SPECIAL CITY COUNCIL MEETING
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
APRIL 14, 2023, 11:00 AM
The City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – Special City Council Meeting of April 14, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/88912876289?pwd=R2Qvdlp5dXFIQVRrMm9yMGlwSUFKQT09 Or via Telephone: 1-669-900-6833 Webinar ID: 889 1287 6289 Passcode: 669927 Call to Order
Roll Call
Pledge of Allegiance Led by Council Member Meister
Invocation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
SCHEDULED MATTERS
1. Consideration of License To Use State Military Property Re: Consideration of a draft License To Use State Military Property between the City and the California Military Department for the use of the Porterville Army National Guard Armory as a temporary evacuation point and shelter.
ADJOURNMENT - to the meeting of April 18, 2023, at 5:30 p.m.
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
Item No. 1.
CITY COUNCIL AGENDA – APRIL 14, 2023
SUBJECT: Consideration of License To Use State Military Property SOURCE: City Manager's Office
COMMENT: Due to flooding from atmospheric river storm activity, evacuation orders were issued on March 10, 2023, by the Tulare County Sheriff for the Springville area along the Tule River. In response to the evacuation orders, the gymnasium at Porterville College was opened as a temporary evacuation point and shelter (TEPS). The American Red Cross (ARC) was mobilized to provide management of the TEPS in coordination with Tulare County for those affected by the evacuation order. On March 15, 2023, due to rising water levels in Success Lake to the point of water running over the spillway, the Sheriff issued an evacuation order for the area along the Tule River beneath Richard L.
Schafer Dam to Road 284 (east of the city). Also on March 15, 2023, due to rising flood waters, the Sheriff issued an evacuation order for the area west of Olive Avenue (Avenue 152) to Avenue 144, and the Friant-Kern Canal to the Tule River and Westwood Street (west of the city). On March 16, 2023, due to water levels of the Tule River and erosion of the river bank, the Porterville Police Chief issued an evacuation order for eight residences on the south side of Rio Vista Avenue. On March 19, 2023, due to continued erosion of the river bank, the Police Chief issued an evacuation order of the Tule River within city limits between Plano and Westwood Streets.
On March 18, 2023, due to decreasing river flows, the Sheriff downgraded the evacuation order to an evacuation warning for the area along the Tule River beneath Schafer Dam and Road 284. On March 23, 2023, due to decreasing river flows, the Sheriff downgraded the evacuation order to an evacuation warning for the Springville area along the Tule River. On March 25, 2023, due to decreasing river flows, the Sheriff downgraded the evacuation order to an evacuation warning for the area west of the city along the Tule River. On March 24, 2023, due to shoring of the north bank of the Tule River by City staff, the Police Chief downgraded the evacuation order to an evacuation warning for the eight residences on the south side of Rio Vista Avenue. On April 10, 2023, the Sheriff lifted the evacuation warning for the Springville area, but remains in place along the Tule River.
Given Porterville College needed the gymnasium for upcoming scheduled events and graduations, it was determined that the TEPS would close on April 11th. With evacuation orders remaining in place for the Tule River within city limits due to continued river bank erosion and repair and shoring activities, as well as continued evacuation warnings, City and County staff representatives coordinated on a transition plan of the TEPS to another location. Evaluating Item No. 1.
established facilities in the Porterville area that could support a TEPS and not significantly impact planned activities, both the vacant portion of the Porterville Developmental Center and the generally vacant Porterville Army National Guard Armory were identified. On April 3, 2023, County staff submitted a request for facility use to the Governor's Office of Emergency Services (Cal OES), and City staff contacted the Offices of State Senator Hurtado and Assemblyman Mathis for their support of the facility use request, to which Cal OES was supportive of the Armory for designation. Significant support was also provided by State Senator Grove, in coordination with Council Member Meister.
