Cities Index.
Agenda packet

Porterville City Council
September 19, 2023

Document
Agenda packet
Meeting
September 19, 2023
Body
Porterville City Council
Pages
27
Original file
118.9 MB
Text extracted from the city's file for reading and search. Open the original on portervilleca.api.civicclerk.com. That file is the official record.

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Annual Sidewalk and ADA Improvements $400,000 $400,000 $400,000 $400,000 $400,000 $400,000 $400,000 $400,000 $400,000 $400,000 MI Alleys $75,000 STP
Curb, Gutter and Sidewalk Maintenance $200,000 STP
Utility Cover Adjustments $300,000 SRF
$50,000 WRF
$60,000 WRF
$60,000 SRF
$60,000 SW Reserve
GHHS Streets Record of Survey $75,000 STP
Rock Crushing and Screening $70,000 $70,000 STP
Plano to Park Street (1080') $75,000 Measure R Local
Main to Plano $300,000 Measure R Local
Indiana to Jaye $300,000 Measure R Local
Jaye to Second Street (1440') $750,000 Measure R Local
Second to Plano $300,000 Measure R Local
Vandalia Ave to Springville Ave (1080') $67,000 Measure R Local Henderson Ave to Mulberry $500,000 Measure R Local
Date Ave to 1/4 mile South of College Ave (5280') $500,000 Measure R Local Westfield Ave to Castle Ave (2800') $230,000 Measure R Local Westfield Ave to Castle Ave (2640') $430,000 Unfunded
Scranton Ave to 600 feet North of Scranton Ave $35,000 Measure R Local Orange Avenue
Main to Date $300,000 Measure R Local
Rose St to N Main St $1,000,000 Measure R Local
Westfield Ave to 1/4 mile N of Westfield Ave $43,000 Measure R Local Indiana St to SR 65 $40,000 Unfunded
Jaye Street to E Street (1700') $110,000 Unfunded
Indiana Street to Jaye Street (1400') $1,000,000 LTF
Theta Avenue to Mulberry Avenue (750') $70,000 Unfunded Westwood St to Mathew St (2640') $150,000 Unfunded
SR 65 to Indiana Street (1080') $75,000 Unfunded
Total $2,550,000 $2,680,000 $445,000

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
ANNUAL STREET PROGRAMS:

MICROSURFACING
Corporation Yard Parking lots Rehab
Date Avenue
Henderson Avenue
Indiana Street
Main Street
Mathew Street
Newcomb Street
W North Grand Avenue
Plano Street
Scranton Avenue
Lime Street
Springville Avenue
Vandalia Avenue
Villa Street
Westfield Avenue

Page 2 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
Cold-mix &B AC Pavement Overlay Program $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 STP $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 MI $700,000 $700,000 $700,000 $700,000 $700,000 $700,000 $700,000 $700,000 $700,000 $700,000 Measure R Local Cold Milling Machine Rental $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 SGT Public Parking Lot $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 LTF Street Median Rehabilitation $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 MI Citywide Evaluation $100,000 $100,000 $100,000 $100,000 MI Implementation & Maintenance $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 MI Main Street Parking Lot $55,427 $900,000 LTF
Hockett & Cleveland Parking Lot $100,000 $500,000 LTF
Revegetation Plan & Monitoring $10,000 $10,000 $10,000 $10,000 LTF Preliminary Design and Scoping (Federal funds) $500,000 Measure R Reg City Participation $5,000,000 Measure R Reg
Revegetation Plan & Monitoring $10,000 $10,000 $10,000 $10,000 LTF Alignment Plan $25,000 Measure R Reg
Preliminary Design and Environmental $250,000 Measure R Reg Design & Land Acquisition $500,000 $600,000 $300,000 Measure R Reg Newcomb - Tule River/SR 190 (4 lanes) $1,220,000 Measure R Reg Bridge Construction $10,000,000 Measure R Reg
Alignment Plan $25,000 Measure R AT
Preliminary Design and Environmental $250,000 Measure R AT Design & Land Acquisition $200,000 Measure R AT
Bridge and Trail Construction $3,000,000 Measure R AT
Alignment Plan $25,000 Measure R Reg
Preliminary Design and Environmental $250,000 Measure R Reg Design & Land Acquisition $500,000 $600,000 $300,000 Measure R Reg Construction $10,000,000 Unfunded
Design, Environmental & Land Acquisition $1,100,000 Unfunded Bridge Construction Cross Tule River $10,000,000 Unfunded Design $250,000 STP
Construction $2,000,000 STP
SOTU Specific Plan Connectivity
Prospect Pedestrian Bridge - Tule River to northerly frontage road Frontage road btwn Tule River and SR 190 (northerly frontage)

SELF PERFORMANCE STREETS PROGRAM
CITY PARKING LOTS:

DOWNTOWN PARKING LOTS
BRIDGES:

STREETS:

Newcomb Bridge - Tule River to Hwy 190 Connection
Plano Bridge Project
Westwood Bridge
Jaye Street Bridge Project
Olive Ave Bridge Widening Project - City/County Partnership Pavement Management Program
Castle Avenue Extension

Page 3 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
ROW Acquisition $300,000 LTF
Construction $3,000,000 Unfunded
Fourth Street Improvements
Design & Environmental (Grand to Henderson) $60,000 LTF Construction $500,000 $500,000 LTF
Water Main Replacement - Fourth St: Henderson to
Morton $400,000 WRF
Gibbons - Main to Indiana (Right of Way) $100,000 LTF
Gibbons - Design and Construction $525,000 Unfunded
Gibbons - Storm Drain - Jaye to Indiana $200,000 Unfunded Gibbons - Storm Drain - Jaye to Main $200,000 Unfunded
Gibbons - Main to Jaye $1,000,000 Unfunded
Design connection between 4th & Plano (includes
lighted crosswalk @ Rails to Trails) $148,143 MI
Storm Drain Line $290,000 SRF
6" line from 4th Street to 380' east of Henrahan $480,000 WRF $1,110,176 SB1
$1,289,824 MI
Construction Management $150,000 MI
Grand - E St (Zalud Park) to Porter Road $427,000 $441,000 Unfunded Grand - E St (Zalud Park) to Porter Road $454,000 $469,000 Unfunded Grand - G St to Porter Road $443,000 $458,000 Unfunded
Grand Ave. Line - Water (Villa to Zalud Park) $221,000 Unfunded Grand Ave. ext. - W/o Prospect to Prospect - Pipe $201,000 Unfunded Grand Ave. - Treatment Plant to W/o Prospect - Pipe $141,000 Unfunded Grand Ave. - Prospect St. to SR 65 - Pipe $341,000 Unfunded Design Improvements $15,000 Measure R Local
Construction $482,000 SB1
$1,418,000 Measure R Local
Henderson @ Mathew (signal) $600,000 LTF
Recycled Water line $1,200,000 WRF
Potential Lift Station #11 Remediation $150,000 SRF
Relocation of PRV Station $35,000 WRF
Design Improvements - Overlay $37,000 Measure R Local
Construction $950,000 Measure R Local
Grand Avenue Reconstruction - 4th to Plano
Phase 1 - Jaye to Indiana
Grand Avenue Improvements
Date Avenue Widening - "H" to Jaye & Kessing Extension (Date to River) Henderson Ave. Rehabilitation (Balmayne to Westwood)
Phase 2 - Main to Jaye
Grand Avenue - Construction 4th to Plano Street
Gibbons Avenue Street Reconstruction
Henderson Ave. Rehabilitation (Patsy to Balmayne)

Page 4 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
Henderson to Monache Avenue Recons. (ROW) $25,000 Unfunded Henderson to Monache Avenue Recons. (Design) $50,000 Unfunded Henderson to Monache Avenue Recons. (Recon) $738,000 Unfunded Sewer Analysis $25,000 SRF
Construction Storm Dr DF
Henderson to Monache Recycled Water $200,000 WRF
Henderson to Monache Water Main WRF
Henderson to Monache - Pipe Porter Slough ditch $250,000 WRF Design $200,000 LTF
Storm Drain Construction $100,000 Storm Dr DF
Sewer Main Construction $500,000 SRF
Recyled Water Construction $500,000 WRF
Force Main Construction $75,000 SRF
Environmental $100,000 LTF
Design $400,000 LTF
ROW Acquisition & Easements $300,000 LTF
Construction $1,500,000 LTF
Construction of bridge $900,000 LTF
Westwood @ Westfield (signal) $45,875 TIF
City Share (Design, ROW & Environmental) $554,125 LTF
Construction $150,000 SRF
Lift Station #18 Reconstruction $300,000 SRF
Construction $150,000 WRF
Construction $50,000 Storm Dr DF
Construction Management $150,000 $100,000 LTF
Design $150,000 LTF
6" Water main (Henry from Putnam to Thurman, and
Cleveland from Henry to Sierra Vista) Includes PRV $100,000 WRF 6" Sewer main (Sierra Vista midblock to Putnam) $50,000 SRF Street widening, CGS (Henry from Putnam to
Cleveland, and Cleveland from Henry to Sierra Vista) $400,000 LTF Hillcrest - Morton, north 1/2 mile $1,980,000 MI
Design $75,000 Measure R Local
Construction $325,000 Measure R Local
Leggett Street
Grand to Henderson Avenue $1,690,000 Unfunded
Morton to Putnam Avenue $2,000,000 Unfunded
RR to Reid (Construction) $1,400,000 Unfunded
Henry Street Improvements (Putnam to Cleveland, and Cleveland east to Sierra Vista) Lime Street
Westfield Avenue Master Plan Utilities
Indiana Street - Culvert Extension and Sidewalk
Mathew Street Reconstruction Project
Westwood St. - Partial Reconstruction Project - Henderson Ave. to Westfield Including Porter Slough Crossing

