Agenda packet — Porterville City Council, March 5, 2024 (part 2 of 3)

LOCAL AGENCY INVESTMENT GUIDELINES 112
57604
(a) As used in this section:
(1) “Conducted in partnership with” means pursuant to a written agreement with a local financial institution to provide financial products and services to the public located within the jurisdiction of the public bank. (2) “Infrastructure lending” means granting a loan or extending credit to a local agency for the purpose of building or improving public infrastructure, including housing projects, as defined in Section 34212 of the Health and Safety Code, and affordable housing, as defined in subdivision (a) of Section 62250. (3) “Local agency banking” means providing any of the following services to a local agency:
(A) Accepting a deposit of any kind.
(B) Granting a loan or extension of credit of any kind. (4) “Participation lending” means purchasing or selling an interest in a loan or loans originated by or sold to a local financial institution, or originating, leading, or directing a loan transaction involving a local financial institution pursuant to a written agreement with the local financial institution. (5) “Person” means a person as defined in Section 127 of the Financial Code, except that a person does not mean a local agency as defined in Section 50001 of the Government Code, but includes any individual employed by a local agency. (6) “Retail activities” means providing any kind of financial product or service to a person that is typically offered or provided by a local financial institution, including, but not limited to, all of the following:
(A) Accepting a deposit of any kind from a person, including the issuance of shares by a credit union.
(B) Granting a loan or extension of credit, of any kind, to a person. (7) “Wholesale lending” means granting a loan or extension of credit to a local financial institution.
(b) Except as provided in paragraph (2) of subdivision (c), a public bank shall conduct retail activities in partnership with local financial institutions and shall not compete with local financial institutions.
(c) A public bank may do both of the following:
(1) Engage in all of the following banking activities:
(A) Local agency banking.
(B) Infrastructure lending.
(C) Wholesale lending.

LOCAL AGENCY INVESTMENT GUIDELINES 113
(D) Participation lending.
(2) Engage in retail activities without partnering with a local financial institution, if those retail activities are not offered or provided by local financial institutions in the jurisdiction of the local agency or agencies that own the public bank. 57605
For the purposes of Section 1280 of the Financial Code, any person or entity, including a local agency, that owns, controls, or holds an ownership interest in a public bank is not a bank holding company by reason of that ownership interest. 57606
(a) Before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code, a local agency shall conduct a study to assess the viability of the proposed public bank. The study shall include, but is not limited to, all of the following elements:
(1) A discussion of the purposes of the bank including, but not limited to, achieving cost savings, strengthening local economies, supporting community economic development, and addressing infrastructure and housing needs for localities.
(2) A fiscal analysis of costs associated with starting the proposed public bank. (3) An estimate of the initial amount of capital to be provided by the local agency to the proposed public bank.
(4) Financial projections, including a pro forma balance sheet and income statement, of the proposed public bank for at least the first five years of operation.

The financial projections shall include an estimate of the time period for when expected revenues meet or exceed expected costs and an estimate of the total operating subsidy that the local agency may be required to provide until the proposed public bank generates sufficient revenue to cover its costs. In addition to projections that assume favorable economic conditions, the analysis shall also include a downside scenario that considers the effect of an economic recession on the financial results of the proposed public bank. The projections may include the downside scenario of continuing to do business with the local government’s current banker or bankers.
(5) A legal analysis of whether the proposed structure and operations of the public bank would likely comply with Section 6 of Article XVI of the California Constitution, but nothing herein shall compel the waiver of any attorney-client privilege attaching to that legal analysis.
(6) An analysis of how the proposed governance structure of the public bank would protect the bank from unlawful insider transactions and apparent conflicts of interest.
(b) The study may include any of the following elements:

LOCAL AGENCY INVESTMENT GUIDELINES 114
(1) A fiscal analysis of benefits associated with starting the proposed public bank, including, but not limited to, cost savings, jobs created, jobs retained, economic activity generated, and private capital leveraged.
(2) A qualitative assessment of social or environmental benefits of the proposed public bank.
(3) An estimate of the fees paid to the local agency’s current banker or bankers. (4) A fiscal analysis of the costs, including social and environmental, of continuing to do business with the local agency’s current banker or bankers. (c) (1) The study required by subdivision (a) shall be presented to and approved by the governing body of the local agency, and a motion to move forward with an application for a public banking charter shall be approved by a majority vote of the governing body at a public meeting prior to the local agency submitting an application pursuant to Section 1020 of the Financial Code. In addition, the local agency shall include a copy of the study required by subdivision (a) in the application submitted to the Commissioner of Business Oversight. (2) Before the local agency submits an application pursuant to Section 1020 of the Financial Code, the motion to move forward with an application for a public banking charter shall be subject to voter approval at the next regularly scheduled election held at least 180 days following the vote of the governing body. (3) The voter approval requirement described in paragraph (2) shall apply to a local agency entering into a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) after the study required in subdivision (a) has been completed and before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code.
(4) As used in paragraphs (2) and (3), “local agency” does not include a charter city. (d) The local agency shall make available to the public the financial models and key assumptions used to estimate the elements described in paragraphs (2) through (4) of subdivision (a) before presenting the study to the governing body of the local agency as required by subdivision (c).
57607
(a) The Commissioner of Business Oversight shall not issue more than two public bank licenses in a calendar year. (b) The Commissioner of Business Oversight shall not issue a public bank license if issuing that public bank license would cause there to be more than 10 public banks authorized to transact business pursuant to Division 1.1 (commencing with Section 1000) of the Financial Code.
(c) The Commissioner of Business Oversight shall conduct a study of public banking in California within two years after the date upon which the commissioner issues the 10th public bank license.

LOCAL AGENCY INVESTMENT GUIDELINES 115
(d) The Commissioner of Business Oversight shall not issue a public bank license after the expiration of a period of seven years from the date upon which the commissioner first promulgates regulations for the purpose of carrying out the commissioner’s duties under this division.

LOCAL AGENCY INVESTMENT GUIDELINES 116
Glossary
A

ACTIVE MANAGEMENT STRATEGY
Investment strategy based on a manager or a team of managers actively managing a fund's portfolio with the goal of outperforming benchmarks through
analytical research, forecasts, and their
own judgment and experience.

ACCRETION
The accumulation of value that occurs
during the duration or time between a
bond's issuance and maturity.

ACCRUED INTEREST
Coupon interest accumulated on a
bond or note since the last interest
payment or, for a new issue, from the
dated date to the date of delivery.

AMORTIZATION OF COSTS
Reconciliation of the purchase price
of a security and par value resulting in
net interest.

ARBITRAGE
Transactions by which securities are
bought and sold in different markets
at the same time for the sake of the
profit arising from a yield difference
in the two markets. The 1986 Tax
Reform Act made this practice by
municipalities illegal solely as a borrowing tactic, except under certain safe-harbor conditions.

ASSET ALLOCATION
The division of an investment portfolio among different asset categories, such as stocks, bonds, and cash.

ASSET-BACKED SECURITIES
Securities that are supported by
pools of assets, such as installment
loans or leases, or by pools of revolving lines of credits. Asset-backed securities are structured as trusts in
order to perfect a security interest in
the underlying assets.

AVERAGE
An arithmetic mean of selected stocks
intended to represent the behavior of
the market or some component of it.

BANK DEPOSITS
Deposits in banks or other depository institutions that may be in the form of demand accounts (checking)
or investments in accounts that have
a fixed term and negotiated rate of
interest.

BANK NOTES
A senior, unsecured, direct obligation of a bank or U. S. branch of a foreign bank.

LOCAL AGENCY INVESTMENT GUIDELINES 117
BANKERS’ ACCEPTANCE
A draft or bill or exchange accepted
by a bank or trust company. The
accepting institution, as well as the
issuer, guarantees payment of the bill.

BASIS POINTS
Refers to the yield on bonds. Each
percentage point of yield in bonds
equals 100 basis points (1/100% or

0.01%). If a bond yield changes from

7.25% to 7.39%, that is a rate of 14
basis points.

BENCHMARK
A passive index used to compare the
performance, relative to risk and
return, of an investor’s portfolio.

BOND PROCEEDS
The money paid to the issuer by the
purchaser or underwriter of a new
issue of municipal securities. These
moneys are used to finance the project
or purpose for which the securities
were issued and to pay certain costs
of issuance as may be provided in the
bond contract.

BONDS
A debt obligation of a firm or public
entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the
principal.

BOOK RETURN
Book return includes interest, amortization/accretion of premiums/discounts, realized gains and losses, over a given period of time.

BOOK VALUE
The value at which an asset is carried
on a balance sheet.

BROKER
A person or firm that acts as an intermediary by purchasing and selling securities for others rather than for its
own account.

BUY AND HOLD STRATEGY
A strategy based on holding all securities until maturity, regardless of fluctuations in the market.

CALL OPTION
The terms of the bond contract giving
the issuer the right to redeem or call
an outstanding issue of bonds prior to
its stated date of maturity.

CALL RISK
The risk to a bondholder that the
bond issuer will exercise a callable
bond feature and redeem the issue
prior to maturity.

CALLABLE SECURITIES
An investment security that contains
an option allowing the issuer to
retire the security prior to its final
maturity date.

CASH FLOW
A comparison of cash receipts (revenues) to required payments (debt service, operating expenses, etc.).

CERTIFICATE OF DEPOSIT
A short-term, secured deposit in a financial institution that usually returns principal and interest to the lender at
the end of the loan period. Certificates of Deposit (CDs) differ in terms of collateralization and marketability.

Those appropriate to public agency
investing include:

LOCAL AGENCY INVESTMENT GUIDELINES 118
Negotiable Certificates of Deposit
Generally, short-term debt instru-
ment that usually pays interest and is
issued by a bank, savings or federal
association, state or federal credit
union, or state-licensed branch of a
foreign bank. The majority of nego-
tiable CDs mature within six months
while the average maturity is two
weeks. Negotiable CDs are traded in
a secondary market and are payable
upon order to the bearer or initial
depositor (investor). Negotiable
CDs are insured by FDIC up to
$250,000, but they are not collateral-
ized beyond that amount.

Non-Negotiable
Certificates of Deposit
CDs that carry a penalty if redeemed
prior to maturity. A secondary mar-
ket does exist for non-negotiable
CDs, but redemption includes a
transaction cost that reduces returns
to the investor. Non-negotiable
CDs issued by banks and savings
and loans are insured by the Federal
Deposit Insurance Corporation up
to the amount of $250,000, includ-
ing principal and interest. Amounts
deposited above this amount may be
secured with other forms of collateral
through an agreement between the
investor and the issuer. Collateral
may include other securities includ-
ing Treasuries or agency securities
such as those issued by the Federal
National Mortgage Association.

CDARS (CERTIFICATE

OF DEPOSIT ACCOUNT

REGISTRY SYSTEM)
A private CD placement service that
allows local agencies to purchase
more than $250,000 in CDs from a
single financial institution (must be a
participating institution of CDARS)
while still maintaining FDIC insur-
ance coverage. CDARS is currently
the only entity providing this service.

CDARS facilitates the trading of
deposits between the California insti-
tution and other participating institu-
tions in amounts that are less than
$250,000 each, so that FDIC cover-
age is maintained.

CD PLACEMENT SERVICE
A service that allows local agencies to
purchase more than $250,000 in CDs
from a single financial institution
while still maintaining FDIC insur-
ance coverage. See “CDARS”.

COLLATERALIZATION

OF DEPOSITS
Process by which a bank or financial
institution pledges securities, or other
deposits for the purpose of securing
the repayment of deposited funds.

COMMERCIAL PAPER
An unsecured short-term promissory
note issued by corporations or munici-
palities, with maturities ranging from 2
to 270 days.

CONVEXITY
A measure of the price sensitivity of
a fixed income security to changes in
interest rates. Convexity is influenced
by such factors as the coupon rate,
maturity, and any call options that may
or may not exist. Prices rise at increas-
ing rates as yields fall and prices decline
at decreasing rates as yields rise.

CORPORATE NOTES AND BONDS
Debt instruments, typically unse-
cured, issued by corporations, with
original maturities in most cases
greater than one year and less than
ten years.

LOCAL AGENCY INVESTMENT GUIDELINES 119

COUNTY POOLED

INVESTMENT FUNDS
The aggregate of all funds from public
agencies placed in the custody of the
county treasurer or chief finance officer for investment and reinvestment.

COUPON
The annual rate of interest that a
bond’s issuer promises to pay the
bondholder on the bond’s face value; a
certificate attached to a bond evidenc-
ing interest due on a payment date.

CREDIT RATING
Various alphabetical and numerical
designations used by credit rating or
nationally recognized statistical rating
organizations (NRSROs), institutional
investors, Wall Street underwriters,
and commercial rating companies to
give relative indications of bond and
note creditworthiness.

Long-term Ratings
The three most commonly used
NRSROs are Standard & Poor's,
Fitch Ratings, and Moody's. Stan-
dard & Poor’s and Fitch Ratings
use the same system, starting with
their high¬est rating, of AAA, AA,
A, BBB, BB, B, CCC, CC, C, and
D for default. Moody’s Investors
Service uses Aaa, Aa, A, Baa, Ba, B,
Caa, and Ca. Each of the services
use pluses (+), minuses (-), or nu-
merical modifiers to indicate steps
within each category. The S&P rat-
ings from AA to CCC may be modi-
fied by the addition of a plus (+)
or minus (-) sign to show relative
standing within the major rating
categories. Moody's appends nu-
merical modifiers 1, 2, and 3 to each
generic rating classification from Aa
through Caa. The modifier 1 indi-
cates that the obligation ranks in
the higher end of its generic rating
category; the modifier 2 indicates a
mid-range ranking; and the modifier
3 indicates a ranking in the lower
end of that generic rating category.

The top four letter categories are
considered investment grade ratings.

Short-term Ratings
Standard & Poor's short-term ratings
system is A-1+, A-3, B, C, and / for
default. Fitch Ratings use F1+, F3, B,
C, and / for default. Finally, Moody's
uses P1 and P3, anything below P3 is
considered not prime.

CREDIT RISK
The chance that an issuer will be un-
able to make scheduled payments of
interest and principal on an outstand-
ing obligation. Another concern for
investors is that the market’s percep-
tion of an issuer/borrower’s credit will
cause the market value of a security to
fall, even if default is not expected.

CUSIP NUMBER
The Committee on Uniform Security
Information Procedures (CUSIP)
Number refers to a security’s identifica-
tion number assigned to each publicly
traded security by the CUSIP Service
Bureau operated by Standard & Poor’s
for the American Bankers Association.

The CUSIP Number is a nine-charac-
ter identifier unique to the issuer, the
specific issue and the maturity, if appli-
cable (the first six characters identifying
the issuer, the next two identifying the
security and the last digit providing a
check digit to validate the accuracy of
the preceding CUSIP number).

CUSTODIAN
A bank or other financial institution
that keeps custody of stock certificates
and other assets.

LOCAL AGENCY INVESTMENT GUIDELINES 120
D
DEALER
Someone who acts as a principal in all
transactions, including underwriting,
buying, and selling securities, including from their own account.

DEFAULT RISK
The risk that issuers/borrowers will be
unable to make the required payments
on their debt obligations.

DEFEASED BOND ISSUES
Issues that have sufficient money to
retire outstanding debt when due so
that the agency is released from the
contracts and covenants in the bond
document.

DELIVERY VS. PAYMENT (DVP)
The payment of cash for securities as
they are delivered and accepted for
settlement.

DERIVATIVE
Securities that are based on, or derived
from, some underlying asset, reference
date, or index.

DISCOUNT
Discount means the difference between the par value of a security and the cost of the security, when the
cost is below par. Investors purchase
securities at a discount when return
to the investor (yield) is higher than
the stated coupon (interest rate) on
the investment.

DISCOUNT RATE
The interest rate used in discounted
cash flow (DCF) analysis to determine
the present value of future cash flows.

The discount rate in DCF analysis
takes into account not just the time
value of money, but also the risk or
uncertainty of future cash flows; the
greater the uncertainty of future cash
flows, the higher the discount rate.

DIVERSIFICATION
The allocation of different types of assets in a portfolio to mitigate risks and improve overall portfolio performance.

DURATION
A measure of the timing of the cash
flows to be received from a security
that provides the foundation for a
measure of the interest rate sensitivity of a bond. Duration is a volatility measure and represents the approximate percentage change in price divided by the percentage change in
interest rates. A high duration measure indicates that for a given level of movement in interest rates, prices of
securities will vary considerably.

EFFECTIVE DURATION
Duration measures the weighted average of the present value of the cash flows of a fixed-income investment.

Effective duration measures the price
sensitivity of fixed-income investments,
especially for those with embedded
option features such as call options. As
yields rise, the effective duration of a
callable investment rises to reflect the
fact that it has become less likely to be
called. The more rates rise, the longer
the effective duration will become,
approaching the duration to maturity.

The converse is true in a declining
interest rate environment (that is, the
more rates fall, the shorter the effective
duration will become, approaching the
duration to call). For securities without
an embedded option, the duration to
call, maturity, and effective duration
LOCAL AGENCY INVESTMENT GUIDELINES 121
are all the same. The calculation for
effective duration is complicated and
involves averaging the duration under
a simulation of many possible interest
rate scenarios in the future.

EVENT RISK
The risk associated with a changing
portfolio value due to a market event
causing swings in market prices and/
or spreads.

EXTENDABLE NOTES
Securities with maturity dates that
can be extended by mutual agreement between the issuer and investor. When investing in these types of securities, the maturity date plus
the stated extendable option must
not exceed the time frames that are
allowed in California Government
Code or the investment policy for
the investment type.

FIDUCIARY
An individual who holds something
in trust for another and bears liability
for its safekeeping.

FIRST TIER SECURITIES
Securities that have received shortterm debt ratings in the highest category from the requisite nationally recognized statistical-rating organizations (NRSROs), or are comparable unrated securities, or are issued by
money market funds, or government
securities. [See SEC Rules: Paragraph
(A)(12) of rule 2A-7.]

FLOATING RATE SECURITY
A security that has a variable or “floating” interest rate.

GOVERNMENT ACCOUNTING

STANDARDS BOARD (GASB)
A standard-setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units.

GOVERNMENT SPONSORED

ENTERPRISES (GSE)
Privately held corporations with
public purposes created by the U.S.

Congress to reduce the cost of capital
for certain borrowing sectors of the
economy. Securities issued by GSEs
carry the implicit backing of the U.S.

Government, but they are not direct
obligations of the U.S. Government.

For this reason, these securities will offer a yield premium over Treasuries.

GUARANTEED INVESTMENT

CONTRACT (GIC)
An agreement acknowledging receipt
of funds for deposit, specifying terms
for withdrawal, and guaranteeing a
rate of interest to be paid.

I
IRMA
An independent registered municipal advisor (IRMA) is registered as a municipal advisor with the SEC and
MSRB and has a fiduciary duty to the
issuer(s) that he/she advises on the issuance of municipal securities and investment of the proceeds of issued debt.

IRMA EXEMPTION
Pursuant to the Municipal Advisor
Rule (MA Rule), underwriters may
provide advice to municipal issuers only where certain exceptions or LOCAL AGENCY INVESTMENT GUIDELINES 122
exemptions apply. The Independent
Registered Municipal Advisor Exemp-
tion (IRMA Exemption) applies where:
(1) the issuer has retained an IRMA
that is not recently associated (within
the last two years of seeking to use
the exemption) with the underwriter,
(2) the underwriter receives a written
notice from the issuer that they are
represented by the IRMA and will rely
on their advice, and the underwriter
can reasonably rely on that notice, and
(3) the underwriter provides a written
notice to the issuer and IRMA stating
that the underwriter is not a municipal
advisor and has no fiduciary duty to
the issuer, and the issuer must have
adequate time to review that notice.