While a License To Use State Military Property agreement was being drafted and facility improvements needing to be made to prepare the Armory to serve as a TEPS to meet ARC requirements, Verbal Orders of the Commander (VOCO) were provided by the Army National Guard to the City for the use of the Armory. To meet ARC requirements, several life safety improvements were made (e.g. exit lighting replaced, fire extinguisher replacements, etc.) and facility and grounds maintenance performed by City staff. At noon on April 11, 2023, thirty (30) individuals from the Porterville College TEPS transitioned to the Armory, with the ARC continuing to provide shelter services. The ARC will be transitioning from the Armory TEPS on April 25, 2023, so a Memorandum of Understanding is currently being drafted between the City and the County for shelter services.
The California Military Department has provided the draft License To Use State Military Property agreement for the use of the Armory as a TEPS, with a preliminary ending date of August 31, 2023. The 24-hour use of the facility would regularly involve a $1,000 fee for use as well as utility cost recovery, however, all fees are waived in consideration of the City's provision of Services in Kind during the term of the agreement. In addition, a draft lease agreement between the City and the California Military Department is currently being drafted and expected to be prepared for City Council consideration prior to the term of the draft License agreement.
RECOMMENDATION: That the City Council approve the draft License To Use State Military Property between the City and the California Military Department for the use of the Porterville Army National Guard Armory as a temporary evacuation point and shelter.
ATTACHMENTS: 1. Draft License To Use State Military Property
2. City of Porterville Liability Certificate of Coverage Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
Item No. 1.
LICENSE NUMBER 1221
LICENSE TO USE STATE MILITARY PROPERTY
BETWEEN
CALIFORNIA MILITARY DEPARTMENT
AND
The City of Porterville
FOR
USE OF READINESS CENTER IMPROVEMENTS AND GROUNDS
This AGREEMENT, dated for reference the 10th day of April 2023, by and between the California Military Department (CMD), hereinafter called STATE, and the City of Porterville, 291 North Main Street, Porterville, CA 93257, hereinafter called LICENSEE, without distinction as to number or gender, and effective upon execution by STATE.
STATE and LICENSEE are sometimes referred to individually as a “party” or collectively as the “parties”.
RECITALS
WHEREAS, the STATE has under its jurisdiction, certain real property known as the Porterville armory, located at 29 N. Plano St. Porterville, CA 93257, hereinafter called PREMISES, identified in Exhibit "B", consisting of one (1) page and attached hereto and incorporated herein by this reference.; and,
WHEREAS, it is essential that STATE have a secure facility and surrounding grounds; and,
WHEREAS, PREMISES may be made available to meet the needs of the local civil authority when not required to meet immediate operational requirements; NOW THEREFORE, STATE and LICENSEE agree as follows:
WITNESSETH
I. GENERAL PROVISIONS
1. AGREEMENT is for non-exclusive weekday or weekend use throughout the license term.
2. Upon declaration of emergency by the STATE or federal government, STATE reserves the right to reoccupy PREMISES, including all parking areas, with twenty-four (24) hours written or electronic (voice or email) notice to LICENSEE at the notification address/number below.
3. PREMISES will not be available during the following drill periods: n/a
4. LICENSEE shall comply with all applicable statutes, laws, ordinances and rules or regulations adopted by the Federal, State or any City, City and County, County or other body politic pertaining to use of said premises or any provisions of the License.
5. LICENSEE shall comply with such reasonable rules and regulations as may be prescribed by STATE for the reasonable use and occupation of State Facilities.
6. LICENSEE understands and agrees the California Legislature may impose additional restrictions, limitations or conditions affecting AGREEMENT provisions or terms; however, any such changes become effective no sooner than 30 days after the legislature has acted.
7. This agreement shall not be assigned or sublet or otherwise encumbered, in whole or in part, without STATE’S prior written consent.
8. STATE shall supply PREMISES with utilities, the nominal cost of which is included in the use fee. Section VI (FEES), item #5 addresses extraordinary utility use and payment.
9. LICENSEE shall have use of the offices, storage areas, drill floor, latrines, showers, parking areas for placement of storage containers (if required), and kitchen counters solely for food preparation or distribution (no oven or stove top use). All food will be stored and surfaces cleaned on a daily basis when shelter operations are underway.