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CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
Downtown Reconstruction
Design $88,364 LTF
Phase I - Stormdrain Improvements (DI's &
pipelines) $812,050 LTF
$1,548,748 SB1
$245,412 LTF
Phase II - Recycled Water line $156,420 WRF
$1,548,748 SB1
$245,412 LTF
Phase IV - Intersection Improvements $300,000 Measure R Local Main - Henderson to 300 ft. N of Westfield $1,933,000 Unfunded Construction $1,500,000 MI
Construction Management $150,000 MI
Design & Environmental $500,000 MI
Division to Plano $1,750,000 Unfunded
Water line replacement $325,000 WRF
Sewer line replacement $250,000 SRF
Recycled Water line $325,000 WRF
Conley to Division $1,600,000 Unfunded
Water line replacement $383,000 WRF
Sewer line replacement $294,000 SRF
Recycled Water line $383,000 WRF
Indiana to Conley $1,450,000 Unfunded
Water line replacement $346,000 WRF
Sewer line replacement $266,000 SRF
Recycled Water line $346,000 WRF
Prospect to Indiana $1,450,000 Unfunded
Water line replacement $346,000 WRF
Sewer line replacement $266,000 SRF
Recycled Water line $346,000 WRF
Mathew to Prospect $2,900,000 Unfunded
Water line replacement (Newcomb to Prospect) $350,000 WRF Sewer line replacement (Newcomb to Prospect) $270,000 SRF Recycled Water line $350,000 WRF
Westwood to Mathew $1,470,000 Unfunded
Lift Station #9 Upgrade and forced main $800,000 SRF
Recycled Water line $350,000 WRF
Mulberry - Lime/Williford Rehabilitation $1,000,000 Unfunded Newcomb St Rehabilitation Project
Newcomb - Henderson to North Grand $3,625,000 Unfunded
Newcomb - Henderson to Westfield - Pipe $1,000,000 WRF
Recyced Water Line $1,000,000 WRF
Newcomb - Lift Station No. 4 (W North Grand) Pump
Upgrade $80,000 Sewer DF
Newcomb - Lift Station No. 3 (N of Mulberry) - Pump
Upgrade $100,000 Sewer DF
Main Street
Montgomery Avenue Reconstruction Project - Jaye to "H"
Morton Avenue Rehabilitation/Reconstruction Project:

Phase II - Morton to Putnam Reconstruction
Phase III - Putnam to Olive Reconstruction

Page 6 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
$2,254,010 LTF
$1,145,990 SB1
Construction Management $200,000 LTF
Concrete Improvements to Waukesha Street along
Putnam and Tomah Avenues $400,000 MI
Water line replacement $800,000 WRF
Storm line installation $675,000 $675,000 Storm Dr DF
Replace 30" Sewer line $1,000,000 $1,000,000 SRF
Recycled Water line $850,000 WRF
Total $3,420,990
Design and Environmental $500,000 Measure R Reg
Rehabilitation between city limit and Westwood, incl
new monument sign and landscaped medians $15,000,000 Measure R Reg Design $75,000 Measure R Local
Construction $150,000 Measure R Local
Plano - Henderson to Mulberry $750,000 Unfunded
Prospect - Olive to Morton Reconstruction $1,300,000 Unfunded Property acquisition $500,000 Unfunded
Prospect - Olive to Morton Water line $225,000 Unfunded Construction of culvert and TBD $3,000,000 LTF
Property acquisition $150,000 Measure R AT
Design $80,000 Measure R AT
Environmental $80,000 Measure R AT
Construction $494,000 ATP
$300,000 Measure R AT
SR 65 Frontage Road - West North Grand to Linda
Vista $1,000,000 Unfunded
SR 65 Frontage Road - Pioneer to West North Grand $750,000 Unfunded Design $1,310,000 Measure R Reg
Property Acquisition $500,000 Measure R Reg
Construction $3,300,000 Measure R Reg
Design $650,000 Measure R Reg
Property Acquisition $300,000 Measure R Reg
Construction $1,710,000 Measure R Reg
Design $2,000,000 Unfunded
Construction $25,300,000 Measure R Reg
*=Riverwalk Marketplace Commercial Center Mitigation Projects - Phase II SR 190 Corridor Improvements
Newcomb - Olive to Porter Slough Reconstruction Project SR 65 Interchange: Construct westbound auxillary lane from Jaye Street to SR65 onramp* Putnam Avenue at Elderwood Curb/Gutter/Sidewalk for pedestrian connectivity to Westwood @ Thurman Prospect Street Rehabilitation Project
Plano Street Rehabilitation Project
Putnam Avenue Slough Crossing - East of Jaye Street at Putnam and Kessing, across from SVMC parking lot Main Street Intersection Improvements: Construct intersection improvements at Main St off-ramp terminal* Newcomb Street Intersection: New SR 190 access @ Newcomb Street alignment. Construct single lane hybrid roundabout Olive Avenue Gateway Improvements
Street Reconstruction
SR 65 Corridor Improvements
Olive Avenue Median Island Safety Project (Beverly to Maston)

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CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
Design $500,000 Unfunded
Construction $6,800,000 Measure R Reg
Design $1,518,000 CMAQ
Property Acquisition $1,118,000 CMAQ
Construction $5,750,000 CMAQ
Design $1,518,000 CMAQ
Property Acquisition $1,118,000 CMAQ
Construction $5,750,000 CMAQ
Construction $3,700,000 Measure R Reg
Design $500,000 Unfunded
Environmental & ROW acquisition $500,000 Measure R Reg
Construction $1,900,000 Measure R Reg
Design $1,000,000 Unfunded
Construction $8,700,000 Measure R Reg
Design $350,000 Measure R Reg
Environmental & ROW acquisition $500,000 Measure R Reg
Construction $1,250,000 Measure R Reg
Design $350,000 Measure R Reg
Environmental & ROW acquisition $500,000 Measure R Reg
Construction $1,400,000 Measure R Reg
Design $500,000 Measure R Reg
Environmental & ROW acquisition $750,000 Measure R Reg
Construction $2,650,000 Measure R Reg
Total $8,972,000 $1,960,000 $800,000 $13,350,000 $6,650,000 $5,860,000 $1,400,000 $42,050,000 $2,650,000 Scranton Avenue - SR 65 to Westwood (2 lanes) $5,300,000 Unfunded Design and Environmental $250,000 Measure R Reg
Land Acquisition $500,000 $600,000 $300,000 Measure R Reg Construction $12,000,000 Measure R Reg
Environmental & Design $1,000,000 Measure R Reg
Land Acquisition $1,000,000 Measure R Reg
Teapot Dome - West St to SR 65 $6,560,000 Measure R Reg West Roundabout $3,000,000 Measure R Reg
Newcomb Roundabout $3,000,000 Measure R Reg
Westwood St. Rehabilitation: Worth to SR 190
Teapot Dome Airport Gateway Reconstruction Project
Worth Avenue - Newcomb to Westwood
Conversion to Expressway btwn Westwood and SR 65
Frontage Streets and local connectivity between Westwood and SR 65 Prospect St - Poplar to Worth Avenue, incl. Poplar Ditch crossing Plano Street Intersection: Reconstruct Plano St/SR 190 Intersection to accommodate a dual lane roundabout with bypass lanes and bike/ped trail to east Plano Street Intersection @ College Ave: Reconstruct intersection to accommodate a single lane roundabout Worth Avenue - Prospect to Newcomb
Scranton/Westwood/West/Worth Realignment to accommodate Airport Runway Shift Westwood Street Intersection: Construct single lane hybrid roundabout @ Westwood Street Newcomb Street Rehabilitation: Teapot Dome to SR 190 (4 lanes)

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CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
Design $90,967 LTF
ROW Acquisition $500,000 MI
Utility Relocation $300,000 Unfunded
Construction $1,500,000 Unfunded
Cottage Street and Union Ave. Meter Project $100,000 WRF Construction Management $225,000 Unfunded
Vandalia Median Island Project (Jaye St.) $100,000 LTF
Environmental/Permitting/Design $50,000 MI
ROW Acquisition & Easements $100,000 MI
Utility Relocation $100,000 MI
Water line replacement - Construction $2,259,270 WRF
Construction Management - Water $205,388 WRF
Sewer line replacement - Construction $326,071 SRF
Construction Management - Sewer $29,643 SRF
Storm line installation - Construction $780,882 SRF
Construction Management - Storm $70,989 SRF
Recycled Water line - Construction $1,448,733 WRF
Construction Management - Recycled $131,703 WRF
$2,900,046 MI
$1,300,000 SB1
$2,081,767 Measure R Local
Construction Management - Street $571,074 MI
Slough Crossing - Construction $850,000 MI
Construction Management - Slough $127,500 MI
Total $13,333,066 $0
Environmental $75,000 MI
Design $130,000 MI
ROW Acquisition & Easements $350,000 MI
Water line $65,000 WRF
Sewer line $65,000 SRF
Storm line $65,000 SRF
Construction $600,000 MI
Construction Management $60,000 MI
Total $555,000 $855,000 $0
BRIDGES AND STREETS FY 23/24 TOTAL $45,582,587
Street Projects
Storm Drain Projects
Sewer Projects
Water Projects
Villa Olive to Henderson - Reconstruction (including Porter Slough Crossing) Union Avenue Reconstruction Indiana Street to Jaye Street Villa from Westfield to 650" South - Construction
Street Reconstruction - Construction