INDEX
An index is an indicator that is pub-
lished on a periodic basis that shows
the estimated price and/or yield levels
for various groups of securities.

INTEREST
The amount a borrower pays to a
lender for the use of his or her money.

INTEREST RATE RISK
Interest rate risk is the risk that an
investment's value will change due to a
change in the absolute level of interest
rates, spread between two rates, shape
of the yield curve, or any other interest
rate relationship.

INVESTMENT AGREEMENTS
Investment agreements are contracts
with respect to funds deposited by an
investor. Investment agreements are
often separated into those offered by
banks and those offered by insurance
companies. In the former case, they
are sometimes referred to as “bank
investment contracts.”

INVESTMENT OVERSIGHT

COMMITTEE
A committee of three to eleven mem-
bers formed under Section 27131 to
monitor and review a county’s invest-
ment policy by causing an annual audit
and discussing its finding at an open
meeting. Although cities and other
local agencies are not required to com-
pose an investment oversight commit-
tee, the State Legislature has declared
that all local agencies “should par-
ticipate in reviewing the policies that
guide the investment of those funds.”

INSTITUTIONAL ACCOUNT
As defined by the Financial Industry
Regulatory Authority (FINRA), an
institutional account includes one of
the following: (1) a bank, savings and
loan association, insurance company
or registered investment company; (2)
an investment adviser registered either
with the SEC under Section 203 of
the Investment Advisers Act or with
a state securities commission (or any
agency or office performing like func-
tions); or (3) any other person (wheth-
er a natural person, corporation, part-
nership, trust or otherwise) with total
assets of at least $50 million. L
LIBOR
Acronym for “London Interbank
Offered Rate,” which represented
the average rate at which a leading
bank can obtain unsecured funding
in the London interbank market.

LIBOR served as a benchmark for
various interest rates. Obligations of
parties to such transactions are typi-
cally expressed as a spread to LIBOR.

In response to concerns that the
benchmark was being manipulated,
the publication for one-week and
LOCAL AGENCY INVESTMENT GUIDELINES 123
two-month LIBOR ceased at the end
of 2021 and the remaining tenors of
LIBOR ceased after June 30, 2023.

LIQUIDITY
The measure of the ability to convert
an instrument to cash on a given date
at full face or par value.

LIQUIDITY RISK
The risk that a security, sold prior to
maturity, will be sold at a loss of value.

For a local agency, the liquidity risk of
an individual investment may not be as
critical as how the overall liquidity of
the portfolio allows the agency to meet
its cash needs.

LOCAL AGENCY

INVESTMENT FUND
A voluntary investment fund open
to government entities and certain
non-profit organizations in Cali-
fornia that is managed by the State
Treasurer’s Office.

LOCAL GOVERNMENT

INVESTMENT POOL (LGIP)
Investment pools that range from the
State Treasurer’s Office Local Agency
Investment Fund (LAIF) to county
pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to
money market mutual funds. M

MARKET RISK
The chance that the value of a security
will decline as interest rates rise. In
general, as interest rates fall, prices of
fixed income securities rise. Similarly,
as interest rates rise, prices fall. Market
risk also is referred to as systematic
risk or risk that affects all securities
within an asset class similarly.

MARKET VALUE
The price at which a security is trading
and presumably could be purchased or
sold at a particular point in time.

MATURITY
The date on which the principal or
stated value of an investment becomes
due and payable.

MEDIUM-TERM NOTE
Corporate or depository institution
debt securities meeting certain mini-
mum quality standards (as specified
in the California Government Code)
with a remaining maturity of five
years or less.

MONEY MARKET

MUTUAL FUNDS
MMF’s are mutual funds that invest
exclusively in short-term money
market instruments. MMF’s seek the
preservation of capital as a primary
goal while maintaining a high degree
of liquidity and providing income
representative of the market for shortterm investments.

MORTGAGE BACKED SECURITIES
Mortgage-backed securities (MBS) are
created when a mortgagee or a pur-
chaser of residential real estate mort-
gages creates a pool of mortgages and
markets undivided interests or par-
ticipations in the pool. MBS owners
receive a prorata share of the interest
and principal cash flows (net of fees)
that are “passed through” from the
pool of mortgages. MBS are complex
securities whose cash flow is deter-
mined by the characteristics of the
mortgages that are pooled together.

Investors in MBS face prepayment
risk associated with the option of the
underlying mortgagors to pre-pay or
payoff their mortgage. Most MBS are
LOCAL AGENCY INVESTMENT GUIDELINES 124
issued and/or guaranteed by federal
agencies and instrumentalities (e.g.,
Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA), and
Federal Home Loan Mortgage Corporation (FHLMC)).

MORTGAGE PASS-THROUGH

OBLIGATIONS
Securities that are created when
residential mortgages (or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the
mortgages are sold.

MUNICIPAL ADVISOR

RULE (MA RULE)
A regulation of non-dealer "municipal
advisors" such as financial advisors,
swap advisors, GIC brokers, etc. In
addition, the rule pertains to banks
and broker dealers acting as municipal
advisors. Municipal advisors have a
fiduciary responsibility to the government agency receiving their services and they must register with the Securities Exchange Commission (SEC).

Municipal finance professionals that
do not have a fiduciary duty to issuers
cannot provide advice to governments
unless certain exemptions are met. The
SEC has published a list of frequently
asked questions: www.sec.gov/info/
municipal/mun-advisors-faqs.pdf.

MUNICIPAL NOTES, BONDS, AND

OTHER OBLIGATIONS
Obligations issued by state and local
governments to finance capital and
operating expenses.

MUTUAL FUNDS
An investment company that pools
money and can invest in a variety of
securities, including fixed-income securities and money market instruments.

NET ASSET VALUE
Net asset value (NAV) is a term used in
the mutual fund industry to determine
the average price per share of a pool or
mutual fund. How this measure varies over time provides information on whether the pool is stable or variable.

NAV is the market value of all securities in a mutual fund, less the value of the fund’s liabilities, divided by the
number of shares in the fund outstanding. Shares of mutual funds are purchased at the fund’s offered NAV.

NET PRESENT VALUE
An amount that equates future cash
flows with their value in present terms.

NEW ISSUE
Securities sold during the initial distribution of an issue in a primary offering by the underwriter or underwriting syndicate.

NOTE
A written promise to pay a specified
amount to a certain entity on demand
or on a specified date. Usually bearing
a short-term maturity of a year or less
(though longer maturities are issued—
see “Medium-Term Note”).

LOCAL AGENCY INVESTMENT GUIDELINES 125
O

OPTIONS
An option is a contract that gives the
buyer the right to buy or sell an obliga-
tion at a specified price for a specified
time. Exchange Traded Options are
standardized option contracts that are
actively traded on the Chicago Board
of Exchange on a daily basis whereas
Over-the-Counter Options are traded
directly between the buyer and seller at
agreed upon prices and conditions (the
former type of option is therefore more
liquid than the latter). P

PAR AMOUNT OR PAR VALUE
The principal amount of a note or
bond which must be paid at matu-
rity. Par, also referred to as the “face
amount” of a security, is the principal
value stated on the face of the security.

A par bond is one sold at a price of
100% of its principal amount.

PLACEMENT SERVICE

CERTIFICATES OF DEPOSIT
Certificates of deposit placed with
a private sector entity that assists in
the placement of certificates of de-
posit with eligible financial institu-
tions located in the United States.

PLACEMENT SERVICE DEPOSIT
Deposits at depository institutions
placed by a private sector placement
service entity.

PORTFOLIO
Combined holding of more than one
stock, bond, commodity, real estate
investment, cash equivalent, or other
asset. The purpose of a portfolio is to
reduce risk by diversification.

PREMIUM
Premium means the difference be-
tween the par value of a security and
the cost of the security, when the cost
is above par. Investors pay a premium
to purchase a security when the return
to the investor (yield) is lower than
the stated coupon (interest rate) on
the investment.

PRICE
Price is the amount of monetary con-
sideration required by a willing seller
and a willing buyer to sell an invest-
ment on a particular date.

PRINCIPAL
The face value or par value of a debt
instrument, or the amount of capital
invested in a given security.

PROSPECTUS
A disclosure document that must be
provided to any prospective purchaser
of a new securities offering registered
with the SEC that typically includes
information on the issuer, the issuer’s
business, the proposed use of pro-
ceeds, the experience of the issuer’s
management, and certain certified
financial statements (also known as an
“official statement”).

PRUDENT INVESTOR STANDARD
A standard of conduct where a per-
son acts with care, skill, prudence,
and diligence when investing, re-
investing, purchasing, acquiring,
exchanging, selling, and managing
funds. The test of whether the stan-
dard is being met is if a prudent per-
son acting in such a situation would
engage in similar conduct to ensure
that investments safeguard principal
and maintain liquidity.

LOCAL AGENCY INVESTMENT GUIDELINES 126

PUBLIC BANK
A corporation, organized as either a
nonprofit mutual benefit corporation
or a nonprofit public benefit corpora-
tion for the purpose of engaging in
the commercial banking business or
industrial banking business, that is
wholly owned by a local agency, as
specified, local agencies, or a joint
powers authority. Q

QUALIFIED INSTITUTIONAL
BUYER
Federal regulations define qualified
institutional buyer (QIB) as any of the
following entities, acting for its own
account or the accounts of other QIBs,
that in the aggregate owns and invests
on a discretionary basis at least $100
million in securities of issuers that are
not affiliated with the entity: insurance
company, investment company, small
business investment company, a Rural
Business Investment Company, a plan
(established and maintained by a public
agency) for the benefit of its employees,
employee benefit plan, trust fund (bank
or trust company), business develop-
ment company, 501(c)(3), investment
adviser, and dealer, an institution that
qualifies as an accredited investor. 17
CFR § 230.144A and 230.145 R

REINVESTMENT RISK
The risk that interest rates may be
lower than the yield on a fixed in-
come security when the investor
seeks to reinvest interest income or
repaid principal from the security.

REPURCHASE AGREEMENTS
An agreement of one party (for exam-
ple, a financial institution) to sell secu-
rities to a second party (such as a local
agency) and simultaneous agreement by
the first party to repurchase the securi-
ties at a specified price from the second
party on demand or at a specified date.

REVERSE REPURCHASE

AGREEMENTS
An agreement of one party (for ex-
ample, a financial institution) to
purchase securities at a specified price
from a second party (such as a public
agency) and a simultaneous agreement
by the first party to resell the securities
at a specified price to the second party
on demand or at a specified date.

RISK
The uncertainty of maintaining the
principal or interest associated with an
investment due to a variety of factors.

RULE G-37 OF THE

MUNICIPAL SECURITIES

RULEMAKING BOARD
Federal regulations to sever any con-
nection between the making of politi-
cal contributions and the awarding of
municipal securities business. S

SAFEKEEPING SERVICE
Offers storage and protection of
assets provided by an institution serv-
ing as an agent.

SAFETY
In the context of investing public
funds, safety relates to preserving the
principal of an investment in an in-
vestment portfolio; local agencies
address the concerns of safety by con-
trolling exposure to risks.

LOCAL AGENCY INVESTMENT GUIDELINES 127
SOFR
Acronym for “Secured Overnight
Financing Rate,” which represents a
broad measure of the cost of borrow-
ing cash overnight collateralized by
Treasury securities.

SECURITIES AND EXCHANGE

COMMISSION (SEC)
The federal agency responsible for
supervising and regulating the securi-
ties industry.

SECURITIES LENDING

AGREEMENT
An agreement of one party (for ex-
ample, a local agency) to borrow
securities at a specified price from a
second party (for example, another
local agency) with a simultaneous
agreement by the first party to return
the security at a specified price to the
second party on demand or at a speci-
fied date. These agreements generally
are collateralized and involve a third
party custodian to hold the securities
and collateral. Economically similar to
reverse repurchase agreement.

SETTLEMENT DATE
The date when a trade is final. The
ownership of the security is trans-
ferred to the buyer and the payment
of funds is transferred to the seller.

The date establishes a legal transfer of
ownership.

SUPRANATIONAL INSTITUTIONS
International institutions formed by
two or more governments that tran-
scend boundaries to pursue mutually
beneficial economic or social goals.

There are three supranational institu-
tions that issue obligations that are
eligible investments for California
local agencies: the International Bank
for Reconstruction and Development
(IBRD), International Finance Cor-
poration (IFC), and Inter-American
Development Bank (IADB). T

TAX AND REVENUE ANTICIPATION

NOTES (TRANS)
Notes issued in anticipation of receiv-
ing tax proceeds or other revenues at a
future date.

TOTAL RETURN
Total return includes interest, realized
gains and losses, and unrealized gains
and losses over a given period of time.

TRUSTEE, TRUST COMPANY OR

TRUST DEPARTMENT OF A BANK
A financial institution with powers
to act in a fiduciary capacity for the
benefit of the bondholders in enforc-
ing the terms of the bond contract. U

UNDERWRITER
A dealer that purchases a new issue of
municipal securities for resale.

U.S. TREASURY OBLIGATIONS
Debt obligations of the U.S. Govern-
ment sold by the Treasury Depart-
ment in the forms of bills, notes, and
bonds. Bills are short-term obligations
that mature in one year or less and are
sold at a discount. Notes are obliga-
tions that mature between one year
and ten years. Bonds are long-term
obligations that generally mature in
ten years or more.

LOCAL AGENCY INVESTMENT GUIDELINES 128
W

WEIGHTED AVERAGE

MATURITY (WAM)
The average maturity of all the securities that comprise a portfolio, typically expressed in days or years.

Y
YIELD
The current rate of return on an
investment security generally expressed as a percentage of the securities current price.

YIELD CURVE
A graphic representation that shows
the relationship at a given point in
time between yields and maturity for
bonds that are identical in every way
except maturity.

YIELD-TO-CALL
The rate of return to the investor
earned from payments of principal
and interest, with interest compounded semi-annually at the stated yield when the security is redeemed
on a specified call date. In addition,
if the security is redeemed at a premium call price, the amount of the premium is also reflected in the yield.

YIELD-TO-MATURITY
The rate of return to the investor
earned from payments of principal
and interest, with interest compounded semi-annually at the stated yield as long as the security remains
outstanding until the maturity date.

YIELD-TO-WORST
For a given dollar price on a municipal security, the lowest of the yield calculated to the pricing call, par
option or maturity.

ZERO-COUPON BOND
A bond on which interest is not
payable until maturity (or earlier
redemption), but compounds periodically to accumulate to a stated maturity amount. Zero-interest bonds are typically issued at a discount and
repaid at par upon maturity.

LOCAL AGENCY INVESTMENT GUIDELINES 129
Index of Statutory Changes
Effective 1996 to Present
1995
SB 564 AUTHOR: JOHNSTON SECTION(S): 53646
Summary of Changes: Requires treasurers to produce an annual investment policy and provide detailed quarterly investment reports.

SB 866 AUTHOR: CRAVEN SECTION(S): 53601, 53635
AND 53859.02
Summary of Changes: Authorizes the County Board of Supervisors to delegate investment authority to the County Treasurer and requires board to establish a treasury oversight committee (with specific membership requirements). Requires delivery of securities by book entry, physical delivery or third-party custodial agreement. Specifies funds invested for repayment of notes cannot exceed the term of the notes. Lastly, sets requirements for those elected or appointed to county auditor, director of finance and county treasurer. 1996
SB 864 AUTHOR: CRAVEN

AND KILLEA
SECTION(S): 27000.7,
27131, 27132.1, 27132.2,
27132.3, 27136, 53601,
53601.6, 53635 AND
53646
Summary of Changes: Restricts campaign contributions by members of county oversight committees, relaxes restrictions on repurchase agreements, increases the amount of portfolio concentration for investment in mutual funds, and allows for greater use of account statements in quarterly investment reports. 1997
No changes
LOCAL AGENCY INVESTMENT GUIDELINES 130
1998
SB 1793 AUTHOR: GREENE SECTION(S): 53601
AND 53635
Summary of Changes: Authorizes that where there is a percentage limitation for a particular investment, that percentage is applicable only at the date of purchase. In addition, investments in repurchase agreements are considered to be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day.
1999
AB 323 AUTHOR: BALDWIN SECTION(S): 27132.3
Summary of Changes: Prohibits a member of an oversight committee from securing employment with a financial service company that does business with the committee’s county treasurer for one year after leaving the committee.

AB 343 AUTHOR: CAMPBELL SECTION(S): 53635.7,
53601.2 AND 53635.2
Summary of Changes: Authorizes counties to increase the amount of commercial paper (CP) held in their portfolios from 15% to 40%, removes the 31-day dollar-weighted maturity requirement for purchases above the original 15%, limits CP investments with any single issuing corporation to 10% of the county’s surplus money, and clarifies that “borrowing” does not include bank overdrafts.

AB 530 AUTHOR: PAPAN SECTION(S): 53601
AND 53635
Summary of Changes: Authorizes local governments to enter into securities lending agreements provided they meet the same statutory requirements as reverse-repurchase agreements. No more than 20% of the investment portfolio may be comprised of securities lending agreements.

AB 1679 AUTHOR: ASSEMBLY LOCAL

GOVERNMENT COMMITTEE
SECTION(S): 53601
AND 53635
Summary of Changes: Amends the definition of medium-term notes, specifying that these instruments shall have a remaining maximum maturity of 5 years or less. It also emphasizes that purchases of medium-term notes shall not include other investment instruments allowable under current state law.

LOCAL AGENCY INVESTMENT GUIDELINES 131
2000
AB 2220 AUTHOR: BATTIN SECTION(S): 53601,
53601.2, 53635 AND
53635.2
Summary of Changes: Revises the maximum maturity for bankers acceptances from 270 to 180 days, and prime quality commercial paper from 180 to 270 days.

AB 2539 AUTHOR: ASSEMBLY

JUDICIARY COMMITTEE
SECTION(S): 53601 AND
53635
Summary of Changes: Non-substantive, technical changes including punctuation. 2001
AB 609 AUTHOR: KELLEY SECTION(S): 53601,
53601.5, 53601.6 AND
53635
Summary of Changes: Authorizes local agencies to invest non surplus money in a sinking fund provided that the money is not required for immediate needs.

The bill also revises the definition of commercial paper and prohibits the legislative body of a local agency and the treasurer or other official having custody of the county’s money from investing in negotiable certificates of deposit of a state or federal credit union if a member of the legislative body or any other specified city officer or employee also serves on the board of directors or certain committees of that credit union. 2002
AB 2182 AUTHOR: CAMPBELL SECTION(S): 53601.7
Summary of Changes: Authorizes a county or city and county to invest in high quality money market funds (direct obligations of the United States Treasury or any other obligation guaranteed as to principal and interest by the United States government, bonds, notes, debentures, or other obligations of, or securities issued by, any federal government agency, instrumentality, or government-sponsored enterprise, and state treasury notes, bonds, or registered state warrants).

AB 3034 AUTHOR: ASSEMBLY

JUDICIARY COMMITTEE
SECTION(S): 53601
Summary of Changes: Non-substantive, technical changes consisting of grammatical and other errors without substantively changing the law.