10. STATE is not responsible for losses or damage to personal property, equipment or materials of LICENSEE, its employees, agents or clients. LICENSEE shall report to STATE all losses immediately upon discovery.
11. LICENSEE shall not drive any nails, tacks, pins or other objects into the walls, ceilings, partitions, windows, woodwork, or any other part of PREMISES, nor in any manner move or change any fixture, nor make any alterations to PREMISES without STATE’S prior written consent.
12. Upon completion of use, LICENSEE shall remove all decorations, display, signs, and equipment on PREMISES.
13. Upon license expiration, LICENSEE will surrender PREMISES to STATE with appurtenances and fixtures in good order, condition, and repair, reasonable use and wear thereof, or Acts of God excepted.
14. LICENSEE shall not permit any alcoholic beverage to be offered for sale, stored, given away or otherwise disposed or consumed on any part of PREMISES, nor shall LICENSEE permit any use of tobacco products on any part of PREMISES or within twenty (20) feet of entrances, doorways or opening windows, except in a sufficiently distanced controlled area under LICENSEE supervision.
15. LICENSEE acknowledges PREMISES may not be fully ADA compliant and agrees to implement or improve, at its sole cost and expense, those necessary compliance measures required for the duration of its use. Furthermore, LICENSEE agrees to provide any and all required temporary emergency lighting required by State, County or City laws or ordinances.
II. AUTHORIZED ACTIVITIES
1. LICENSEE is authorized to use PREMISES to provide temporary shelter and/or health and medical services to homeless citizens of the community.
2. LICENSEE may provide on-site program management through either LICENSEE employees, agents or volunteers or through contracted services.
3. LICENSEE agrees to clean PREMISES removing all litter, trash, cans, bottles, etc. from PREMISES after each use period, but not less than once per day.
4. LICENSEE shall provide janitorial services, whether from a licensed contractor or qualified civil service employee(s), to clean and sanitize the armory, including restrooms, showers, and drill floor, according to standards set forth in Exhibit “F”, made a part hereof by this reference. If civil service employees will not fulfill janitorial services, LILCENSEE shall provide STATE a copy of the janitorial contract before commencement of licensed use.
5. The armory facility will be available twenty-four (24) hours each day unless otherwise approved by the STATE for extended periods during inclement weather conditions.
6. LICENSEE shall provide on PREMISES one hour before shelter opening until one hour after lights-out in the evening no less than one (1) appropriately licensed (guard card) and easily identifiable uniformed security officer. The security officer shall have access to a telephone, provided by LICENSEE, for contacting the appropriate law enforcement agency, should it become necessary. LICENSEE is responsible for protecting patrons, agents and invitees from acts of third parties, and agrees to notify STATE and appropriate law enforcement agencies as required.
7. Uniformed security personnel will check (search) each client for weapons and drug paraphernalia before any client may enter, or reenter the armory. On-site supervising soldiers are not security personnel and WILL NOT assist with weapon checks or other security-related actions; however, they will observe security inspections.
8. Security personnel will notify the military site supervisor or, if one is not available, the Area Coordinator or the STATE Program Manager before leaving PREMISES.
A copy of the security contract will be due to the STATE before the license term begins.
9. Consistent with GC 15301.3(e), LICENSEE shall provide STATE a schedule of nightly shelter visits by law enforcement officers of the local jurisdiction within which the armory is located.
10. Any damage to PREMISES will be inspected by STATE representatives (CMD Area Coordinator) and LICENSEE to determine the character and extent of damage (with photographs). Repairs should be completed within twenty-four (24) hours if an emergency or seventy-two (72) hours if urgent.
11. The STATE Area Coordinator will contract for necessary repair or restoration services using appropriate state or federal guidance, while coordinating and collaborating closely with LICENSEE. LICENSEE may not undertake repairs or restoration using its own forces or contract services without the prior written
consent of STATE’S Area Coordinator.
12. Within thirty (30) days of being presented a demand (invoice) for payment, LICENSEE shall make STATE whole for the cost of repairing or restoring any improvement or utility damaged as a result of PREMISES shelter use. If significant plumbing issues occur due to repeated latrine clogging by clients, the LICENSEE will provide, at its sole cost or expense, portable latrines for the duration of the contract.