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CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

FUNDING

FISCAL YEAR
23/24

PUBLIC WORKS - BRIDGES & STREETS PROJECTS
$494,000 $3,994,738
$0 $0
$5,272,000 $0
$0 $2,882,585
$0 $60,000
$0 $75,000
$0 $675,000
$3,672,220 $0
$9,531,763 $1,470,000
$885,000 $0
$6,008,767 $0
$6,250,000 $4,311,514
$0 $0
$45,582,587
Local Transportation Funds (LTF)
Traffic Impact Fees (TIF)
Highway Safety Improvement Program (HSIP)
Measure I (MI)
Storm Drain - Developer Fees (Storm Dr DF)
General Fund Carryover (GF CO)
Highway Bridge Program (HBP) Special Gas Tax (SGT)

SUMMARY OF BRIDGES AND STREETS FUNDING
Congestion Mitigation and Air Quality (CMAQ)
General Fund (GF) Sewer Revolving Fund (SRF)
Solid Waste Reserve (SW Reserve)
Total
Unfunded
Surface Transportation Program (STP)
Water Replacement Fund (WRF)
Measure R - Local (Measure R Local)
Measure R - Regional (Measure R Reg)
Measure R - Alternative Transportation (Measure R AT)
Sewer Developer Fees (Sewer DF)
SWRCB Loan/Grant (SWRCB)
Certificate of Participation (COP) Sewer Bond Refinance (Sewer Bond Refi) Active Transportation Program (ATP) Road Repair & Accountability Act Funds (SB1) Water - Developer Fees (Water DF)

Page 10 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Upgrade of signals to ITS Technology $150,000 $150,000 $154,875 $159,908 $165,105 $170,471 $176,012 $181,732 $187,638 $193,737 SGT Synchronization of signals $100,000 SGT
Traffic Management Center $1,000,000 SGT
Traffic Safety Evalutations $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 STP Sign & Signal - Upgrade $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 SGT Rapid Flashing Beacons - Pedestrian Crossings
Elderwood @ BMS, incl. curb ramps $60,000 SGT
Mulberry and Verdugo, incl. curb ramps $60,000 SGT
Mulberry and Belmont, incl. curb ramps $60,000 SGT
Putnam @ W Putnam School, incl. curb ramps $60,000 SGT
Westfield and Linda Way, incl. curb ramps $60,000 SGT
Westfield and Villa $15,000 SGT
Morton @ El Granito St $150,000 SGT
Morton @ Kessing St $150,000 SGT
Morton @ Roche St $150,000 SGT
Henderson @ Plano $600,000 Unfunded
Henderson @ Second $600,000 LTF
Mathew @ Morton $600,000 Unfunded
Newcomb @ Mulberry $600,000 LTF
Newcomb @ N. Grand $600,000 Unfunded
Olive @ Prospect $600,000 Unfunded
Porter Road @ Olive Avenue
Design $40,000 SGT
Construction $660,000 HSIP
Plano @ Chase (HAWK) $600,000 ATP
Prospect @ Bel Air $600,000 Unfunded
Prospect @ North Grand $600,000 Unfunded
Prospect @ Pioneer $600,000 Unfunded
Putnam @ Crestview $600,000 Unfunded
Putnam @ Leggett $600,000 Unfunded
Westfield @ Indiana $600,000 Unfunded
Westfield @ Lombardi $600,000 LTF
Westfield @ Mathew - Burton Traffic Mitigation $45,875 TIF City Share (Design, ROW & Environmental) $554,125 Unfunded SIGNALS FY 23/24 TOTAL $1,805,000
$600,000
$520,000
$660,000
$25,000
$0
$0
$1,805,000

PUBLIC WORKS - SIGNALS

FUNDING

FISCAL YEAR
23/24
Lighted Crosswalks - Collector & Arterial
Total
Unfunded

SUMMARY OF SIGNAL FUNDING
Surface Transportation Program (STP)
Highway Safety Improvement Program (HSIP)
Traffic Impact Fees (TIF)
Local Transportation Funds (LTF)
Special Gas Tax (SGT)

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CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Rehabilitate Wells $150,000 WRF
Electrical Upgrades for water facilities $150,000 $250,000 WRF Downtown Pipe Replacement Program $300,000 $300,000 $300,000 $300,000 $300,000 WRF Well No. 36 - Site Brar $3,500,000
Property Acquisition $300,000 Water DF
Phase I - Well Drilling $1,600,000 Water DF
Phase II - Facility Equipping & Pipeline $2,400,000 Water DF Well No. 37 - Includes Piping (Tule River) $3,491,693 COP Well No. 38 - Site TBD $3,500,000 Unfunded
Eastern Tule GSA/Tule Sub-basin coordination
agreement and on-going administration $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 WRF Eastern Tule GSA/JPA local governance $120,000 $120,000 $120,000 $120,000 $120,000 $120,000 $120,000 $120,000 $120,000 $120,000 WRF Alternative water capacity sources $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 WRF Construction of monitoring wells $500,000 $500,000 $500,000 WRF Monitoring Well Water Quality Testing $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 WRF

SGMA RECHARGE PROGRAM
North recharge basin and infrastructure
improvements - NW of FKC, W of Westwood
Construction and Construction Management $1,692,000 WRF DR #23 (Center Basin) dual-recharge basin and
infrastructure improvements - Hager Pit
Construction $451,823 WRF
DR #28 (S Jaye St) dual-recharge basin and
infrastructure improvements
Environmental Review & Engineering/Design $135,000 WRF
Construction $1,500,000 WRF
Tule River/Jaye Street dual-recharge basin and
infrastructure improvements
Environmental Review & Engineering/Design $175,000 WRF
Construction $1,000,000 WRF
Rails to Trails/Vandalia ID recharge basin and
infrastructure improvements
Environmental Review & Engineering/Design $100,000 WRF
Construction $500,000 WRF
Heritage Center Drainage Reservoir #58 WRF
Environmental Review & Engineering/Design $125,000 WRF
Construction $300,000 WRF
Drainage Basin #30 - Airport System $4,300,000 COP
Stormwater Capture & Recharge (Land acquisition
and construction) $680,000 $680,000 $680,000 $680,000 $680,000 $680,000 $680,000 $680,000 $680,000 $680,000 WRF Total $9,293,823

PUBLIC WORKS - WATER INFRASTRUCTURE

FUNDING

FISCAL YEAR
23/24
ANNUAL WATER PROGRAMS:

Water Capacity Program
Sustainable Groundwater Management Act (SGMA) Compliance

Page 12 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

PUBLIC WORKS - WATER INFRASTRUCTURE

FUNDING

FISCAL YEAR
23/24
CEQA $300,000 COP
Design $1,000,000 COP
Construction Phase II $60,000,000 Unfunded
Total $1,300,000
Construction $2,000,000 SWRCB
Phase 2 Improvements
East Porterville Booster Pump 1 & 2 Upgrade
Property Acquisition $100,000 WRF
Design $450,000 WRF
Construction $1,900,000 WRF
Well No. 34 - Equipping and Construction $3,000,000 SWRCB Hillcrest Water Main Replacement - EP 3MG
Reservoir to Morton Avenue (18" main)
Design & Environmental $150,000 WRF
Construction $800,000 WRF
Hillcrest Water Main Replacement - Morton to Olive
Avenue (18" main)
Design & Environmental $150,000 WRF
Construction $1,000,000 WRF
Generator - 100kW $125,000 $125,000 $125,000 WRF
Generator - 200kW $125,000 WRF
Generator - 400kW $270,000 WRF
Martin Hill 3MG Tank Booster Pump Upgrade (VFD) $350,000 WRF Olive - D St. to E St. - Pipe $150,000 Water DF
Pioneer - Cross SR 65 - Casing $150,000 Water DF
Putnam - Plano to Fourth $86,000 WRF
Putnam - Plano to Henry $86,000 WRF
Putnam @ Henry - PRV $23,000 WRF
East Porterville - 3MG Tank Cathodic Protection $90,000 WRF Highland 305K Tank Cathodic Protection $80,000 WRF
Scenic Heights 3MG Tank Coating & Repair $1,200,000 $2,000,000 WRF Scenic Heights 3MG Tank Overflow $250,000 WRF
Airport 300K Water Tank Cathodic Protection $80,000 WRF Interagency Coordination, Environmental, ROW
Acquisition, and Design $175,000 $175,000 $175,000 $175,000 WRF Storage Reservoir Rehabilitation Program
Putnam Water Line Replacement
Success Reservoir Enlargement Project (City Share)

EAST PORTERVILLE WATER INFRASTRUCTURE

TERTIARY TREATMENT
Tertiary Treatment - Satellite Plant (PADA)
Tertiary Treatment - Corporation Yard