LOCAL AGENCY INVESTMENT GUIDELINES 132
SB 1326 AUTHOR: SENATE LOCAL

GOVERNMENT COMMITTEE
SECTION(S): 53601, 53635
AND 53646
Summary of Changes: Renames the California Debt and Investment Advisory Commission (CDIAC), deletes a requirement to select a vice-chair and secretary, and requires, by May 1, 2006, a specified report to the Legislature. The bill makes related changes in provisions relating to municipal investments. 2003
SB 787 AUTHOR: BATTIN SECTION(S): 53601 AND
53635
Summary of Changes: Authorizes local agencies to purchase asset-backed commercial paper of prime quality to be of the highest ranking as provided by a nationally recognized statistical-rating organization and that the entity issuing the commercial paper must meet certain conditions as stated in 53601 (g). 2004
AB 969 AUTHOR: CORREA SECTION(S): 53601
Summary of Changes: Authorizes a local agency that has surplus money or a sinking fund in its treasury to invest that money in shares of beneficial interest issued by a JPA. In addition, the bill requires a JPA issuing the shares to retain an investment advisor that meets specified criteria.
2005
No changes
2006
AB 1794 AUTHOR: DEVORE SECTION(S): 53635 AND
53601.7
Summary of Changes: Extends the sunset date to January 1, 2011 for local agencies to invest in short-term unsecured promissory notes issued by corporations for maturities of 270 days or less, and amends statue to state that no more than 10% of the total assets of the investments that a local entity makes may be invested in any one issuer’s commercial paper.

AB 2011 AUTHOR: VARGAS SECTION(S): 53601.8 AND
53635.8
Summary of Changes: The bill authorizes the investment of up to 30% of surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit under specified conditions, until January 1, 2012.

LOCAL AGENCY INVESTMENT GUIDELINES 133
2007
AB 1745 AUTHOR: ASSEMBLY

REVENUE AND TAXATION

COMMITTEE
SECTION(S): 53601
Summary of Changes: This bill authorizes local agencies to invest in registered treasury notes and bonds issued by any of the 50 states. 2008
SB 1124 AUTHOR: SENATE LOCAL

GOVERNMENT COMMITTEE
SECTION(S): 53601, 53635
AND 53635.8
Summary of Changes: Repeals the requirement for local governments to provide annual statements of investment policies, and quarterly investment reports to the CDIAC. In addition, the bill corrects various incorrect statutory crossreferences regarding local agency investments.

SB 1498 AUTHOR: SENATE JUDICIARY

COMMITTEE
SECTION(S): 53601
Summary of Changes: Non-substantive, technical changes consisting mostly of punctuation, correcting spelling errors, updating words, i.e., may to shall, any to a, money to moneys, and use of acronym for Nationally Recognized Statistical Rating Organization.

SB 344 AUTHOR: MACHADO SECTION(S): 5925
Summary of Changes: Authorizes state and local governments to repurchase or acquire instruments and outstanding bonds issued by or on their behalf. 2009
SB 113 AUTHOR: SENATE LOCAL

GOVERNMENT COMMITTEE
SECTION(S): 53601.6,
53601.8 AND 53646
Summary of Changes: Corrects an incorrect cross reference for local agency investments in certificates of deposits and repeals requirement to submit a statement of investment policy to the CDIAC. 2010
SB 1330 AUTHOR: SENATE JUDICIARY

COMMITTEE
SECTION(S): 53601
Summary of Changes: Non-substantive, technical changes consisting of changes to references within 53601 due to re-numeration of subsections of 53601 and changing the word subdivision to subdivisions.

LOCAL AGENCY INVESTMENT GUIDELINES 134
SB 1344 AUTHOR: KEHOE SECTION(S): 53601.8
AND 53635.8
Summary of Changes: Deletes the sunset date associated with the authorization for local agencies to investment up to 30% of their surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit.
2011
SB 194 AUTHOR: SENATE

GOVERNANCE AND

FINANCE COMMITTEE
SECTION(S): 53601
Summary of Changes: Authorizes local agencies to invest in negotiable certificates of deposit issued by a federally licensed branch of a foreign bank. 2012
SB 1033 AUTHOR: SENATE BUDGET

AND FISCAL REVIEW

COMMITTEE
SECTION(S): 16340
Summary of Changes: Establishes the Voluntary Investment Program Fund within the State Treasury for the receipt of voluntary deposits from local entities. 2013
AB 279 AUTHOR: DICKINSON SECTION(S): 53601.8
AND 53635.8
Summary of Changes: Authorizes local agencies to invest up to 30% of their surplus funds in deposits at a commercial or savings bank, savings and loan, or credit union using a private sector deposit placement service until January 1, 2017.
2014
AB 1933 AUTHOR: LEVINE SECTION(S): 53601
Summary of Changes: Authorizes local agencies to invest in United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by certain banks (supranationals), and would require these investments to be rated “AA” or better and to not exceed 30% of the agency’s moneys that may be invested.

LOCAL AGENCY INVESTMENT GUIDELINES 135
AB 2298 AUTHOR: RODRIGUEZ SECTION(S): 53663
Summary of Changes: Authorizes state chartered financial institutions that maintain local agency deposits to submit their weekly reports to the Administrator of Local Agency Security of the State of California electronically via email or other electronic means approved by the administrator. 2015
AB 283 AUTHOR: DABABNEH SECTION(S): 53601.8 AND
53635.8
Summary of Changes: Extends the authority to use a private sector entity to assist placing deposits to January 1, 2021; allows local agencies to invest up to 30% of its surplus funds in placement service certificates of deposit (CDs) and 30% in negotiable certificates of deposit; and enables a local agency to invest up to 30% with the same deposit placement service provider. Upon the sunset date of January 1, 2021, a public agency may no longer use a placement service provider to place deposits; however, the private entity would be able to assist a local agency with the placement of CDs.
2016
SB 974 AUTHOR: SENATE LOCAL

GOVERNMENT COMMITTEE
SECTION(S): 53601
Summary of Changes: Clarifies and amends the statutory rating requirements contained in Government Code 53601. Specifically rating requirements now refer to a rating category which is inclusive of any rating modifiers such as “+”/”-“ or numbers and to include equivalent ratings from Nationally Recognized Statistical Rating Organizations (NRSRO). The specific sections of code that are amended are Government Code Sections 53601(h)(1)(C) Commercial Paper, 53601(k) Medium Term Notes, 53601(o) Mortgage Passthrough Securities, and 53601(q) Supranationals. 2017
No changes
2018
AB 1770 AUTHOR: STEINORTH SECTION(S): 53601(O)
Summary of Changes: Clarifies the statutory maximum remaining maturity requirement of five years applies to all asset-backed securities enumerated in this subdivision and eliminates the issuer rating requirement.

LOCAL AGENCY INVESTMENT GUIDELINES 136
2019
AB 857 AUTHOR: CHIU SECTION(S): 53601(R),
53635(C) AND 53635.2
Summary of Changes: Adds to Government Code 53601: “(r) Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.” In addition, Government Code 53635 is amended by the addition of “(c) A local agency subject to this section may invest in commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.” Lastly, Government Code 53635.2 is amended to add public banks to the list of depository institutions.

AB 945 AUTHOR: MCCARTY SECTION(S): 53601.8
AND 53635.8
Summary of Changes: Amends a local agency’s authorization to invest and deposit surplus funds in deposits, certificates of deposit or another form, at specified types of financial institutions. Beginning January 1, 2020, until January 1, 2026, the percentage of surplus funds that can be invested by a city, district, or other local agency that does not pool money in deposits or investments with other local agencies with a different governing body increases to 50%. On and after January 1, 2026, the portfolio limitation of cities, districts, and agencies returns to 30% of the agency’s surplus funds.
2020
SB 998 AUTHOR: MOORLACH SECTION(S): 53601(H),
53601(K) AND 53601.6
Summary of Changes: Amends the authorization of local agencies, other than counties or a city and county pursuant to subdivision (a) of Section 53635, to invest no more than 10% of its total investment assets in commercial paper and the medium-term notes of any single issuer. Authorizes federally recognized Indian tribes in California to invest in JPA investment pools. Beginning January 1, 2021, until January 1, 2026, local agencies that have $100 million or more of investment assets, are authorized to invest up to 40% of their moneys in eligible commercial paper. Also, beginning January 1, 2021, until January 1, 2026, local agencies are authorized to invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. Local agencies are authorized to hold these instruments until their maturity dates. On and after January 1, 2026, the portfolio limitation of local agencies authorized under 53601(h) returns to 25% of eligible commercial paper and local agencies are no longer permitted to invest any funds in securities that could result in zero interest accrual if held to maturity. 2021
No changes
LOCAL AGENCY INVESTMENT GUIDELINES 137
2022
SB 1489 AUTHOR: SENATE

GOVERNANCE AND

FINANCE COMMITTEE
SECTION(S): 53601
AND 53646
Summary of Changes: Amends an investment’s term or remaining maturity to be measured from the settlement forward date to final maturity. A security purchased pursuant to 53601 is prohibited from having a settlement date exceeding 45 days from the time of investment. In addition, Government Code 53646 is amended to extend the time that the treasurer or chief fiscal officer has to render a quarterly report to the chief executive officer, the internal auditor, and the legislative body of the local agency by 15 days, from 30 to 45, following the end of the quarter. 2023
SB 822 AUTHOR: SENATE

GOVERNANCE AND

FINANCE COMMITTEE
SECTION(S): 53601(O)
AND 27000.7
Summary of Changes: Clarifies that privately backed securities, which include a mortgage passthrough security, collateralized mortgage obligation, mortgagebacked or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond, are permissible investments by local agencies. The security must be rated in a rating category of “AA” or its equivalent or better by an NRSRO, have a maximum remaining maturity of five years or less, and purchased securities shall not exceed 20% of the agency’s surplus moneys. Security types identified in Section 53601(o) that are issued or backed by an issuer identified in subdivisions (b) & (f) are not subject to the limitations on privately issued securities authorized in Section 53601(o)(2)(A)(B). Furthermore, Government Code 27000.7 is amended to eliminate the requirement for the offices of county treasurer, county tax collector, or county treasurer-tax collector to have a valid certificate issued by the Treasury Management Association.

LOCAL AGENCY INVESTMENT GUIDELINES 138
B
BOND PROCEEDS, GC Section 53601(m), 19
BUY AND HOLD STRATEGY, 11
C

CASH FLOW
Liquidity certification, GC Section 53646(b)(3), 38–39

COMPLIANCE
GC Section 53601, 16–17
Portfolio concentration, 17

COUNTY POOLS
Cash flow projections, 38–39
Voluntary depositors, 9
D
DURATION, 40–42
G
GAN PROCEEDS, 29

GOVERNMENT CODE SECTIONS
5925 Acquisition of Bonds, 12
16340 Voluntary Investment Program Fund, 11–14
16429.1 Local Agency Investment Fund (LAIF), 11, 13
27000.3 County Treasurer, prudent investor, 10
27000.5 County Treasurer, objectives, 10
27131 Oversight Committees, establishment, 45–47
27132 Oversight Committees, membership, 45, 47–49
Index
LOCAL AGENCY INVESTMENT GUIDELINES 139
27132.4 Oversight Committees, open meetings, 45
27133 Oversight Committees, review and oversight, 6–7
27134 Oversight Committees, audits by, 48
27137 Oversight Committees, involvement, 48
53600.3 Investment of Surplus, prudent investor, 10, 30, 32 53600.5 Investment of Surplus, objectives, 10, 32
53601 Investment of Surplus, authorized investments, 10–26 53601.1 Investment of Surplus, authorized investments, 32 53601.6 Investment of Surplus, prohibited investments, 11–12, 20–21 53601.8 Investment of Surplus, certificates of deposit placement, 11–15 53607 Transactions Reporting, 34–37
53608 Investment of Surplus, deposit of securities, 29–30 53635 Deposit of Funds, investments, 11–14
53635.2 Deposit of Funds, money in custody of local agency, 11, 15–16 53635.8 Deposit of Funds, certificates of deposit placement, 11–15 53638 Deposit of Funds, maximum deposits, 11
53646 Deposit of Funds, policy statement, 34–36, 38–39, 43 53684 Deposit of Funds, investment by county treasurer, 11 53821.5 Tax and Revenue Anticipation Notes, 29
53841.5 Tax and Revenue Anticipation Notes, 29
53852.5 Tax and Revenue Anticipation Notes, 29
53859.02 Grant Anticipation Notes, 29
I
INVESTMENT ADVISORS/MANAGERS, 30–31

INVESTMENT INSTRUMENT TYPES
Bankers’ acceptances, 11, 13–14
California local agency obligations, 13
Certificates of deposit (negotiable, non-negotiable
and placement service), 11, 13–14
Collateralized bank deposits, 11, 13–14
Commercial paper, 13–14, 24, 35
Corporate, GC Section 53601(k), 23–24
County pooled investment funds, 13
Derivatives, 20
Joint Powers Authority pool, 13–14
Local agency bonds, 13
Local Agency Investment Fund (LAIF), 13, 28, 34–37
Medium-term notes, GC Section 53601(k), 13–14, 23–24
Mortgage pass-through securities, 13–4
Mutual funds and money market mutual funds, 13–14, 27–28 Placement service deposits, 13–14
Repurchase agreements, 11, 13
Reverse repurchase agreements and securities lending agreements, GC Section 53601(l), 13–14, 25–26
SEC rule 2a-7 allowable investments, 13–14, 28
LOCAL AGENCY INVESTMENT GUIDELINES 140
State of California obligations, 13, 25
Supranational obligations, 13–14, 22
U.S. Agencies (GSES), GC Section 53601(f), 13, 20–21
U.S. Treasury obligations, 13
Voluntary Investment Program Fund, GC Section 16340, 13–14

INVESTMENT POLICY
Bond proceeds, GC Section 53601(m), 19
Contents of, GC Section 27133, 7–8
Market risk measures, 40–42
Oversight committees, 5–6, 45–49
Purpose of, 5
Rendering to legislative/governing body, 5–7
Statutory requirements—county, GC Section 53646(a)(1), 5–6 Statutory requirements—other local agencies, GC Section 53646(a)(2), 5–6 Update/review frequency, 6–7
INVESTMENT PORTFOLIO REPORT, GC Section 53646
Contents of, GC Section 53646(b)(1–4), 35–39
Dollar amount, 35
Legislative/governing body, GC Section 53646(b), 43–44
Liquidity certification, GC Section 53646(b)(3), 39
Market risk measures, 40–42
Market value in, 37–38
Transactions reporting, GC Section 53607, 34–37
45-day requirement, GC Section 53646(b), 43–44
L

LEGISLATIVE/GOVERNING BODY
Approval or action by, 42
Investment policy, 5–8
Investment portfolio report, GC Section 53646(b), 34–38 Oversight committee, 43, 48–49
Statutory definition, GC Section 27000.3, 10
M
MUNICIPAL ADVISOR RULE, 19–20
O

OVERSIGHT COMMITTEES
For non-county agencies, 48–49
Function of, GC Section 27131 and 27132, 45–48
Investment policy, 5–7
LOCAL AGENCY INVESTMENT GUIDELINES 141
Investment report, 43–44
Members of (including Treasurer), GC Section 27131(a), 45-47 Statutory requirements, 45–47
P
PENSION FUNDS, 8
PROHIBITED INVESTMENTS, 11–12

PRUDENT INVESTOR STANDARD
Statutorily defined, GC Section 53600.3, 10
R
RISK, 10–11
Credit/default, 10–11
Duration, 40–42
Liquidity, 10–11, 38–39
Market or interest rate, 40
Measures of (WAM and duration), 40-42
S
SAFEKEEPING, 29–30
SAFETY, LIQUIDITY, YIELD, GC Section 27000.5 and 53600.5, 10–11 SEC 15 U.S. CODE SECTION 80A-I,
INVESTMENT COMPANY ACT OF 1940, 12, 27–28
SUPRANATIONAL SECURITIES, GC SECTION 53601(Q), 13–14, 22 T
TRAN PROCEEDS, 29
U
U.S. CODE SECTION 2906 OF TITLE 12,
COMMUNITY REINVESTMENT ACT OF 1977, 15–16
W
WEIGHTED AVERAGE MATURITY (WAM), 40–41
901 P Street, Room 142
Sacramento, CA 95814
phone: (916) 653-3269
fax: (916) 654-7440
e-mail: [email protected]
www.treasurer.ca.gov/cdiac
Item No. 14.

CITY COUNCIL AGENDA – MARCH 5, 2024
SUBJECT: Consideration of a Tentative Parcel Map and Conditional Use Permit (PRC No. 21-2028-C) to Authorize Development of a Convenience Store Including an Automobile Service Station and Off-sale Beer and Wine Licensing
SOURCE: Community Development
BACKGROUND: n/a
COMMENT: The applicant proposes to subdivide the existing 8.52± acre parcel (Tulare County APN 243-190-018) into four parcels ranging from 0.86 acre to 3.94 acres for commercial development. At this time, the applicant only proposes development on Parcel 3, the southwestern parcel to be created.

The proposed development consists of a 7,200-sf commercial building for a convenience store, including off-sale beer and wine sales with a drive-thru facility. A service station with ten (10) multi-product fuel dispensers would be located along the North Grand Avenue frontage just south of the store.

Both service stations and uses involving the sale of alcohol are subject to approval of a conditional use permit. The request for alcohol sales is consistent with a Type 20 (Off sale Beer and Wine) license, subject to issuance by the California Department of Alcoholic Beverage Control (ABC).

If the CUP is approved, any future changes to the approved site plan and/or operation would require approval by the City Council. In the event that conditions of approval are violated, the City Council may modify or revoke this CUP at its discretion as outlined in Porterville Development Ordinance Section 601.10, Revocation of Approvals.

ANALYSIS: The site is designated CR (Retail Centers) by the General Plan Land Use Element and is zoned CR (Retail Centers). This designation and zone are intended to provide for a wide variety of commercial uses. The proposed project, including a convenience store, food and beverage retail sales, alcohol sales, and retail gasoline sales would suit the purpose of the zone designation. The convenience store is a permitted use in the CR Zone, and both alcohol sales and the service station may be permitted in that zone with approval of the requested conditional use permit. It is not anticipated that this use would have a negative impact on the surrounding properties.

Conditions of approval are in place to protect the public safety and interest.

Item No. 14.

The project also proposes to subdivide the property into four parcels. The division of property would be required to comply to the development standards for the CR zone district, Development Ordinance Series 400, and the California Subdivision Map Act.

The applicant is conditioned to operate the establishment in such a manner as to preserve the public safety, health, and welfare, to prevent the use from becoming a nuisance and to operate the business in compliance with all laws, ordinances and regulations regarding the sale of alcohol. Furthermore, at all times the facility shall be operated and maintained to comply with State laws, the City of Porterville Development Ordinance, adopted Building Codes, and all other applicable laws and ordinances.

Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:

A. Approval of 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. The project will further the following General Plan 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.
• ED-G-2: Retain, improve, and promote existing businesses in Porterville.
• ED-G-5: Retain existing local businesses and foster local startups. • ED-G-7: Create an image for Porterville that will attract and retain economic activity.

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conform in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council. Within the CR Zone District, the proposed use of a convenience store with alcohol sales and a service station is a permitted use with approval of a CUP and is consistent with the General Plan.

The California Department of Alcoholic Beverage Control allows a specific number of licenses per census tract population. Census Tract 35.04 allows four (4) on-sale and five (5) off-sale alcohol licenses. Currently this Census Tract contains four (4) on-sale and five (5) off-sale. At the time of the application, there is not an over-concentration of alcohol licenses, but with approval of this application it will exceed the allowable by one license for Item No. 14.
the off-sale allowable licenses and a letter of public convenience or necessity will be required.

ENVIRONMENTAL
REVIEW:

On January 26, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15315, Minor Land Divisions for the tentative parcel map and 15303, New Construction or Conversion of Small Structures for development of the commercial use.

Any future development of the remaining parcels will be subject to full review under CEQA.

If the City Council approves the project, staff will file a notice of exemption with the Tulare County Clerk and the State Clearinghouse.