13. LICENSEE shall take all necessary steps to ensure shelter clients do not constitute a nuisance in the immediate vicinity of PREMISES during hours of shelter operation. If at any time the STATE is dissatisfied with the LICENSEE efforts, the LICENSEE and STATE shall meet to explore means and methods of compliance.
14. LICENSEE is solely responsible for supplying consumables including, but limited to cleaning or sanitizing supplies and equipment, liquid soap, paper towels, and toilet paper. LICENSEE affirms the County Health Department shall provide regular health screenings and consultation on sanitation issues as required or as otherwise requested.
15. The ONLY animals allowed inside PREMISES are service animals as defined in Section XIV below. Client pets or any other animal not meeting the definition of service animal must remain outside PREMISES at all times.
16. LICENSEE shall conform to the guidance and recommendations for tuberculosis prevention outlined in “Preventing Tuberculosis (TB) in Homeless Shelters: A Guide for Preventing and Controlling TB and other Aerosol Transmissible Diseases in Los Angeles County Facilities”, included as Exhibit “C” herein and by this reference made a part hereof.
17. LICENSEE shall at all times conform to local or state (Governor’s) orders for preventing COVID-19 infection by mandating mask wearing and organizing the site to conform to physical distancing requirements.
18. Before clients may park their vehicle in PREMISES parking area, LICENSEE shall ensure each has a valid vehicle registration and current insurance coverage.
19. Vehicles parked on PREMISES without appropriate approval shall be towed away by STATE's order and at LICENSEE's risk and expense.
III. NOTIFICATION
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered (including by means of professional messenger service) or sent by overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below. All such notices or other communications shall be deemed received upon the earlier of (i) if personally delivered or sent by overnight courier, the date of delivery to the address of the person to receive such notice, (ii) if mailed as provided above, on the date of receipt or rejection, when received by the other party if received Monday through Friday between 6:00 a.m. and 5:00 p.m.
Pacific Standard Time. so long as such day is not a State or Federal holiday and otherwise on the next day provided that if the next day is Saturday, Sunday, or a state or federal holiday, such notice shall be effective on the following business day.
To LICENSEE:
City of Porterville
Attn: City Manager
291 North Main Street
Porterville, CA 93257
(559) 782-7466
To STATE:
California Military Department
9800 Goethe Road, Box 18
Sacramento, CA 95826
(916) 854-3788
PROGRAM MANAGER:
SSG Monica Estrada
(916) 541-8160
Notice of change of address or telephone number shall be given by written notice in the manner described in this section. LICENSEE is obligated to notice State offices listed above and the failure to provide notice to do so shall constitute a lack of notice. Nothing contained herein shall preclude the giving of any such notice by personal service.
IV. INSURANCE REQUIREMENTS
LICENSEE is a public entity, which is self-insured and will be responsible for any damage caused to PREMISES. Additionally, LICENSEE shall indemnify STATE against any injuries caused by use of PREMISES. LICENSEE has furnished the necessary Certificate of Self-Insurance, Exhibit “D” attached hereto and incorporated herein by this reference, demonstrating the required insurance coverage will be in effect during the complete term of AGREEMENT, and shall include, but not be limited to:
Combined single limit liability of $2,000,000, or
Special event coverage with a limit of $2,000,000, and A statement naming the United States, State of California, its officers, agents, employees, and servants as additional insured, but only with respect to the activities of the named insured.
V. HOLD HARMLESS INDEMNIFICATION
The PREMISES are provided in “AS-IS” and “WITH ALL FAULTS” condition, and STATE and its employees, representatives and agents disclaim all warranties, expressed or implied, regarding the PREMISES, including, but not limited to, all implied warranties of merchantability or fitness for a particular purpose or compliance with Applicable Law.
