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 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
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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.
2. Tentative Parcel Map No. 2024-001 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.
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.
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d. 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. e. Prior to recording the Final Parcel Map, the developer/applicant shall provide improvements by 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."
f. 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
g. 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
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h. 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.
i. 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.
j. 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.
k. 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. l. 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.
m. 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.
n. The developer/applicant shall design the parking lot in conformance with Chapter 304 of the Development Ordinance if the project includes establishment, alteration, Resolution No. ____-2024
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. o. 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.). p. 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.
q. 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. r. 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. s. 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.
t. 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.
u. 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.
v. 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 Resolution No. ____-2024
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’. w. 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.
x. 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.
y. The developer/applicant shall 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 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. z. The developer/applicant shall consult with and implement all requirements of the California Department of Transportation (Caltrans).
3. The City Council of the City of Porterville does hereby approve Conditional Use Permit (PRC 2021-028-C) subject to the following conditions:
a. No alcohol advertising shall be displayed and/or viewed from the outside of the building.
b. Upon approval of the conditional use permit, any future change in operation which Resolution No. ____-2024
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.
c. 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. d. 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. e. Pursuant to Section 601.10(d) the City Council may revoke the permit if it makes any of the following findings:
i. That approval was obtained by means of fraud or misrepresentation of a material fact;
ii. That the use in question has ceased to exist or has been suspended for one year or more;
iii. 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 iv. 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.
f. Based on the site plan parking provided shall meet the following parking requirements:.
i. 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.
ii. 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
iii. Service Station: 2 per service bay, if service bays are included on site. 1 per 200 sq. ft. of any convenience store on site.
g. Site parking designs shall comply with PDO §304.10. Specific items are summarized below:
i. 304.10(e) All parking stalls shall be clearly outlined with striping, and all Resolution No. ____-2024
aisles, approach lanes and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.
ii. 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) foot-candle and a maximum average of three (3) footcandles of light over the parking surface during the hours of use from onehalf (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.
iii. 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. iv. 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:
• Landscaped planting strips at least four feet (4') wide between rows of parking stalls;
• Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
• Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
• On site landscaping at the parking lot perimeter.
v. 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:
• Between every eight (8) stalls in any nonresidential development; vi. 304.10.(i)(7) Trees shall be planted to result in fifty percent (50%) shading of parking lot surface areas within fifteen (15) years. • Distribution: Trees shall be distributed relatively evenly throughout the parking area.
• 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".
• 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.
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h. Site shall comply with PDO 300.10 site screening standards:
i. 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 roofmounted 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. ii. Parking Areas. Parking areas shall be screened from view from public streets and adjacent residential properties according to the following standards:
• 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.
• Materials. Screening may consist of one (1) or any combination of the methods listed below.
o Walls. Low-profile walls consisting of decorative concrete, stone, or masonry materials.
o 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.
o 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.
o Berms. Berms planted with grass, ground cover, or other low-growing plant materials.
iii. 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.
i. 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 driveway 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.
j. The developer/applicant shall comply with the PDO §305 Signs. i. Allowable permanent signage types include: awning and canopy, marquee, monument, freestanding, projecting, wall, and window. Total sign allowance is calculated at 3 square feet per one linear foot of building frontage within the CR zone. Signs require building permit.
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ii. §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:
• 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.
iii. §305.10(h)Other Sign Types
• 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:
• 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. • 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.
• 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.
• 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.
• 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. iv. All signage including temporary signs require permit prior to installation. k. 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.
i. 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 Resolution No. ____-2024
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.
l. Development shall comply with the PDO §306 Performance Standards. i. 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.
PASSED, APPROVED, AND ADOPTED this 19th day of March, 2024. ____________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By _________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 14.
CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Request for a Modification of Conditional Use Permit 8-2008 to Upgrade from a Type 20 Off-Sale License to a Type 21 Off-Sale Alcohol License for Sherwood Handy Market
SOURCE: Community Development
BACKGROUND: n/a
COMMENT: The applicant is requesting a modification to Conditional Use Permit 8- 2008 to upgrade from a Type 20-Off Sale alcohol license to a Type 21 OffSale in order to allow for the sale of beer, wine, and distilled spirits in conjunction with Sherwood Handy Market located at 1907 E. Morton Avenue. The project is located in the CN (Neighborhood Commercial) Zone District and has a General Plan Land Use of Neighborhood Commercial. Section 301.02 of the Porterville Development Ordinance requires a Conditional Use Permit for any use involving the sale of alcoholic beverages.
The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 36.01 and allows for six (6) onsale and seven (7) off-sale licenses without being deemed overconcentrated. Census Tract 36.01 currently contains zero (0) On-Sale licenses for alcohol sales and two (2) Off-Sale licenses. Approval of the requested modification to CUP 8-2008 would not change the number of offsale licenses within the census tract, as it would be an upgrade from an existing Type 20 Off-Sale alcohol license. The hours of operation during which alcoholic beverages would be sold shall be limited to 6:00 a.m. – 11:00 p.m. and any amendment to business hours that would modify this condition will be subject to a modification of this permit.