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing to receive public comments; and

2. Adopt the draft resolution approving the tentative parcel map and the conditional use permit (PRC 2021-028-C) subject to conditions of approval.

3. Authorize the Mayor to sign the Letter of Public Convenience and Necessity
ATTACHMENTS: 1. Locator Map

2. Site Plan

3. Existing License in Census Tract 35.04

4. Draft Resolution Northgrand TPM & CUP

5. Letter of Public Convenience and Necessity
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
COBB
ST

WESTSIDE ST
LOWERY
ST

LINDA VISTA
BAKER
AVE

MERRILL AVE

CASTLE AVE

LINDA VISTA AVE

MASTON ST

DOUGLAS ST

PROSPECT ST
|ÿ65

NORTH GRAND AVE

MAIN ST
Locator Map
PRC 2021-028
North Grand
Commercial Complex
Date Printed: 8/20/2021 by the Community Development Department 1 in = 500 feet
±
Project Location
City Limits
SCALE: 1" - 20'

PROPOSED SITE PLAN

PROPOSED USE

STATISTICS
7200 SQ FT
NO

PARKING
C OF NORTH GRAND AVE. L
661.328.9600
[email protected]
561 NORTH AMERICAN ST.

SHAFTER, CA 93263
MARC A PASQUINI RCE 46079

PASQUINI

ENGINEERING
INC. C OF DOUGLAS ST. L

PARKING TABULATION

ZONING CR

CLEAN IR

VEHICL CLEAN IRVEHICL CLEAN IRVEHICL

Page 1 of 17 ends

RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF TENTATIVE PARCEL MAP NO. 2024-001 AND CONDITIONAL USE PERMIT (PRC 2021-028-C),

AUTHORIZING THE DEVELOPMENT OF A COMMERCIAL TENTATIVE PARCEL

MAP PROPOSING LOTS WITHOUT STREET FRONTAGE, DEVELOPMENT OF A SERVICE STATION AND THE SALE OF ALCOHOL UNDER A TYPE 20 OFF-SALE (BEER AND WINE) ALCOHOL IN CONJUCTION WITH A CONVENIENCE STORE

LOCATED AT THE NORTHEAST CORNER OF NORTHGRAND AVENUE AND DOUGLAS STREET.

WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of March 5, 2024, conducted a public hearing to consider Tentative Parcel Map No. 2024-001 and Conditional Use Permit (PRC 2021-028-C), which proposes to divide Assessor’s Parcel Number 243-190-018, containing a total of 8.52± acre (333,884.58SF) lot, into four parcels; WHEREAS: On February 23, 2024, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for March 5, 2024, and similar notices were sent to owners of property within 500 feet radius of the site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: Tentative Parcel Map No. 2024-001, which proposes to divide Assessor’s Parcel Number 243-190-018, containing a total of 8.52± acre (333,884.58SF) lot, into four parcels, with Parcel 2 of the tentative parcel map does not have frontage on a public street, said frontage required pursuant to Porterville Development Ordinance (PDO) Section 407.03(h)(4); Parcel 1 Parcel 2 Parcel 3 Parcel 4
37,686.03 SF 49,070.13 SF 75,270.59 SF 171,857.83 SF
WHEREAS: PDO Section 400.05 provides an avenue by which the City Council, upon making necessary findings, may vary the requirements for land division applications by approval of a Conditional Use Permit; and
WHEREAS: Conditional Use Permit (PRC 2021-028-C) to allow the approval of a tentative map consisting of a lot without a street frontage, development of a Service Station and the sale of alcohol under a Type 20 Off-Sale (Beer and Wine) alcohol license in conjunction with a convenience store located at the NEC of Northgrand Avenue and Douglas Street; and WHEREAS: On January 29, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines 15315 Minor Land Division for the land division, said preliminary determination based on the requisite criteria and substantiated in the record:

Resolution No. ____-2024

Page 2 of 17 ends

1. The project consists of a division of property in urbanized areas zoned for commercial use into four or fewer parcels;

2. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;

3. The site can be adequately served by all required utilities and public services; and

4. The parcel was not involved in a division of a larger parcel within the previous 2 years.

WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Conditional Use Permit and said Tentative Parcel Map; and WHEREAS: The City Council made the following findings pursuant to PDO Section 400.05, the evidence for said findings substantiated in the record:

1. There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

2. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3. That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated;

4. That the exception is appropriate for the proper design and/or function of the subdivision; and

5. That the granting of the exception is consistent with the General Plan.

WHEREAS: The City Council made the following findings pursuant to PDO Section 400.04, the evidence for said findings substantiated in the record:

1. That the proposed map is consistent with the general plan.

2. That the design or improvement of the proposed subdivision is consistent with the general plan.

3. That the site is physically suitable for the type of development.

4. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

5. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

6. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

WHEREAS: On January 29, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality act per CEQA Guidelines Section 15303 New Construction or Conversion of Small Structures; and Resolution No. ____-2024

Page 3 of 17 ends

WHEREAS: The City Council of the City of Porterville authorized the Mayor to sign the Letter of Public Convenience or Necessity due to the over-concentration of alcohol licenses within Census Tract 35.04; and
WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Conditional Use Permit; and WHEREAS: The City Council made the following findings:

1. 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. • LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city.
• 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.

The subject site is consistent with the General Plan Land Use Designation and Zoning Standards for CR (Retail Centers). The CR designation is intended to maintain a full range of retail uses. The proposed convenience store with alcohol sales would suit the purpose of the zone designation. The convenience store is a permitted use in the CR Zone, and alcohol sales may be permitted in that zone with the requested Conditional Use Permit.

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

1. The project is exempt from CEQA pursuant to CEQA Guidelines Section 15315, Minor Land Division and Section 15303 New Construction or Conversion of Small Structures; and

2. Tentative Parcel Map No. 2024-001 is hereby approved subject to the conditions; and

3. The Conditional Use Permit (PRC 2021-028-C) allowing for creation of lots without street frontage, service station and CUP for type 20 Off-Sale alcohol license is hereby approved subject to the following conditions:
a. Tentative Parcel Map No. 2024-001 shall be valid for a period of 24 months from the date of its conditional approval. Extensions to this period may be requested pursuant to Section 66453.3 of the Subdivision Map Act. Prior to expiration of the tentative map, the subdivider may submit a final parcel map prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.

Resolution No. ____-2024

Page 4 of 17 ends

b. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal.
c. The developer/applicant shall record easements for ingress, egress, parking and public utilities between divided parcels.
d. The developer/applicant shall install improvements consistent with comments received as part of PRC 2021-028 and/or any subsequent review of the map and development pursuant to PRC 2021-028.
e. Prior to recording the final parcel map, the developer/applicant shall provide easements, permits, calculations, etc., if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the development (e.g., water, sewer, drainage, "turn arounds", etc.). If the City Engineer determines that construction of improvements is needed to protect public health and safety or for orderly development of the surrounding area, the developer/applicant shall construct or provide a surety for said improvements. f. Prior to recording the Final Parcel Map, the developer/applicant shall provide improvements by the method indicated below:
• Simultaneous recording of a separate legal instrument or placement of a statement on the Parcel Map, if appropriate, that reads as follows:
"In accordance with Section 66411.1 of the Government Code, the construction of on-site and off-site improvements, such as but not limited to, curbs, gutters, sidewalks, paveouts, pavement transitions, traffic signage and markings, median islands, utilities, grading, parking lot improvements, well abandonment (if any), removal of irrigation lines (if any), etc. has been deferred until such time as a permit or other grant of approval for development of the parcel is issued. Such construction may be phased when only a portion of the parcels shown herein receive such approval. The phased construction shall consist of all improvements related to the specific parcels plus those required to make the installed improvements function."
g. The dedication of easements or any other potential dedications shall be clearly identified on the Final Parcel Map. A Dedications Statement shall be placed on the map that reads:
"Pursuant to the authority conferred by the City of Porterville, Ordinance No. 1590, adopted February 20, 2001, the undersigned, on behalf of the Public and City Council of the City of Porterville consents to the acceptance and recordation of the dedication(s) as shown on this map.

Dated this ________________day of _______ , 20_
By Daniel Cervantez, City Engineer, RCE 75530
Resolution No. ____-2024

Page 5 of 17 ends

h. The final Parcel Map shall clearly identify a City Surveyor’s statement for compliance with Chapter 2, Division 2, Title 7 of the Government Code. The statement shall read:
“I hereby state that I have examined this map, and I am satisfied that it is technically correct, and that the subdivision as shown is substantially the same as it appeared on the approved Tentative Map, and that all of the provisions of the Chapter 2, Division 2, Title 7 of the Government Code and any Local Ordinance applicable to the time of approval of the tentative map, have been complied with.

Dated this day of , 20_
By Dee Jaspar, RCE 23042

4. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction, and Standard Plans and Specifications, except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.

5. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a). You have 90 days from the date fees are paid to file a written protest.

6. The developer/applicant shall comply with Appendix J, “Grading” of the current California Building Code, including provision of a grading and drainage plan signed by a licensed civil engineer or architect. The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.

7. The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). No existing storm drain facilities are in the vicinity so all runoff must be contained onsite, unless the developer/applicant constructs a City proposed drainage basin area available south of North Grand Avenue. A minimum amount of runoff must be contained onsite per the State’s MS4 requirements. The parking lot is to be designed to convey water to the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.

8. The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage, except where they exist and are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Resolution No. ____-2024

Page 6 of 17 ends

Engineer (Ord. No. 1306). An accessible path of travel across the proposed drive approaches serving the property must be provided per the City’s major commercial driveway standard plan. Driveway access/turn movements along North Grand Avenue may be impacted by future street improvements and/or traffic impacts caused by other development. The south edge of the southernmost drive approach along Douglas Street shall be at least 100’ away from the north curb face of North Grand Avenue to account for vehicle stacking.

9. The developer/applicant shall comply with driveway vehicular sight distance requirements per Section 300.16 of the Development Ordinance and driveway separation from property line per City standards.

10. The developer/applicant shall design the parking lot in conformance with Chapter 304 of the Development Ordinance if the project includes establishment, alteration, expansion, or change in any use or structure. Minimum cross slopes within the parking lot shall be 1.5% for asphalt concrete or 1% for concrete paving areas.

11. The developer/applicant shall, under City inspection, remove all existing abandoned and unnecessary items, to the satisfaction of the City Engineer, before the issuance of a certificate of occupancy (for example, foundations, septic tanks, irrigation pipes, etc.).

12. The developer/applicant shall abandon existing wells, if any, after first getting an abandonment permit from the Tulare County Environmental Health Services Division.

The developer/applicant is required to provide the City Engineer with proof of compliance with County regulations before performing any grading or issuance of the building permit, whichever comes first.

13. The developer/applicant shall assure compliance with Section 7-8, Work Site Maintenance of the Standard Specifications. Applicable requirements from both San Joaquin Valley Unified Air Pollution Control District Regulation VIII, Fugitive PM10 Prohibitions and the California Green Code Standards must also be met. During grading operations, the "Supervising Civil Engineer" shall be responsible for enforcing the dust control provisions of Section 7-8 or the developer/applicant shall pay inspection fees on the grading cost to compensate the City for dust control inspection.

14. The developer/applicant shall not allow onsite runoff or debris outside of the limits of the property during construction. Applicable best management practices (BMPs) shall be implemented to protect the City’s drainage system and inhibit vehicle track-out onto City streets. The improvement plans shall show the location of BMPs and areas designated for erosion and waste control. The developer/applicant shall remove and properly dispose of waste and spills deposited in the project area.

15. The developer/applicant shall construct the pipe connecting to on-site fire hydrants (where necessary) to City water main standards and shall provide backflow prevention at the property line.

Resolution No. ____-2024

Page 7 of 17 ends

16. The developer/applicant is hereby notified that the installation of an additional water meter, servicing the irrigation system, is required for monitoring actual water. The City will require payment of impact fees based on estimated usage and will monitor actual water usage for one year. The City will bill/credit the owner the difference between the estimated impact fees paid and the actual water usage.

17. The developer/applicant shall design on-site water systems meeting the requirements of the current California Plumbing and Fire Codes. It shall be noted that the City water system complies with Title 22 of the California Administrative Code and any assurance to effectively provide water pressure for multi-story buildings is the sole responsibility of the owner/builder.

18. The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council. In this area, North Grand Avenue is designated as a major arterial and requires a total right of way width of 116’. Douglas Street is designated as a local street and requires a total right of way width of 56’.

19. The developer/applicant shall move existing utility structures (i.e., poles, splice boxes, vaults, etc.) to a position that provides a minimum of four feet (4') of clear space in the sidewalk area and a minimum of two feet (2') of clear space from the curb face to the structure, unless the utility structures are below grade (Title 24 DSA). Service line poles serving the existing property are to be removed.

20. The developer/applicant shall provide 59W-3000K LED streetlights along North Grand Avenue and 29W-3000K LED streetlights along Douglas Street on Marbelite poles spaced at staggered 160’ intervals following Southern California Edison Company specifications, as approved by the City Engineer. Wood poles are expressly prohibited without prior written approval of the City Engineer.

21. The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for discharge of Storm Water Associated with construction activity will be required (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale). Before construction begins, the proponent must submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB). The proponent must also prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain at a minimum all items listed in Section A of the permit, including descriptions of measures to be taken to prevent or eliminate unauthorized non-storm water discharges and both temporary (e.g., fiber rolls, silt fences, etc.) and permanent (e.g., vegetated swales, detention basins, etc.) best management practices that will be implemented to prevent pollutants from discharging with storm water into water of the United States. If portions of the project area are to be sold off before the entire project is completed, the proponent must submit to the California Regional Water Quality Control Board a change of information form identifying the new owners along with a revised site map clearly depicting those portions that were sold and Resolution No. ____-2024

Page 8 of 17 ends

those that are remaining. The proponent is also responsible for informing each new owner of their responsibility to submit their own NOI, site map, and appropriate fee to the SWRCB and to prepare their own SWPPP.

NOW, THEREFORE, BE IT FURTHER RESOLVED: That the City Council of the City of Porterville does hereby approve Conditional Use Permit (PRC 2021-028-C) subject to the following conditions:

1. No alcohol advertising shall be displayed and/or viewed from the outside of the building.

2. Upon approval of the conditional use permit, any future change in operation which substantially alters the conditions or nature of the subject business will require approval by the City Council. Further, any future violations of regulations of the codes relating to the sales or consumption of alcohol, and/or excessive service calls by the Police Department resulting from the sales of alcohol may result in revocation of the Conditional Use Permit.

3. Unless an extension of time is granted by the City Council, the conditional use permit shall expire two years after the date of approval if the on-sale alcohol license is not active or actively pursued. The City Council may approve a one-year extension of any permit or approval granted under this ordinance upon receipt of a written application with the required fee before the permit expires.

4. The applicant shall operate the establishment in such a manner as to preserve the public safety, health and welfare, to prevent the use from becoming a nuisance and operate the business in compliance with all laws, ordinances and regulations regarding the sale of alcohol. In the event that this or any other condition of approval is violated, the City Council may modify or revoke the conditional use permit as provided in Section 601.10 of the Porterville Development Ordinance.

5. Pursuant to Section 601.10(d) the City Council may revoke the permit if it makes any of the following findings:
• That approval was obtained by means of fraud or misrepresentation of a material fact; • That the use in question has ceased to exist or has been suspended for one year or more; • That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this ordinance, law or regulation; or
• That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare or so as to be a nuisance.

6. Based on site plan parking provide shall meet the following parking requirements:
• Retail-Restaurant: Minimum 2 spaces. 1 per 75 square feet of customer seating area; no parking is required for outdoor seating when seats provided equal 50 percent or less of total indoor seating.

Resolution No. ____-2024

Page 9 of 17 ends

• Automobile/vehicle Washing: Minimum 1 space for automatic facilities, minimum 3 spaces for other facilities, plus 1 space per 250 sq. ft. of any indoor sales, office, or lounge areas
• Service Station: 2 per service bay, if service bays are included on site. 1 per 200 sq. ft. of any convenience store on site.

7. Site parking designs shall comply with PDO §304.10. Specific items are summarized below:
• 304.10(e) All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement. • 304.10(g) Parking Lot Lighting: Public parking areas designed to accommodate ten (10) or more vehicles shall be provided with a minimum of one-half (0.5) footcandle and a maximum average of three (3) foot-candles of light over the parking surface during the hours of use from one-half (0.5) hour before dusk until one-half (0.5) hour after dawn. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights of way, consistent with article 306, "Performance Standards", of this series.
• 304.10(i)(1) Landscape Area: A minimum of ten percent of any parking lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas. • 304.10(i)(3) Layout: Landscaped areas shall be well distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
o Landscaped planting strips at least four feet (4') wide between rows of parking stalls;
o Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
o Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
o On site landscaping at the parking lot perimeter.
• 304.10(i)(4) Required Landscaped Islands: A landscaped island at least six feet (6') in all interior dimensions and containing at least one 15-gallon size tree shall be provided at each end of each interior row of parking stalls and between all consecutive parking stalls in the following ratios:
o Between every eight (8) stalls in any nonresidential development; • 304.10.(i)(7) Trees shall be planted to result in fifty percent (50%) shading of parking lot surface areas within fifteen (15) years.
o Distribution: Trees shall be distributed relatively evenly throughout the parking area.
o Species: Required trees for parking lots shall be selected from a list of recommended trees maintained by the community development department or are listed in Sunset's "Western Garden Book, Region No. 9".

Resolution No. ____-2024

Page 10 of 17 ends

o Minimum Planter Size: Any planting area for a tree shall have a minimum interior dimension of five feet (5'). Additional space may be required for some tree species.

8. Site shall comply with PDO 300.10 site screening standards:
• Screening of Mechanical Equipment. All mechanical and electrical equipment and antennas shall be screened or incorporated into the design of buildings so as not to be visible from the street, freeway, or adjacent residential districts. Such equipment includes, but is not limited to, all roof-mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow prevention devices, irrigation control valves, electrical transformers and pull boxes. Screening devices shall be consistent with the exterior colors and materials of the buildings to which they are attached. • Parking Areas. Parking areas shall be screened from view from public streets and adjacent residential properties according to the following standards:
o Height. Screening of parking lots from adjacent public streets shall be three (3) feet in height. Screening along interior lot lines that abut residential districts shall be six (6) feet in height, except within the required front setback of the applicable zoning district, where screening shall be three (3) feet in height.
o Materials. Screening may consist of one (1) or any combination of the methods listed below.

1. Walls. Low-profile walls consisting of decorative concrete, stone, or masonry materials.

2. Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. This option does not include the use of chain-link or vinyl fencing.

3. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials shall achieve a minimum height of two (2) feet within eighteen (18) months after initial installation.

4. Berms. Berms planted with grass, ground cover, or other lowgrowing plant materials. • Drive-Through Facilities. Vehicle lanes for drive-throughs shall be screened from public streets to a height of three and one-half (3.5) feet. Screening devices shall consist of walls and/or berms.

9. The drive-through lanes shall be required to conform to PDO 304.04(h) in that the queuing area shall provide space for a minimum of six (6) vehicles from the menu board to the drive way entry. The stacking area shall not interfere with other on-site circulation and parking facilities. Where required, queuing areas shall be measured as twenty (20) feet per car.