LICENSEES acknowledges and agrees that STATE and its employees, representatives and agents have made no representations or warranties for the PREMISES, including, without limitation, any representations or warranties regarding, (a) the condition or repair of the PREMISES, (b) whether such PREMISES are sufficient for the purposes of LICENSEE, or (c) whether the PREMISES comply with Applicable Laws (as defined below), including without limitation the Americans with Disabilities Act (ADA) or other accessibility laws, (d) whether there are any facts or conditions affecting the PREMISES that might, individually or in the aggregate, interfere with the use or occupancy of the
PREMISES or any portion thereof by LICENSEE.
The use of the PREMISES by LICENSEE shall be conclusive evidence that LICENSEE accepts the same “AS IS and WITH ALL FAULTS” and that the PREMISES are suited for the use intended by LICENSEE and are in good and satisfactory condition at the time such possession was taken. LICENSEE represents and warrants to STATE that (a) its sole intended use of the PREMISES is for temporary sheltering (the “Permitted Use”) and (b) prior to using the PREMISES it has made such investigations as it deems appropriate with respect to the suitability of the PREMISES for its intended use and has determined that the PREMISES are suitable for such intended use.
LICENSEE shall comply with all applicable statutes, laws, ordinances and rules and regulations adopted by the Federal, State or any City, City and County, County or other body politic, including without limitation all building codes, the ADA or other accessibility laws (“Applicable Laws”) and which pertains to use of the PREMISES or any provisions of the License, and will indemnify, defend and hold STATE free and harmless from and against any violations thereof and any and all liabilities, suits, causes of action, judgments, demands and claims for damages, including all reasonable costs of any litigation and attorney’s fees and expenses, arising out or by reason of any such violation.
LICENSEE shall indemnify, defend and hold STATE its employees, representatives and agents free and harmless from and against any and all suits, causes of action, demands, proceedings, claims, damages, judgments, obligations liabilities, liens, fines, costs, and expenses (including, but not limited to, attorneys’ fees and costs) (collectively “Losses”) which arise from or are related to (a) use or occupancy of the PREMISES by LICENSEE or its Representatives, including, but not limited to, damage to property of any kind whatsoever and to whomsoever belonging, including LICENSEE, from any cause or causes whatsoever during the term of this License or any occupancy hereunder, holdover periods or any other occupancy of the PREMISES during the term of this License, except (i) those Losses that are ultimately determined by a court or administrative tribunal of competent jurisdiction to be caused by sole gross negligence of the STATE or its employees, or (ii) to the extent any such Losses are ultimately determined by a court or administrative tribunal of competent jurisdiction to be caused by the willful misconduct of the STATE or its employees; provided, however, any condition of the PREMISES that is found to be in violation of any Applicable Law by a court or administrative tribunal of competent jurisdiction shall not be deemed gross negligence or willful misconduct on the part of the STATE or its employees; (b) breach of LICENSEE’S obligations under the AGREEMENT, (c) negligence or other wrongful act by LICENSEE or its Representatives, (d) violation of Applicable Law by LICENSEE or its Representatives, (e) any allegation that the PREMISES do not comply with Applicable Law. “Representatives” means LICENSEE’S agents, employees, representatives, contractors, or any other person or persons acting within the direct control or authority of such party or its agents, employees, representatives or contractors.
VI. FEES
1. The use fee is waived based on Services in Kind as per California Army National Guard Regulation 210-2 paragraph 9.
2. Extraordinary utility costs are waived during the term of this license.
3. Emergency 24 hour use of the facility is authorized through the request from the local Office of Emergency Services.
VII. TERM
License shall take effect no earlier than April 11, 2023 or upon execution by STATE, whichever is later, and shall expire no later than 0800 (8:00 A.M.) August 31, 2023.
VIII. AMENDMENT AND TERMINATION
AGEEMENT amendment or modification must be in writing and duly executed by the parties.
Either party may terminate AGEEMENT with 30 days written notification to the other at the addresses previously given. Upon termination, the activities of the parties shall be governed by the applicable provisions of the Military and Veterans Code. STATE is not obligated to reimburse LICENSEE any fees should it terminate this AGREEMENT before reaching its full term.