ANALYSIS: The subject site is consistent with the General Plan Land Use Designation and Zoning Standards for CN (Neighborhood Commercial). The CN designation is intended to encourage convenience and neighborhood shopping areas,providing day-to-day retail goods and services and to prohibit auto-oriented uses to maintain a pedestrian environment. The current use of a convenience store with alcohol sales would suit the purpose of the zone designation. The convenience store is a permitted use in the CN Zone District and the sale of alcohol under a Type-21 license will require the modification to the existing CUP 8-2008.
Item No. 14.
Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:
1. 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:
o LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city. o LU-G-3: Promote sustainability in the design and
development of public and private development projects. o 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.
o ED-G-2: Retain, improve, and promote existing businesses in Porterville.
o ED-G-5: Retain existing local businesses and foster local start-ups.
o ED-G-7: Create an image for Porterville that will attract and retain economic activity.
2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council. While the existing use of a convenience store with a service station and a type 20 off-sale alcohol sale is permitted under CUP 8-2008 the change of alcohol license to a type 21 off-sale is permitted with a modification to the existing CUP 8-2008 and is allowed within the CN zone, which is the implementing zone for the Neighborhood Commercial and is therefore consistent with the General Plan.
Staff would recommend the approval of the requested modification of Conditional Use Permit 8-2008 for Sherwood Market for the upgrade of alcohol license under a type 21 Off-Sale license with conditions.
ENVIRONMENTAL
REVIEW:
On January 31, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to Section 15061(b), (3) of the California Code of Regulation (CEQA Guidelines), under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Item No. 14.
RECOMMENDATION: That the City Council:
1. Hold a Public Hearing to receive public comments; and
2. Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15061(b), (3) of the California Code of Regulation; and
3. Adopt the draft resolution approving Modification to Conditional Use Permit 8-2008 for a Type 21 Off-Sale
subject to conditions of approval.
ATTACHMENTS: 1. Draft Resolution
2. Floor Plan
3. Locator Map
4. Tract 36.01
5. Site Plan
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. _____ - 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF REQUEST FOR A MODIFICATION OF CONDITIONAL USE PERMIT 8-2008 TO UPGRADE FROM A TYPE 20 OFF-SALE ALCOHOL LICENSE TO A TYPE 21 OFF-SALE ALCOHOL LICENSE FOR SHERWOOD HANDY MARKET, LOCATED AT 1907 W. MORTON AVENUE WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of March 19, 2024, conducted a public hearing to consider a Modification of Conditional Use 8- 2008 to upgrade from a type 20 Off-Sale alcohol license to a Type 21 Off-Sale alcohol license for Sherwood Handy Market, located at 1907 W. Morton Avenue; and WHEREAS: On March 8, 2024, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for March 19, 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: On March 1, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to the “General Rule” exemption §15061(b)(3), that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and WHEREAS: The applicant has a current, valid license with the State of California Department of Alcohol Beverage Control (ABC). As such, approval of the proposed upgrade would not result in an increase of ABC licenses within the census tract, nor will it result in an overconcentration of licenses within the census tract; and WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Modification of Conditional Use Permit 8-2008; and WHEREAS: Section 301.02 of the Porterville Development Ordinance requires Conditional Use Permit approval for any use involving the sale of alcoholic beverages under an on-sale or off-sale license; and
WHEREAS: The City Council made the following findings:
1. That 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 601.12 of the Porterville Development Ordinance.
2. The subject site is consistent with the General Plan Land Use Designation and Zoning Standards for CN (Neighborhood Commercial). The CN designation is intended to encourage Resolution No. ____-2024
convenience and neighborhood shopping areas providing day to day retail goods and services and to prohibit auto-oriented uses in order to maintain pedestrian environment. The current use of a convenience store with alcohol sales would suit the purpose of the zone designation.
The convenience store is a permitted use in the CN Zone District and the sale of alcohol under a Type-21 license will require the modification to the existing CUP 8-2008.
3. This project is exempt from CEQA pursuant to §15061(b)(3), CEQA only applies to projects that have the potential to cause a significant effect on the environment.
4. The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 36.01 and allows for six (6) on-sale and seven (7) off-sale are allowed without being deemed over-concentrated. Census Tract 36.01 currently contains zero (0) On-Sale licenses for alcohol sales and two (2) Off-Sale licenses. Approval of the request modification to CUP 8-2008 would not change the number of off-sale licenses within the census tract as it would be an upgrade from an existing Type 20 Off-Sale alcohol license.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve Conditional Use Permit (PRC 2023-038-C) subject to the following conditions:
1. No advertising of alcohol products shall be displayed and/or viewed from the outside of the building.
2. That the on-site consumption of alcoholic beverages shall be prohibited.
3. The use shall be conducted in compliance with all applicable local, state and federal regulations.
4. The Conditional Use Permit shall become null and void if not undertaken and actively and continuously pursued within one (1) year. The Conditional Use Permit will expire when the use ceases to operate for one year or more.
5. 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.
6. 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.
7. 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 Resolution No. ____-2024
Council may modify or revoke the conditional use permit as provided in Section 601.10 of the Porterville Development Ordinance.
8. 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.
9. The hours of operation during which alcoholic beverages may be sold shall be limited to 6:00 a.m. – 11:00 p.m. Any amendment to business hours that would modify this condition will be subject to a modification of this permit.
10. All activities associated with the proposed use shall be exclusively confined to the interior of the building to the extent permitted by Alcohol Beverage Control.
11. All signage, permanent and temporary are subject to Chapter 305 of the Porterville Development Ordinance.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2024. ____________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 15.
CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Request for a Conditional Use Permit (PRC 2023-038-C) to Allow the Establishment of a Barbershop with a Bar/Lounge and the Sale of Alcohol Under a Type 48 On-Sale Alcohol License for Sports Cuts Bar & Lounge, Located at 41 N Main Street
SOURCE: Community Development
BACKGROUND: On May 9, 2023 a business license inspection was performed at 41 N Main St., which listed deficiencies. The Fire Marshal responded in May 2023, for a follow-up inspection to review for compliance of the noted deficiencies.
During the follow-up inspection, several violations were noted, including possible code violations for construction and electrical improvements without permits and the sale of alcohol without the proper license. The business representative, Mr. Mathew Rosa was advised to cease operation of the activities that were triggering the violations and remediate them by contacting the City for a building permit that included the intended changes to his current business model. The business representative was given 10 days to provide the permit packet for review, should he engage a person, or firm, to prepare the documents, he would be eligible for an extension based on their availability to complete his project. Other than Fire inspections, it will be on a complaint basis after that. It was also noted that should he be serving alcohol in violation of the law, it will be referred to the appropriate agency for their review as well as the potential for Administrative Citations.
On September 13, 2023, the City was notified of another potential code violation, at which time there was an advertisement for an unapproved event being hosted at the location. The Fire Marshal responded, met with Mr. Rosa in person, and took action to have the event canceled.
As a result of those code violations, the City and the Applicant have been working together on solutions to bring this business into compliance with the requested business model, which resulted in the Staff bringing this item to council tonight.
COMMENT: The applicant is requesting approval of a Conditional Use Permit (CUP) to allow for the establishment of a Bar/Lounge in conjunction with a barbershop, Sports Cuts. The request includes the sales of alcohol under a Type 48 On-Sale General, which allows for the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Type 48 OnSale General also authorizes the sale of beer and wine for consumption off the premises where sold. The subject site is located at 41 North Main Item No. 15.
Street, in the DR-N (Downtown Retail North of Olive) Zone District. The Porterville Development Ordinance outlines that Bars/Lounges require the approval of a CUP under Table 202.02 Land Regulations – Downtown Districts. Also, section 301.03 of the Porterville Development Ordinance requires approval of a CUP for any use involving the sale of alcoholic beverages.
The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population.
Whenever the ratio of on-sale licenses to population in a census tract exceeds the average ratio for the county, an “undue concentration” of licenses is determined to exist. The subject site is located within Census Tract 38.02; this tract contains 20 licenses for alcohol sales; thirteen on-sale and seven off-sale. In Census tract 38.02, three (3) on-sale and four off-sale are allowed without being deemed over-concentrated. Approval of this onsale license/off-sale would be the fourteenth (14) on-sale license and eighth (8) off-sale license, eleven and four above the allowable, respectively, as determined by ABC. Due to the over-concentration of on-sale licenses, a Letter of Public Convenience or Necessity will be required.
ANALYSIS: Barbershops as well as beauty salons are permitted the serving of alcohol under the California Code, Business and Professions Code – BPC § 23399.5(c), where a license or permit is not required.
• A license or permit is not required for the serving of wine or beer as part of a beauty salon service or barber shop service if the following requirements are met:
1. There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the beauty salon service or barber shop service is the same regardless of whether beer or wine is served.
2. The license of the establishment providing the beauty salon service or barber shop service is in good standing with the State Board of Barbering and Cosmetology.
3. No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.
4. The beer or wine is provided only during business hours and in no case later than 10 p.m.
5. Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.
The subject site is consistent with the General Plan Land Use Designation and Zoning Standards for DR-N. The existing barbershop is a permitted use in the DR-N zone district, and the use of a Bar/Lounge may be permitted in that zone district with the approval of a Conditional Use Permit. The sale Item No. 15.
of alcohol under a Type-48 license in conjunction with the establishment will also require approval under the Conditional Use Permit. The DR-N designation is intended to maintain the pedestrian- and transit-oriented environment of retail, restaurants, services, and government offices with active commercial uses on the ground floor in the heart of Porterville’s Downtown. The proposed use of a Bar/Lounge with alcohol sales in conjunction with the barbershop would suit the purpose of the zone designation.
Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:
1. 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:
o LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city. o LU-G-3: Promote sustainability in the design and
development of public and private development projects. o LU-G-20: Enhance Porterville’s Downtown as a pedestrianorientated district that reflects local history and culture. o LU-G-21: Attract and rehab specialty retail and restaurant businesses that will enhance Porterville’s unique character. o ED-G-2: Retain, improve, and promote existing businesses in Porterville.
o ED-G-5: Retain existing local businesses and foster local start-ups.
o ED-G-7: Create an image for Porterville that will attract and retain economic activity.
2. 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. While the existing use of a barbershop is a permitted use in the DR-N zone, the addition of a Bar/Lounge with alcohol sales can be a conditionally-permitted use in the DR-N zone with approval of a Conditional Use Permit. The use is required to comply with all other applicable provisions of the DR-N zone, which is the implementing zone for the Downtown Retail North of Olive and is therefore consistent with the General Plan.
The applicant is not proposing any live entertainment, which would require subsequent Council approval, prior to offering live entertainment. The main activity occurring at this business would be cutting hair, while alcoholic Item No. 15.
drinks would be offered within the lounge area. The applicant has proposed a broad window, within which the barbershop and bar/lounge would operate. The barbershop will be open up to seven days per week, between 9:00 a.m. and 1:00 a.m. Staff has included in the draft resolution proposed conditions for the facility to operate and be maintained so as not to be detrimental to the public health, safety, or welfare of properties or improvements in the vicinity. The applicant cannot advertise or display anything regarding alcohol, that can be seen from the outside of the building.
Staff would recommend the approval of the requested Conditional Use Permit for the establishment of a barber shop with a bar/lounge and the request for a Type 48 On-Sale license with conditions that limit the sale of beer, wine, and distilled spirits for consumption on the premises only and no sale of beer and wine for consumption off the premises are to be sold.
ENVIRONMENTAL
REVIEW:
On March 5, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to Section 15061(b), (3) of the California Code of Regulation (CEQA Guidelines), under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
RECOMMENDATION: That the City Council:
1. Consider adopting the draft resolution approving a
Conditional Use Permit (PRC 2023-038-C) for a Type 48
On-Sale subject to conditions of approval;
2. Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15061(b), (3) of the California Code of Regulation; and
3. If CUP resolution is adopted, authorize the Mayor to sign the Letter of Public Convenience or Necessity.
ATTACHMENTS: 1. Floor Plan
2. Census Tract 38.02
3. Letter of Public Convenience and Necessity
4. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Acting Community Development Director Item No. 15.
Final Approver: Patrice Hildreth, City Manager
March 1, 2024
California Department of Alcoholic Beverage Control
Fresno District Office
3640 East Ashlan Ave
Fresno, CA 93726
ATTN: Christine Weldon
RE: Sports Cuts, 41 N Main Street, Porterville, CA
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 48 (OnSale General-Public Premises) for a barbershop at Sports Cuts Barbershop and Lounge, located at, 41 N. Main Street, 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 38.02, which allows three on-sale licenses. At the present time 13 on-sale licenses currently exist in this tract. Due to the over concentration of on-sale licenses a Letter of Public Convenience or Necessity was required.
2. On March 19, 2024, the City Council conditionally approved Conditional Use Permit (PRC 2023-038-C), review attached resolution, to allow the sale of beer, wine, and distilled spirits for consumption on the premises where sold, and the sale of beer and wine for consumption off the premises where sold, for a barbershop located at 41 N. Main Street, 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 48 (On-Sale General – Public Premises) alcohol license in conjunction with a barbershop.
Further issuance of an on-sale license allowing the sale of beer, wine, and distilled spirits for consumption on the premises where sold, and the sale of beer and wine for consumption off the premises where sold, 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 Downtown Retail policies that promote accessibility of services and goods within a convenient distance. The proposed Type 48 (On-Sale General – Public Premises), alcohol license for Sports Cuts Barbershop and Lounge 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 restaurant is permitted in the DR-N (Downtown Retail – North of Olive Avenue) 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 48 (OnSale General – Public Premises) license for Sports Cuts Barbershop and Lounge located at 41 N.
Main Street, Porterville, CA.
Sincerely,
Martha A. Flores, Mayor
Attachment: Resolution
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF CONDITIONAL USE PERMIT (PRC 20123-033-C) TO ALLOW FOR THE SALE OF ALCOHOL UNDER A TYPE 48 ON-SALE ALCOHOL LICENSE FOR SPORTS CUTS BARBERSHOP & LOUNGE LOCATED AT 41 N. MAIN STREET
WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of March 19th, 2024, conducted a public hearing to consider a Conditional Use Permit (PRC 2023- 38-C) to allow for the sale of alcohol under a Type 48 (On-Sale General – Public Premises) alcohol license for Sports Cuts Barbershop & Lounge located at 41 N. Main Street; and WHEREAS: On March 8, 2024, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for March 19, 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: On January 31, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to the “General Rule” exemption §15061(b)(3), that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 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 38.02; 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.
The subject site is consistent with the General Plan Land Use Designation and Zoning Standards for DR-N (Downtown Retail - North of Olive Avenue). The DR-N designation is intended to maintain the pedestrian and transit-oriented environment of retail, restaurants, services, and government offices, with active commercial uses on the ground floor in the heart of Porterville’s Downtown. The proposed barbershop, with alcohol sales, would suit the purpose of the zone designation. The barbershop is permitted use in the DR-N Zone, and alcohol sales may be permitted in that zone with a requested Conditional Use Permit.
2. That the proposed location of the project and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity.
Resolution No. ____-2024
Conditions of approval are included herein to ensure adequate operational standards are met.
The project is located within an existing building and is conditioned that all activities associated with the consumption of alcohol on premises, in association with the Type 48 onsale license shall be exclusively confined to the interior of the building in the designated lounge area.
Additionally, the project is conditioned to preserve public safety, health, and welfare to prevent the use from becoming a nuisance. The business must operate 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.