10. The developer/applicant shall comply with the PDO §305 Signs. • Allowable permanent signage types include: awning and canopy, marquee, monument, freestanding, projecting, wall, and window. Total sign allowance is Resolution No. ____-2024

Page 11 of 17 ends

calculated at 3 square feet per one linear foot of building frontage within the CR zone. Signs require building permit.
• §305.11(a) Temporary signs. Banners, handheld signs, portable signs and other similar temporary advertising devices shall be prohibited, except for business openings, special events, promotional events and new subdivisions being developed in the city and are subject to the following:
o A temporary sign permit shall be secured prior to the installation or display of any such sign. Issuance of a temporary sign permit may be contingent upon the overall permissible area available for temporary signs within a geographic area as identified in subsection A6 of this section. In addition, the application would be reviewed in light of other temporary sign permit applications submitted for the same area, which may put such signs in conflict with subsection A6 of this section.
• §305.10(h)Other Sign Types
o Commercial Center Identification Signs. One Commercial Center Identification sign per Center may be erected in the Commercial and Employment districts, subject to the following limitations:

1. Allowable Areas. The center shall consist of a commercial or industrial development with an integrated site and design plan creating a single unified development with four (4) or more uses.

2. Area Not Counted. The area of the sign shall not count towards the sign area allowed for the individual tenant space or building on the lot.

3. Sign Area Allowed. The maximum sign area may be no more than one (1) square foot for each linear foot of street frontage, but in no case shall the total sign area exceed two hundred (200) square feet.

If more than one (1) entrance to the lot exists, the maximum sign area permitted will be divided among the number of entryways and signs requested.

4. Sign Height. The maximum sign height shall not exceed twenty (20) feet in the CMX, CN and PO zone districts; thirty-five (35) feet in all other Commercial and Employment zone districts.

5. Sign Base. The sign base is to be located within a planter box or planting area at least twenty-four (24) square feet in area and the design and location is to be approved by the Zoning Administrator. • All signage including temporary signs require permit prior to installation.

11. The developer/applicant shall comply with Section 300.07 of the Porterville Development Ordinance (Lighting and Illumination). Light fixtures shall not exceed 16 feet within 100 feet of any street frontage; 20 feet in any other location. Aisles, passageways, and pedestrian recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers. A photometric plan shall be included with the building permit submittal to determine compliance.

Resolution No. ____-2024

Page 12 of 17 ends

• All lighting fixtures shall be shielded in accordance with table 300.07B of this section so as not to produce obtrusive glare onto the public right of way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "cutoff" or "full cutoff" luminaries, as illustrated in figure 300.07 of this section.

12. Development shall comply with the PDO §306 Performance Standards. • 306.07 Lighting and Glare, particularly subsection (b) Lighting: Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky reflected glare from floodlights shall not be directed into any other property or street. Except for public streetlights, no light or combination of lights, or activity shall cast light on a public street exceeding one foot-candle as measured from the centerline of the street. No light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half (1/2) foot-candle. Refer to section 300.07, "Lighting and Illumination", and subsection 304.10G, "Parking Lot Lighting", of this series for additional lighting standards required by this code. • 306.08 Maintenance: Sites and facilities shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

13. The developer/applicant shall comply with the Porterville Development Ordinance.

14. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction, and Standard Plans and Specifications, except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.

15. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a). You have 90 days from the date fees are paid to file a written protest.

16. The developer/applicant shall comply with Appendix J, “Grading” of the current California Building Code, including provision of a grading and drainage plan signed by a licensed civil engineer or architect. The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.

17. The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). No existing storm drain facilities are in the vicinity so all runoff must be contained onsite, unless the developer/applicant constructs a City proposed drainage basin area available south of North Grand Avenue. A minimum amount of runoff must be contained onsite per the State’s MS4 requirements. The parking lot is to be designed to convey water to Resolution No. ____-2024

Page 13 of 17 ends

the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.

18. The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage, except where they exist and are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Engineer (Ord.

No. 1306). An accessible path of travel across the proposed drive approaches serving the property must be provided per the City’s major commercial driveway standard plan. Driveway access/turn movements along North Grand Avenue may be impacted by future street improvements and/or traffic impacts caused by other development. The south edge of the southernmost drive approach along Douglas Street shall be at least 100’ away from the north curb face of North Grand Avenue to account for vehicle stacking.

19. The developer/applicant shall comply with driveway vehicular sight distance requirements per Section 300.16 of the Development Ordinance and driveway separation from property line per City standards.

20. The developer/applicant shall design the parking lot in conformance with Chapter 304 of the Development Ordinance if the project includes establishment, alteration, expansion, or change in any use or structure. Minimum cross slopes within the parking lot shall be 1.5% for asphalt concrete or 1% for concrete paving areas.

21. The developer/applicant shall, under City inspection, remove all existing abandoned and unnecessary items, to the satisfaction of the City Engineer, before the issuance of a certificate of occupancy (for example, foundations, septic tanks, irrigation pipes, etc.).

22. The developer/applicant shall abandon existing wells, if any, after first getting an abandonment permit from the Tulare County Environmental Health Services Division. The developer/applicant is required to provide the City Engineer with proof of compliance with County regulations before performing any grading or issuance of the building permit, whichever comes first.

23. The developer/applicant shall assure compliance with Section 7-8, Work Site Maintenance of the Standard Specifications. Applicable requirements from both San Joaquin Valley Unified Air Pollution Control District Regulation VIII, Fugitive PM10 Prohibitions and the California Green Code Standards must also be met. During grading operations, the "Supervising Civil Engineer" shall be responsible for enforcing the dust control provisions of Section 7-8 or the developer/applicant shall pay inspection fees on the grading cost to compensate the City for dust control inspection.

24. The developer/applicant shall not allow onsite runoff or debris outside of the limits of the property during construction. Applicable best management practices (BMPs) shall be implemented to protect the City’s drainage system and inhibit vehicle track-out onto City streets. The improvement plans shall show the location of BMPs and areas designated for erosion and waste control. The developer/applicant shall remove and properly dispose of waste and spills deposited in the project area.

Resolution No. ____-2024

Page 14 of 17 ends

25. The developer/applicant shall construct the pipe connecting to on-site fire hydrants (where necessary) to City water main standards and shall provide backflow prevention at the property line.

26. The developer/applicant is hereby notified that the installation of an additional water meter, servicing the irrigation system, is required for monitoring actual water. The City will require payment of impact fees based on estimated usage and will monitor actual water usage for one year. The City will bill/credit the owner the difference between the estimated impact fees paid and the actual water usage.

27. The developer/applicant shall design on-site water systems meeting the requirements of the current California Plumbing and Fire Codes. It shall be noted that the City water system complies with Title 22 of the California Administrative Code and any assurance to effectively provide water pressure for multi-story buildings is the sole responsibility of the owner/builder.

28. The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council. In this area, North Grand Avenue is designated as a major arterial and requires a total right of way width of 116’. Douglas Street is designated as a local street and requires a total right of way width of 56’.

29. The developer/applicant shall move existing utility structures (i.e., poles, splice boxes, vaults, etc.) to a position that provides a minimum of four feet (4') of clear space in the sidewalk area and a minimum of two feet (2') of clear space from the curb face to the structure, unless the utility structures are below grade (Title 24 DSA). Service line poles serving the existing property are to be removed.

30. The developer/applicant shall provide 59W-3000K LED streetlights along North Grand Avenue and 29W-3000K LED streetlights along Douglas Street on Marbelite poles spaced at staggered 160’ intervals following Southern California Edison Company specifications, as approved by the City Engineer. Wood poles are expressly prohibited without prior written approval of the City Engineer.

31. The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for discharge of Storm Water Associated with construction activity will be required (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale). Before construction begins, the proponent must submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB). The proponent must also prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain at a minimum all items listed in Section A of the permit, including descriptions of measures to be taken to prevent or eliminate unauthorized non-storm water discharges and both temporary (e.g., fiber rolls, silt fences, etc.) and permanent (e.g., vegetated swales, detention basins, etc.) best management practices that will be implemented to prevent pollutants from discharging with storm water into water of the Resolution No. ____-2024

Page 15 of 17 ends

United States. If portions of the project area are to be sold off before the entire project is completed, the proponent must submit to the California Regional Water Quality Control Board a change of information form identifying the new owners along with a revised site map clearly depicting those portions that were sold and those that are remaining. The proponent is also responsible for informing each new owner of their responsibility to submit their own NOI, site map, and appropriate fee to the SWRCB and to prepare their own SWPPP.

32. Caltrans confirmed that the comments provided in the review letter dated September 24, 2021 would still be applicable to the updated site plan. The comments were the following:
“After further review of attached revised “site plan A-1” proposing to add 8 gas pumps (16 dispensers) to Building #3 in Phase 2, Caltrans comment letter dated 9/24/2021 (attached) is still valid”
Caltrans provided the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:
• 1. Caltrans anticipates that the Project will increase car and truck traffic at the SR 65/Grand Avenue intersection.
• 2. Caltrans recommends that a focused Traffic Analysis be completed for the SR 65/Grand Avenue intersection and provided to Caltrans for review. • 3. The project proponent shall provide the following opening day improvements for the SR 65/Grand Avenue intersection:
oa. Construct a dedicated right turn lane on southbound SR 65 to west bound Grand Avenue.
ob. Construct a left turn lane and modify existing signal to add a protected left-turn phase to the signalized intersection on both the eastbound and westbound approach of Grand Avenue.
• 4. Caltrans requires adequate turning radius will be needed at SR 65/Grand Avenue intersection.
• 5. Caltrans requires truck turning templates be shown (super-imposed) on the design plans for the above opening day improvements for the intersection. • 6. According to the Caltrans Transportation Concept Report (TCR), segment 8 of SR 65 in the vicinity of the proposed project is currently planned as a 4-lane conventional Freeway and ultimately planned to be a 6-lane Freeway with Auxiliary lanes within a total of 240 feet of right-of-way (120 feet from the centerline). Caltrans right-of-way maps shows this segment of SR 65 existing at 166 feet with 83 feet from the centerline on the west side of SR 65. • 7. A Right-of-Way (ROW) Dedication in Fee Title to Caltrans for 37 feet of rightof-way is needed to accommodate the ultimate configuration of SR 63. Dedications required by the Lead Agency need to be shown on a revised site plan and forwarded Resolution No. ____-2024

Page 16 of 17 ends

for our review. Right-of-way dedicated to the State due to the proposed project or work proposed in the State right-of-way, will need to be dedicated and conveyed to the State (in a form approved by the State) before an encroachment permit is issued for any work in the State right-of-way. A summary of the requirements for rightof-way dedications is enclosed. • 8. Alternative transportation policies should be applied to the development. An assessment of multi-modal facilities should be conducted to develop an integrated multi-modal transportation system to serve and help alleviate traffic congestion caused by the project and related development in this area of the City or County.

The assessment should include the following:
oa. Pedestrian walkways should link this proposal to an internal project area walkway, transit facilities, as well as other walkways in the surrounding area.
ob. The Project might also consider coordinating connections to local and regional bicycle pathways to further encourage the use of bicycles for commuter and recreational purposes. c. If transit is not available within ¼- mile of the site, transit should be extended to provide services to what will be a high activity center.
• 9. Caltrans recommends the Project implement “smart growth” principles regarding parking solutions, providing alternative transportation choices to residents and employees. Alternative transportation choices may include but are not limited to parking for carpools/vanpools, car-share and/or ride-share programs. • 10.Based on Caltrans VMT-Focused Transportation Impact Study Guide, dated May 20, 2020 and effective as of July 1, 2020, Caltrans seeks to reduce single occupancy vehicle trips, provide a safe transportation system, reduce per capita Vehicle Miles Traveled (VMT), increase accessibility to destinations via cycling, walking, carpooling, transit and reduce greenhouse gas (GHG) emissions. Caltrans recommends that the project proponent continue to work with the City or County to further implement improvements to reduce vehicles miles traveled and offer a variety of transportation modes for its employees.
• 11.Caltrans recommends the project provide charging stations for electric vehicles as part of the statewide efforts to reduce greenhouse gas emissions PASSED, APPROVED, AND ADOPTED this 5th day of March, 2024. ///
///
///
///
///
///
Resolution No. ____-2024

Page 17 of 17 ends

____________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
March 5, 2024
California Department of Alcoholic Beverage Control
Fresno District Office
3640 East Ashlan Ave
Fresno, CA 93726
ATTN: Christine Weldon
RE: PRC 2021-028-C
Dear Ms. Weldon:

The City Council of the City of Porterville has elected to approve the submittal of this letter regarding the public convenience or necessity, to be served through issuance of a Type 20 (Offsale beer and wine) for a convenience store, located on parcel 3 at the NEC of Northgrand Avenue and Douglas Street (APN 243-190-018), Porterville, CA.

Approval of this letter was based on the following:

1. Per Section 23958.4 of the “Business and Professions Code,” the subject site is located within Census Tract 35.04, which allows four (4) on sale and five off-sale licenses. At the present time five (5) off-sale licenses currently exist in this tract.

Due to the over concentration of off-sale licenses a Letter of Public Convenience or Necessity was required.

2. On March 5, 2024, the City Council conditionally approved Conditional Use Permit (PRC 2021-028-C), review attached resolution, to allow the sale of beer and wine, for a convenience store to be located on parcel 3 at the NEC of Northgrand Avenue and Douglas Street (APN 243-190-053), Porterville, CA. As a condition of approval, a Letter of Public Convenience or Necessity was required to be approved by the City Council.

3. In consideration of the above, the City Council determined that public convenience or necessity would be served by the issuance of a Type 20 (On-Sale General – Public Premises) alcohol license in conjunction with a convenience store.

Further issuance of an off-sale license allowing the sale of beer and wine represents a viable economic asset to the community which will contribute tax revenues to the local economy. The site is consistent with the General Plan Land Use Designation of Retail Centers policies. The proposed Type 20 (Off-Sale Beer and Wine), alcohol license for a convenience store would suit the purpose of the zone designation as well as meeting the economic development guiding policy needed to retain, improve and promote existing businesses in Porterville. The convenience store is permitted in the CR (Retail centers) land use designation and alcohol sales may be permitted with review and approval of a Conditional Use Permit.

For these reasons, the City Council of the City of Porterville supports issuance of a Type 20 (OffSale Beer and Wine license for convenience store located on parcel 3 at the Northeast corner of Northgrand Avenue and Douglas Street (APN 243-190-018), Porterville, CA.

Sincerely,
Martha A. Flores, Mayor
Attachment: Resolution
Item No. 15.

CITY COUNCIL AGENDA – MARCH 5, 2024
SUBJECT: Porterville Veterans Homecoming Queen/Miss Porterville SOURCE: Parks and Leisure Services
COMMENT: Since 1946, the City of Porterville has crowned a Queen and Court to represent the Veterans of the Porterville community. The first Veterans Homecoming Queen Pageant started to honor Porterville's Veterans in the aftermath of WWII.

To show gratitude to those who sacrifice so much to keep our nation safe and free, the tradition continues each year on the last Saturday of October. The pageant gives high school senior girls the opportunity to express their patriotism, give back to their community, and be a role model to those around them. The young women in the pageant are judged in five categories: interview, essay, talent, poise/personality and participation. The Queen and her Court then participate in a variety of civic events throughout Porterville, including the Annual Porterville Veterans Day Parade and Band-A-Rama. The pageant is sponsored by the American Legion Post 20 of Porterville, the Veterans Homecoming Committee, and the Porterville Memorial District.

At the request of the Veterans Homecoming Committee, Mayor Flores and City staff met on February 21, 2024, during which time the Committee spoke of their interest in fostering a closer relationship and connection between the City of Porterville and the Miss Porterville program in light of its shared vision of promoting Porterville. In order to further this relationship, the concept of including Miss Porterville in the advertising campaigns for City events in which Miss Porterville is involved was discussed, as was coordinating the program's potential involvement in other City events. A tentative schedule of events for which the Queen and Her Court attend is provided for Council's reference. City staff recommends approval of a partnership in which the City includes the Miss Porterville program in advertising campaigns for City events of which Miss Porterville is involved, and coordinating the program's potential involvement in other City's events.

RECOMMENDATION: That the City Council consider partnering with the Porterville Homecoming Queen/Miss Porterville Pageant program for the promotion of Porterville.

ATTACHMENTS: 1. 2023 VHQ Program Final-4

2. 2024 VHQ Pageant Application
Appropriated/Funded:

Item No. 15.

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

VETERANS

HOMECOMING

QUEEN PAGEANT
7 7 T H A N N U A L

P O R T E R V I L L E M E M O R I A L A U D I T O R I U M October 28, 2023
American Legion Post 20 Presents:

Bombshell Boutique
In Memoria - Cam Hamilton
Javier & Jessy Camacho
Carolina Coast Pressure Wash
Dowling Trucking
Earth Angel
Fab’s & Son Heating and Cooling
Grape Man Labor Inc.

Greg Trejo
J. Poonian Limited Partnership
J&R Meats
JV Auto Repair
Lamb, Cruess & Sutherland
Laux Family
Maximo’s Taqueria
Jesse & Sally Mireles
Benny Mireles & Maria Mireles
The Modern Savage
Mom & Pop’s Lunch Box Diner
Mountain Aviation
Oacys Technology
Pacific Coast Cabinets
Pizza Factory
Poor Richard’s Pizza
Rainbow House of Carpets
Sacred Space Counseling
Salon Shae
Gladis & George Soto
Spin Academy
White Eagle Concrete
SPONSORS 2023
VETERANS HOMECOMING QUEEN PAGEANT 2023
C R O W N I N G O F 2 0 2 3 - 2 0 2 4

V E T E R A N S H O M E C O M I N G Q U E E N

M I S S P O R T E R V I L L E & C O U R T
Welcome & Opening Remarks - Robert Lassotovitch:

American Legion Post 20 Commander
Posting of National Colors & Pledge of Allegiance -
American Legion Post 20
National Anthem - Caiden Wallace
Introduction of 2022-2023 Queen & Court
Introduction of Master of Ceremonies - Dennis Townsend
Spirit Dance - Performed By Contestants
Introduction of Judges
“American Soldier” - Caiden Wallace
Enchanted Dance Studio Performance
Contestant Introductions
A Musical Tribute to our Military -The Fabulous Studio Band Contestant Interviews & Talent Performances
Reflection from 2022-2023 Veterans Homecoming Queen/Miss Porterville - Briar Rose Tillery
Deenie’s Dance Workshop Performance
The Fabulous Studio Band

SPECIAL THANKS
Master of Ceremonies - Dennis Townsend
Kevin Standifer and the Amazing Auditorium Staff
Panel of Judges
The Fabulous Studio Band
Caiden Wallace
Deenie’s Dance Workshop
Enchanted Dance Studio

PORTERVILLE VETERANS HOMECOMING
COMMITTEE:

RUBEN BONILLA

BRIAN ADAMS

MIKE SMITH

EMMYLOU DOWLING

JESSICA DOWLING

PATTY DOWLING
VETERANS HOMECOMING QUEEN PAGEANT CONTESTANTS 2023
Cambria Rose Arias-Rodriguez - Harmony Magnet
Academy - Singing the Armed Forces Medley
Marissa Denise Martin Mireles - Porterville High
School - Folklorico Dance to a Patriotic Polka
Isabelle Rose Miller - Butterfield Charter High
School - Baton and Flag Routine to Ray Charles

1. 2.

3. “America the Beautiful”

4. Gabrielle Ava Nicole Sutherland - Monache High
School - Singing “God Bless America”

5. Olivia Geraldine Christman - Porterville High School - Traditional Powwow Jingle Dress Dance
VETERANS HOMECOMING QUEEN PAGEANT CONTESTANTS 2023
2024-2025 Veterans Homecoming Queen
Miss Porterville Pageant
Quick Info
What: Beginning in 1946, the Porterville veterans have sponsored this annual pageant, giving high school senior girls the opportunity to express their patriotism, give back to their community, and be a role model to those around them. The pageant is a celebration of America and a homage to those who have served in the US Armed Forces.

