputy City Clerk

RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE REQUESTING THE TULARE COUNTY BOARD OF

SUPERVISORS PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER

SPECIFIED SERVICES TO THE CITY OF PORTERVILLE
WHEREAS, pursuant to the Elections Code, the governing body of any city may, by Resolution, request the Board of Supervisors of the County to permit the County Elections Official to render specified services to the city related to the conduct of an election; and WHEREAS, the City of Porterville has ordered an election be held within the boundaries of the City on November 8, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville:

The Board of Supervisors of Tulare County is hereby requested to permit the County Registrar of Voters to render services to the City of Porterville relating to the conduct of the November 8, 2022 Municipal Election as follows:
a. Distribute and file nomination papers and candidate statements for candidates for City offices.
b. Make all required publications.
c. Prepare, print and mail to the qualified electors of the City sample ballots and voter pamphlets.
d. Provide Vote by Mail ballots for said Municipal Election for use by the qualified electors who may be entitled to Vote by Mail ballots in the manner provided by law.
e. Order the consolidation of precincts, appoint precinct boards, designate polling places and instruct election officers concerning their duties. f. Conduct and canvass the returns of the election and certify the votes cast to the City Council.
g. Receive and process Vote by Mail ballot voter applications. h. Prepare, print and deliver to the polling places supplies, including the official ballots and a receipt for said supplies.
i. Recount votes, if requested, in accordance with state law.

Resolution No. ___-2022

j. Conduct the above election duties in accordance with the Voting Rights Act of 1975.
k. Perform all other pertinent services required to be performed for said election, except as otherwise agreed, other than the requirements of the Fair Political Practices Commission; said FPPC requirements to be performed by the City Clerk.

The City Clerk is hereby authorized and directed to transmit certified copies of this Resolution to the Board of Supervisors and to the County Registrar of Voters.

PASSED, APPROVED AND ADOPTED this 17th day of May, 2022.

_______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
____________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Item No. 19.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Acceptance of Senate Bill 2 Pre-Approved Architectural Plans SOURCE: Community Development
COMMENT: Under the Fifth Cycle of the Regional Housing Need Assessment (RHNA), the Tulare County Association of Governments determined that for the 2015-2023 Cycle, the City of Porterville should add 1,199 affordable housing units to the local housing stock. As with many jurisdictions in California, the City has struggled to fill this allocation with only 280 affordable units being built thus far in the cycle. In 2017, the Legislature enacted the Building Homes and Jobs Act, which created the Building Homes and Jobs Trust Fund (Government Code Section 50470) in an effort to assist in creating additional housing. Senate Bill 2 (SB 2) directed the State of California to distribute monies to local jurisdictions in order to help accelerate housing production and promote housing affordability for lower- and moderate-income households. Under this funding program, the City qualified for $310,000 in State grant monies.

At its meeting on October 15, 2019, the City Council adopted Resolution 80- 2019 in support of the City's SB 2 Grant Application for housing-related planning efforts. The grant application requested funds for architectural services to design a master set of multifamily and accessory dwelling unit plans that would fit on standard-sized lots in the City. These pre-approved plans can assist developers and property owners by simplifying the process of acquiring building permits for new residential units. The City was awarded an SB 2 Planning Grant in the amount of $310,000 in 2020.

At its meeting on September 1, 2020, the Council authorized a request for proposals for architectural services for housing plans. On October 30, 2020, staff received four proposals for the architectural and engineering design for the city wide pre-approved Accessory Dwelling Unit and Multi-family Dwelling Unit Plans. At its meeting on February 16, 2021, the Council reviewed staff’s scored proposals and selected RRM Design Group as its chosen consultant to prepare the draft plans and directed staff to execute the Service Agreement between the City and RRM Design Group.

The RRM Design Group has drafted eleven (11) plans for the program. The prepared plans include three options for Accessory Dwelling Units (ADU) and eight for multifamily residential units. The program allows the plans to be utilized free of charge within the City of Porterville. The multifamily residential plans are undergoing building permit review and master sets are expected to be approved by the end of the month.

Item No. 19.

In line with SB 2, to help accelerate housing production and promote housing affordability for lower- and moderate-income households, residents will be able to utilize the accessory dwelling unit plans on any residentially zoned property in the City to create accessory units as permitted under State law. Additionally, residents will be able to construct one of the pre-approved ADUs in place of a primary residence to encourage infill development. At such a time, a larger residence could be constructed, residents would then be able to transition the previous unit into an accessory use. To encourage infill, ADU plans may also be utilized to create cottage court/bungalow court-style multi-family developments, subject to full compliance with multi-family residential standards, to help add variety to and lower costs of the housing market in Porterville. Given recent changes to State law under Senate Bill 9, residents would also be able to utilize the duplex plans in RS-1 and RS-2 zones, subject to certain conditions. All pre-approved multi-family plans are able to be developed in any RM or DRM zone, subject to compliance with the Development Ordinance.

In an effort to optimize the Accessory Dwelling Unit program, staff researched possible financing options that could be used in conjunction by Porterville residents specifically for ADU’s. Staff contacted Self-Help Enterprises (SHE) to inquire about their ADU financing program to determine compatibility with the City’s ADU program and their service area. SHE confirmed that Porterville residents could utilize their program if they met their eligibility requirements. In addition to SHE’s financing program, the State of California, through the California Housing Finance Agency, offers homeowners the ability to apply for up to $40,000 to reimburse pre-development and non-reoccurring closing costs associated with the development of an Accessory Dwelling Unit.

RECOMMENDATION: That the City Council accept the construction documents from RRM Design Group and authorize the release of plans to the public after approval of master plan set.

ATTACHMENTS: 1. Accessory Dwelling Unit/Multifamily Unit Elevations

2. Resolution No. 80-2019

3. CalHFA ADU Financing Program
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

PORTERVILLE ADU PROTOTYPES

SCHEMATIC PLANS - DETACHED ADUS
STYLE A: SPANISH COLONIAL REVIVAL STYLE B: CRAFTSMAN
STYLE C: AGRARIAN STYLE D: CALIFORNIA RANCH
STUDIO: 526 SF

PORTERVILLE ADU PROTOTYPES

SCHEMATIC PLANS - DETACHED ADUS
STYLE A: SPANISH COLONIAL REVIVAL STYLE B: CRAFTSMAN
STYLE C: AGRARIAN STYLE D: CALIFORNIA RANCH
1-BED: 600 SF

PORTERVILLE ADU PROTOTYPES

SCHEMATIC PLANS - DETACHED ADUS
STYLE A: SPANISH COLONIAL REVIVAL STYLE B: CRAFTSMAN
STYLE C ; AGRARIAN STYLE D: CALIFORNIA RANCH
2-BED: 806 SF

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Duplex
STYLE A: SPANISH COLONIAL REVIVAL

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Duplex
STYLE C: AGRARIAN

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Duplex
STYLE D: CALIFORNIA RANCH

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Duplex
STYLE B: CRAFTSMAN

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Triplex
STYLE B: CRAFTSMAN

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Triplex
STYLE D: CALIFORNIA RANCH

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Triplex
STYLE C: AGRARIAN

PORTERVILLE MULTI-FAMILY PROTOTYPES

SCHEMATIC PLANS - MULTI-FAMILY BUILDING TYPES
Type: Four-plex
STYLE D: SPANISH COLONIAL REVIVAL

ADU Financing
program
$40,000
maximum per
homeowner
2,500
potential
ADUs financed
$40K
$100

MILLION
in grants

CONSTRUCTION

LOAN APPLICATION

ADU GRANT

APPLICATION

CONSTRUCTION

LOAN APPLICATION

ADU GRANT

APPLICATION

ADU GRANT

APPLICATION
Homeowner applies for a construction
loan with an approved lender
• Predevelopment costs rolled into
construction loan for no or minimal
upfront costs to homeowner.
• Homeowner completes CalHFA
ADU grant application forms.

APPLICATION
Loan Approval
Pre-development
Grant Disbursememnt
Construction
Lender approves construction loan
• Lender prequalifies homeowner
for CalHFA ADU grant
Predevelopment work starts,
paid through the construction
loan account
• Lender sends ADU
Grant application
package to CalHFA, including list of
costs and invoices of predevelopment
CalHFA approves
grant and wires funds
to loan account
• This lowers ADU
construction loan
principal that
homeowner has to
repay
Construction of the ADU, financed with construction loan.

Who
Is Eligible
Eligible
Costs
In order to apply, find a lender near you on our website:
https://www.calhfa.ca.gov/adu
Homeowners with incomes less than CalHFA income limits.

Check our website for details.

Pre-development costs including but not limited to:
architectural designs, permits, soil tests, impact fees, property surveys, energy reports, and utility hookups
Interest rate buy-downs