3. This project is exempt from CEQA pursuant to §15061(b)(3), CEQA only applies to projects that have the potential to cause a significant effect on the environment.
4. The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. Whenever the ratio of licenses to population in a census tract exceeds the average ratio for the county, an “undue concentration” of licenses is determined to exist. The subject site is located within Census Tract 38.02; this tract contains 20 licenses for alcohol sales: thirteen on-sale and seven off-sale. In Census Tract 38.02, three on-sale and four off-sale are permitted without being deemed over-concentrated. Due to the over-concentration of on-sale licenses a Letter of Public Convenience and Necessity is required.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the Conditional Use Permit (PRC 2023-038-C) subject to the following conditions:
1. No advertising of alcohol products shall be displayed and/or viewed from the outside of the building.
2. Live entertainment or dancing is not permitted; if in the future the license holder seeks to pursue such associated activities, a modification to this permit would be considered by the City Council.
3. Alcohol beverage servers and managers of the establishment shall have training and certified per the Responsible Beverage Service Training Program (RBSTP) as required by CA Assembly Bill 1221 and Assembly Bill 82 for on-premises alcoholic beverage servers and their managers. The regulations have been incorporated into the California Code of Regulations, Title 4, Article 25, Sections 160-173.
4. 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.
Resolution No. ____-2024
5. 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.
6. The applicant shall operate the establishment in such a manner as to preserve public safety, health, and welfare, 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.
7. 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.
8. The hours of operation proposed during which alcoholic beverages may be sold shall be limited to 9:00 a.m. to 1:00 a.m., seven days a week, Sunday through Saturday. Any amendment to business hours that would modify this condition will be subject to a modification of this permit.
9. The property is located in the Downtown Overlay District and any changes to the building shall comply with the Downtown Design Guidelines.
10. Trash and Refuse Collection Areas shall comply with Porterville Development Ordinance § 300.13 Trash and Refuse Collection Areas.
11. Signs shall comply with Porterville Development Ordinance § 305 Signs
12. The project shall comply with the latest applicable codes
13. For final comments from Fire, the applicant shall provide an independent occupant load analysis for the entire fire area, with the bar as an A-2, the barbershop as a B, and the unused suite to the north as its previous M occupancy.
14. Knox box access required (www.knoxbox.com)
Resolution No. ____-2024
15. Fire Extinguishers shall be placed to comply with the currently adopted edition of the California Fire Code
16. Address numbers shall be posted on the building and shall be visible from the street.
Installed numbers shall contrast with their background.
17. Vehicle impact protection bollards are required at the rear doors facing Hockett St. and shall comply with Section 312 of the currently adopted edition of the California Fire Code.
18. A back-flow device is required on the water meter.
19. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.
20. The use shall be conducted in compliance with all applicable local, state, and federal regulations.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2024. ____________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By _________________________________
Fernando Gabriel-Moraga, Deputy City Clerk
Item No. 16.
CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Council Authorization for Reorganization of Public Works Department to Accommodate the Transportation Department
SOURCE: City Manager's Office
COMMENT: As the City Council is aware, on January 2, 2024, the City provided notice of its intent to withdraw effective June 30, 2024, from its membership in the Tulare County Regional Transit Authority (TCRTA). As the transition from the City's participation in this JPA to reestablishing its in-house transit management operations, staff has analyzed options for this move for the greatest efficiencies.
In this analysis, staff determined the most efficient and proactive solution would be to establish a Transportation Department which would oversee the management and operations of both transit and the Municipal Airport.
Regulated by the Federal agencies of the FTA and FAA, the combination of the Divisions of Transit and Airport into one Department simply makes sense. It not only provides for the ability to undertake the significant task of reestablishing the City's transit operations, but it also provides for the opportunity to have a more direct proactive focus on the City's airport which has long been an asset with great potential for the City. Given the increasing demands on the Public Works Department with the significant focus on water, legislative changes in refuse/recycling, and a priority focus on streets, the separation of transit from Public Works will provide for a more diversified management, span of control, and greater efficiencies.
With the establishment of a new department, it is also herein proposed to reallocate and amend the Assistant City Manager classification to specifically oversee the departments of Public Works, Transportation, and Engineering and Project Management (EPM). This proposed structural change would increase coordination and responsiveness - particularly between Public Works and EPM - in the execution of the City's expansive capital improvement work plan, as well as ensure needed communications and cohesiveness between Public Works and Transportation. Specifically, the proposed changes are as follows:
1. New Classification: Director of Transportation.
This individual would be a Department Director overseeing all aspects of Transit Operations and Airport Management. This individual will provide strategic direction and coordination for future planning and ensure compliance with regulatory requirements. It is proposed that this at-will classification be established at Salary Range 269 ($9,578 - $11,689). Transit Operation Funds and Porterville Municipal Airport Operation Funds will allocate funding for the Director of Transportation position.
Item No. 16.
2. Allocate: Administrative Aide.
Provides administrative support to the Director of Transportation and assists with various tasks, including scheduling, correspondence, and record-keeping.
This position plays a crucial role in facilitating the efficient operation of the transportation division. Allocation of funding from Transit Operations for the Administrative Aide, at Salary Range 187 ($4,233 - $5,166).
3. Allocate: Clerical Assistant I.
Provides clerical support to the transportation division, including data entry, filing, and document preparation. This position helps ensure the smooth day-today functioning of transit operations and airport management activities.
Allocation of funding from Transit Operations for the Clerical Assistant I, at Salary Range 149 ($2,900 - $3,539).
4. Allocate: Assistant City Manager
With the establishment of a Transportation Department, this position would report directly to the City Manager and would be responsible for providing direct oversight of the Departments of Public Works, Transportation, and Engineering and Project Management. This position will facilitate a higher level of coordination between the three departments, which is necessary in the efficient operations of both transportation, and the City's robust capital improvement program. Allocation of funding from Enterprise Funds and General Fund for the Assistant City Manager, at Salary Range 279 ($10,580 - $13,040).
The proposed reorganization of the Public Works Department and the City's Organizational Chart will enable the City to effectively and proactively manage Transit Operations and the Porterville Municipal Airport, and will increase coordination on the City's capital improvement program. By establishing the proposed positions and implementing the outlined strategies, the City can provide sufficient resources, funding, personnel, and equipment to support the City's activities and ensure its success into the future.
RECOMMENDATION: That City Council:
1. Approve the reorganization of the Public Works
Department and City's Organizational Chart to form a
Transportation Department;
2. Approve the Draft Transportation Director Job
Description;
3. Approve the establishment of a new Transportation
Director classification at Salary Range 269 ($9,578 -
$11,689);
4. Approve the allocation of one Assistant City Manager at Salary Range 279 ($10,580 - $13,040);
5. Approve the allocation of one Administrative Aide at Salary Range 187 ($4,233 - $5,166);
6. Approve the allocation of one Clerical Assistant I, at Item No. 16.
Salary Range 149 ($2,900 - $3,539).
ATTACHMENTS: 1. Job Description: Director of Transportation
2. Job Description: Administrative Aide
3. Job Description Clerical Assistant Trainee, I, II
4. Job Description_Assistant City Manager
5. Notice of Withdrawal from TCRTA
Appropriated/Funded:
Review By:
Department Director:
Patrice Hildreth, City Manager
Final Approver:
DIRECTOR OF TRANSPORTATION
DEFINITION
Under administrative direction, plans, directs and manages a variety of City operations and business services including transit, airport facilities, and equipment maintenance; performs related duties as required.
DISTINGUISHING CHARACTERISTICS
This is a department director position and serves as a member of the City’s management team.
The employee in this position works under the direction, is appointed by, and serves at the pleasure of the City Manager.
REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by the employee of this class. Not all assigned duties may be listed. Marginal duties are those which are non-essential job functions for this class.
1. Plans, organizes, and manages such City operations and regulatory compliance within the scope of Public Works, which includes traffic signal systems, equipment maintenance, transit, and airport facilities.
2. Supervises key management employees responsible for specific operations, regulatory compliances, reporting, and activities, and administrative support staff.
3. Implements City policy and applicable laws and regulations relating to Public Works, including transit, airport facilities, and all transportation related activities.
4. Provides staff assistance to the City Manager in conducting and presenting administrative studies and impact reports; prepares and monitors the department’s annual budget that includes general and enterprise funds; prepares and recommends funding sources for long range capital improvement plans; prepares and presents a variety of reports, both verbally and in writing.
5. Investigates and resolves complaints and disputes regarding subordinate activities and personnel; acts as source of information for City public works activities.
6. Serves as a member of the City’s management team; serves on the management team for meet and confer sessions; may participate in administrative studies in areas outside the scope of regular duties.
7. Represents the City at, and may serve on, various local, State and Federal regulatory boards and agencies for the City’s transit operations, and airport facilities.
8. May be assigned additional professional/managerial duties as necessary.
9. Represents and supports the policies and procedures established by the City Council and City Manager.
EMPLOYMENT STANDARDS
Education and/or Experience
Graduation from an accredited college with a Bachelor’s degree in business/public administration and five years of managerial experience which includes responsibility in municipal public works operations, or any combination of training and experience that provides the desired knowledge and abilities. A Master’s degree in public administration or a related field is desirable.
Knowledge of:
Theories, principles, methods and techniques of management, supervision and operation; operation and work methods typical of the function areas described above including budgeting and administration; principles and practices of municipal public works operation, including planning and development, design, construction, operations and maintenance.
Ability to:
Manage diverse operational activities; supervise employees including subordinate managers; understand and follow verbal and written directions; analyze unusual situations and resolve through application of City policies; develop comprehensive plans to satisfy future needs of department services; establish and maintain cooperative working relationships; communicate effectively, both verbally and in writing; deal with conflict situations and direct effective resolutions; establish and maintain effective working relationships with City officials, outside agencies and the general public.
Special Requirements
Possession of, and ability to maintain, a valid California Driver’s License.
Physical Demands
Sitting, standing, walking, some stooping and bending; dexterity and coordination to handle files and other references materials; occasional lifting of objects up to 25 lbs.; moving from place to place within an office; some reaching for items above and below desk level; strength, dexterity, coordination and vision to use a keyboard and computer.
WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors or noise; daily use of a computer; some travel by car may be required to attend meetings outside of normal business hours; long hours including evenings and weekends are frequently required.
Date Adopted:
Date Amended:
ADMINISTRATIVE AIDE
DEFINITION
Under general supervision, performs routine administrative tasks, field inspections, and difficult or complex clerical duties; performs related duties as required.
REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by employees in this class. An employee may not be assigned all duties listed and may be assigned duties which are not listed below. Marginal duties are those which are least likely to be essential functions for any single position in this class.
1. Researches, compiles, tabulates, and analyzes factual data; prepares written correspondence, draft reports, and makes written recommendations based on interpretation and analysis of factual data, policies, regulations, ordinances, work production records, simple technical documents, or observations.
2. Assists with goal setting for assigned projects; monitors progress; evaluates performance against established standards; recommends changes; reports on accomplishments to date.
3. Promotes and publicizes projects; prepares graphic displays and exhibits; designs brochures and pamphlets; writes press releases and public service announcements; answers public inquiries and investigates complaints; conducts facility tours; may present training sessions and workshops and make public presentation on work projects.
4. Makes field visits to observe and gather data to assess the project progress or investigate complaints; may attend meetings, seminars and presentations to remain current on job related topics.
5. Performs a variety of specialized clerical duties associated with projects and in support of the operation of the department; may function as special staff assistant or office manager and oversee the work of others.
6. Represents and supports the policies and procedures established by the City Council, City Manager, Department Heads, and Division Chiefs.
EMPLOYMENT STANDARDS
Education and/or Experience
Graduation from an accredited college with an Associate’s degree in business or related field and four years of clerical experience that involved independent research and/or report compilation or any combination of training and experience that provides the desired knowledge and abilities.
Knowledge of:
Municipal organization; data collection compilation and analysis techniques; graphic display and report writing styles and techniques; intergovernmental relations and administrative organization.
Ability to:
Collect, interpret, and analyze data; prepare graphic displays and written reports; read, understand and interpret regulations, ordinances, and simple technical documents; suggest procedural or work methods improvements; establish and maintain effective working relationships with superiors, peers, subordinates and the general public; communicate effectively, both verbally and in writing; use correct English including grammar, punctuation, and spelling; understand and follow verbal and written directions; analyze situations and resolve within established policy; type at a rate sufficient to perform duties.
Special Requirements
Possession of or ability to obtain a valid California Driver’s License.
Physical Demands
Strength, dexterity, coordination and vision to use keyboard and video display terminal for long periods of time. Dexterity and coordination to handle files and single pieces of paper; occasional lifting of objects weighing up to 25 lbs., such as files, stacks of papers, and other reference materials. Moving from place to place within an office; some reaching for items above and below desk level.
WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors, or noise. Video display terminal is used on a daily basis. Periodic contact with angry and upset individuals. Independent travel throughout area may be required.
Date Adopted: August 6, 1996
CLERICAL ASSISTANT TRAINEE, I, II
DEFINITION
Under general supervision, this class series performs a variety of routine to moderately difficult and specialized clerical duties including record maintenance, document preparation and review, answering questions and explaining routine procedures; performs related duties as required.
DISTINGUISHING CHARACTERISTICS
Clerical Assistant Trainee – is the entry and training level class of this series.
Employees are required to have basic skills, but no previous clerical experience.
Advancement to the full performance Clerical Assistant I is contingent upon successful completion of a predetermined training plan. Employees works under close supervision, performing repetitive and general clerical work of a routine nature such as copying, sorting, running errands, etc.
Clerical Assistant I – Employees perform a variety of routine clerical activities that do not require an in-depth knowledge of department procedures and/or an extensive skill level. Typical duties include receptionist duties, typing, simple word processing, data entry, basic record keeping and filing; answering procedural questions, and giving out factual information.
Clerical Assistant II – Employees perform a wide variety of general clerical duties including complex record maintenance, document processing and/or document production. Adequate performance at this level requires knowledge of departmental procedures and precedents, and the ability to choose among alternatives in solving problems.
REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by employees in this class. An employee may not be assigned all duties listed and may be assigned duties which are not listed below. Marginal duties are those which are least likely to be essential functions for any single position in this class.
1. Types a variety of documents in draft and final form; such as correspondence, standard forms, charts, proposals, specifications, and reports; types from written, recorded, printed sources and/or verbal instructions; proofreads materials for correct grammar, spelling and punctuation; composes routine memos and letters.
2. Prepares, validates, processes, and/or checks a variety of documents such as permit applications, client or project record, personnel/payroll records, requisitions, and invoices for completeness, accuracy and submission standards; maintains office supplies.
3. Receives work unit clients and answers calls; determines how incoming calls should be routed; directs people to appropriate offices or clients to proper information sources; answers routine questions; explains routine procedures, processes, or departmental activities; schedules appointments, training or examinations; accepts payments for fees, fines or bills; obtains routine factual information to create or update files; provides routine assistance in the completion of forms.
4. Sorts and/or files materials such as correspondence, contract documents, and client case information; maintains files; conducts systematic search for misplaced materials; maintains cross-reference files or indices; purges filing system.
5. Compiles routine reports and records by extracting and/or tabulating information from a variety of sources, such as files, correspondence, meeting notes, logs, previous reports, and/or verbal instruction.