Where: The Porterville Memorial Auditorium
When: Saturday, October 26, 2024 @ 6:30pm
*Weekly rehearsals will be held Monday nights leading up to the pageant, beginning Monday, September 9th, and dress rehearsal will be held the Thursday before the pageant.*
Why: If you have a love and respect for the country you live in, if you are grateful for our Veterans who have served sacrificially, and if you like to be involved in your community and interacting with people of all ages… then this pageant is for you!
Fill out the attached application and come to the Queens Tea (our first meeting) on Tuesday, September 3rd @ 7:00pm. It will be a semi-formal event, located at the Veterans Memorial Building: 1900 W. Olive St. Porterville, Ca.

You are welcome and encouraged to bring a parent/guardian Please RSVP by texting Pageant Co-Director:

Miss Briar Rose Tillery @ 559-542-7010 or
Mrs. Jessie Dowling @ 559-361-3642
[email protected]
veteranshomecomingqueen.com
Pageant Pre-Qualification Checklist
In order to participate in the pageant, you must meet the following criteria:
✔ United States citizen or lawful permanent resident
✔ High school senior girl, attending school within the
Porterville school districts (home school included)
✔ Cumulative GPA of 2.0 or higher
✔ Of good moral character
✔ Unmarried and without children
Estimated Expenses
★ Spirit dance costume $30 - $50
★ New Court Formal Dress (if selected for the court)
$600 - $900
○ This cost can be covered by the sponsorship
money that each contestant will be responsible
for acquiring. It does NOT have to come out of
pocket. This dress will be the “uniform” of the
court during the entire year.
★ Purchasing a pageant formal (to be worn the night of the pageant) is an unnecessary expense. We recommend reusing one that you already have or borrowing one.

Sponsorship
It will be required for you to find at least 1 sponsor (you may have up to 5) to give you a $250 donation. The sponsor (local business, family friend, etc.) would write two checks: $50 to the Veterans Homecoming Committee who is organizing the event, and $200 to you, the contestant, to help cover the pageant expenses listed above.

Sponsorships will be due Monday, October 7th
For questions, contact Briar Rose Tillery at 559-542-7010 or Jessie Dowling at 559-361-3642
Application for Veterans Homecoming Queen
Miss Porterville 2024-2025
Sponsored by Porterville Memorial District and American Legion Post 20 Name: _______________________________________________________ Address:______________________________________________________ Date of Birth:___________________________________________________ High School:___________________________________________________ Email:________________________________________________________ Phone Number:_________________________________________________ Pageant Date: October 26, 2023 @ 6:30pm
Parent or Guardian
Signature:__________________________________________________ Applications must be turned in on September 3rd at 7:00pm, at the Queens Tea. It will be a semi-formal event, located at the Veterans Memorial Building:
1900 W. Olive St. Porterville, Ca.

You are welcome and encouraged to bring a parent/guardian.

For questions call/text:

Briar Rose Tillery Jessie Dowling
Pageant Co-Director Pageant Co-Director
559-542-7010 559-361-3642
Item No. 16.

CITY COUNCIL AGENDA – MARCH 5, 2024
SUBJECT: Consideration of Draft Ordinance Regulating Unsafe and Unauthorized Camping and Storage of Personal Property, Protecting Critical Infrastructure, and Mitigating Harm to the Public Health, Safety and Welfare; and Consideration of Administrative Options to Address Homelessness Within the City of Porterville
SOURCE: City Manager's Office
COMMENT: At the study session on January 30, 2024, the City Council reviewed information provided by City Staff related to potential regulations to regulate camping within the City and to protect critical infrastructure, and considered the further development of resources to serve individuals experiencing homelessness in the City. Staff provided a preliminary assessment of critical infrastructure and facilities that should be protected, and provided draft maps and a list of public buildings and facilities to consider. The City Attorney provided additional regulatory examples/options for the purposes of providing guidance in the development of the regulations.

At the session, the City Council considered the information and staff's input and provided direction on the development of an ordinance regulating camping and the protection of various public works and facilities, and as discussed, attached is a draft Ordinance for further consideration. Staff requests that the City Council provide comments with regard to the draft and consider scheduling a public hearing and consideration and first reading of the ordinance at a future meeting.

The draft ordinance would make it unlawful and a public nuisance for any person to camp on Public Property when there is available space for the person at a shelter location where the person is eligible and qualified to go. If there is no available shelter space, persons experiencing homelessness or who do not have a permanent residence are permitted to camp on certain public property, provided that the camping is occurring in compliance with certain time, place, and manner regulations. The ordinance includes detailed location limitations, some specifically defined by ordinance (such as a prohibition within residential areas or mixed-use areas or on public right of way), and may be later determined by the City to be “critical infrastructure.” Generally, there is a restricted buffer designated of 200-feet around those facilities or properties, but the City Council may wish to consider establishing a different requirement or establishing that as the maximum area restriction, with the ability to set all buffers by resolution. For any areas or properties to be designated by Resolution as Critical Infrastructure or otherwise restricted, distance requirements can also be set at that time.

Item No. 16.

In addition to the location restrictions, camping is also proposed to only be allowed for a maximum period of 24 hours at any one location. There are also additional proposed manner restrictions, such as limiting the spatial footprint to 144 sq. feet, 150-foot radius separate requirement between camps, restrictions on open flames and fires, restrictions on excavations or the building of structures, and other proposed regulations to protect public health and safety.

The draft also contains a restriction on the number of individuals per camp, limiting it to two persons and two animals. The draft contains highlighted areas where the Council Members may wish to focus their attention and consideration.

With regard to enforcement, as discussed, the draft ordinance proposes an emphasis on obtaining voluntary compliance. If voluntary compliance is not achieved, it is proposed that 72-hour written notice be provided. If there is still a refusal to comply (or failure to respond), the personal property can be removed subject to the storage requirements specified in the ordinance. Shorter time frames would be allowed due to a reasonable determination of a potential danger to human life or safety. The enforcement of the ordinance will require additional personnel and equipment for the Police Department and Parks and Leisure Services Department to effectively enforce the ordinance and clean up unauthorized camping locations. Staff will provide specific detail in the 2024/25 budget discussions.

This draft ordinance would also repeal and replace the City's current regulations concerning "Squatter Camps." Consequently, this draft also includes restrictions on unlawful camping on private property, defined as camping without the property owner's consent, camping in a manner that violates applicable law, or in a manner that causes blight or a public nuisance. This ordinance would not supersede the City's ability to also enforce trespass laws.

In the development of any regulations designating specific locations where camping will be prohibited, the City must balance the constitutional rights of individuals experiencing homelessness with the City’s obligation to protect the public health and safety. The draft regulations have been developed so as not to restrict locations for camping in such a manner that individuals have no alternative places to go. The draft ordinance also includes specific findings substantiating determinations of public health and safety concerns related to the proposed restricted locations and identifies certain public health and safety dangers being addressed by the location restrictions.

If the Council approves the draft (as presented or modified at the meeting), Staff recommends that the City Council authorize staff to set a public hearing for a specific future City Council meeting, for consideration and first reading of the ordinance.

RECOMMENDATION: That the City Council consider the draft ordinance and provide any further comments or direction, and that the City Council Item No. 16.
authorize staff to set a public hearing at a specific future City Council meeting, for consideration and first reading of the ordinance.

ATTACHMENTS: 1. Draft Ordinance - Regulating Unsafe Camping Storage

2. Staff Report with Attachments_10-17-23

3. Staff Report with Attachments_12-19-23

4. Expansion Options Summary

5. San Diego 2023 Unsafe Camping Fact Sheet

6. San Diego Muni Code-Ch 6

7. Morro Bay Staff Report 12-12-23

8. Morro Bay Ord No. 665 re Camping

9. Morro Bay Ord No. 666 re Overnight Habitation of
Vehicles

10. Proposed Critical Infrastructure List
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE REPEALING CHAPTER ARTICLE VII OF CHAPTER 18 (SECTIONS 18-76 THROUGH 18-83) OF THE CITY OF PORTERVILLE MUNICIPAL CODE AND REPLACING IT WITH CHAPTER 18, ARTICLE VII, REGULATING UNSAFE AND UNAUTHORIZED

CAMPING AND STORAGE OF PERSONAL PROPERTY, PROTECTING CRITICAL INFRASTRUCTURE, AND

MITIGATING HARM TO THE PUBLIC HEALTH, SAFETY AND WELFARE WHEREAS, the City of Porterville (“City”) encourages the use of open spaces and facilities within the City by all members of the community; and
WHEREAS, camping in undesignated campsites within the City limits creates unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public, for example when the camping has occurred in the Tule Riverbed or along the embankments, where there has been both severe flood and fire dangers to those camping and the public depending on the season; and
WHEREAS, camping in undesignated campsites within the City limits tends to degrade and even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and
WHEREAS, camping in undesignated campsites within the City limits not only detracts from the use of the property for its intended purposes but also can create dangerous conditions for the public; and WHEREAS, the City has the authority to adopt regulations to ensure the public’s health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, a federal Ninth Circuit Court of Appeals decision, Martin v. City of Boise, 920 F.3d 584 (9 th Cir. 2019) (“Martin”), prohibits criminal prosecution for sleeping outside on public property when adequate shelter is not reasonably available for persons involuntarily experiencing homelessness, based upon an interpretation of the Cruel and Unusual Punishments Clause of the U.S. Constitution’s Eight Amendment; and WHEREAS, the federal Ninth Circuit court suggested in its decision in Martin that the prohibition on criminal prosecution would not apply to individuals who have reasonable access to adequate temporary shelter; and
WHEREAS, the Ninth Circuit court in Martin suggested that even when adequate shelter is unavailable, an ordinance establishing reasonable time, place and manner regulations on sitting, lying or sleeping may be allowed under the U.S. Constitution when the regulations are to address legitimate public health and safety concerns; and
WHEREAS, the federal Ninth Circuit court in the case of Johnson v. City of Grants Pass, 72 F.4th 868 (9th Cir. 2023) (“Grants Pass”) (to be heard and considered by the U.S. Supreme Court in April 2024), expanded upon its decision in Martin to prohibit civil enforcement for sleeping outside when adequate shelter is not reasonably available for persons involuntarily experiencing homelessness if civil enforcement can lead to criminal enforcement; and
2 WHEREAS, there are available low barrier overnight shelters operating within the City, that as of the date of the adoption of this Ordinance have had space available nightly; and WHEREAS, the City has invested significant funds, resources and time to assist persons experiencing homelessness to find temporary and permanent shelter and necessary public health services to address the causes of their homelessness, has sought to address the underlying issues contributing to homelessness and has striven to be a part of the solution. These City of Porterville actions and efforts have included:

1. City Council, City Manager and staff participation on committees and sub-committees with service groups, regional non-profits, County Public Health Services, and other agencies to address causes of homelessness and work towards solutions.

2. The Police Department’s creation of a SMART team to operate as a homeless liaison to address needs of the unhoused within the City limits and encourage coordination or facilitate connections with available resources.

3. The City’s development of low-barrier shelters, a Navigation Center, and permanent supportive housing to help support the needs of persons experiencing homelessness.

4. The City’s support and collaboration with local service providers to assist individuals and families experiencing homelessness, with funding focused on emergency shelters, housing navigators, bridge housing and permanent supportive housing.

5. The City has transferred the City’s portion of the National Opioid Settlement back to Tulare County to manage a regional effort to combat opioid-related issues that directly impact our unhoused population.

WHEREAS, despite the City’s efforts the Police Department has found that a significant number of the City’s homeless population routinely decline the City’s offers of help for various reasons including, and many people experiencing homelessness refuse to accept services and refuse to move from encampments; and
WHEREAS, the City has experienced significant and continuing threats to public health and safety resulting from persons experiencing homelessness sleeping and camping in unauthorized locations in the City, including the following:

1. Homeless encampments raise a number of public health concerns related to waste, sanitation and disease transmission. Unhoused people, like all other people, generate solid waste during their daily activities of food preparation and consumption, shelter building and maintenance and storing their possessions. Without any place or method of proper storage or disposal, the resulting piles of trash become food sources for rodents, breeding grounds for pathogens, fuel for fires, and unattractive nuisances to the public.

2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitation services and waste collection, with some diseases such as hepatitis A and typhus more likely to occur in homeless populations. 3 3. Health and safety issues are presented by the violation of fire, building, electrical and other codes and standards for public health and safety, including the unauthorized and unpermitted use of electrical and utility connections, due to the potential and reality of unsafe and unhealthy conditions in encampments, posing life, safety, fire and health threats to both the occupants of the encampments, the general public and emergency responders.

4. Health and safety issues are exacerbated and compounded by larger encampments as there is an exponential increase in these health and safety issues the larger the encampment, including but not limited to both accumulation of trash and debris as well as the greater likelihood of the spread of disease.

5. The City regularly receives a large volume of emails, phone calls and in-person complaints regarding the encampments in the City, and the frequency and number of these complaints has been increasing greatly, recently and in the last year.

6. The homelessness problem in Porterville impacts crime rates. Homelessness-related crime rates are significant both in terms of crimes against the homeless and also crimes committed by the homeless. The Porterville Police Department estimates a call volume of 17% of total calls for service are related to our unhoused population (with this percentage including complaints as well as arrests).

7. Business owners and residents near encampments are confronted by trash, used needles, and human waste, and increased instances of open drug use, property damage, theft, and break-ins. They have seen their property values decline, their small businesses fail, and their public spaces become uninhabitable.

8. Businesses and residences near encampments experience physical impediments to access to public and private property which both impedes emergency responses, evacuation of occupants during an emergency, and general public access, as well as exacerbates the likelihood of conflict, intimidation and threats to the public safety for both the unhoused as well as all members of the public, and furthermore the collection of biohazard materials, human waste, trash and rubbish near businesses and residential areas contributes to a general decline in public health, safety and welfare.

9. Encampments near emergency shelters established for emergency evacuations during events such as winter rainstorms can cause barriers to access for evacuees.

10. Encampments near active construction sites, trash enclosures, areas with heavy vehicle use, and similar areas pose unique threats to both the unhoused as well as the operators of construction equipment and vehicles through unintentional yet predictable collisions and threats to health and safety.

11. Encampments on or near public utilities and critical infrastructure, such as stormwater, water and sewer infrastructure, fire stations, electrical wires and natural gas pipelines, pose unique safety, environmental and security issues and are generally closed to the public or have limited public access for safety, environmental and security reasons.

12. Unauthorized connections or taps to public utilities, as well as violation of fire, building, electrical and other codes and standards, create unsafe conditions and a potential life safety hazard for the occupant, the general public and emergency responders. 4 13. Encampments pose immense public health concerns as the rates of overdoses from drugs like fentanyl and heroin have increased substantially among the unhoused and encampments can provide an environment conducive to illegal drug consumption.

14. Abandoned encampment cleanups are performed by City Police officers and Parks and Leisure services department staff with police equipment, fire and City code enforcement officers and staff in an attempt to maintain and or control the spread of large encampments and this taxes public resources while unnecessarily exposing first responders and City staff to unhealthy and unsafe situations.

15. Fires in unsafe locations for cooking and warming occur at encampments increasing the risk of fires posing a threat to safety and health, and the City has had to respond directly to major fires caused by such activities over the years.

16. Accumulation of biohazard and medical waste occurs in and around encampments and these items end up in our creeks, storm drains, waterways, and beaches posing a direct threat to health and safety.

17. Severe blockage of storm drains and also the Tule Riverbed, due to excessive encampment debris and/or degradation of the river embankments leads to increased roadway and stream flooding and drain blockages during storms causing threats to health and safety.

18. During times of severe storms, unhoused camps are located in and must be evacuated from riverbeds; sloughs; embankments; low lying, unsafe areas; and storm drains due to increased risk of flooding, rapid water movement, and blockage of storm drains, posing safety threats to the residents of the encampments; and
WHEREAS, in light of these significant and continuing threats to public health and safety, the City seeks to adopt reasonable time, place and manner regulations in a manner consistent with the federal Ninth Circuit court’s decisions in Martin and Grants Pass; and WHEREAS, the City finds that reasonable camping regulations for public property will best serve the public’s health, safety, and general welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CHAPTER 18, ARTICLE VII REPEALED AND REPLACED IN ITS ENTIRETY. Article VII of Chapter 18 (Sections 18-76 through 18-83), entitled “Squatter Camps,” is hereby repealed in its entirety and is replaced with the following:

CHAPTER 18. ARTICLE VII – UNAUTHORIZED CAMPING REGULATIONS Section 18-76 FINDINGS AND PURPOSE
5 A. As the City continues to offer assistance and services to persons experiencing homelessness, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with its limited resources.

B. The City Council acknowledges that at the time of the adoption of this ordinance, although there has been available nightly shelter space within the City, there is a lack of nightly shelter beds and housing available regionally for persons experiencing homelessness and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

C. The City Council acknowledges that it is currently unavoidable that some persons will live or shelter for survival outdoors until they are able or willing to access affordable or free shelter or housing.

In Porterville, this has typically meant sheltering, sometimes for extended periods of time, on City rightsof-way and City property, and at times on other public agency property owned by other public agencies.

D. Public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences.

E. The City owns limited property where camping can or should be allowed for reasons including but not limited to public health and safety concerns and issues created by the impact of camping on public property.

F. The City has had increasing concerns regarding public health and safety due to instances of camping on or in rights-of way and public property in or near waterways, streets, roads, sidewalks, schools, residences, businesses, critical infrastructure, public access points and similar locations. Public utility properties (e.g., stormwater, water, sewer) are environmentally and operationally sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.

G. Over the long term and working with other governmental agencies and non-profit organizations, the City’s goal is that people should not have to live outside and there should be safer options.

H. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in Porterville to be healthy, safe, and have access to public places.

I. Smaller camp sites support both the health and safety of people who are camping for survival on public property as well as the health and safety of the public.

J. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property which will address issues such as fire risk, unsanitary conditions, health risks, public infrastructure security, public access impediments, trash, waste and public safety hazards to both people camping as well as neighboring businesses, residents and community members, as well as environmental degradation, which have occurred with longer-term camping in the City.
6 K. It is the intent of the City to evaluate each removal of an Established Campsite with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. The City intends to use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate. When the City requires a person experiencing homelessness to remove an Established Campsite, through these regulations, it intends to provide the person adequate time to remove the Established Campsite before the City removes the Established Campsite, to secure any personal property with reasonable utility or reasonable value for the person to retrieve at a later date, and to clean the former Established Campsite to address threats to public health and safety.

Section 18-77 DEFINITIONS
The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended.

A. “Camp” or “Camping” means residing in or using any public property for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation for one or more nights, with the intent to camp.

B. “Camp Facilities” include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

C. “Camp Materials” includes but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, shopping carts, recyclable material and/or non-City designated cooking or heating facilities and similar equipment, or personal possessions that would facilitate one’s use of a park, public property, or any portion of the public right-of-way as a temporary residence.

D. “Critical Infrastructure” means real property or a facility, whether privately or publicly owned, that the City Council (with recommendations from the City Manager) by Resolution designates, from time to time, as being so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.
7 E. “Enforcement Personnel” means the employee(s) of the City, including but not limited to sworn police officers, and code enforcement officers authorized by the City to seek compliance with, and enforce, the regulations, requirements and rules of this.

F. "Established Campsite" means a location or locations in the public right-of-way or on City property where a Camp, Camps, and/or Camp Materials have been set up for twenty-four (24) hours or more.

G. “Fire Severity Zones” means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e., moderate, high, and very high).

H. “Greywater” means untreated wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and the like. It does not include any toilet discharge, unhealthy bodily wastes, or manufacturing wastes.

I. “Hazardous Water” means sewage, toilet discharge, unhealthy bodily wastes, manufacturing wastes and the like.

J. “Landscaped Area” means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs.

K. “Personal Property” means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

L. “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on City, county, or State park grounds.

M. “Public Property” means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; freeway on-ramps and off-ramps; publicly owned, maintained, or operated parks and/or playgrounds; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.

N. “Public Utilities” means every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof, as defined by Public Utilities Code section 216, and as amended.

O. "Rights-of-Way" means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular use, pedestrian use, utilities or 8 other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.

P. “School” means any institution, facility or organization, whether public or private, that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. School for purposes of this section does not include vocational or professional institutions of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.

Q. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

R. “Transportation Facility Loading Area” means that area within 200 feet of where trains, buses or any form of public transportation loads or unloads passengers.

S. “Vehicle” means a “motor vehicle” as defined by California Vehicle Code, section 415 and includes a “recreational vehicle” as defined by California Health and Safety Code, section 18010(a).

Section 18-78 RESTRICTIONS AND TIME, PLACE AND MANNER REGULATIONS It is unlawful and a public nuisance for any person to camp on Public Property when there is available space for the person(s) at a shelter location where the person(s) is eligible and is qualified to go. If there is no available shelter space, persons who do not have any other permanent residence or domicile and/or are involuntarily experiencing homelessness are permitted to camp on certain public property, provided the camping is occurring in compliance with the following time, place and manner regulations and consistent with any administrative rules and policies promulgated by the City Manager, or designee, adopted after the Effective Date of this Ordinance, in accordance with this Article. Notwithstanding the specific time, place and manner restrictions set forth in this Section or Article, camping, lodging (or other activities) in a public place in violation of any applicable State or Federal law is prohibited.

A. Time. Unless otherwise specified, any Camping or Camp, where allowed, may only occur for 24-hours at a time in any one location. After 24 hours in one location, the Camp and all associated Camp Materials must be moved at least one street block or 600 feet, whichever is greater, to another allowed location.

B. Place. Camping is not allowed at any time in any of the following places:

1. Within a residentially zoned property boundary or within any area zoned Residential, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

2. Within any Mixed-Use Overlay Zone, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

3. Any place where Camping, a Camp, or Camp Materials create a physical impediment preventing emergency or non-emergency ingress, egress or access to public or private property, including but not limited to, on public sidewalks, alleyway or other public rights-of-way, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property; and, within 15 feet of any fire hydrant. 9 4. Any vehicle lane, bicycle lane, roundabout within any public right-of-way, or Transportation Facility Loading Area.

5. Within 1000 feet from any shelter both established for emergency evacuations as well as approved under the Porterville Municipal Code and/or approved consistent with any applicable provision of State or federal law.

6. On any street or public rights-of-way, unless expressly authorized by the City.

7. Within, or within 200 feet of, any School.

8. Within, or within 200 feet of, any Playground.

9. At the following public property: Porterville City Hall, any City-operated Community Center, Porterville Veterans Hall, Porterville Public Library, and Zalud House.

10. On or within 200 feet of riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly owned water, sewer or storm drain infrastructure (e.g. sewer lift stations, storm water pump stations or structures).

11. Within, or within 200 feet of, Critical Infrastructure.

12. Within, or within 200 feet of, either a very high Fire Severity Zone or a high Fire Severity Zone.

13. In or within 200 feet of Refuse Service Containers (all bin and curbside service containers, in addition to designated Refuse trash enclosures).

14. On or within a certain specified distance of any other Public Property as may be designated from time to time by Resolution of the City Council, with recommendations from the City Manager, Police Chief and Fire Chief, or their designees.

C. Manner. Camping, when and where allowed, is subject to all of the following limitations and regulations:

1. Individuals, Camp Materials, Camps, or personal property may not obstruct, block, prevent access to, or impede: sidewalk accessibility or passage; clear vision of moving vehicles or bicycles; usage of fire hydrants; usage or function of Public Utilities, Critical Infrastructure, or other City infrastructure; or, otherwise obstruct, block, prevent access to, or impede the use of the Rights-of-Way for vehicular, pedestrian, bicycle, or other passage.

2. A Camp or Camping shall be limited to a spatial footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restrictions set forth in this Chapter. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.

3. To prevent larger Camping sites from forming and the impacts to public health and safety that can result, a Camp shall not be within a one hundred fifty (150) foot radius of 10 any other Camp, unless otherwise explicitly authorized by City regulation, and only under such conditions adopted by the City and permitted by this Code.

4. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no reasonable utility or reasonable value, as determined by the City, in public rights-of-way, on City property, or on any adjacent public or private property.

5. Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Porterville Fire Department, or the Porterville Police Department, are prohibited. Types of flameless cooking stoves and other flameless devices for keeping warm, as consistent with this subsection, are permitted.

Additionally, any and all fires, to the extent allowed by this Section, must comply with all State and local laws.

6. Dumping of Greywater or Hazardous Water into any facilities or places not intended for Greywater or Hazardous Water disposal is prohibited. This includes but is not limited to City streets, public rights-of-way, public waterways and storm drains, which are not intended for disposal of Greywater or Hazardous Water.

7. Unauthorized connections or taps to Public Utilities, including but not limited to such connections or taps that cross over City property, roadways, rights-of-way, driveways, streets, sidewalks, and fences, and private property are prohibited.

8. Violations of building codes, fire codes, and other relevant codes or standards for health and safety are prohibited.

9. Obstruction of, or attachment of Camp Materials or personal property to, fire hydrants, utility poles, Public Utilities infrastructure, public infrastructure, fences, trees, vegetation, vehicles, bridges/infrastructure, or buildings is prohibited.

10. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable, are not structures for purposes of this section.

11. Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry, and only to the extent that such items are used in a safe manner.

12. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited.

13. All animals in the custody, ownership or companionship of an individual, must be leashed or crated at all times.

14. Camps shall consist of no more than two persons, two animals (e.g., dogs) that are leashed or crated at all times, and one tent.
11 Section 18-79 ENFORCEMENT
A. Voluntary Compliance. Before enforcement actions are taken in respect to this Chapter (with the exception of enforcement of subsection (B)(3) below), the enforcement personnel shall make a good faith effort to contact the person violating this Chapter and provide a reasonable opportunity to cure or remedy the alleged violation. Enforcement Personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local nonprofit assistance organizations and make a referral if it appears none has been made. The following shall be communicated to the person in a manner designed to help them understand the alleged violation:

1. A written or verbal description or identification of the activity constituting the alleged violation and identification of the recipient as being the person responsible for the violation;

2. A written or verbal statement that the enforcement personnel has determined the activity to be a violation;

3. A written or verbal statement of the action required to fix the violation and the time and/or date by which the violation must be fixed; and

4. A written or verbal statement advising that if the violation is not fixed within the time specified, enforcement actions may be imposed.

B. Notice of Violation

1. 72 Hour Notice. Prior to implementing any of the enforcement mechanisms provided for in this Chapter to remove an Established Campsite and/or Camp Facilities because of violations of this Chapter, the Enforcement Personnel shall provide occupants of an Established Campsite or Camp Facilities, at least 72 hours in advance of any action to remove the Established Campsite or Camp Facilities, notice both to remove the camp within 72 hours consistent with the requirements of this Chapter as well as of the intent by the City to remove the Established Campsite or Camp Facilities in no less than 72 hours (the “notice”). The notice shall be in writing and shall be posted on or near the Established Campsite or Camp Facilities, so as to reasonably communicate the notice to persons living at the Established Campsite or Camp Facilities but not present during the attempt to provide notice. In addition, the Enforcement Personnel shall make a good faith effort to personally provide the written notice to the occupant(s) of the Established Campsite or Camp Facilities present at the time the Enforcement Personnel posts the notice. Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp within 72 hours consistent with the requirements of this Chapter shall constitute a violation of this Chapter. The notice shall contain the following information:
a. The location of the Established Campsite or Camp Facilities; b. The date and time notice was posted;
c. A statement that the Established Campsite or Camp Facilities violates this Chapter; d. An advisement that the City will remove the Established Campsite or Camp Facilities 72 hours after the date and time of the notice;
12 e. Information about any housing, shelter or homeless services available for occupants of the Established Campsite or Camp Facilities, the phone number and address to contact in order to obtain such housing, shelter or homeless services, if available, and information about obtaining free transportation, if available, to such housing, shelter or homeless services;
f. An advisement that any personal property remaining at the Established Campsite or Camp Facilities site when the Enforcement Personnel returns to remove the Camp Facilities will be impounded for no fewer than 90 days, or as provided for by applicable law, and will be discarded thereafter if not claimed; and g. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, being a staging or storage area managed by the Porterville Fire Department – Code Enforcement Unit, or as otherwise designated by the City, and that the City will charge no fee for storage or retrieval.

2. Less Than 72 Hour Notice. The notice detailed above may establish a shorter time for the removal of the encampment if the Enforcement Personnel have determined the conditions at the Established Campsite or Camp Facilities requires removal of the Established Campsite or Camp Facilities in less than 72 hours to avoid a potential emergency or threat to public health or safety, such as possible site contamination by hazardous materials or when there is reasonable potential danger to human life or safety. Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp consistent with the requirements of this Chapter shall constitute a violation of this Chapter.

3. Illegal Activity or Exceptional Emergency. Enforcement personnel may remove an Established Campsite or Camp Facilities without providing the notice described above in the following circumstances:
a. When there is probable cause for law enforcement officials to believe that illegal activity, other than camping, is occurring at an Established Campsite or Camp Facilities, or in the immediate vicinity of an Established Campsite or Camp Facilities; or b. When there is probable cause for law enforcement officials to believe that the property that comprises an Established Campsite or Camp Facilities is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or
c. In the event of an exceptional emergency, such as significant evidence of site contamination by hazardous materials or when there is immediate danger to human life or safety.

C. Removal of an Established Campsite or Camp Facilities. If the occupant(s) fail to comply with the request for voluntary compliance set forth in subsection A above, and after the enforcement personnel comply with the requirements set forth in subsection B above, any Camp, Camp Materials, or personal property in violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, and the enforcement personnel may take appropriate actions to 13 remove an Established Campsite or Camp Facilities and enforce this Chapter, consistent with the following:

1. When removing Camp Facilities, or individuals, Camp Materials, or personal property from an Established Campsite, enforcement personnel will make reasonable efforts to remove individuals without the use of force or citation.

2. When removing personal property, the City shall make reasonable efforts to determine if the property belongs to an individual and has any reasonable utility or reasonable value. The City shall make reasonable efforts to identify which Established Campsite the property was removed from, to aid in connecting people with their property. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.

3. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be provided to law enforcement officials.

4. Following removal of personal property from City property or rights-of-way, the City shall post a notice at or as near as possible to the location the property was collected and on the City's website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

5. After an Established Campsite or Camp Facilities has been removed, then at the recommendation of the Police Chief or Fire Chief on the basis of public health and safety, the City Manager may order that no camp be set up in that same location or a 100-foot radius for up to 30 days. The City shall post signs informing the public that camping is prohibited at the location for the specified period of time.

D. Removal and Storage of Personal Property or Camp Materials During Removal of an Established Campsite or Camp Facilities. Personal property or Camp Materials may be removed from City rights-of-way, City property, or a Camp, during removal of an Established Campsite or Camp Facilities pursuant to Section C above, if in violation of the provisions of this Chapter, as provided for herein.

1. Personal property removed from City rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of ninety (90) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

2. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.
14 3. The City will store personal property at a storage facility at or near a designated City facility, where people can reasonably retrieve belongings. Notwithstanding any otherwise applicable City policy or procedure, all items collected and stored pursuant to this Chapter that reasonably appear to have a monetary value at the time of collection of less than one thousand dollars ($1,000) shall be stored at a storage facility, and items that reasonably appear to have a monetary value at the time of collection of one thousand dollars ($1000) or more shall be separately stored for safekeeping with the Porterville Police Department (“MBPD”).

4. The City will make reasonable efforts to provide a range of times the storage facility will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed after ninety (90) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

Section 18-80 VIOLATIONS
A citation for a violation of this Article shall be for an infraction. At the City's discretion, it may issue Administrative Citations under Chapter 2, Article 14 of this Code. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. Additionally, the City reserves the right to enforce this Article in accordance with Chapter 1, Sections 1-9 and 1-10 of this Code, to the extent consistent with this Article and Section.

Section 18-81 SUSPENSION OF ENFORCEMENT
The City Council, Manager, or designee, as otherwise specified is specifically authorized to modify or suspend enforcement of any section or part of this Article in the event of a declared emergency, pursuant to applicable State or Federal Law, City regulations, administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Council or City Manager's authority, regardless of whether an emergency has been declared. In addition, the City Manager may suspend the enforcement of regulations contained in this Chapter when the City Manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person’s disability, or as further set forth in any administrative policies implementing this Article adopted by the City Manager, or designee pursuant to Section 18-82.

Section 18-82 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with this Chapter, or for other reasons that may support discretion in enforcement.

Section 18-83 METHODS OF ENFORCEMENT NOT EXCLUSIVE
15 Methods of enforcement for violations of this Chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the City is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

Section 18-84 OVERNIGHT CAMPING ON PRIVATE PROPERTY
It is unlawful to camp on private property without the property owner’s consent, or to camp on private property in such a manner in violation of applicable law or this Code or as to cause blight or a public nuisance, or to disturb the peace and quiet enjoyment of the adjacent property owners and neighbors.

For the purposes of this section, an unlawful encampment includes but is not limited to an area of private property , upon which any person has settled or located, or which they occupy, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and/or which is occupied or inhabited by such person in violation of section 103 of the California Building Code or Chapter 7 of this Code (Uniform Building Codes as adopted by the City). Camping inside a motor vehicle shall only be permitted if done in a manner otherwise consistent with this Section and if otherwise (and to the extent) permitted under this Code or applicable law.

Notwithstanding the other restrictions in this Section, camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation, any trafficking in illegal drugs, or with such frequency, intensity or duration as to constitute a use of land prohibited under Chapter 21 of this Code (zoning regulations), nor where any fee, charge or other monetary consideration is collected for the privilege of Camping or for any services or the use of any facilities related thereto (unless such use/activity has been expressly permitted by the City).

Notwithstanding this Section or other applicable regulations in this Code, camping, lodging (or other activities) on private property in violation of any applicable State or Federal law is prohibited.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 4. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions or policies, and the like, in conflict with those sections amended or added herein to the Porterville Municipal Code, are hereby expressly superseded by this ordinance.

SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage and adoption.

SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

Current Expansion Option 1 Expansion Option 2 Expansion Option 3 2 Modular Shelter
Units (15 beds)
1 Kitchen/Dining building 1 Kitchen/Dining building 1 Kitchen/Dining building 1 Office Building Additional Office Space Additional Office Space Additional Office Space 1 Laundry room 1 Public Bathrooms/
Shower building (4)
1 Public Bathrooms/
Shower building (4)
1 Public Bathrooms/
Shower building (4)
(Does not include Site work) (Does not include Site work) (Does not include Site work) Additional Beds
Emergency Bed Overnight
Overflow (Max Capacity 50)
10 Emergency/Bridge Beds 30 Emergency/Bridge Beds
Initial Capital Investments $ - $ 1,100,000 $ 1,500,000 $ 2,500,000 Annual Operation Expenses $ 1,641,236 $ 1,856,384 $ 2,063,145 $ 2,667,892 Total $ 1,641,236 $ 2,956,384 $ 3,563,145 $ 5,167,892
Difference $ 215,148 $ 421,909 $ 1,026,656
Amenities
Expansion Options Summary
@CITYOFSANDIEGO

UNSAFE CAMPING ORDINANCE
San Diego Municipal Code – Chapter 6, Article 3, Division 4 @CITYOFSANDIEGO

OVERVIEW
The City of San Diego’s Unsafe Camping Ordinance, approved in June 2023, established new regulations prohibiting
encampments on public property and codifying how, when
and where the City may abate or conduct enforcement related to violations of the regulations. Enforcement of the ordinance will begin July 31, 2023.

This document is meant to provide an overview of SDMC 63.0404 To read the full ordinance, please visit sandiego.gov/city-clerk.

If you are experiencing homelessness and would like to access shelter or services, please dial 2-1-1 or visit 211sandiego.org.

IMPLEMENTATION
The City of San Diego is implementing the Unsafe Camping Ordinance in a way that is coordinated across all City departments.

Outreach: For weeks leading up to the start of enforcement, the City’s non-law enforcement outreach teams worked to educate individuals living in encampments near schools and parks that the ordinance was passed and enforcement may begin soon.

Scaled Approach: Enforcement of the ordinance will be a scaled approach – starting first near schools and parks most impacted by encampments.

Signage: Per the ordinance, the City is installing signage in several locations citywide identified as being sensitive areas impacted by homeless encampments that may cause a risk to public health and safety near schools and parks. These locations will be addressed first, then additional locations throughout the city will be evaluated for signage.

PROGRESSIVE ENFORCEMENT
The San Diego Police Department uses a “progressive enforcement” model to provide a consistent approach to enforcement. Officers are trained to always offer shelter to individuals prior to taking enforcement action and continue to provide offers for shelter and services at each subsequent interaction. Enforcement related to SDMC 63.0404 is outlined as follows. Other quality of life crimes may follow other enforcement procedures.

SHELTER IS OFFERED AT EVERY POINT OF CONTACT
Education
of the Law
Contact #1 Contact #2 Contact #3
Misdemeanor
Citation
Potential
for Arrest
@CITYOFSANDIEGO

UNSAFE CAMPING ORDINANCE
San Diego Municipal Code – Chapter 6, Article 3, Division 4

ABATEMENT PROCEDURE
If shelter is available, officers may enforce for violations of SDMC 63.0404 on any person camping on public property.

Regardless of shelter availability, officers may enforce violations in the following locations:

The Unsafe Camping Ordinance standardized a citywide process for how the City’s Environmental Services Department notices and addresses encampments and property found at encampments. The following steps outline how abatements will be carried out:
• Within two blocks of K-12 schools.
• Within two blocks of a shelter.
• Along trolley tracks and transportation hubs.
• In City parks, where a substantial public health and safety risk is determined. • In any open space, waterway or banks of a waterway.
• 24 hours written notice posted at the encampment.
• Crews perform abatement of the encampment after the 24-hour notice period. • Store any items of value* and post a notice for how to retrieve items. • Abate any debris or items remaining in the area.

Officers may enforce violations of other laws throughout the city related to homeless encampments, including when there is an immediate threat to public safety or the person is wanted in connection to another crime. *Items eligible for storage include items with apparent utility such as identification and paperwork, medication, art, musical instruments and other items.

Crews document the following:
• Photograph or video of the site before abatement.
• Items eligible for storage as outlined in the ordinance. • Photograph or video of the cleanup process.
• Photograph or video the site after the abatement.

BEFORE AFTER
San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
Ch. Art. Div.
6 3 4 1
Article 3: Public Parks, Playgrounds, Beaches, Tidelands and other Property Division 4: Encampments on Public Property
(“Encampments on Public Property” added 6-29-2023
by O-21674 N.S.; effective 7-29-2023.)
§63.0401 Purpose
The Council finds that the City is committed to protecting the life, health, and safety of all people in the City and finds that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this Division to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property. (“Purpose” added 6-29-2023 by O-21674 N.S.; effective 7-29-2023.) §63.0402 Definitions
For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in section 63.0406.

Camp means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.

Camp paraphernalia means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

Ch. Art. Div.
6 3 4 2
San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.

Open space has the same definition as in San Diego Municipal Code section 63.0102(b).

Park has the same definition as in San Diego Municipal Code section 63.0102(b).

Shelter means any City-funded shelter or shelter provided as part of the City’s Coordinated Intake System for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the City’s website and is available through 2-1-1 San Diego.

Waste has the same definition as in San Diego Municipal Code section 54.0202.

Waterway means all the portions of Chollas Creek, Los Peñasquitos Creek, San Diego River, San Dieguito River, and Tijuana River found within the boundaries of the City of San Diego.
(“Definitions” added 6-29-2023 by O-21674 N.S.; effective 7-29-2023.) §63.0403 Protection of Waterways
(a) It is unlawful for any person to do any of the following:
(1) build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation, (2) move boulders or large rocks, destroy vegetation, paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway,
(3) drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use, (4) dig on the banks of a waterway, or
San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
Ch. Art. Div.
6 3 4 3
(5) discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway. (b) Nothing in section 63.0403 is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority. (“Protection of Waterways” added 6-29-2023 by O-21674 N.S.; effective 7-29-2023.) §63.0404 Unauthorized Encampments on Public Property
(a) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, beach, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager.
(b) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment where such activity poses:
(1) an immediate threat or an unreasonable risk of harm to any natural person,
(2) an immediate threat or an unreasonable risk of harm to public health or safety, or
(3) disruption to vital government services.
(c) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
(1) within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of section 63.0404(c) does not include a vocational or professional institution of higher education, including a community or junior college, college, or university; Ch. Art. Div.
6 3 4 4
San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
(2) within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians; (3) in any open space, waterway, or banks of a waterway; (4) within any transit hub, on any trolley platform, or along any trolley tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
(5) in any park where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. For purposes of this section 63.0404(c)(5), the definition of park does not include open space or beach areas, as defined in section 63.0102(b), or beaches, bays, or wetlands.
(“Unauthorized Encampments on Public Property” added 6-29-2023 by O-21674 N.S.; effective 7-29-2023.)
§63.0405 Enforcement
(a) Violations of this Division may be prosecuted as misdemeanors subject to the fines and custody provisions in San Diego Municipal Code section 12.0201. (b) Law enforcement officers shall not issue a criminal citation to enforce a violation of section 63.0404(a) between the hours of 9:00 p.m. and 5:30 a.m. or when the person is on public property at a time when there is no available shelter. For purposes of this Section 63.0405(b), available shelter means the shelter is reasonably available to the person at the time enforcement is taking place and taking into consideration any disability or other specific circumstances applicable to that person.
(c) Sections 63.0403 and 63.0404(b) and (c) are enforceable at all times regardless of shelter availability.
(“Enforcement” added 6-29-2023 by O-21674 N.S.; effective 7-29-2023.) San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
Ch. Art. Div.
6 3 4 5
§63.0406 Abatement of Encampments
The City Manager may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:
(a) Written Notice Required Prior to Abatement
(1) A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 24 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the City Manager to provide accurate and current information:

You must remove your belongings from the site within
24 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice if
belongings are stored during the clean-up process.

If you wish to minimize the risk of losing valued
belongings, you should try to keep those belongings on
your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

If you think your belongings were stored, you can claim them by following the directions on the Impound Notice
after the clean-up is complete. Information about how to claim your belongings is also available on the City’s
website. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.

You may access shelter or services, including access to storage for your personal belongings, through the City of San Diego’s website or by calling 2-1-1 San Diego.

Ch. Art. Div.
6 3 4 6
San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
(2) After 24 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.
(b) The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:
(1) When shelter is available, the City Manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable. (2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the San Diego Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this Division.
(c) The City Manager shall document the abatement process as follows:
(1) photograph or video record the site before any abatement begins, (2) open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage, (3) set out items contained in bags or suitcases and photograph the items, (4) photograph or video record all items to be stored,
(5) photograph or video record the cleanup process, and (6) photograph or video record the site after abatement has concluded.

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
Ch. Art. Div.
6 3 4 7
(d) Unclaimed items found in abatement shall be eligible for storage if:
(1) circumstances indicate that the item belongs to a person, (2) the item has apparent utility in its current condition and circumstances, and
(3) the item can be safely retrieved from the site.

Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility. (e) An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
(1) hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
(2) likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; (3) practically un-storable, due to large size, weight, or other similar characteristic;
(4) contraband or stolen; or
(5) is on the City Manager’s current list, published on the City’s website, of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
(f) The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused following the process in San Diego Municipal Code section 54.0212.

Ch. Art. Div.
6 3 4 8
San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings
(7-2023)
(g) After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices at the location of the abatement that includes information how a person can claim stored items.

Information about retrieval of stored items shall also be available on the City’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.
(h) Expedited Abatement
(1) In an expedited abatement, the City Manager shall follow the same abatement and storage procedures in section 63.0406, but shall post a Notice of Clean-Up giving a minimum of three hours for all persons to remove their personal property.
(2) The City Manager shall prioritize and expedite the removal of an encampment if:
(A) the City receives direction from County of San Diego or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
(B) the City Manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
(“Abatement of Encampments” added 6-29-2023 by O-21674 N.S.; effective 7-29-2023.)

1 OBJECTID Number PreDir StreetName StreetType CommonName Type Symbology UnitNumber Address 1 61 W OAK AVE PORTERVILLE TRANSIT CENTER Facilities Transit 61 W OAK AVE 2 2700 W TEAPOT DOME AVE PORTERVILLE FAIRGROUNDS Facilities Fairgrounds 2700 W TEAPOT DOME AVE 3 700 N NEWCOMB ST SKATE PARK Facilities Recreation 700 N NEWCOMB ST 4 2701 W SCRANTON AVE OHV PARK Facilities Recreation 2701 W SCRANTON AVE 5 97 N PARK DR CITY POOL Facilities Pool 97 N PARK DR
6 256 E ORANGE AVE HERITAGE COMMUNITY CENTER Facilities Community Center 256 E ORANGE AVE 7 50 W OLIVE AVE PORTERVILLE PUBLIC LIBRARY Facilities Library B 50 W OLIVE AVE UNIT B 8 291 N MAIN ST CITY HALL Facilities City Hall 291 N MAIN ST 9 256 E ORANGE AVE MARGARET J SLATTERY LIBRARY Facilities Library 256 E ORANGE AVE 11 555 N PROSPECT ST CORPORATION YARD Facilities City Services 555 N PROSPECT ST 12 280 N FOURTH ST SANTA FE DEPOT Facilities City Services 280 N FOURTH ST 13 393 N HOCKETT ST ZALUD HOUSE Facilities Museum 393 N HOCKETT ST 14 300 E OLIVE AVE JUSTICE CENTER Facilities Law 300 E OLIVE AVE 15 257 N D ST PORTERVILLE MUSEUM Facilities Museum 257 N D ST 16 185 N D ST ANIMAL SHELTER PRIMARY Facilities City Services 185 N D ST 17 65 W MILL AVE US POST OFFICE Facilities Post Office 65 W MILL AVE 18 211 N MAIN ST FAMILY CRISIS CENTER Facilities Services 211 N MAIN ST 19 14 N MAIN ST PUBLIC DEFENDER Facilities Law 14 N MAIN ST 24 480 N HENRAHAN ST US FOREST SERVICE Facilities Governemnt Services 480 N HENRAHAN ST 98 980 S JAYE ST PORTERVILLE PUBLIC SAFETY BUILDING Facilities City Services 980 S JAYE ST 100 1893 S NEWCOMB ST PORTERVILLE MUNICIPAL AIRPORT Facilities Airport 1893 S NEWCOMB ST 514 1061 W HENDERSON AVE CSET Facilities County Services 1061 W HENDERSON AVE 630 313-315 W HENDERSON AVE FAMILY SERVICES OF TULARE COUNTY Facilities County Services 313 W HENDERSON AVE 914 15 E THURMAN AVE PARKS AND LEISURE SERVICES Facilities City Services A 15 E THURMAN AVE #A 931 1900 W OLIVE AVE PORTERVILLE VETERANS MEMORIAL BUILDING Facilities City Services 1900 W OLIVE AVE 1157 1333 W GRAND AVE WASTE WATER TREATMENT FACILITY Facilities City Services 1333 W GRAND AVE 1158 1063 W HENDERSON AVE TULARE COUNTY EMPLOYMENT CONNECTION Facilities County Services 1063 W HENDERSON AVE 1159 1055 W HENDERSON AVE TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY Facilities County Services 1055 W HENDERSON AVE 1160 1055 W HENDERSON AVE TULARE COUNTY PROBATION DEPARTMENT Facilities County Services 1055 W HENDERSON AVE 1161 890 W MORTON AVE US SOCIAL SECURITY ADMINISTRATION Facilities Governemnt Services 890 W MORTON AVE 1167 300 INDIAN RESERVATION DR TULE RIVER TRIBAL COUNCIL Facilities Tribal 300 INDIAN RESERVATION DR 1168 1839 S NEWCOMB ST TULARE COUNTY SHERIFFS OFFICE Facilities Governemnt Services 1839 S NEWCOMB ST 1193 259 N MAIN ST TULARE COUNTY CHILD SUPPORT SERVICES Facilities County Services 259 N MAIN ST 1214 1013 E OLIVE AVE PORTERVILLE CEMETERY Facilities Cemetery 1013 E OLIVE AVE 1223 1124 E SUCCESS DR PORTA VISTA PUBLIC UTILITIY Facilities Utility 1124 E SUCCESS DR 1234 1331 S SECOND ST PORTERVILLE CALTRANS Facilities State Services 1331 S SECOND ST 1238 563 W GIBBONS AVE ST ANNES CEMETERY Facilities Cemetery 563 W GIBBONS AVE 1240 1960 W SCRANTON AVE SOUTH COUNTY DETENTION FACILITY TULARE COUNTY Facilities County Services 1960 W SCRANTON AVE 1263 1061 W HENDERSON AVE TULARE COUNTY GOVERNMENT PLAZA SOUTH Facilities County Services 1061 W HENDERSON AVE 1308 16 E OLIVE AVE DA OFFICE Facilities Law 16 E OLIVE AVE 1320 12261 ROAD 216 PORTERVILLE PD RANGE Facilities Governemnt Services 12261 ROAD 216 1326 29 N PLANO ST ARMY NATIONAL GUARD Facilities Governemnt Services 29 N PLANO ST 1333 565 E SCRANTON AVE VANDALIA CEMETERY Facilities Cemetery 565 E SCRANTON AVE 1360 165 N D ST ANIMAL SHELTER SECONDARY Facilities City Services 165 N D ST 1429 220 E MORTON AVE SEQUOIA NATIONAL FOREST HEADQUARTERS Facilities Governemnt Services 220 E MORTON AVE 32 534 N E ST PORTERVILLE SCHOOL DISTRICT School Office 534 N E ST 52 465 W OLIVE AVE PORTERVILLE HIGH SCHOOL School School 465 W OLIVE AVE 53 960 N NEWCOMB ST MONACHE HIGH SCHOOL School School 960 N NEWCOMB ST 54 1701 E PUTNAM AVE GRANITE HILLS HIGH SCHOOL School School 1701 E PUTNAM AVE 55 261 E MULBERRY AVE CITRUS HIGH SCHOOL School School 261 E MULBERRY AVE 57 900 W PIONEER AVE BUTTERFIELD CHARTER HIGH SCHOOL School School 900 W PIONEER AVE 58 335 N G ST BARTLETT MIDDLE SCHOOL School School 335 N G ST 59 225 E COLLEGE AVE PIONEER MIDDLE SCHOOL School School 225 E COLLEGE AVE 60 1450 W CASTLE AVE SEQUOIA MIDDLE SCHOOL School School 1450 W CASTLE AVE 61 197 W BELLEVIEW AVE BELLEVIEW ELEMENTARY School School 197 W BELLEVIEW AVE 62 1045 E ORANGE AVE JOHN J DOYLE ELEMENTARY School School 1045 E ORANGE AVE 63 500 E MULBERRY AVE LOS ROBLES ELEMENTARY School School 500 E MULBERRY AVE Proposed Critical Infrastucture Facilities_List.xls
2 64 701 W WESTFIELD AVE MONTE VISTA ELEMENTARY School School 701 W WESTFIELD AVE 65 255 W OLIVE AVE OLIVE STREET ELEMENTARY School School 255 W OLIVE AVE 66 388 N ROCHE ST ROCHE AVENUE ELEMENTARY School School 388 N ROCHE ST 67 286 E ORANGE AVE SANTA FE ELEMENTARY School School 286 E ORANGE AVE 68 271 E COLLEGE AVE VANDALIA ELEMENTARY School School 271 E COLLEGE AVE 69 1345 W PUTNAM AVE WEST PUTNAM ELEMENTARY School School 1345 W PUTNAM AVE 70 1151 W PIONEER AVE WESTFIELD ELEMENTARY School School 1151 W PIONEER AVE 71 1414 W OLIVE AVE PORTERVILLE ADULT SCHOOL School Special Education Center 1414 W OLIVE AVE 72 175 S MATHEW ST SUMMIT CHARTER ACADEMY MATHEW CAMPUS School School 175 S MATHEW ST 73 15550 REDWOOD ST SUMMIT CHARTER COLLEGIATE ACADEMY School School 15550 REDWOOD ST 74 1509 N LOMBARDI ST SUMMIT CHARTER ACADEMY LOMBARDI CAMPUS School School 1509 N LOMBARDI ST 75 2375 W MORTON AVE BURTON ELEMENTARY SCHOOL School School 2375 W MORTON AVE 76 1873 W MULBERRY AVE OAK GROVE ELEMENTARY SCHOOL School School 1873 W MULBERRY AVE 77 2573 W WESTFIELD AVE WILLIAM R BUCKLEY ELEMENTARY SCHOOL School School 2573 W WESTFIELD AVE 78 252 N WESTWOOD ST JIM MAPLES ACADEMY School School 252 N WESTWOOD ST 79 1155 N ELDERWOOD ST BURTON MIDDLE SCHOOL School School 1155 N ELDERWOOD ST 80 100 E COLLEGE AVE PORTERVILLE COLLEGE School College 100 E COLLEGE AVE 81 15518 REDWOOD ST SUMMIT CHARTER INTERMEDIATE ACADEMY School School 15518 REDWOOD ST 82 385 N F ST ST ANNES SCHOOL School School 385 N F ST
83 254 W ORANGE AVE TULARE COUNTY CHILD CARE EDUCATION PROGRAM School Special Education Center 254 W ORANGE AVE 84 2293 E CRABTREE AVE ALTA VISTA ELEMENTARY SCHOOL School School 2293 E CRABTREE AVE 85 613 W TEAPOT DOME AVE HOPE ELEMENTARY SCHOOL School School 613 W TEAPOT DOME AVE 86 900 W PIONEER AVE PORTERVILLE MILITARY ACADEMY School School 900 W PIONEER AVE 87 1051 S PLANO ST LB HILL LEARNING CENTER School Special Education Center 1051 S PLANO ST 88 645 N PROSPECT ST PROSPECT EDUCATION CENTER School Special Education Center 645 N PROSPECT ST 180 265 W HENDERSON AVE HOOPS PRESCHOOL School Preschool 265 W HENDERSON AVE 232 600 W GRAND AVE PORTERVILLE UNIFIED SCHOOLS School Office 600 W GRAND AVE 364 314 N MAIN ST SAN JOAQUIN VALLEY COLLEGE School College 314 N MAIN ST 524 420 N E ST KRAYOLA KORNER School Preschool 420 N E ST 769 81 N G ST PORTERVILLE 1ST BAP PRESCHOOL School Preschool 81 N G ST 1189 264 N WESTWOOD ST BURTON SCHOOL DISTRICT School Office 264 N WESTWOOD ST 1190 331 N F ST ST ANNES PRESCHOOL School Preschool 331 N F ST 1200 111 N VILLA ST HAPPY HEARTS CHILDERNS CENTER School Preschool 111 N VILLA ST 1256 632 W GRAND AVE PORTERVILLE SCHOOLS WAREHOUSE School Office 632 W GRAND AVE 1261 1061 S PLANO ST LB HILL PRESCHOOL School Preschool 1061 S PLANO ST 1386 822 W PIONEER AVE VINE COMMUNITY DAY SCHOOL School Special Education Center 822 W PIONEER AVE 1409 245 W WALNUT AVE CHILDRENS CENTER SCHOOL School Preschool 245 W WALNUT AVE Proposed Critical Infrastucture Facilities_List.xls
Item No. 17.

CITY COUNCIL AGENDA – MARCH 5, 2024
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT: At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of February 20, 2024, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

HISTORY:

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 17.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 17.
rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

On August 2, 2023, Council Member Meister was made aware of the lack of drinking water and apparent lack of occasional water availability in the Del Oro Water Company system in the Springville area. During the March 2023 floods, six of the twelve water systems wells were damaged, several of which were damaged beyond repair. City staff was contacted by the Office of State Senator Shannon Grove in regard to the City-County Well Agreement, which dictates that at the request of the State and County, the City shall provide 3,000,000 gallons of water per month for the purpose of meeting emergency water needs in County jurisdiction and shall not charge the State or County for the water.

Senator's Grove's Office has been coordinating with the State and Self-Help Enterprises in the potential placement of temporary tanks until Del Oro has completed its repair projects to sufficiently meet its customer demands.

Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new Item No. 17.
well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Item No. 17.

Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but Item No. 17.
within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed. At its meeting on August 2, 2022, the Council authorized $1,074,948 for the drilling phase of Well 34 (Akin). At its meeting on October 3, 2023, the Council accepted the drilling phase as complete, with the final construction cost of $865,402. The equipping phase is the next step in having this well online by the 2024 calendar year.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Item No. 17.

Council approved proceeding with the consolidation of the Beverly Grand water system.

Consolidations and capacity projects continue to be a priority for completion.

The city is in the final stages of constructing the remaining capacity for the East Porterville consolidation, with the equipping of Well No. 37, funded by the State Water Board, which is in the Bid process and expected to be completed by March 2026.

The City of Porterville and the entire Central Valley experienced significant rainfall during the storm events of March 2023, making it the third-wettest year since 1968-1969. With the impact of the annual precipitation received during 2023, the State of California is no longer identifying areas of significant drought. Staff would request the Council to consider shifting from the ongoing Declaration of Local Emergency and allow for future updates to be provided to the council at the time of monthly conservation reports.

RECOMMENDATION: That the City Council receive and review the Declaration of Local Emergency, and determine the need no longer exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. City-County Well Agreement - May 10, 2016

3. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

4. State of California State of Emergency Proclamation: April 21, 2021

5. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

6. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

7. Governor Newsom Executive Order N-7-22: March 28,
2022

8. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022

9. Governor Newsom Executive Order N-5-23: March 24,
2023

10. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Item No. 17.

Final Approver: Jason Ridenour, Acting Deputy City Manager

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

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, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation 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.

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

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

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, including the California Emergency Services Act, 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. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED 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 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:

Repeal sections:

Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).

OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.

This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
~X ~ ~d ~ S7 ll ~ '~ ~ r ,~ ~ ~~~li~ ~~i" °• _ «<-~ only ~,'.;?~ bffi~e c u ~ ~.e~ ,'~;1 ~,° ~;,;. _ ~(fhv S~.~ of ~~~nmi~
~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation

2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179

8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.

SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022

TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board

ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.

Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 105$.5, Water Code.

References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350

3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under 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 drought conditions.

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED 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.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 2 of 24 ends

Porterville City CouncilMarch 5, 2024

Porterville City Council
March 5, 2024