IX. ENTIRE AGREEMENT
AGREEMENT, along with any exhibits attached hereto, constitutes the entire covenant and understanding between STATE and LICENSEE for PREMISES. AGREEMENT supersedes all prior and contemporaneous routine activity agreements, representations or understandings, if any, whether oral or written.
X. DURATION & RENEWAL
AGREEMENT shall remain in effect through the termination date and will not be extended, but may be renewed annually subsequent to renegotiation required to protect the parties.
XI. RIGHT TO ENTER
During continuance in force of AGREEMENT, there shall be, and is hereby expressly reserved to STATE and to any of its contractors, agents, employees, representatives, or licensees, the right at any and all reasonable times, and any and all places to temporarily enter upon said PREMISES for inspection or other lawful STATE purposes.
XII. ENVIRONMENTAL LAWS AND REGULATIONS
LICENSEE must comply with all applicable local, State or Federal environmental provisions, requirements, ordinances, regulations or laws. AGREEMENT does not constitute any form of authorization, permit, or opinion with respect to the satisfaction thereof. LICENSEE agrees that it shall comply with all laws, federal, state, or local, existing during the term of this license pertaining to the use, storage, transportation, and disposal of any hazardous substance as that term is defined in such applicable law.
1. In the event STATE or any of its affiliates, successors, principals, employees, or agents should incur any liability, cost, or expense, including attorney's fees and costs, as a result of the LICENSEE’S illegal use, storage, transportation, or disposal of any hazardous substance, including any petroleum derivative, the LICENSEE shall indemnify, defend, and hold harmless any of these individuals against such liability.
2. Where the LICENSEE is found to be in breach of this Paragraph due to the issuance of a government order directing the LICENSEE to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition caused by the LICENSEE or any person acting under
LICENSEE’S direct control and authority, LICENSEE shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by STATE in connection with or in response to such government order.
XIII. DEFAULT
LICENSEE shall make all required payments to the STATE without deduction, default or delay. In the event of the failure of LICENSEE to do so, or in the event of a breach of any of the other terms, covenants or conditions herein contained on the part of LICENSEE to be kept and performed, and if such default continues for a period of thirty (30) days after receipt of written notice from STATE to LICENSEE of such default, this License may, at the STATE’S sole discretion, be terminated.
In the event of termination of this License, it shall be lawful for STATE to reenter into and upon the PREMISES and every part thereof and to remove and store at LICENSEE’s expense all property therefrom and to repossess and occupy the PREMISES. In the event STATE terminates this License pursuant to this Paragraph, the STATE shall not be required to pay LICENSEE any sum or sums whatsoever.
XIV. SERVICE ANIMALS
Service Animal Defined by Title II and Title III of the ADA: (from the ADA National Network)
Under Title II and III of the ADA, service animals are limited to dogs individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability.
A doctor’s letter does not turn an animal into a service animal.
Examples of animals fitting the ADA’s definition of “service animal” because they have been specifically trained to perform a task for the person with a disability:
Guide Dog or Seeing Eye® Dog1 is a carefully trained dog that serves as a travel tool for persons who have severe visual impairments or are blind.
Hearing or Signal Dog is a dog that has been trained to alert a person who has a significant hearing loss or is deaf when a sound occurs, such as a knock on the door.
Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects.
SigDOG (sensory signal dogs or social signal dog) is a dog trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping).
Seizure Response Dog is a dog trained to assist a person with a seizure disorder. The dog may stand guard over the person during a seizure or the dog may go for help. A few dogs have learned to predict a seizure and warn the person in advance to sit down or move to a safe place.
While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities and are not covered by federal laws protecting the use of service animals.
A public facility is not allowed to ask for documentation or proof a dog has been certified, trained, or licensed as a service animal. Staff on site may ask the following questions:
1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform? No further questions should be asked regarding the disability or the animal, nor is it permissible to ask that the dog perform the task that grants it to be a service animal.
CONCURRENCE
INSTALLATION COMMANDER CITY OF PORTERVILLE
DATE: DATE:
FOR THE ADJUTANT GENERAL
DATE: