Porterville City Council
May 16, 2023

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.

Item No. 17.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City's Water Conservation Plan is structured in an effort to provide Statemandated 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 Water Boards 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 percent (25%) from June 2015 through April 2023. In order to maintain Item No. 17.
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 consider 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, 2023, and continue this watering schedule through the summer and fall months until September 30, 2023. On October 1, 2023, 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 the 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, 2023; and

2. Consider directing staff to transition from Phase III to Phase IV effective October 1, 2023.

ATTACHMENTS: 1. Drought Response Phase III Flyer

2. Drought Response Phase IV Flyer

3. Monthly Production Status April 2023

4. Monthly Production Status GPCD April 2023

5. Standing Water Level Averages Chart

6. Tulare Basin Precipitation Index
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 2023 Production Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
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 2023 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG
110
113
101
95 91
114
132
144
150
140
135
118
111
125 126
114
14,152
13,271
16,043
16,668 16,962
14,216
11,726
10,069 10,157
11,541
12,388
14,041
13,713
12,406
12,45712,629
-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 2024 GPM Standing Water Level Average Standing Water Level & Production Capacity
Average Standing Water Level Average Capacity GPM
Tulare Basin Precipitation: 6-Station Index, May 10, 2023 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)

17.0 2021-2022 Daily Precip
Percent of Average for this Date: 195%
Current: 51.5
Balch PH
Giant Forest
Ash Mt.

Springville.

Pascoes
Isabella Dam
Item No. 18.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Consider Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and State Senate Bill 94 (Cortese)
SOURCE: City Manager's Office
COMMENT:

During Other Matters at its meeting on April 18, 2023, the City Council approved Council Member Meister's request to consider draft Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and Senate Bill 94 (Cortese) as a Scheduled Matter at its meeting on May 2, 2023. After deliberation and discussion by the Council at its meeting on May 2nd, the item was continued to the Council's meeting of May 16, 2023.

Assembly Bill 1090 (Jones-Sawyer)
Assembly Bill 1090 (AB 1090) is an act that would authorize a county board of supervisors to remove a sheriff from office for cause, as defined, by a 4/5 vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. The bill would require provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.

Existing State law provides for the removal of public officers for willful or corrupt misconduct in office. Existing State law further provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. Existing State law requires that the court pronounce judgment that the officer be removed from office upon a conviction and at the time appointed by the court.

Senate Bill 94 (Cortese)
Senate Bill 94 (SB 94) is an act that would authorize an individual sententenced to death or life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5,1990, and the individual has served at least twenty (20) years in custody. The bill would authorize the court to modify the petitioner's sentence to impose a lesser sentence and apply any changes in law that reduces sentences or provide for judicial discretion, or to vacate the petitioner's conviction and impose judgment on a lesser included offense, as specified. The bill would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present. The bill would provide that Item No. 18.
proof of the presence of one or more specified mitigating circumstances weights greatly in favor of dismissing a special circumstance, unless the court finds that petitioner is currently an unreasonable risk of danger to public safety, as defined.

Existing State law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole.

Existing State law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Existing State law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except is dismissal of that enhancement is prohibited by any initiative statute.

RECOMMENDATION: That the City Council consider Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and Senate Bill 94 (Cortese).

ATTACHMENTS: 1. Draft Resolution of Opposition - Assembly Bill 1090

2. Assembly Bill No. 1090 (Jones-Sawyer)

3. Assembly Bill No. 1090 Analysis

4. Draft Resolution of Opposition - Senate Bill 94

5. Senate Bill No. 94 (Cortese)

6. Senate Bill No. 94 Analysis
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

RESOLUTION NO.____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE, IN OPPOSITION TO ASSEMBLY BILL 1090

WHEREAS, existing State law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff; and WHEREAS, existing State law requires the county board of supervisors to supervise all county officers, except as provided; and
WHEREAS, existing State law provides for the removal of public officers for willful or corrupt misconduct in office. Existing law provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed.

Existing law requires that the court pronounce judgement that the officer be removed from office upon a conviction and at the time appointed by the court.

WHEREAS, Assembly Bill 1090 (AB 1090) would authorize the board of supervisors to remove a sheriff from office for cause, as defined as: (1) violation of a law related to the performance of a sheriff’s duties; (2) flagrant or repeated neglect of a sheriff’s duties; (3) misappropriation of public funds or properties committed by a sheriff or their direct reports in the course and scope of their duties; (4) willful falsification of a relevant official statement or document committed by a sheriff in the course and scope of their duties; and (5) obstruction of an investigation into the conduct of a sheriff or a sheriff’s department by a governmental agency, office, or commission with jurisdiction to conduct an investigation. And WHEREAS, AB 1090 would authorize the board of supervisors to remove a sheriff from office for cause by a 4/5 vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. AB 1090 would authorize the board of supervisors to establish procedures for a removal proceeding. AB 1090 require that these provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.

Resolution No. ___-2023

NOW, THEREFORE, it is hereby DECLARED and ORDERED, that the City Council of the City of Porterville does hereby oppose Assembly Bill 1090.

This Resolution shall take effect from and after the date of its passage and adoption by this Council.

PASSED, APPROVED, AND ADOPTED this 2nd day of May, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
AMENDED IN ASSEMBLY APRIL 13, 2023
AMENDED IN ASSEMBLY APRIL 4, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1090
Introduced by Assembly Member Jones-Sawyer
February 15, 2023
An act to add Section 25303.8 to the Government Code, relating to county officers.
legislative counsel’s digest
AB 1090, as amended, Jones-Sawyer. County officers: sheriffs.

Existing law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff. Existing law requires the board of supervisors to supervise all county officers, except as provided.

Existing law provides for the removal of public officers for willful or corrupt misconduct in office. Existing law provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed.

Existing law requires that the court pronounce judgment that the officer be removed from office upon a conviction and at the time appointed by the court.

This bill would authorize the board of supervisors to remove a sheriff from office for cause, as defined, by a 4⁄5 vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. The bill would authorize

97 the board of supervisors to establish procedures for a removal proceeding. The bill would require that these provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.

Vote: majority. Appropriation: no. Fiscal committee: no.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 25303.8 is added to the Government line 2 Code, to read:
line 3 25303.8. (a)  For purposes of this section, “for cause” means line 4 all of the following:
line 5 (1)  Violation of a law related to the performance of a sheriff’s line 6 duties.
line 7 (2)  Flagrant or repeated neglect of a sheriff’s duties. line 8 (3)  Misappropriation of public funds or properties committed line 9 by a sheriff or their direct reports in the course and scope of their line 10 duties.
line 11 (4)  Willful falsification of a relevant official statement or line 12 document committed by a sheriff in the course and scope of their line 13 duties.
line 14 (5)  Obstruction of an investigation into the conduct of a sheriff line 15 or a sheriff’s department by a governmental agency, office, or line 16 commission with jurisdiction to conduct an investigation. line 17 (a)
line 18 (b)   The board of supervisors may remove a sheriff from office line 19 for cause, by a four-fifths vote, after both of the following have line 20 occurred:
line 21 (1)  The sheriff is served with a written statement of the alleged line 22 grounds for removal.
line 23 (2)  The sheriff is provided a reasonable opportunity to be heard line 24 regarding an explanation or defense at a removal proceeding. line 25 (b)
line 26 (c)  The board of supervisors may establish procedures for a line 27 removal proceeding held pursuant to this section. line 28 (c)
line 29 (d)  This section shall not be applied in a manner that interferes line 30 with the constitutional functions of a sheriff.

O
97 AB 1090 — 2 —
AB 1090

Date of Hearing: April 11, 2023
Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB 1090 (Jones-Sawyer) – As Amended April 4, 2023
As Proposed to Be Amended In Committee
SUMMARY: Authorizes the board of supervisors of a county to remove a sheriff from office for cause. Specifically, this bill:
1) Provides that the board of supervisors may remove a sheriff from office for cause, by a fourfifths vote, after both of the following have occurred:
a) The sheriff is served with a written statement of the alleged grounds for removal; and, b) The sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding.
2) Defines “cause” as:
a) Violation of any law related to the performance of a sheriff’s duties; b) Flagrant or repeated neglect of a sheriff’s duties;
c) Misappropriation of public funds or properties committed by a sheriff or their direct reports in the course and scope of their duties;
d) Willful falsification of a relevant official statement or document committed by a sheriff in the course and scope of their duties; or,
e) Obstruction of an investigation into the sheriff or a sheriff’s department. 3) States that the board of supervisors may establish procedures for a removal proceeding held pursuant to these provisions.
4) Provides that these provisions shall not be applied in a manner that interferes with the constitutional functions of a sheriff.

EXISTING LAW:
1) Requires the Legislature to provide for county powers, elected sheriffs, district attorneys, assessors, and the governing bodies in each county. (Cal. Const., art. XI, § 1, subd. (b).) 2) Provides that the Legislature may provide for the recall of local officers, including sheriffs. (Cal. Const., art II, § 19.)
AB 1090

3) Requires charters of charter counties to provide for the appointment, compensation, terms and removal of elected sheriffs. (Cal. Const., art. IX, § 4.) 4) Provides that a sheriff is an officer of a county. (Gov. Code, § 24000.) 5) States that the county officers to be elected by the people include the sheriff, among others. (Gov. Code, § 24009, subd. (a).)
6) Provides that elected county officers shall hold their office until their successors are elected or appointed and qualified. (Gov. Code, § 24201.)
7) Sets forth the duties of sheriffs. (Gov. Code, §§ 26600 et seq; Pen. Code, §§ 4000 et seq.) 8) Requires each county to have a board of supervisors consisting of five members. (Gov. Code, § 25000.)
9) Requires each county board of supervisors to publish notices of proceedings to the public and requires that all meetings of a legislative body, including county board of supervisors, be open and public, pursuant to the Ralph M. Brown Act, as specified. (Gov. Code, §§ 25150, 25151, & 54950 et seq.)
10) Authorizes county boards of supervisors to do and perform all acts and things required by law to the full discharge of the duties of the legislative authority of the county government. (Gov. Code, § 25207.)
11) Provides that the board of supervisors shall supervise the official conduct of all county officers, particularly insofar as the functions and duties of such county officers relate to the assessing, collecting, safekeeping, management, or disbursement of public funds. It shall see that they faithfully perform their duties. (Gov. Code, § 25303.) 12) States that the board of supervisors shall not obstruct the investigative function of the sheriff. (Gov. Code, § 25303.)
13) Allows counties to create a sheriff oversight board, comprised of civilians to assist the board of supervisors with its duties that relate to the sheriff. (Gov. Code, § 25303.7.) 14) Allows counties to establish an office of the inspector general, appointed by the boards of supervisors, to assist the board of supervisors with its duties that relate to the sheriff. (Gov.

Code, § 25303.7.)
15) Allows an accusation to be brought by a grand jury for the removal of any officer of a county, including a sheriff, for willful or corrupt misconduct in office. The trial shall be by a jury, and conducted in all respects in the same manner as the trial of an indictment. Upon a conviction the officer shall be defendant be removed from office. (Gov. Code, §§ 3060, et seq.)
FISCAL EFFECT: Unknown
AB 1090

COMMENTS:
1) Author's Statement: According to the author, “No government official should have unchecked power. Regardless of the office or role, public officials take an oath to support and respect the rights of their constituents and represent the common good. But when a Sheriff abuses their power, our tools for meaningful accountability are tragically far and few.

As such, AB 1090 ensures government accountability by authorizing a county board of supervisors to remove a sheriff from office for cause.” 2) Removal Must Be For Cause: This bill would provide that a board of supervisors may remove a sheriff from office for cause, by a four-fifths vote. Consequently, this bill would not allow a county board of supervisors to vote to remove a sheriff at their will, for any reason whatsoever.

This bill would define “for cause” as a violation of any law related to the performance of a sheriff’s duties, flagrant or repeated neglect of duties, misappropriation of public funds, willful falsification of a official statement or document, or, obstruction of a investigation into the conduct of a sheriff. This bill would further provide that authority to remove cannot be applied to interfere with the constitutionally designated function of a sheriff. Therefore, a sheriff could not be removed for performing law enforcement functions. In addition, Government Code section 25303 expressly bars the local governing body from obstructing the sheriff’s investigative functions.
3) Due Process Afforded to Sheriffs: The due process right, established by the Fourteenth Amendment, guarantees that the government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.” The right is designed to protect citizens from actions taken by state government, counties, towns, and cities. At a minimum, due process means that a citizen who will be affected by a government decision must be given advance notice and an opportunity to be heard. (Mullane v. Central Hanover Bank & Trust Co. (1950) 339 U.S. 306, 314.)
The provisions of this bill affords sheriff’s such procedures prior to their removal.

Specifically, a sheriff cannot be removed unless (1) the removal is for cause only; (2) there is a supermajority (four-fifths) vote by the county board of supervisors to remove the sheriff; (3) the sheriff is served with a written statement of the alleged grounds for removal; (4) the sheriff is provided a reasonable opportunity to be heard and present an explanation or defense at a removal proceeding; and, (5) the county supervisors may establish additional procedures for a the removal proceedings. In addition, under existing law, the public must be given notice, all meetings and meetings of the board of supervisors must generally be held in public and pursuant to the Ralph M. Brown Act. (Gov. Code, §§ 25150, 25151, & 54950 et seq.) Thus, it is likely that this bill comports with the requirements of due process in that sheriffs may only be removed from office after the board has provided reasonable notice, to both the officer and the general public, and only after the sheriff has had an opportunity to be heard.

AB 1090

4) Similar Local Measures: Relying on their powers as charter counties1, Los Angeles and San Bernardino Counties have adopted local measures that would authorize them to remove an elected sheriff for cause. This bill would provide the statutory authority for all counties to remove their sheriff for cause. This bill would further set minimum guidelines across all county boards of supervisors for the sheriff’s removal. a) Los Angeles County - Measure A “Charter Amendment – Providing Authority to Remove an Elected Sheriff for Cause” (November 8, 2022): In the November 2022 Elections, Los Angeles County Measure A was on the ballot and was approved by

71.84% of the vote. (Los Angeles County Registrar-Recorder/County Clerk, LA County Election Results <https://results.lavote.gov/#year=2022&election=4300> [as of April 3, 2023].) Measure A amended the Los Angeles County Charter to authorize the Los Angeles County Board of Supervisors to remove the sheriff from office for cause, by a four-fifths vote. (Ibid.)
This bill is substantially similar to Measure A.
b) San Bernardino County - Ordinance No. 3875 (2002): In 2002, the San Bernardino County Board of Supervisors adopted Ordinance No. 3875, (involving the removal of county officers, including the sheriff. (San Bernardino County Code § 13.0404.) The ordinance provides, in part, that removal for cause may be accomplished by a four-fifths vote of the board: “Any County officer other than supervisor may be removed from office in the manner provided by law; also any such officer may be removed by a four-fifths vote of the Board of Supervisors, for cause, after first serving upon such officer a written statement of alleged grounds for such removal, and giving him a reasonable opportunity to be heard in the way of explanation or defense.” (Ibid.) The ordinance also clarified that it could “not be applied to interfere with the independent and constitutionally and statutorily designated investigative and prosecutorial functions of the sheriff and the district attorney.” (Ibid.)
In response to the ordinance, the San Bernardino District Attorney sought an opinion from the California Attorney General, of whether a county may “grant the board of supervisors the authority to remove for cause by a four-fifths vote the sheriff […] upon due notice and opportunity to be heard.” (84 Ops.Cal.Atty.Gen. 88 (2001).) In response, the Attorney General found “that the removal of county officers is a subject that may be contained in a county charter” and “the Constitution has not expressly provided otherwise. (Ibid.)
The San Bernardino County Sheriff also filed a civil complaint, contending that the ordinance is unconstitutional. The California Court of Appeal rejected the Sheriff’s challenges and held that the ordinance is facially constitutional and valid. (Penrod v.

County of San Bernardino (2005) 126 Cal.App.4th 185, 188.) The court determined that the ordinance is specifically authorized by the California Constitution, and is consistent

1 The Legislature provides for the recall of local officer in general law counties. (Cal. Const. art II, § 19.) The charter of charter counties provide for the “compensation, terms and removal” of the sheriff.” (Cal. Const., art. XI, §

4.)
AB 1090

with the Government Code. (Ibid.)
5) Other Existing Options for Removing Sheriffs:
a) Grand Jury Accusation and Trial: An accusation against any officer of a district, county, or city, including a sheriff, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. (Gov. Code, §§ 3060 et seq.) These grand jury accusations are usually initiated by the district attorney who is statutorily authorized to present evidence of crime or official misconduct to the grand jury. The district attorney will have had the offense investigated and will have marshalled the evidence relevant thereto prior to its presentation to the grand jury. The grand jury then evaluates the evidence in secret deliberations and decides by vote whether to issue an accusation. An accusation can be found only with the concurrence of 12 grand jurors (8 for 11 member grand juries and 14 for 23 member grand juries.) (Ibid.)
b) Quo Warranto Removal: Quo warranto (Latin for “by what authority”) is a legal action most typically brought to resolve disputes concerning the right to hold public office. (Code Civ. Proc., §§ 803 et seq.) In California, a Quo warranto proceeding may be brought by the Attorney General to determine whether holders of a public officer are legally entitled to hold that office or exercise those powers. The court may not hear the action unless it is brought or authorized by the Attorney General. (Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 633.) Quo warranto tries title to public office, i.e. the right to hold public office; it may not be used to remove an incumbent for misconduct in office. (Wheeler v. Donnell (1896) 110 Cal. 655.)
c) Vacancies for Reasons other than Misconduct: Death, resignation, mental or physical incapacity, relocating, and other such situations that may create vacancies in the office of an elected sheriff law. Courts have ruled that vacancies for reasons other than removal may be filled without any sort of hearing or proceeding. (Klose v. Superior Court in & for San Mateo County (1950) 96 Cal.App.2d 913, 917; People ex rel. Tracy v. Brite (1880) 55 Cal. 79.)
d) Recall by Voters: A county sheriff can be recalled by the voters under the terms set forth in the Election Code. Article II, section 19 of the California Constitution requires the Legislature to “provide for recall of local officers.”2 Accordingly, the Legislature established a statutory recall procedure for recalling sheriffs and other general law county officers. (Elec. Code, § 11000, et seq.)
Nothing in this bill limits any of these existing options for the removal of a sheriff.

However, this bill would extend to circumstances in which a board of supervisors may

2 General law counties possess only those powers expressly conferred upon them by the California Constitution and the Legislature, and therefore they cannot create their own recall or removal procedures absent statutory authorization. (Younger v. Board of Supervisors (1979) 93 Cal.App.3d 864, 870.) A charter county, on the other hand, has authority to adopt its own procedure to recall its sheriff. (Cal. Const., art. XI, § 4.) When presented with a county charter contains no recall procedure, the California Supreme Court held that “in such a situation the recall proceedings must conform to the general law” as set forth in statute. (Muehleisen v. Forward (1935) 4 Cal.2d 17,

19.)
AB 1090

need to act expeditiously to remove a county sheriff, rather than wait for a grand jury to convene or a recall election to be held.
6) Argument in Support: According to Oakland Privacy, “In recent years, many county sheriffs have taken actions and run their departments in ways that have caused friction in the community and distress on elected county boards of supervisors. Prominent examples include Alameda County, where for a number of years the former Sheriff Gregory Ahern continued to voluntarily detain inmates on behalf of ICE despite Board of Supervisor resolutions and strong community sentiments to end the practice, and Los Angeles where former sheriff Alex Villanueva obstructed an investigation into an in-custody death and threatened criminal charges against a reporter, before walking that back. In addition, some sheriffs throughout the state declined to enforce public health mandates put into place by county health officers and supervisors.
“According to current law, the remedy for such situations is an electoral one, with voters having the power to administer a rebuke to a current sheriff by voting for another candidate for the position in the next election, which can be as long as four years into the future. In the cases cited above, voters did exactly that by replacing Sheriff Gregory Ahern with Sheriff Yesenia Sanchez and replacing Sheriff Alex Villanueva with Sheriff Robert Luna. “However, such remedies are not always available to the voters, especially in the smaller counties of California. The majority of sheriff elections are uncontested, meaning there is only one candidate, and voters can only vote yes or abstain. California’s rural and small counties deserve an equal level of accountability to that of California’s larger counties, and it is far from guaranteed that in all cases, even large and urban counties will have a regular voter referendum on their sheriff. In Alameda County, prior to 2022, the then-incumbent sheriff Ahern faced no opposition for four consecutive election cycles, a period of sixteen years beginning in 2006.
“The current accountability measures in place, apart from elections, derive from the Board of Supervisor’s power of the purse in setting a sheriff’s department budget. This is not an insignificant source of leverage, but it risks distorting the budget process to address issues of policy and accountability that are not primarily financial in nature. We would argue that good governance dictates not shoving misconduct issues into the budgetary process. “There is no doubt that is a sobering thing to allow one elected body to potentially remove an elected officer. Nonetheless, our State and Federal governments permit such through the process of impeachment - with a 2/3rds vote. AB 1090 is simply a recognition that an elected sheriff, unlike an elected body of more than one person, has no collegial process to address issues of misconduct that are addressed by a removal process on a board, council or commission, or by impeachment at the State and Federal levels, and that the electoral remedy is often not practicably available to the voters.
“In essence, AB 1090 asks what is misconduct by a sheriff, and if and when it occurs, where is the remedy that is available in a timely and consistent manner? Under current law, there really isn’t one. Here in Alameda County, the former sheriff’s declaration that policy mandates from the Board of Supervisors and overwhelming public sentiment would not impact the conduct of the sheriff’s office with regard to ICE became a long-term public wound. It did enormous damage to the faith of the county’s voters in the sheriff’s department AB 1090

and in the efficacy of the Board of Supervisors. After a decade of no available remedy, the damage had already been done and the new sheriff has a big job to restore trust and relationships.
“We would argue that the democratic process i.e. what the voters wanted, was delayed for an unforgivably long time due to the limitations of current law and held hostage to the “personal beliefs” of the former sheriff and the difficulty of finding candidates willing to run against a powerful incumbent.
“Unlike sheriffs, it is a rare occasion, although not unheard of, that a county supervisor position is elected in an uncontested election. The voter “check and balance” is more consistent and AB 1090 allows for a county board of supervisors to develop a due process procedure that can include additional steps to protect against an ideologically-based removal process. We encourage making that process as robust as possible, but given the limitations in current law, *a* process beyond waiting for the next election should be implemented.” 7) Argument in Opposition: According to the California Statewide Law Enforcement Association (CSLEA), “Sheriffs, like county boards of supervisors are elected and held accountable by the voters.
“Shifting power and accountability from the voters to the Board risks injecting politics and petty disagreements into the removal of a Sheriff, overriding the will of the voters. “By nullifying the will of the voters, the Board of Supervisors will become the judge, jury, and executioner for the Office of the Sheriff. We believe these decisions are best left to the voters.”
8) Related Legislation: AB 797 (Weber), would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices.
9) Prior Legislation: AB 1185 (McCarty), Chapter 342, Statutes of 2020, authorized counties to create a sheriff’s oversight board and an office of inspector general.

REGISTERED SUPPORT / OPPOSITION:

Support
Black Lives Matter – Los Angeles
Initiate Justice
Oakland Privacy
Secure Justice
Opposition
Association of Orange County Deputy Sheriffs
California Fraternal Order of Police
California State Sheriffs' Association
California Statewide Law Enforcement Association
AB 1090

Deputy Sheriffs Association of San Diego County
Long Beach Police Officers Association
Sacramento County Deputy Sheriffs' Association
San Bernardino County Sheriff's Employees' Benefit Association Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744

RESOLUTION NO.____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE, IN OPPOSITION TO STATE SENATE BILL 94

WHEREAS, existing State law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole; and
WHEREAS, existing State law added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified; and WHEREAS, existing State law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute; and WHEREAS, Senate Bill 94 (SB 94) would authorize an individual sentenced to death or life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least twenty (20) years in custody; and WHEREAS, SB 94 would authorize the court to modify the petitioner’s sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner’s conviction and impose judgement on a lesser included offense, as specified; and
WHEREAS, SB 94 would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present, and WHEREAS, SB 94 would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of the dismissing a special circumstance, unless the court finds that petitioner is currently an unreasonable risk of danger to public safety, as Resolution No. ___-2023

defined; and
WHEREAS, SB 94 would require the court to appoint the State Public Defender or other qualified counsel for an indigent petitioner.

NOW, THEREFORE, it is hereby DECLARED and ORDERED, that the City Council of the City of Porterville does hereby oppose Senate Bill 94.

This Resolution shall take effect from and after the date of its passage and adoption by this Council.

PASSED, APPROVED, AND ADOPTED this 2nd day of May, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
AMENDED IN SENATE MARCH 23, 2023
SENATE BILL No. 94
Introduced by Senator Cortese
(Principal coauthor: Senator Becker)
(Coauthors: Senators Skinner and Wiener)
(Coauthors: Assembly Members Jackson and Weber)
January 18, 2023
An act to add Section 1172.5 to the Penal Code, relating to sentencing. legislative counsel’s digest
SB 94, as amended, Cortese. Recall and resentencing: special circumstances.

Existing law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute.

This bill would authorize an individual sentenced to death or life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least 20 years in custody. The bill would

98 authorize the court to modify the petitioner’s sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner’s conviction and impose judgment on a lesser included offense, as specified. The bill would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing a special circumstance, unless the court finds that petitioner is currently an unreasonable risk of danger to public safety, as defined.

The bill would require the court to appoint the State Public Defender or other qualified counsel for an indigent petitioner.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  In the last 10 years, the Legislature has enacted numerous line 4 reforms to require judges to consider mitigating factors in line 5 sentencing, including: whether the individual to be sentenced is line 6 or was a victim of intimate partner violence, sexual violence, or line 7 human trafficking (AB 124 enacted in 2021); whether the line 8 individual experienced childhood trauma, including abuse, neglect, line 9 exploitation, or sexual violence (AB 124 enacted in 2021); whether line 10 the individual was young, meaning under 26 years of age, at the line 11 time of the offense (AB 124 enacted in 2021, SB 260 enacted in line 12 2013, SB 261 enacted in 2015); whether the individual was a line 13 veteran and the conduct was related to trauma experienced in the line 14 military (AB 2098 enacted in 2014, AB 865 enacted in 2018, SB line 15 1209 enacted in 2022); whether the individual suffers from line 16 cognitive impairment, intellectual disability, or mental illness (AB line 17 2512 enacted in 2020, SB 215 enacted in 2018); and whether there line 18 was racial bias in the proceedings (AB 2542 enacted in 2021, AB line 19 256 enacted in 2022).
line 20 (b)  In the last 10 years, the Legislature has also enacted reforms line 21 recognizing that individuals are capable of redemption and line 22 requiring judges, when reviewing previously imposed sentences, line 23 to consider changed circumstances such as an individual’s 98 SB 94 — 2 —
line 1 rehabilitation while in custody, that the passage of time may line 2 significantly change the relevance of factors previously considered line 3 in sentencing, and that other changed circumstances may mean line 4 that an originally imposed sentence is no longer in the interest of line 5 justice (AB 1812 enacted in 2018, AB 2942 enacted in 2018, AB line 6 1540 enacted in 2021, AB 960 enacted in 2022).
line 7 (c)  It is necessary to correct sentences that would not be imposed line 8 today because of legal reforms enacted since an individual’s line 9 conviction. Judges should have the opportunity to take a second line 10 look at these sentences in light of evolving standards of decency line 11 and reforms that mandate the consideration of mitigating factors line 12 at sentencing such as youth, childhood trauma, victimization, race, line 13 military service and mental illness, and in light of changed line 14 circumstances, including an individual’s rehabilitation. line 15 (d)  While individuals sentenced to parole-eligible sentences line 16 have an opportunity for some of these mitigating factors and line 17 changed circumstances to be considered in the parole process, line 18 individuals sentenced to life without parole or death do not. line 19 (e)  It is the intent of the Legislature that judges be given an line 20 opportunity to review sentences of life without parole or death for line 21 offenses prior to before June 5, 1990, to exercise their discretion line 22 in sentencing, considering mitigating factors and changed line 23 circumstances as now required in sentencing.
line 24 SEC. 2. Section 1172.5 is added to the Penal Code, to read:
line 25 1172.5. (a)  An individual who has been sentenced to death or line 26 life imprisonment without possibility of parole for a conviction in line 27 which one or more of the special circumstances enumerated in line 28 Section 190.2 has been found true, may petition the court to recall line 29 the sentence and resentence to a lesser sentence if:
line 30 (1)  The offense occurred before June 5, 1990.
line 31 (2)  The individual has served at least 20 years in custody. line 32 (b)  (1)  The petition shall be filed with the court that sentenced line 33 the petitioner and served on the district attorney, or on the agency line 34 that prosecuted the petitioner. The presiding judge shall designate line 35 a judge to rule on the petition. The petition shall include all of the line 36 following:
line 37 (A)  A declaration by the petitioner that the petitioner is eligible line 38 for relief pursuant to subdivision (a).
line 39 (B)  The superior court case number and date of the petitioner’s line 40 offense and conviction.
98 — 3 — SB 94
line 1 (C)  Whether the petitioner currently has counsel and, if not, line 2 whether the petitioner is indigent.
line 3 (2)  If any of the information required by this subdivision is line 4 missing from the petition and cannot be readily ascertained by the line 5 court, the court may deny the petition without prejudice to the line 6 filing of another petition and advise the petitioner that the matter line 7 cannot be considered without the missing information. line 8 (c)  The court shall review the petition and determine if it alleges line 9 the elements set forth in subdivision (a). If the subject of the line 10 petition does not have counsel and is indigent, the court shall line 11 appoint the State Public Defender or other qualified counsel to line 12 represent the individual. If counsel is newly appointed, they may line 13 file a supplementary petition within 60 days. The prosecutor may line 14 file and serve a response within 60 days of service of the petition line 15 or supplementary petition and the petitioner may file and serve a line 16 reply within 30 days after the prosecutor response is served. These line 17 deadlines shall be extended for good cause.
line 18 (d)  (1)  Within 60 days after the reply is filed, the court shall line 19 hold a hearing to determine whether to recall the sentence and line 20 resentence the petitioner. This deadline may be extended for good line 21 cause.
line 22 (2)  The resentencing court may, in the interest of justice and line 23 regardless of whether the original sentence was imposed after a line 24 trial or plea agreement, do the following:
line 25 (A)  May modify the petitioner’s sentence to impose a lesser line 26 sentence, and apply any changes in law that reduce sentences or line 27 provide for judicial discretion.
line 28 (B)  May vacate the petitioner’s conviction and impose judgment line 29 on any necessarily included lesser offense, whether or not that line 30 offense was charged in the original pleading, and then resentence line 31 the petitioner to a lesser sentence.
line 32 (3)  The parties may waive a resentencing hearing and stipulate line 33 that the petitioner is eligible for recall and resentencing. line 34 (4)  A petitioner who is resentenced pursuant to this section shall line 35 be given credit for time served.
line 36 (5)  Resentencing under this subdivision shall not result in the line 37 imposition of a term longer than the original sentence. line 38 (6)  The court shall state on the record the reasons for its decision line 39 to grant or deny recall and resentencing.
98 SB 94 — 4 —
line 1 (e)  (1)  In considering a petition pursuant to this section, the line 2 court shall consider and afford great weight to evidence offered line 3 by the petitioner to prove that any of the following mitigating line 4 circumstances are present:
line 5 (A)  The petitioner was a victim of intimate partner violence, line 6 sexual violence, or human trafficking.
line 7 (B)  The petitioner experienced childhood trauma, including line 8 abuse, neglect, exploitation, or sexual violence. line 9 (C)  The petitioner is a veteran and the conduct involved in the line 10 offense related to trauma experienced in the military. line 11 (D)  The petitioner has been diagnosed with cognitive line 12 impairment, intellectual disability, or mental illness. line 13 (E)  The petitioner was a youth, as defined under subdivision line 14 (b) of Section 1016.7 at the time of offense.
line 15 (F)  The sentence violates Section 745 (the California Racial line 16 Justice Act).
line 17 (G)  The petitioner’s age, time served, or diminished physical line 18 condition reduces the petitioner’s risk for future violence. line 19 (2)  Proof of the presence of one or more of these circumstances line 20 weighs greatly in favor of dismissing the special circumstance, line 21 unless the court finds that the petitioner is currently an line 22 unreasonable risk of danger to public safety, as defined in line 23 subdivision (c) of Section 1170.18.
line 24 (f)  The court shall consider postconviction factors, including, line 25 but not limited to, the disciplinary record and record of line 26 rehabilitation of the petitioner while incarcerated, and evidence line 27 that reflects that circumstances have changed since the original line 28 sentencing so that the sentence originally imposed is no longer in line 29 the interest of justice.
line 30 (g)  This section does not diminish or abrogate any rights or line 31 remedies otherwise available to the subject of the petition. line 32 (h)  If the judge declines to impose a reduced sentence, a line 33 subsequent petition pursuant to this section may be filed if at least line 34 two years have passed from the denial of the prior application. line 35 (i)  The petitioner may appear remotely, and the court may line 36 conduct the hearing through the use of remote technology, unless line 37 counsel requests their physical presence in court and if not line 38 otherwise prohibited by state law.

O
98 — 5 — SB 94

SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 94 Hearing Date: April 11, 2023
Author: Cortese
Version: March 23, 2023
Urgency: No Fiscal: Yes
Consultant: MK
Subject: Recall and resentencing: special circumstances

HISTORY
Source: Ella Baker Center for Human Rights
Prior Legislation: SB 300 (Cortese) not heard Assembly floor 2021-2022 SB 1437 (Skinner) Chapter 105, Stats. 2018
SCR 48 (Skinner) Chapter 175, Stats. 2017
SB 878 (Hayden) Failed Senate Floor 1999
Support: 8th Amendment Project; A New Way of Life Reentry Project; Alliance for Boys and Men of Color; American Friends Service Committee; Amnesty International USA; Asian Pacific Islander Re-entry and Inclusion Through Support and Empowerment; Asian Prisoner Support Committee; Bend the Arc: Jewish Action California; Black Women Organized for Political Action (BWOPA); Blameless and Forever Free Ministries; California Attorneys for Criminal Justice; California Catholic Conference; California Coalition for Women Prisoners; California Families Against Solitary Confinement; California Immigrant Policy Center; California Native Vote Project; California Public Defenders Association (CPDA); Californians for Safety and Justice; Californians United for A Responsible Budget; Center for Employment Opportunities; Center on Juvenile and Criminal Justice; City of Oakland Mayor Sheng Thao; Communities United for Restorative Youth Justice (CURYJ); Community Agency for Resources, Advocacy and Services; Community Legal Services in East Palo Alto; Courage California; Cure California; Decarcerate Sacramento; Drop LWOP Coalition; Drug Policy Alliance; Ella Baker Center for Human Rights; Empowering Pacific Islander Communities (EPIC) Fiscally Sponsored by Community Partners; End Solitary Santa Cruz County; FUEL - Families United to End LWOP; Fair Chance Project; Faith in Action East Bay; Families Against Mandatory Minimums Foundation; Felony Murder Elimination Project; Foundation Aussergewöhnlich Berlin; Friends Committee on Legislation of California; Holy Cross Lutheran Church, Livermore, CA; Housing and Economic Rights Advocates; Human Rights Watch; If/When/How: Lawyering for Reproductive Justice; Individual; Indivisible CA Statestrong; Indivisible Sacramento; Indivisible San Francisco; Indivisible Yolo; Initiate Justice; Inland Equity Partnership; Interfaith Movement for Human Integrity; Islamic Shura Council of Southern California; John Burton Advocates for Youth; Justice2jobs Coalition; La Defensa; Latinojustice Prldef; Law Enforcement Action Partnership; Lawyers' Committee for Civil Rights of The San SB 94 (Cortese ) Page 2 of 8
Francisco Bay Area; Legal Services for Prisoners With Children; Long Beach Immigrant Rights Coalition; Milpa (motivating Individual Leadership for Public Advancement); National Association of Social Workers, California Chapter; National Center for Lesbian Rights; National Harm Reduction Coalition; North Bay Jobs With Justice; Peninsula Multifaith Coalition; Prosecutors Alliance California; Restore Oakland, INC.; Root & Rebound; Safe Return Project; San Francisco Public Defender; Santa Cruz Barrios Unidos INC.; Secure Justice; Showing Up for Racial Justice (SURJ) Bay Area; Showing Up for Racial Justice Santa Cruz County; Silicon Valley De-bug; Sister Warriors Freedom Coalition Smart Justice California; Social Change; Starting Over, INC.; Survived & Punished; Techequity Collaborative; The Place4grace; The Resistance Northridge-indivisible; The San Diego Lgbt Community Center; The Transformative In-prison Workgroup; Unapologetically Hers; Uncommon Law; Underground Grit; Underground Scholars Initiative At the University of California, Irvine; United Core Alliance; White People 4 Black Lives; Young Women's Freedom Center
Opposition: California Association of Highway Patrolman; California District Attorneys Association; California State Sheriffs' Association; Crime Victims United of California; San Diegans Against Crime; San Diego County District Attorney's Office; San Diego Deputy District Attorneys Association

PURPOSE
The purpose of this bill is to set up a process for a person who has been sentenced to death or life imprisonment before June 5, 1990 can seek a recall of their sentence and be resentenced to a lesser sentence.

Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Penal Code, § 187(a))
Existing law defines malice for this purpose as either express or implied and defines those terms.  It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature.
 It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (Penal Code § 188) Existing law defines first degree murder, in part, as all murder that is committed in the perpetration of, or attempt to perpetrate, specified felonies. (Penal Code § 189.) Existing law, as enacted by Proposition 7, approved by the voters at the November 7, 1978, statewide general election, prescribes a penalty for that crime of death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. (Penal Code § 190)
Existing law provides that the penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of 22 special circumstances are found to be true. (Penal Code § 190.2) SB 94 (Cortese ) Page 3 of 8
This bill provides that an individual who has been sentenced to death or life imprisonment without possibility of parole for a conviction in which one or more special circumstance has been found true, may petition the court to recall the sentence and resentence to a lesser sentence if:
1) The offense occurred before June 5, 1990.
2) The individual has served at least 20 years in custody.

This bill provides that the petition shall be filed with the court that sentenced the petitioner and served on the district attorney or on the agency that prosecuted the petitioner.

This bill provides that the presiding judge shall designate a judge to rule on the petition.

This bill provides that the petition shall include all the following:
1) A declaration by the petitioner that the petitioner is eligible for relief. 2) The superior court case number and date of the petitioner’s offense and conviction. 3) Whether the petitioner currently has counsel, and if not, whether the petitioner is indigent.

This bill provides that if any of the information required by this subdivision is missing from the petition and cannot be readily ascertained by the court may deny the petition without prejudice to the filing of another petition and advise the petitioner that matter cannot be considered without the missing information.

This bill provides that he court shall review the petition and determine if it alleges the elements required.

This bill provides that if the court does not have counsel and is indigent, the court shall appoint the State Public Defender or other qualified counsel to represent the individual.

This bill provides if counsel is newly appointed, they may file a supplementary petition within 60 days.

This bill provides that the prosecutor may file and serve a response within 60 days of service of the petition or supplementary petition and the petitioner may file and serve a reply within 30 days after the prosecutor response is served.

This bill provides that the deadlines may be extended for good cause.

This bill provides that within 60 days after the reply is filed, the courts hall hold a hearing to determine whether to recall the sentence and resentence the petitioner.

This bill provides that the resentencing court may in the interest of justice and regardless of whether the original sentence was imposed after a trial or plea agreement, do the following:
1) May modify the petitioner’s sentence to impose a lesser sentence, and apply any changes in law that reduce sentences or provide for judicial discretion. 2) May vacate the petitioner’s conviction and impose judgment on a necessarily included lesser offense, wither or not that offense was charged in the original pleading, and then resentence the petitioner to a lesser sentence.

This bill provides that the parties may waive a resentencing hearing and stipulate that the petitioner is eligible for recall and resentencing.

SB 94 (Cortese ) Page 4 of 8
This bill provides that a petitioner who is resentenced shall be given credit for time served.

This bill provides that resentencing under this subdivision shall not result in the imposition of a term longer than the original sentence.

This bill provides that the court shall state on the record the reasons for its decision to grant or deny recall and resentencing.

This bill provides that in considering a petition pursuant to this section, the court shall consider and afford great weight to evidence offered by the petitioner to prove that nay of the following mitigating circumstances are present:
1) The petitioner was the victim of intimate partner violence, sexual violence, or human trafficking;
2) The petitioner experienced childhood trauma, including abuse, neglect, exploitation, or sexual violence.
3) The petitioner is a veteran and the conduct involved in the offense related to trauma experienced in the military.
4) The petitioner has been diagnosed with cognitive impairments, intellectual disability, or mental illness.
5) The petitioner was under the age of 26 at the time of the offense. 6) The sentence violates the California Racial Justice Act. 7) The petitioner’s age, time served, or diminished physical condition reduces the petitioner’s risk for future violence.

This bill provides that proof of the presence of one or more of the above circumstances weighs greatly in favor of dismissing the special circumstance, unless the court finds that the petitioner is currently an unreasonable risk of danger to public safety.

This bill provides that the court shall consider postconviction factors, including, but not limited to, the disciplinary record and record of rehabilitation of the petitioner while incarcerated, and evidence that reflects that circumstances have changed since the original sentence so that the sentence originally imposed I no longer in the interest of justice.

This bill provides that it does not diminish or abrogate any rights or remedies otherwise available to the subject of the petition.

This bill provides that if the judge declines to impose a reduced sentence, a subsequent petition pursuant to this section may be filed if at least two years have passed for the denial of the prior application.

This bill provides that the petitioner may appear remotely, and the court may conduct the hearing through the use of remote technology, unless counsel requests their physical presence in court and if not otherwise prohibited by state law.

This bill contains uncodified Legislative findings and declarations.

SB 94 (Cortese ) Page 5 of 8

COMMENTS

1. Need for This Bill
According to the author:

Existing law provides that when a prosecutor charges a special circumstance enhancement and it is found true, a person found guilty of first degree murder with special circumstances shall be punished by death or LWOP. (Pen. Code, § 190.2.) Prop 115, passed by the voters on June 5, 1990, removed from judges the discretion to dismiss a special circumstance finding after it has been found true. Judges retain the power to dismiss special circumstances after they have been found true for offenses that occurred before June 5, 1990.

Penal Code section 1172.1 permits a judge, prosecutor or CDCR to recall a sentence for reconsideration. This code section does not permit an individual to petition for recall and reconsideration of a sentence.

The majority of people serving a life without parole sentence are classified as low risk according to California Department of Corrections and Rehabilitation (CDCR)’s own California Static Risk Assessment tool - 88% of people serving life without parole have been assessed with the lowest risk score on that scale.

Research also conclusively demonstrates that there is little risk for elderly individuals to re-offend or recidivate upon release. For individuals previously sentenced to life without parole who were granted a commutation and released, the recidivism rate is zero percent. Based on CDCR data, an analysis from the Special Circumstances Conviction Project of UCLA Center for the Study of Women, estimates that this reform might qualify 200 death penalty cases, and 600 LWOP cases for review.

2. Proposition 115
Existing law, as enacted by Proposition 115, approved by California voters on June 6, 1990, made a number of procedural changes to criminal law in California including changes to discovery and the allowance of hearsay testimony by peace officers at preliminary hearings. It also added additional special circumstances to those for which the death penalty applies and removed from judges the discretion to dismiss a special circumstance finding after it has been found true. Judges retain the power to dismiss special circumstances after they have been found true for offenses that occurred before June 5, 1990.

3. Recall and resentence for cases before June 5, 1990.

Because Judges retain the power to dismiss special circumstances after they have been found true for offenses that occurred before June 5, 1990, this bill sets up a process for people who were sentenced to death or life without the possibility of parole and the offense occurred prior to June 5, 1990 to petition a court to recall the sentence and resentence to a lesser sentence. The person must also have already served at least 20 years in custody.

SB 94 (Cortese ) Page 6 of 8
a. Petition Filed in sentencing court
The petition is to be filed with the court that sentenced the petitioner and served on the district attorney. The presiding judge shall assign a judge to hear a petition, it has been over 20 years so it is unlikely, but not impossible, that the judge who originally heard the case is still on the bench. If the petition does not include required information it can be denied without prejudice.

If the petition is denied, without prejudice, because of something lacking in the petition, should this only occur after an indigent defendant has been appointed counsel? b. Indigent defendants.

The petition shall include a statement as to whether the petitioner has counsel or if the petitioner is indigent. If the petitioner is indigent, the court shall appoint the State Public Defender or other qualified counsel to represent the defendant. The newly appointed counsel may have 60 days to file a supplementary petition and the district attorney has 60 days to respond to the original or supplementary petition.
c. Actions the court may take
The resentencing court may, in the interest of justice do any of the following:
 Modify the petitioner’s sentence to impose a lesser sentence, and apply any changes in law that reduce sentences or provide for judicial discretion.  Vacate the petitioner’s conviction and impose judgement on any necessarily included lesser offense, whether or not that offense was charged in the original pleading, and then resentence the petitioner to a lesser sentence.
d. Considerations by the court
In considering the petion, the court shall consider and afford great weight to evidence offered by the petitioner to prove any of the following mitigating circumstances are present  The petitioner was victim of intimate partner violence, sexual violence, or human trafficking.
 The petitioner experienced childhood trauma, including abuse, neglect, exploitation, or sexual violence.
 The petitioner is a veteran and conduct involved in the offense related to trauma experienced in the military.
 The petitioner has been diagnosed with cognitive impairment, intellectual disability, or mental illness.
 The petitioner was under the age of 26 at the time of the offense.  The sentence violates the California Racial Justice Act.  The petitioner’s age, time served, or diminished physical condition reduces the petitioner’s risk for future violence.

The bill provides that proof of one of the above weighs greatly in favor of dismissing the special circumstance, unless the court finds that the petitioner is currently at risk to public safety.

SB 94 (Cortese ) Page 7 of 8
The court shall also consider postconviction factors including disciplinary record while incarcerated, rehabilitation of the petitioner while incarcerated, and evidence that reflects the circumstances have changed.
e. Procedural issues
This bill also sets forth a number of procedural considerations:
 The parties may waive a resentencing hearing and stipulate that the petitioner is eligible.
 The petitioner may appear remotely and the court may conduct the hearing using remote technology, unless counsel requests their physical presence.  A petitioner who is resentence shall be given credit for time served.  Resentencing under this section should not result in a longer sentence.  The court shall state on the record the reasons for its decision to grant or deny recall and sentencing.

4. Argument in Support
Supporters of this bill note that nothing in this bill guarantees a person will be resentenced or leave prison, but it is consistent with some of the other recent criminal justice reforms in recognizing that people may change while incarcerated and may no longer pose a threat to society. Specifically the Alliance for Boys and Men of Color states:

There are people languishing in state prisons, that were they in court today, would receive a more just sentence. In the last ten years, the Legislature has enacted several reforms to restore judicial discretion and to allow judges to consider mitigating factors at sentencing, including whether the person was a victim of intimate partner violence or human trafficking or had experienced childhood trauma, exploitation or sexual abuse.

Although individuals sentenced to LWOP or death have no path to parole today, many have exhibited decades of exemplary behavior, participated in extensive positive programming, have come to understand the contributing factors which led to their incarceration, and have devoted themselves to becoming positive members of society. The majority of people serving a life without parole sentence are classified as low risk according to California Department of Corrections and Rehabilitation’s own California Static Risk Assessment tool - 88% of people serving life without parole have been assessed with the lowest risk score on that scale. Research also conclusively demonstrates that there is little risk for elderly individuals to re-offend or recidivate upon release. For individuals previously sentenced to life without parole in California who were granted a commutation and released, the recidivism rate is zero percent.

This bill does not guarantee resentencing or release. Any individual who is granted resentencing by a judge will then need to go before the parole board, who will make a determination about their suitability for release. This bill allows courts to consider old cases in light of changes in law, thereby applying the law more fairly.

SB 94 (Cortese ) Page 8 of 8
This will mean that individuals that deserve a second chance won’t have to die behind bars. For these reasons, our organization strongly supports SB 94 (Cortese).

5. Argument in Opposition
The California District Attorneys oppose this bills stating:

First, SB 94 subverts the will of The People of the State of California, who voted to prohibit the dismissal of special circumstances in 1990 via Proposition 115. Your bill acknowledges this fact. However, the bill then seeks to avoid this declaration by providing dismissal of special circumstances to sentences not covered by the Proposition. While this is technically legal, it is in direct conflict with the will of the People. Rather than govern through technicality, we suggest you bring the issue back to the voters to see if they agree with you, or abide by the conditions in their initiative–specifically a ⅔ vote in both houses. As it stands, we must oppose.

Second, your bill would impose a substantial and unwarranted burden on the judicial system, limiting access and extending wait times for individuals in order to allow individuals who have committed the most egregious offenses to seek resentencing. This measure makes no distinction between those who have demonstrated some indicators of redemption or rehabilitation and those who have not. Instead, it would burden the state’s already overburdened judicial system and retraumatize the families of murder victims with resentencing hearings for individuals who have shown few or no signs of redemption, and who jurors did not believe were worthy of the opportunity for parole based on the nature of their crimes.
-- END –
Item No. 19.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Bid Results - Tule River Parkway, Phase 3 Project SOURCE: Engineering and Project Management
COMMENT: On February 9, 2023, staff received three bids for the Tule River Parkway, Phase 3 Project. The Project consists of the construction of a Class I Bicycle and Pedestrian Trail between Main and Plano Streets. This phase of a multiphase trail system will extend 1.25 miles of existing trail to the east, thereby continuing the development of a system of linkages that will provide for alternate modes and routes of travel. The trail will include solar lighting fixtures, bridges, retaining walls, trail signage and markings, and other related appurtenances.

This Project is funded by a federal Congestion Mitigation and Air Quality Improvement (CMAQ) grant, and a required component of that grant is the utilization of Disadvantaged Business Enterprises (DBEs). A project goal is set that must be met or the bidding contractor must demonstrate that all reasonable steps were taken to solicit and encourage DBE participation in the Project. On a project of this size, staff must evaluate each contractor's Good Faith Effort (GFE) package and then submit its findings to Caltrans for review.

The DBE participation goal for this project was set at fifteen percent (15%).

The only bidder that met the said goal was bidder number three, Cal Valley Construction, Inc., and its bid was 43.17% higher than the Engineer's Estimate of Probable Cost of $1,998,950. Since the apparent low bidder, MAC General Engineering, did not meet the DBE participation goal for this project, an evaluation of its GFE package was required. Staff completed its review and submitted its findings to Caltrans as required, and Caltrans agreed that the GFE submitted did not meet the full guidelines of the program. The next apparent low bidder, American Paving Co., did not meet the DBE participation goal for the project either and, as such, an evaluation of its GFE package was also required. Staff completed its review and submitted its findings to Caltrans as required, with the findings that it did meet the full guidelines of the program and all reasonable steps to encourage and obtain DBE participation were completed.

All three bids received are over the Engineer's Estimate; however, deadlines for the grant will make it difficult to rebid this project without jeopardizing the funding. It is also important to note that this is the second attempt at advertising for bids for this Project and the bids received the second time were in-line with the first set of bids in regard to pricing, but the City did receive fewer bids this time. It is reasonable to believe that further attempts would not prove any more Item No. 19.
successful.

Bid Results:

Contractor Bid Amount DBE
Participation
GFE
Compliant
Percent Over
Estimate
MAC General
Engineering,
Inc
Exeter, CA
$2,285,014.93 0% No 14.31%
American
Paving Co.

Fresno, CA
$2,536,720 5.02% Yes 26.9%
Cal Valley
Construction,
Inc
Fresno, CA
$2,861,850 32.098% N/A 43.17%
Staff has found the second bid acceptable, as represented by American Paving Co. of Fresno, in the amount of $2,536,720. An additional $253,672 is necessary for construction contingency (10%). It is anticipated that an additional $253,672 is required for construction staking, construction management, quality control and inspection services (10%) for a total project cost of $3,044,064. In addition to the base project costs, the recent storms have caused damage to the banks of the Tule River in the area of this Project that will require additional funding for re-design and construction stabilization repairs so that this Project can be successfully completed. The Tulare County Association of Governments (TCAG) has authorized up to $500,000 of Measure R Alternative Transportation (AT) funds for this additional work. The additional work brings the overall project total to $3,544,064.

This Project is funded by a federal Congestion Mitigation and Air Quality Improvement (CMAQ) grant in the amount of $1,825,000. An additional $124,500 is funded through a previously approved Measure R Supplemental Agreement. TCAG has pledged up to $500,000 additional Measure R AT funds for the needed repairs, leaving a shortfall of $1,091,564. Funding for the additional $1,091,564 is available from Local Transportation Funds (LTF) and would fully fund the Project.

RECOMMENDATION: That the City Council consider:

1. Award of the Tule River Parkway, Phase 3 Project to American Paving Co. in the amount of $2,536,720:

2. Authorize progress payments up to one hundred percent (100%) of the contract amount;
3) Authorize a contingency in the amount of $253,672;
4) Authorize ten percent (10%) for construction staking, construction management, quality control and inspection services; 5) Authorize an additional appropriation of $1,091,564 in Local Transportation Funds to fully fund the project.

Item No. 19.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

MAIN STREET

PLANO STREET

TULE RIVER

POPLAR DITCH

TOP OF BANK

0.00 AP NE COR

0.00 AP

0.00 AP NE COR

0.00 AP

0.00 AP NW COR 0.00 AP
458.24 1X2

POPLAR DITCH

TULE RIVER
flood line
flood line FALLEN HEROES PARK TOP OF BANK TOP OF BANK TOP OF BANK FUTURE PICNIC AREA PROPOSED 10' WIDE ALIGNMENT PROPOSED STAGING AREA STA:0+00 STA:1+00
STA:2+00
STA:3+00 STA:4+00 STA:5+00 STA:6+00
STA:7+00
STA:8+00
STA:9+00
STA:10+00
STA:11+00
STA:12+00 STA:13+00
STA:14+00
STA:15+00
STA:16+00
STA:17+00
STA:18+00 STA:19+00
STA:20+00
STA:21+00
STA:22+00
STA:23+00 STA:24+00
STA:25+00
STA:26+00 STA:27+00
STA:28+00
STA:29+00
STA:30+00
STA:30+34 12' x 100' PED / BIKE BRIDGE PROPOSED RETAINING WALLS EXISTING 8' CONCRETE WALKWAY CONNECTION TO EXISTING TRAIL 20' x 60' HEAVY VEHICLE BRIDGE 12' x 60' PED / BIKE BRIDGE FUTURE TRAIL EXTENSION PROPOSED STAGING AREA PROPOSED STAGING AREA PROPOSED STAGING AREA PROPSED TRAIL LENGTH 3034 LF PROPOSED 10' WIDE ALIGNMENT 3.1% 0.05% 1.5% 0.005% 1.5% 1.5% 1.5% .005% 5.3% 8.3%

4.1%

1.5% CITY OF PORTERVILLE ENGINEERING DIVISION
291 N. MAIN ST. PORTERVILLE, CALIFORNIA 93257 559 782-7462 N
O R T
H 0 100 200 SCALE: 1"=100'
Item No. 20.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on May 2, 2023, the Council reviewed and acted to renew the emergency declaration.

On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.

On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.

On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the Item No. 20.
neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.

On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.

On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.

To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve.

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they Item No. 20.
will be returning to the Armory TEP and other Tulare County locations (e.g.

Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged between 10 and 15 individuals each evening.

On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility.

On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.

On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals Item No. 20.
and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation.

At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.

RECOMMENDATION: That the City Council:

1. Receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration; and

2. Consider approval of the draft License to Use State Property Agreement with the California Military Department.

ATTACHMENTS: 1. Declaration of Local Emergency - March 13, 2023

2. Resolution No. 11-2023

3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023

4. Tule River Banks Mandatory Evacuation Order - March 19, 2023

5. Governor Newsom Executive Order N-6-23

6. Federal Disaster Declaration Fact Sheet - April 3, 2023

7. City and County Memorandum of Understanding for
Shelter Support

8. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023

9. Draft License to Use State Military Property

10. Resolution No. 15-2023

11. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment

12. Royal Restrooms Invoice: Mobile Shower-Restroom Units

13. Rain for Rent Pump Invoice

14. Mike Clark Trucking Invoice

15. Municipal Code Chapter 9 - Civil Defense and Disaster Item No. 20.

16. California Government Code 8558
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.

2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph

3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.

4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.

5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.

6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.

The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.

9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.

10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________

GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State

Matter No. 2023359
Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.

Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.

As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.

Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.

Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.

As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.

Sincerely,
Andrew Lockman
Office of Emergency Services Manager
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 in Section III; “Notification”.

3. 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.

4. LICENSEE shall comply with such reasonable rules and regulations as may be prescribed by STATE for the reasonable use and occupation of State Facilities.

5. 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.

6. This agreement shall not be assigned or sublet or otherwise encumbered, in whole or in part, without STATE’S prior written consent.

7. STATE infrastructure shall supply PREMISES with utilities, but LICENSEE will transfer utility accounts into its name for payment: electric, sewer, water, refuse collection.

8. 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.

9. 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.

10. 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.

11. Upon completion of use, LICENSEE shall remove all decorations, display, signs, and equipment on PREMISES.

12. 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.

13. 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.

14. 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. In order to provide a variety of health, medical or other services to homeless citizens, LICENSEE may provide on-site program management through either LICENSEE employees, agents, volunteers or contracted services.

2. The armory facility will be available twenty-four (24) hours each day unless otherwise amended in writing by the STATE.

3. LICENSEE is solely responsible for protecting employees, patrons, agents, clients, or invitees from acts of third parties, and agrees to notify STATE and appropriate law enforcement agencies as required.

4. LICENSEE agrees to maintain PREMISES in a clean and habitable condition, which includes exterior landscape maintenance and removal of all litter, trash, cans, bottles, etc. from the site not less than once per day.

5. 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.

6. 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.

7. 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 use.

8. If significant plumbing issues occur due to continued actions of clients, LICENSEE will provide portable latrines, at its sole cost and expense, for the duration of the contract.

9. LICENSEE shall take all necessary steps to ensure clients do not constitute a nuisance in the immediate vicinity of the facility during hours of 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.

10. LICENSEE shall supply consumable sanitary items and paper products, which include, but not limited to: cleaning/sanitizing supplies and equipment, liquid soap, paper towels, and toilet paper. If requested (necessary), the County Health Department shall provide periodic health screenings and consultation on issues pertaining to sanitation

11. Pets of clients occupying PREMISES or participating in provided services are prohibited inside the PREMISES, with the exception of those meeting the definition of “service animal” in Section XV below.

12. LICENSEE shall ensure clients provide valid vehicle registration and insurance BEFORE parking their vehicle in PREMISES parking area.

13. 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. Utility accounts will be transferred to LICENSEE, which will directly pay utility costs on an as-incurred basis.

VII. TERM
License shall take effect no earlier than May 5, 2023 or upon execution by STATE, whichever is later, and shall expire no later than 0800 (8:00 A.M.) May 4, 2024.

VIII. AMENDMENT AND TERMINATION
AGEEMENT cannot be amended or modified in any way except by a written AGREEMENT duly executed by STATE and LICENSEE. Any proposal for amendment or modification must be delivered for review and approval by the Chief, Realty Operations or her/his delegatee.

AGEEMENT may be terminated by either party upon 30 days’ written notification to the other party at the addresses previously given in Section III; “Notification”. 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

FOR THE ADJUTANT GENERAL CITY OF PORTERVILLE

DATE: DATE:

Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS

LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:

Subtotal:

Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.

If you have any questions please call 800-457-3728
or e-mail [email protected].

Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

JESSE PINTOR
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354

CITY OF PORTERVILLE

PAYMENT
DUE
PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67

PHONE PHONE
Notes:

Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06

1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a)  “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b)  “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c)  (1)  “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2)  A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.)