Page 13 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

PUBLIC WORKS - WATER INFRASTRUCTURE

FUNDING

FISCAL YEAR
23/24
Citywide meter replacement $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 WRF Water Meter Fixed Network Data Collector $1,100,000 WRF River Clean-Up $150,000 $150,000 $150,000 $150,000 WRF
Initiation $500,000 ARPA
Retrofit $2,000,000 ARPA
Master Plan Payback $413,000 $426,423 $440,281 $454,590 $469,365 $484,619 $500,369 $516,631 $533,422 Water DF Master Plan Update - Water $0 $500,000 Water DF
Urban Water Management Plan - 2025 Update $80,000 WRF
Integrated Regional Water Management Plan and
Implementation $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 WRF Tule River/Porter Slough - Clean Up $36,138 $37,312 $38,525 $39,777 $41,069 $42,404 $43,782 $45,205 $46,674 $48,191 WRF Tule River - JPA Administration $15,488 $15,991 $16,511 $17,048 $17,602 $18,174 $18,764 $19,374 $20,004 $20,654 WRF WATER INFRASTRUCTURE FY 23/24 TOTAL $24,637,142
$0 $0
$0 $8,045,449
$5,000,000 $0
$0 $9,091,693
$2,500,000
$0 $0
$24,637,142
American Rescue Plan Act (ARPA)
ANNUAL WATER MASTER PLAN COMPLIANCE AND REIMBURSEMENT PROGRAM:

STUDIES:

Total
Unfunded
Water Replacement Fund (WRF)
SWRCB Loan/Grant (SWRCB) Wastewater Treatment Facility Reserve (WWTFR) Storm Drain Developer Fees (Storm Dr DF)

SUMMARY OF WATER INFRASTRUCTURE FUNDING
General Fund (GF)
Department of Water Resources (DWR)
Water - Developer Fees (Water DF)
Equipment Replacement Funds (ERF) Certificates of Participation (COP) SCADA (Supervisory Control And Data Acquisition) System Radio Read Water Meter Replacement Program

Page 14 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Master Plan Payback $323,009 $333,507 $345,000 $357,000 $369,000 $381,000 $394,000 $407,000 $421,000 $435,000 Sewer DF Master Plan Update - Sewer $125,000 Sewer DF
Phase III - Putnam/RR to Plano $215,000 SRF
Phase IV - Baker/Murry $100,000 SRF
Phase V - Murry/Harrison to Putnam $250,000 SRF
Phase VI - Roche/Alley/Henrahan $175,000 SRF
Annexation 480 - Chelsea Rose Area North Grand (W
of Newcomb)/Rose/Baker $655,000 Unfunded
Miscellaneous City Areas $1,470,000 Unfunded
Total Annexation Sewer Projects $0
Lift Station Upgrade $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 SRF SEWER INFRASTRUCTURE FY 23/24 TOTAL $548,009
$0 $448,009
$0 $100,000
$0 $0
$548,009

SUMMARY OF SEWER INFRASTRUCTURE FUNDING
General Fund (GF)

PUBLIC WORKS - SEWER INFRASTRUCTURE

FUNDING

FISCAL YEAR
23/24
SEWER REPLACEMENT PROGRAM:

Annexation Sewer Projects
ANNUAL SEWER PROGRAMS & MASTER PLAN PAYBACK:

STUDIES:

Total
Sewer Developer Fees (Sewer DF)
Sewer Revolving Fund (SRF)
Sewer Bond Refinance (Sewer Bond Refi) Unfunded
Measure I (MI)

Page 15 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Master Plan Payback $144,086 $149,000 $154,000 $160,000 $166,000 $172,000 $178,000 $184,000 $190,000 $197,000 Storm Dr DF Master Plan Update - Storm Drain $125,000 Storm Dr DF
Permit Fee $30,000 $30,975 $31,982 $33,021 $34,094 $35,202 $36,346 $37,528 $38,747 $40,007 SRF Compliance Program $50,000 SRF
Discharge Improvements $200,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 SRF Design, Environmental & Land Acquisition $60,000 Storm Dr DF Construction $100,000 Storm Dr DF
Acquisition & Environmental $100,000 Storm Dr DF
Construction $500,000 Storm Dr DF
Acquisition $94,000 Storm Dr DF
Construction & Reimbursement $700,000 Unfunded
Acquisition $250,000 Storm Dr DF
Construction & Reimbursement $458,000 Unfunded
Floodplain Management $10,000 Storm Dr DF
Hockett St - Willow Alignment to Porter Slough $250,000 Storm Dr DF Mill Ave. - Hockett/"D" $53,000 Unfunded
Mulberry - Newcomb to Westwood $661,000 Unfunded
North Grand Storm Drain SR 65 Crossing $338,531 Storm Dr DF Outfall pipeline to SR 65 Pond No. 24 (N of Linda Vista) $751,660 Unfunded Zalud Park Storm Dr. Upgrade (pipeline work) $175,838 Storm Dr DF Zalud Park Storm Dr. Pump Upgrade $60,000 Storm Dr DF
STORM DRAIN INFRASTRUCTURE FY 23/24 TOTAL $1,294,924
$0 $1,014,924
$0 $0
$280,000
Total $1,294,924

PUBLIC WORKS - STORM DRAIN INFRASTRUCTURE

FUNDING

FISCAL YEAR
23/24
MUNICIPAL STORM SEWER SEPARATE SYSTEM (MS4) PROJECTS:

Sewer Revolving Fund (SRF)
Unfunded
Storm Drain - Developer Fees (Storm Dr DF)
Measure I (MI)

SUMMARY OF STORM DRAIN INFRASTRUCTURE FUNDING
General Fund (GF)
DRAINAGE RESERVOIR PROJECTS:

Drainage Reservoir No. 14 Expansion - (east of Plano St., north of Grand Ave & Leggett St) STUDIES:

ANNUAL STORM DRAIN PROGRAMS & MASTER PLAN PAYBACK:

Drainage Reservoir No. 15 (Master Plan Facility Villa Street, Westfield Ave) Drainage Reservoir No. 18 (Master Plan Facility SW Cor. SR 65 & W. North Grand) Drainage Reservoir No. 47 (Master Plan Facility Hillcrest Street, north of Henderson Avenue - Canyon Springs) Drainage Reservoir No. 49 (Master Plan Facility - Red Hawk Estates)

Page 16 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Biosolids Hauling $180,000 $180,000 $180,000 $180,000 $180,000 $180,000 $180,000 $180,000 $180,000 $185,850 WWTFR Blower Parts and Controls Replacement $250,000 $250,000 $250,000 $250,000 $250,000 WWTFR Contracted Services - Compliance & Operation
Oversight $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 WWTFR $1,000,000 WWTFR
$30,000,000 $30,000,000 Unfunded
Design $325,000 WWTFR
Construction $1,500,000 WWTFR
Digester #4 Control Replacement $200,000 WWTFR
Digester Cleaning/Coating/Equipment Replacement $110,000 $113,575 $117,266 $121,077 $125,012 $129,075 $133,270 $137,601 $142,074 $146,691 WWTFR Effluent Outfall Pump Maintenance $120,000 $600,000 WWTFR Emergency Generator for WWTF (200kW) $175,000 WWTFR
Headworks Grinder Replacement $250,000 WWTFR
Manhole 10A Inspection/Repair $100,000 WWTFR
Design $250,000 WWTFR
Construction $1,750,000 Unfunded
Design $200,000 WWTFR
Construction $2,000,000 WWTFR
Total $200,000
Evaluation $25,000 WWTFR
Design $125,000 WWTFR
Construction $400,000 Unfunded
Total $150,000
Evaluation $25,000 WWTFR
Design incl re-asphalt $125,000 WWTFR
Construction incl asphalt repairs $600,000 Unfunded
Total $150,000
Reclamation Area Pipeline Installation $150,000 $150,000 WWTFR Safe Drinking Water Supply Deliveries $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 WWTFR Screwpress Repairs $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 WWTFR Septic Station Retrofit $70,000 WWTFR
Sludge/Grit Staging Area
Design $150,000 WWTFR
Construction $150,000 WWTFR
Sludge Line - Westwood Bridge over Tule River $30,000 $30,000 $30,000 $30,000 $30,000 WWTFR Treatment Water Filling Station $150,000 WWTFR
WAS/RAS Pump Replacement $300,000 $300,000 300000 $300,000 $300,000 WWTFR WWTF FY 23/24 TOTAL $6,245,000
$0
$6,245,000
$0
$6,245,000

PUBLIC WORKS - WWTF

FUNDING

FISCAL YEAR
23/24
Office Building Replacement
Digester #1 and #4 Repairs
Plant #2 Evaluation & Repairs
De-nitrification Project
Plant #1 Evaluation & Repairs
Odor Control Project - Phase 2
Total
Wastewater Treatment Facility Impact Fees (WWTFIF)

SUMMARY OF WASTEWATER TREATMENT FUNDING
Wastewater Treatment Facility Reserve (WWTFR)
Unfunded

Page 17 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Update Circulation Element, incl fee structure, State
mandated amendments, etc. $225,000 LTF
Comprehensive General Plan Update incl CEQA $1,000,000 Unfunded Development Ordinance Update $80,261 GF
Five year Consolidated Plan $150,000 GF
General Plan: Safety Element and Environmental
Justice Element $125,000 GF
$76,367 LTF
$70,000 Unfunded
Industrial Annexations incl Environmental $175,000 Unfunded COMMUNITY DEVELOPMENT FY 23/24 TOTAL $205,261
$205,261
$0
REAP Grant (REAP) $0
$0
$0
$205,261

COMMUNITY DEVELOPMENT
Hillside Development - Standards & Specifications
(Hillside Development, Landscape and Irrigation and
Update Existing Standards and Specifications)

FUNDING

FISCAL YEAR
23/24

SUMMARY OF COMMUNITY DEVELOPMENT FUNDING
General Fund (GF)

PLANS & STUDIES
Total
Local Transportation Funds (LTF)
Unfunded
Tulare Council of Associated Governments Grant (TCAG)

Page 18 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% City Hall Painting & Rehab (Inside) $50,000 GFRDM
City Hall Key card/security $5,000 RM
City Hall Exterior Doors $12,000 Unfunded
City Hall Roof Replacement $500,000 GFRDM
City Hall HVAC/Solar/Energy Efficiency $5,000,000 Unfunded Short-term ADA improvements to City Hall $200,000 RM
Long-term (ADA Self Evaluation Plan) $200,000 RM
Facility Improvements $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 GFRDM ADA Playground Wood Fiber - Various Parks $25,000 $25,000 $25,000 $25,000 $25,000 GFRDM Construction $3,550,000 $3,550,000 ATP
$125,000 $125,000 Measure R - AT
Curb, Gutter, Sidewalk, Streetlights $200,000 $200,000 MI Parking Lot @ Henderson Ave. $250,000 $250,000 Measure R - AT Storm Drain - RR ROW to the west of Jubilee Ln $250,000 $250,000 Storm Dr DF Storm Drain - Zalud Park to Westfield $150,000 $150,000 Storm Dr DF Design and Environmental $750,000 Measure R - AT
Construction $3,000,000 Measure R - AT
Water Line (Henderson to North Grand) $1,500,000 WRF
Recycled Water (Yates to North Grand) $4,000,000 WRF
Design and Environmental $500,000 Measure R - AT
Construction $8,000,000 Unfunded
Design and Environmental $250,000 Measure R - AT
Construction $4,000,000 Unfunded
PA System $50,000 Unfunded
Downtown Holiday Décor $15,000 Unfunded
Drought Tolerant Exhibition Garden $140,500 WRF
Design $1,368,000 Prop 68
Construction $6,300,000 Prop 68
$3,500,000 Unfunded
Hayes Field Lights $750,000 ARPA
Sports Complex $61,821 CEQA Mitigation
Perimeter Netting - Leggett Street $215,000 Unfunded
Perimeter Netting - Park Drive $170,000 Unfunded
Driving Range Poles/Netting $300,000 ARPA
Butterfield Corridor Improvements - West North Grand to Strathmore Butterfield Corridor Improvements - Yates to Teapot Dome Community Center/Park (4th St)
Centennial Park Improvements
Community Sports Lighting
Golf Course Improvements

PARKS AND LEISURE

FUNDING

FISCAL YEAR
23/24
City Facilities ADA Improvements
City Hall Improvements
ADA Transition Plan
Butterfield Corridor Improvements - West North Grand to Yates Butterfield Corridor Improvements - Tule River Bridge

Page 19 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

PARKS AND LEISURE

FUNDING

FISCAL YEAR
23/24
$746,000 CSLG
$2,462,000 Insurance
$18,000 CDBG
Construction $5,230,000 CSLG
$16,770,000 Unfunded
$8,000,000 Insurance
Interim Multi-use Fields $1,457,790 CDBG
Restroom Facilities & Storage $300,000 Measure R - AT
Murry Park Pavilion 2 Renovations $30,000 GFRDM
Murry Park Pool Replaster $150,000 GFRDM
Murry Park Pool Tiles $200,000 GFRDM
Pool Interior & Exterior Lighting Project $75,000 GFRDM Murry Park Pool Snackbar Roof $50,000 GFRDM
Murry Park Restroom Roof (Pool) $100,000 GFRCI
Murry Park Improvements West $5,000,000 Unfunded
OHV Park
Design $500,000 OHV
Construction $500,000 OHV
$1,000,000 Unfunded
Parks Master Plan $135,515 ARPA
Design
Pond and Amenities $25,000 Insurance
Park and Amenities (Restrooms) $50,000 Insurance
Construction
Restrooms $137,000 Insurance
$113,000 Unfunded
Park Amenities and Landscaping $125,000 Unfunded
Parking lot $750,000 Unfunded
Total $212,000 $238,000
Santa Fe Byway Improvements
Design $214,125 Clean CA
Construction $2,956,826 Clean CA
Elements $105,000 Prop 68
Lighting $30,000 Prop 68
Sports Complex Access Road Dust Mitigation $10,000 Unfunded Removal from FAA jurisdiction $250,000 Unfunded
Sports Complex New Parking Lot $1,750,000 Unfunded
Sports Complex Pavilion $85,000 Unfunded
Perimeter Fencing $20,000 Unfunded
Lighted Trail $2,060,000 Unfunded
Sports Complex Restroom/Concession $225,000 Unfunded
Baseball Field $1,000,000 ARPA
Multi-Sport Field Improvements (Santa Fe Sportsplex)
Design and Construction Support
Murry Park
Putnam Property Improvements (Henry St. Park)
Library - New Facility
Skate Board Park
Sports Complex Improvements

Page 20 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25%

PARKS AND LEISURE

FUNDING

FISCAL YEAR
23/24
ADA Improvements - Stout Building $100,000 Unfunded
Design/Environmental $120,000 Measure R - AT
Construction $1,500,000 Measure R - AT
Construction - (Total cost $3,544,064) $1,733,750 CMAQ
$124,500 Measure R - AT
$932,142 LTF
Construction Management ($253,672) $91,250 CMAQ
Construction Management City Match $162,422 LTF
Tule River bank stabilization repairs $500,000 Measure R - AT Acquisition $800,000 Measure R - AT
Design/Environmental $165,000 Measure R - AT
Construction $2,071,916 Measure R - AT
Design/Environmental $150,000 Measure R - AT
Construction $1,695,000 Measure R - AT
Total $1,845,000
Design/Environmental $150,000 Measure R - AT
Construction $2,000,000 Measure R - AT
Playground $275,000 GFRCI
Total $150,000 $2,275,000
Zalud House Foundation Design Analysis $15,000 Unfunded PARKS FY 23/24 TOTAL $31,236,141
$3,550,000 $0
$2,185,515 $1,094,564
Cal State Library Grant (CSLG) $746,000 Measure I (MI) $200,000 $61,821 Measure R - Alternative Transportation (Measure R - AT) $4,164,500 $3,170,951 OHV Grant (OHV) $500,000
$1,475,790 Proposition 68 (Prop 68) $7,803,000
$1,825,000 Risk Management (RM) $405,000
$0 Insurance Proceeeds $2,674,000
$0 Storm Drain - Developer Fees (Storm Dr DF) $400,000
$980,000 Water Replacement Fund (WRF) $0
Unfunded $0
$31,236,141
Veteran's Park Trail Amenities (Restrooms, playground, Slough Crossing, Parking Lot on south side, east of pavilion) American Rescue Plan Act (ARPA)
GF Donations
Local Transportation Funds (LTF)
Construction - City Match
Community Development Block Grant (CDBG)
General Fund Reserve Capital Improvements (GFRCI)
Active Transportation Program Grant (ATP)
Veteran's Park Trail - Phase II: Paving and Lighting (South half of trail loop, including slough crossings, and connection to trail by Helicopter Monument) General Fund Reserve Deferred Maintenance (GFRDM)
Tule River Parkway Improvements Lighting and Amenities (Phases I-II) Tule River Parkway Phase III
Tule River Parkway Phase IV (SR 65 to Westwood)
General Fund (GF)
Clean California (Clean CA)
Congestion Mitigation Air Quality Funds (CMAQ)
CEQA Mitigation (CEQA Mitigation)
Total

SUMMARY OF PARKS FUNDING
Stout Building Improvements

Page 21 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Equipment $160,000 GF Donations
$1,535,324 ARPA
$1,000,000 GF Donations
$405,000 Measure R AT
$500,000 Land Sale
D Street Frontage Improvements and Utilities $334,000 LTF TOTAL $3,934,324
Dispatch Computer Consoles $204,659 ARPA
$100,000 ERF
$140,000 Unfunded
Emergency Response Vehicle Preemption Retrofit $200,000 Unfunded Radio Encryption $400,000 Unfunded
Security Upgrades $70,000 AF
$10,000 MI
Road Improvements to site - supplement base &
overlay $100,000 Land Sale
POLICE FY 23/24 TOTAL $4,218,983
$1,739,983
$70,000
$0
$0
$0
General Fund Donations (GF Donations) $1,160,000
Land Sale Revenue (Land Sale) $500,000
$334,000
$0
$0
$10,000
$405,000
$0
$4,218,983
Unfunded
Total
Asset Forfeitures (AF)
Equipment Replacement Fund (ERF)
General Fund (GF)
Measure H (MH)
Surface Transportation Program (STP)
Measure I (MI)
Measure R - Alternative Transportation (Measure R AT)
Local Transportation Funds (LTF)
POLICE

FUNDING

FISCAL YEAR
23/24

SUMMARY OF POLICE FUNDING
Building Construction Fund (BCF)
PD Training Facility
Animal Shelter Building Improvements
Generator Replacement @ D St Station, incl. new
electric panel, foundation, & appurtenant components
American Rescue Plan Act (ARPA)
Construction
Dog Park

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CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Design $363,454 MI
Fire Station #71
Construction $4,500,000 MI
Bauer Airfill Station $80,000 MI
Construction $4,500,000 MI
Training Facility
Classroom Remodel $475,000 MH
Prop Enhancements $2,000,000 MI
Asphalt Rehab $500,000 MI
Construction $2,500,000 MH
Fire Station #74
Design $500,000 Unfunded
Construction $10,000,000 Unfunded
Type 1 Engine $1,200,000 MI
Public Safety Headquarters/EOC
Design $1,250,000 OES
Construction $8,750,000 OES
$11,250,000 MI
Engine Replacement 2194 $500,000 ERF
$700,000 MI
Ladder Truck 71 $1,000,000 ERF
$1,300,000 MI
Emergency Response Vehicle Preemption Retrofit $65,000 MH FIRE FY 23/24 TOTAL $13,353,454
Cal OES Grant (OES) $1,250,000
$0
$0
$0
$1,500,000
$0
$540,000
$10,063,454
$0
$0
$0
$0
$13,353,454
Equipment Replacement Fund (ERF)
Measure H (MH)
Unfunded
Total
FIRE
Measure H Equipment Replacement (ERF(H))
Homeland Security Grant (HSG)
Assistance for Firefighters Grant (AFG)
Measure I (MI)
American Rescue Plan Act (ARPA)
General Fund Reserve Deferred Maintenance (GFRDM)
General Fund Reserve Capital Improvements (GFRCI)

FUNDING

FISCAL YEAR
23/24

SUMMARY OF FIRE FUNDING
General Fund (GF)
Fire Station Remodels
Fire Station #72
Fire Station #73 (PSB)

Page 23 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% $765,000 FAA/AIP Grant
$38,250 CA Div of Aero
$46,750 AOF
Total $850,000 $0
$720,000 FAA/AIP Grant
$36,000 CA Div of Aero
$44,000 AOF
$3,600,000 $3,600,000 FAA/AIP Grant
$150,000 CA Div of Aero
$400,000 $250,000 AOF
Total $0 $800,000 $4,000,000 $4,000,000
$3,999,600 FAA/AIP Grant
$150,000 CA Div of Aero
$540,000 AOF
Total $4,689,600
$900,000 FAA/AIP Grant
$45,000 CA Div of Aero
$55,000 AOF
Total $0 $1,000,000
Restroom Hazardous Material Abatement and
Renovations $100,000 AOF
Restaurant - Restroom Update and painting of interior
and exterior $30,000 AOF
AIRPORT FY 23/24 TOTAL $5,669,600
Airport Operating Fund (AOF) $716,750 $0
CA Division of Aeronautics (CA Div of Aero) $188,250 Rebuilding American Infrastructure w/Sustainability and Equity Grant (RAISE) $0 FAA/AIP Grant $4,764,600 $0
Equipment Replacement Fund (ERF) $0 Unfunded $0
Total $5,669,600
Construction
Rehabilitate Parallel and Connecting Taxiways
Measure R (MR)
Storm Drain - Developer Fees

SUMMARY OF AIRPORT FUNDING

AIRPORT

FUNDING

FISCAL YEAR
23/24
Runway 12-30 Improvements
Construction
Restaurant Improvements
Phase 1 - Relocate Perimeter Fence for Runway Shift
Phase 2 - Runway Shift
Design
Design & Construction
Taxilane Rehabilitation

Page 24 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Increase ENR (estimate): 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% 3.25% Purchase Electric Vehicles $533,332 $665,000 SB1
$690,000 FTA 5339
$173,000 LTF Transit
$2,100,000 $2,800,000 FTA 5307
$525,000 $700,000 LTF Transit
Total $3,488,000
$1,200,000 FTA 5307
$300,000 LTF Transit
$8,000,000 Unfunded
$2,000,000 Unfunded
Total $1,500,000
$240,000 FTA 5307
$60,000 LTF Transit
$800,000 FTA 5307
$200,000 LTF Transit
$260,000 FTA 5307
$65,000 LTF Transit
Total $1,625,000
$15,000 LTF Transit
$60,000 FTA 5307
$520,000 Unfunded
$130,000 Unfunded
Total $75,000
$400,000 $400,000 FTA 5307
$100,000 $100,000 LTF Transit
Electric Vehicle Charging Stations (Public access) $80,000 $80,000 $80,000 $80,000 $80,000 Air District $80,000 $80,000 FTA 5307
$20,000 $20,000 LTF Transit
$80,000 FTA 5307
$20,000 LTF Transit
$200,000 $200,000 $60,000 $60,000 $60,000 $60,000 FTA 5307 $50,000 $50,000 $15,000 $15,000 $15,000 $15,000 LTF Transit $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 FTA 5307 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 LTF Transit TRANSIT FY 23/24 TOTAL $7,198,000
Transit Center
Transit Signage at Transit Shelters
Transit Shelters
Transit Signal Preemption
Multi-modal Corridor Rail ROW Improvements
Construction of the Expansion
Construction
Security Improvements
Renewable Energy Infrastructure
Battery Electric Vehicle (BEV) Master Plan
Prospect St Bus Maintenance Facility Improvements

FACILITY MAINTENANCE PROGRAM
Transit Center Improvements Exterior and Lobby

TRANSIT

FUNDING

FISCAL YEAR
23/24
New Bus Maintenance Facility
Design

ZERO EMISSION VEHICLE PROGRAM
Fleet Replacement
Paratransit and Microtransit Services
Fuel Management System
Construction
Purchase of Vehicles

Page 25 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33

TRANSIT

FUNDING

FISCAL YEAR
23/24
$0
$0
$0
$5,050,000
FTA 5339 $690,000
$1,458,000
$0
$0
$7,198,000
FTA 5307
Total
Unfunded
Air District
LTF Transit
Air Resources Board (CARB)
Congestion Mitigation and Air Quality (CMAQ)
Measure R - Transit

SUMMARY OF TRANSIT FUNDING

Page 26 ends

CAPITAL IMPROVEMENTS STRATEGIES 2023/2024
PROJECT DESCRIPTION 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32 32/33 Field Services Campus Fiber Connection $100,000 ARPA
Field Services Connection to City Hall $500,000 ARPA
Public Safety Building connection to City Hall $500,000 ARPA Council Chambers Infrastructure $10,000 ARPA
Conference Rooms Equipment and Installation $30,000 ARPA Blockhouse/IT Office Improvements $100,000 Unfunded
Corporation Yard Fuel Island $240,000 ERF
Digitization of Records & Records Management $8,000 GF
Refuse
Transfer Station Concrete Pad (Green Waste) $250,000 SW Reserve Transfer Station Cover $150,000 SW Reserve
Transfer Station Scales $300,000 SW Reserve
North SR 65 $50,000 LTF
South SR 65 $50,000 LTF
West Olive Avenue $10,000 LTF
Eastbound SR 190 @ Westwood $10,000 Measure R Reg
Westbound SR 190 @ Plano $10,000 Measure R Reg
Mechanical Screening - City Hall $25,000 GFRDM
Weed Abatement - City Transportation Facilities $50,000 LTF MISCELLANEOUS FY 23/24 TOTAL $2,293,000
General Fund (GF) $8,000
General Fund Reserve Capital Improvement (GFRCI) $0
General Fund Reserve Deferred Maintenance (GFRDM) $25,000 American Rescue Plan Act (ARPA) $1,140,000
Congestion Mitigation Air Quality (CMAQ) $0
Equipment Replacement Fund (ERF) $240,000
Local Transportation Funds (LTF) $160,000
Measure R - Regional (Measure R Reg) $20,000
Solid Waste Reserve (SW Reserve) $700,000
Unfunded $0
Total $2,293,000

SUMMARY OF MISCELLANEOUS FUNDING

MISCELLANEOUS PROJECTS

FUNDING

FISCAL YEAR
23/24
Entry "Welcome" Signs
American Rescue Plan Act COVID Technology Updates

Page 27 ends

ESTIMATED

DEPARTMENT EQUIPMENT DESCRIPTION COST
Finance - IT Misc computer equipment 40,000 $
Parks Maintenance Pickup Truck 65,000 $
Flatbed Truck 75,000 $
Spray Rig 20,000 $
Chipper Body 45,000 $
Sports Complex 12' Mower 72,000 $
8' Mower 48,000 $
Utility Cart 15,000 $
Spray Rig 14,000 $
Leisure Services Light Towers (2) 24,000 $
Public Works - Streets Pickup Truck 60,000 $
Flatbed Truck 75,000 $
Total General Fund Equipment Replacement $ 553,000
Golf Course Utility Cart 22,000 $
Total Golf Course Equipment Replacement $ 22,000
Airport Pickup Truck 60,000 $
Total Airport Equipment Replacement $ 60,000
Public Works - Sewer Backhoe 190,000 $
Vactor 706,370 $
Generator 120/240V 11,000 $
Public Works - WWTF Water Analyzer 40,000 $
Dump Truck 285,000 $
Utility Cart 17,000 $
Public Works - Ind. Pre-Treatment Pickup Truck 60,000 $ Lab testing equipment 34,000 $
Total Sewer Equipment Replacement $ 1,343,370

CITY OF PORTERVILLE

ANNUAL BUDGET
2023-2024

EQUIPMENT REPLACEMENT SCHEDULE

ESTIMATED

DEPARTMENT EQUIPMENT DESCRIPTION COST

CITY OF PORTERVILLE

ANNUAL BUDGET
2023-2024

EQUIPMENT REPLACEMENT SCHEDULE
Public Works - Solid Waste Automated Containers 250,000 $ Commercial Bins and Rolloff Containers 200,000 $
Pickup 60,000 $
Frontloader (2)* 705,000 $
Sideloader (2)* 796,000 $
Roll-Off Truck* 280,000 $
Total Solid Waste Equipment Replacement $ 2,291,000
Public Works - Water Quality Service Body w/Crane 105,000 $ Public Works - Water Distribution Backhoe 180,000 $
Generator 100kw 120,000 $
Generator 400kw 270,000 $
Generator 1600W 5,000 $
Total Water Equipment Replacement $ 680,000
Public Works - Equipment Maint. Filter Crusher 11,200 $ Engine Scanner 8,800 $
Portable Welder 11,000 $
Fuel Pump 68,000 $
Total Equipment Maintenance Equipment Replacement $ 99,000 TOTAL 2023/24 EQUIPMENT REPLACEMENT $ 5,048,370
*Prior approval by Council

CITY OF PORTERVILLE
City Council: September 5, 2023
FY 2023-24 Proposed Budget
FY 2023-24
Priority Projects
* New Library: $33.23 million (insurance proceeds and State grant) * Interim Library Facility: $272,900 (insurance proceeds) * Local Street Improvements: $15.65 million (con); $4.36 million (des) * Wastewater Tertiary Treatment: $2 million (EMC); $1.3 million (Corp) * Community Recreation Center: $11.17 million (State grant/ARPA) * New Animal Shelter Facility: $3.93 million (ARPA)
* Serious Accident Review Team (SART): $9.85 million (Measure I) * Sports Complex Completion: $62,000
* Lighted Baseball Field: $1,000,000 (ARPA)
* Henry Street Park Improvements: $212,000 (insurance proceeds) * Skate Park Shade Structure and Lighting: $135,000 (State grant) * State Routes 65 and 190 Welcome Signs: $130,000 (LTF/Measure R) * Westwood Bridge Widening (Tule River); Newcomb/Olive/Prospect * American Rescue Plan Act (ARPA) Funding
FY 2023-24 Proposed Budget
Street Projects (Construction): $15,647,901
Street: Segment: Estimate:

Villa St Olive Ave – Henderson Ave $ 8,080,387
Main St Putnam Ave – Morton Ave $ 1,882,524
Newcomb St Olive Ave – Morton Ave $ 1,745,990
Montgomery Jaye St – H St $ 1,650,000
Putnam Ave Elderwood St – Westwood St $ 1,104,000
Fourth St Grand Ave – Henderson Ave $ 560,000
Indiana St Culvert Extension and Sidewalk $ 400,000
Olive Ave Beverly St/Maston St Median $ 225,000
FY 2023-24 Proposed Budget
Street Projects (Planning/Design): $4,360,967
Street: Segment: Estimate:

Teapot Dome West St – State Route 65 $ 1,000,000
Westwood St Henderson Ave – Westfield Ave $ 800,000
Scranton Ave West St – Westwood St $ 750,000
Union Ave Indiana St – Jaye St $ 590,967
Morton Ave Westwood St – Plano St $ 500,000
Date Ave H St – Kessing St $ 300,000
Castle Ave Lombardi St – Castle Ave $ 250,000
Grand Ave 4th St – Plano St $ 148,000
Henderson Ave Westwood St – Patsy St $ 52,000
FY 2023-24 Proposed Budget
Street Projects (Planning/Design): $57,596,000
Street: Segment: Estimate:

Teapot Dome West St – State Route 65 $ 14,560,000
Scranton Ave West St – Westwood St $ 13,650,000
Morton Ave Westwood St – Plano St $ 11,120,000
Westwood St Henderson Ave – Westfield Ave $ 3,900,000
Henderson Ave Westwood St – Patsy St $ 3,502,000
Date Ave H St – Kessing St $ 3,300,000
Grand Ave 4th St – Plano St $ 2,698,000
Union Ave Indiana St – Jaye St $ 2,616,000
Castle Ave Lombardi St – Castle Ave $ 2,250,000
FY 2023-24 Proposed Budget
Street Maintenance: $5,275,000
Activity: Estimate:

Micro-surfacing $ 2.55 million
Self-Perform Overlays $ 2.00 million
Miscellaneous $ 525,000
FY 2023-24
Major Capital Projects
* Butterfield Stage Corridor: $9,050,000 (ATP)
* New Wells Equipping: $6,491,693 (Water)
* Airport Area Storm Drain: $4,300,000 (Water)
* Tule River Parkway, Phase III: $3,544,064 (MR)
* Santa Fe Byway: $3,170,951 (State grant)
* SCADA System Upgrade: $2,500,000 (ARPA)
* New OHV Park: $2,000,000 (State grant)
* Veterans Park Trail, Phase II: $1,845,000 (CMAQ)
* Northwest Recharge Basin: $1,692,000 (Water)
* Mini-Pitch Sports Complex: $1,758,000 (CDBG)
“Other” Major Projects
* Hayes Field Lighting: $750,000 (ARPA)
* Golf Course Poles/Netting: $300,000 (ARPA)
* Regional EOC and Public Safety Administration
* Airport Taxiways Rehabilitation/Runway Shift
* State Route 190 Improvements
* Transit Projects: $7,198,000
* SOTU Area and New Bridges Planning
* Water Infrastrucutre/SGMA Preparation
* Tule River Repair and Stabilization
FY 2023-24 Proposed Budget
General Fund
Revenues: $33,219,473
Expenditures: $32,467,668
$ 751,805
Transfers: $ (810,930)
$ 59,125
FY 2023-24 Proposed Budget
General Fund
FY: Revenue: Expenditures: Transfers: Balance:
18-19 $28,212,158 $27,062,006 $ 875,456 $ 274,696
19-20 $28,667,785 $28,801,011 $1,028,253 $1,161,479
20-21 $32,230,698 $30,294,257 $1,579,125 $3,515,566
21-22 $31,984,562 $28,125,079 $ 422,478 $4,281,967
22-23* $35,383,943 $31,434,493 $ 511,639 $4,461,089
23-24#$33,219,473 $32,467,668 $ 810,930 $ 59,125
(* Estimate; # Proposed)
FY 2023-24 Proposed Budget
General Fund Reserve Funds: $23,057,000
* Equipment Replacement: $5,540,000
* Budget Stabilization (15%): $4,870,000
* Catastrophic/Emergency (10%): $3,247,000
* Infrastructure Improvement: $3,100,000
* Facility Deferred Maintenance: $3,100,000
* Capital Improvement: $3,100,000
* City Council Special Purposes: $100,000
FY 2023-24 Proposed Budget
Proposed New Positions:
* Administrative Aide (Fire): General Fund
* Code Enforcement Officer: Measure I
* Fire Inspector: Measure I
* Firefighter (3): General Fund (Tribe MOU)
* Police Dispatcher (2): General Fund (Tribe MOU)
* Police Officer (2): General Fund (Tribe MOU)
FY 2023-24 Proposed Budget
Budgetary Considerations:
* Pension Funding Policy; $1.7 million ADP
* Zalud House Fund deficit; $20,000 annually
* Main Street Music Events; $25,000
* Mighty 190 Committee Funding
Item No. 16.

CITY COUNCIL AGENDA – SEPTEMBER 19, 2023
SUBJECT: Second Reading - Ordinance No. 1903 - Adopting an Amendment to the Zoning Map Changing the Zoning Designation of Assessor's Parcel Number 253-050- 007 to Planned Development
SOURCE: Administrative Services
COMMENT: Ordinance No. 1903, an Ordinance adopting an amendment to the zoning map changing the zoning designation of APN 253-050-007 to Planned Development, relating to the development of the Terrazza Development Project located at the southwest corner of W. Grand Avenue and Plano Street, Porterville, California, was given first reading by the City Council at its meeting on September 5, 2023, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1903, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1903
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

ORDINANCE NO. 1903

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ADOPTING AN AMENDMENT TO THE ZONING MAP CHANGING THE ZONING DESIGNATION OF ASSESSOR’S PARCEL NUMBER 253-050-007 TO PLANNED

DEVELOPMENT
WHEREAS: Brian Ennis (Applicant) has submitted to the City of Porterville the Terrazza Development Project, consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 3.07 acres into 12 total lots located at the southwest corner of W. Grand Avenue and Plano Street (APN 253-050-007; Site); and WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of September 5, 2023, conducted a public hearing to consider findings in support of Zone Change PRC 2017-048-Z, being a change from RM-1 (Low Medium Density Residential) to PD (Planned Development) for the parcel located at APN 253-050-007; and WHEREAS: on August 23, 2023, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for September 5, 2023 and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and
WHEREAS The City Council of the City of Porterville received testimony from all interested parties related to said Zone Change; and
WHEREAS: via adoption of Resolution No. 57-2023, the City Council has adopted a mitigated negative declaration and mitigation monitoring and reporting program for the Project; and
WHEREAS: via adoption of Resolution No. 58-2023, the City Council has amended the General Plan Land Use Designation of the project site to Medium Density Residential; and WHEREAS: The City Council made the following findings that the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.
a. The project supports and complies with the following General plan guiding policies:
• LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city.
• LU-G-3: Promote sustainability in the design and development of public and private development projects.
• LU-G-5: Ensure that new development pays for the public pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.

Ordinance No. 1903

Page 2 of 2 ends

• ED-G-2: Retain, improve, and promote existing businesses in Porterville. • ED-G-5: Retain existing local businesses and foster local start-ups. • ED-G-7: Create an image for Porterville that will attract and retain economic activity.
b. The location of the proposed residential development and proposed zoning of Planned Development will not be detrimental to the public health, safety welfare, or materially injurious to properties or improvements in the vicinity.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Porterville as follows:

SECTION 1: That the following described property in the City of Porterville, County of Tulare, State of California, known as Zone Change PRC 2017-048-Z, is hereby rezoned from RM-1 (Low Medium Density Residential) to PD (Planned Development), pursuant to Number 2 below, for the parcel described herein as Assessor Parcel Number 260-204-009; and SECTION 2: It is further ordained that all record of the City of Porterville, together with the official zoning map of the City of Porterville, shall be changed to show the above-described real property is rezoned from RM-1 (Low Medium Density Residential) to PD (Planned Development) for the parcel described above, more particularly shown on the attached map as Exhibit “A”.

SECTION 3: This ordinance shall be in full force and effect not sooner than thirty (30) days from and after the ordinance’s publication and passage.

SECTION 4: Future development of site shall comply with the Porterville Development Ordinance and all applicable codes.

PASSED, APPROVED, AND ADOPTED this 19th day of September, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: ______________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – SEPTEMBER 19, 2023
SUBJECT: Bid Results - North Friant-Kern Canal Turnout & Basin Project SOURCE: Engineering and Project Management
COMMENT: At its meeting on July 18, 2023, the City Council authorized the advertisement for bids on the North Turnout and Groundwater Recharge Basin Project. On September 8, 2023, staff received two (2) bids for the project. This project includes the installation of new water pipelines, concrete structures, earthwork, and all other appurtenances as shown on the plans. This project is important as it will help the City meet the requirements of the Sustainable Groundwater Management Act (SGMA) and help meet water system demands.

The Engineer's Estimate of Probable cost is $1,410,000. The low bid represented by Nicholas General Engineering Contractors of Shafter is $2,070,400, which is 46.83% higher than the Engineer's Estimate. An additional $207,040 is necessary for construction contingencies and an additional $207,040 is required for construction management, quality control, and inspection services for a total project cost of $2,484,480.

It has been the Council's policy to reject all bids when the bid exceeds ten percent (10%) of the Engineer's Estimate. It is important to note that access to the canal to complete the work has a finite time window that usually begins November 1 and ends around January 25th during years when the canal is scheduled to be shut down. If we miss that window this year, the next time the canal will be shut down to allow this work is three (3) years from now. During the bid process, the City did receive word that the scheduled window would likely not last through January as previously noticed and, as such, addendums were sent out explaining that the contractors needed to plan to have the necessary work within the canal completed by December 31, 2023. This shortened window is what may have led to the higher than expected bids as the contractor may have needed to account for longer work days and/or longer work weeks to ensure completion of the work within the canal on time. Further complicating the matter, the City received word after the bid opening that the required State Historic Preservation Office (SHPO) process was delayed; this is a standard process to make sure that any proposed construction isn't affecting items of historical significance. There are no items of note in the area of construction and the SHPO is pushing to complete the process in a timely manner, but there could be a potential delay in the actual start date for the project which would further compress the window of time for work within the canal.

The bids are as follows:

Item No. 17.

Contractor Amount
Nicholas General Engineering
Contractors
Shafter, CA
$2,070,400
Cal Valley Construction
Fresno, CA
$3,094,970
Funding for the project in the amount of $1,692,000 of Water Replacement Funds was previously approved for this project. Additional Water Replacement Funds in the amount of $792,480 are required in order to fully fund the project.

Staff is currently in negotiations on an agreement with Porterville Irrigation District (PID) to share in the costs of this project. PID's contribution would be a reimbursement to the City for a percentage of the project. Said agreement will be brought before City Council for approval at a future meeting.

RECOMMENDATION: That City Council:

1. Award the North Friant-Kern Canal Turnout & Basin Project to Nicholas General Engineering Contractors in the amount of $2,070,400;

2. Authorize progress payments up to one hundred percent (100%) of the contract amount:

3. Authorize a ten percent (10%) contingency to cover unforeseen costs;

4. Authorize an additional $207,040 for construction
management, quality control, and inspection services;

5. Authorize the Finance Director to appropriate $792,480 in Water Replacement Funds to fully fund the project; and

6. Authorize the City Engineer to negotiate construction surveying services with one of the firms approved by Council MO #04-041922.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager

Item No. 18.

CITY COUNCIL AGENDA – SEPTEMBER 19, 2023
SUBJECT: Bid Results - Fire Station 72 Classroom Remodel Project SOURCE: Engineering and Project Management
COMMENT: At its meeting on July 18, 2023, the City Council authorized the advertisement for bids for the Fire Station 72 Classroom Remodel Project located at 500 N.

Newcomb Street. On September 12, 2023, staff received a single bid for the project. The project includes the remodeling of the existing restrooms for accessibility, the construction of independent shower stalls, and the creation of a breakroom/kitchen. This project will also include the relocation of the existing data and network cabling and rack as well as the existing fire alarm. This Project is an integral step to accommodate fire personnel during the future remodels of all three existing fire stations. In the past, the classroom has been used as temporary basecamps for strike teams reporting to large incidents in the area prior to the set-up of the official basecamp for said incidents. This remodel could provide an opportunity for housing and other services during emergencies and training beyond just the initial response period.

The Engineer's Estimate of Probable cost is $353,423.40. The sole bid presented by TMJ Construction Inc of Bakersfield is $545,734, which is

54.41% higher than the Engineer's Estimate. An additional $54,573 (10%) is necessary for construction contingencies and an additional $54,573 (10%) is required for construction management, quality control, and inspection services.

As previously reported, the expense of relocating the existing data and network cable and rack as well as the existing fire alarm are to be covered by direct contract through the vendors for those systems at a cost of approximately $26,000. During the bid process, it was determined that the existing radio and notification system at Fire Station 72 needed to be upgraded and extended to allow notification within the classroom building. It was also determined that the existing audio visual system for the classrooms is outdated and in need of replacement. The work for these items would be covered by direct contract through the vendors at a cost of approximately $65,000 for a total project cost of $745,880.

It has been the Council's policy to reject all bids when the bid exceeds ten percent (10%) of the Engineer's Estimate. Although the possibility exists that the City will receive more favorable bids if re-advertised, the indicators in the current market suggest the chances of such are very unlikely. In an effort to encourage more bid participation, staff did extend this bid period by a week with the results being only the single general contractor submitting a bid.

Funding for this project in the amount of $450,107.40 in Measure H Funds was Item No. 18.
previously approved. Additional Measure H Funds in the amount of $295,772.60 are required in order to fully fund the project should the Council decide to award.

RECOMMENDATION: That the City Council:
1) Reject the bid received and authorize the re-advertisement of the Project for bids; or
2) Award the Fire Station 72 Classroom Remodel Project to TMJ Construction Inc in the amount of $545,734;
3) Authorize progress payments up to one hundred percent (100%) of the contract amount;
4) Authorize a ten percent (10%) contingency to cover unforeseen costs;
5) Authorize an additional $54,573 (10%) for construction management, quality control, and inspection services;
6) Authorize staff to negotiate through the informal bid process to relocate, replace, or install the network cabling and rack, fire alarm system, radio and notification system, and audio visual system at a not to exceed total cost of $91,000; and
7) Authorize the Finance Direct to appropriate $295,772.60 in Measure H Funds to fully fund the project.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

NEWCOMB ST.

GRAND AVE. GRAND AVE.

PROSPECT ST.

PROPERTY LINE 2,613.05' - 0" PROPERTY LINE 2,613.05' - 0" PROPERTY LINE 1,243.39' - 0" SITE
Item No. 19.

CITY COUNCIL AGENDA – SEPTEMBER 19, 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 September 5, 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. 19.
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 (MOU) 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. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, 2023 to May 5, 2023.

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 Item No. 19.
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 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 twenty (20) individuals each evening (please see attached daily census).

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. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.

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 Item No. 19.
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 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. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.

On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.

On August 4, 2023, Governor Newsom issued Executive Order N-10-23 to streamline levee repairs and debris removal to help local communities recover from flooding and prepare for the next wet season.

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.

In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security Item No. 19.
services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

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. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

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

9. License to Use State Military Property - April 14, 2023

10. City and County Memorandum of Understanding for
Shelter Support

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

12. License to Use State Military Property - May 16, 2023

13. Federal Disaster Declaration Notice - July 14, 2023

14. Armory Temporary Evacuation Point and Shelter - Daily Census

15. Resolution No. 15-2023

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

17. Royal Restrooms Invoice: Mobile Shower-Restroom Units

18. Rain for Rent Pump Invoice

19. Mike Clark Trucking Invoice

20. TopKnotch Security, Inc. Agreement

21. Good Guard Security, Inc. Agreement

22. Municipal Code Chapter 9 - Civil Defense and Disaster

23. 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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough 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; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; 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 and Executive Orders shall remain in full force and effect except as modified in this Order.

2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:

To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:

The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.

4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, 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. With respect to diversions of floodwaters that are 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, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. 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.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.

5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:

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 suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.

6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:

For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, 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 or San Joaquin River Basins.

7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

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 or San Joaquin River Basins, 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.

8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

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 or San Joaquin River Basins. 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.

9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:

The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. 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 waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. 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 purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.

The Water Board shall post on its internet website all reports received pursuant to this subparagraph.

10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.

11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.

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 17th day
of May 2023.
_________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); 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 the 2022- 2023 Winter Storm Events.

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 and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.

2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.

4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.

Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.

5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, 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 damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

6. 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 the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). 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.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to 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 hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Date: Adults: Youth: Dogs:

Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Date: Adults: Youth: Dogs:

Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5

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

AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:

Email:

Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):

Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.

Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.

This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:

1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.

2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.

3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.

4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.

5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.

6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).

7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.

8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.

9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.

10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.

11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.

12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.

13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.

14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.

IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:

By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager

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.)

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