6. Transfers professional and technical instructions to project or client files; researches reference materials to respond to client inquiries.
7. Operates a variety of office equipment, such as photocopiers, microfilm readers, and field dispatch equipment; may perform equipment/system maintenance checks; operates typewriter, data or word processing equipment to produce reports, correspondence, or forms; enter updates, and/or extracts stored information using such equipment.
8. May lead or provide general supervision to other clerical or program support personnel; may take and prepare simple minutes of unofficial meeting (e.g. department or public committees); may coordinate special library projects or be assigned specialized projects in support of departmental operations.
9. Receives, time stamps, routes and/or distribute materials; makes copies, collates or staples materials; folds, inserts and seals materials in envelopes; wraps, weighs and mails materials; packs or unpacks books and materials; delivers/picks-up material or mail; runs errands as necessary.
10. Assists with preparation and set up for meetings, scheduled events and calendared activities.
EMPLOYMENT STANDARDS
Education and/or Experience
Clerical Assistant Trainee- No experience or training required. Applicants must demonstrate an aptitude for learning clerical work as defined by the knowledge and abilities outlined below.
Clerical Assistant I- One year of clerical experience or any combination of training and experience that provides the desired knowledge and abilities.
Clerical Assistant II- Two years of increasing responsible clerical experience including frequent public contact, the use of journey level clerical skills or any combination of training and experience that provides the desired knowledge and abilities.
Knowledge of:
All Classes- office practices and procedures; office equipment operations; correct English usage including spelling, grammar and punctuation; public contact techniques.
Clerical Assistant II- record management; operation of word processing software applications; letter composition and report preparation.
Ability to:
All Classes- use correct English grammar, punctuation and spelling; understand and follow verbal and written instructions; alphabetize or numerically/chronologically sort materials; operate a variety of office equipment; receive and provide information both in person and over the phone; establish and maintain effective working relationships with supervisors, peers and the general public.
Clerical Assistant II- work independently; set up and maintain records and files; proofread; assemble data and compile report information; understand and apply rules, regulations, policy and procedures; perform accurate and rapid arithmetic calculations; meet the public with courtesy and tactfulness; communicate effectively both verbally and in writing; operate a variety of office equipment.
Skill in:
Clerical Assistant I/Trainee- typing/keyboarding operation at a rate of 40 wpm.
Clerical Assistant II- Typing/keyboarding operations at a rate of 45 wpm.
Special Requirements
Possession of or ability to obtain a valid California Driver’s License may be required.
Physical Demands
Strength, dexterity, coordination and vision to use keyboard and video display terminal for long periods of time. Dexterity and coordination to handle files, and single piece of paper; occasional lifting of objects weighting up to 25 lbs. such as files, stacks of paper, reference and other materials. Moving from place to place within an office; some reaching from items above and below desk level.
WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors, or noise. Computer is used on a daily basis. Periodic contact with angry and upset individuals.
Date Adopted: August 6, 1996
ASSISTANT CITY MANAGER
DEFINITION
The Assistant City Manager is an exempt management position. The Assistant City Manager, along with the Deputy City Manager, is a principal assistant to the City Manager; and as directed, acts for the City Manager in his/her absence; within the City Manager’s office is responsible, in conjunction with the City Manager and Deputy City Manager, for managing the day-to-day activities of the various departments, with direct oversight of the Departments of Engineering and Project Management, Public Works, and Transportation.
DISTINGUISHING CHARACTERISTICS
General supervision is received from the City Manager. Exercises supervisory responsibilities in conjunction with the City Manager and Deputy City Manager over professional and support staff, and City personnel. This is a department director position and serves as a member of the City’s management team. The employee in this position works under the direction, is appointed by, and serves at the pleasure of the City Manager.
REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by the employee of this class. Not all assigned duties may be listed. Marginal duties are those which are non-essential job function for this class.
1. Serves as a principal assistant to the City Manager in a variety of administrative, coordinative, analytical and liaison capacities, and serves as Acting City Manager upon the request or absence of the City Manager and/or Deputy City Manager.
2. As assigned, either personally or through others, undertakes a variety of special studies and projects.
3. Serves as the Public Works Director, and also oversees the Departments of Transportation, and Engineering and Project Management.
4. Assists the City Manager in keeping the City Council apprised of municipal matters and intergovernmental issues for potential policy and/or public relations determinations.
5. As directed, provides management advice and assistance to operating departments, with a focus on Public Works, Engineering and Project Management, and Transportation.
6. Under the direction of the City Manager, exercises overall responsibility for the delivery of City services.
7. Assists the City Manager overseeing the preparation of the City Budget.
8. Coordinates department activities with those of other City departments.
9. Assists in identifying training needs and session planning. Develops strategies for same.
10. Assists in the formulation and implementation of City policies and procedures.
11. Interacts with other city and county agencies on a regular basis.
12. Interacts with the public on a regular basis and attends various city and public events.
13. Performs other duties as assigned by the City Manager.
EMPLOYMENT STANDARDS
Knowledge of:
Thorough knowledge of modern municipal government principles and practices, particularly as they apply to overall city government.
Skills:
1. General management skills to include goal setting, planning, organizing, staffing, decision making, coordinating, problem solving, conflict resolution, negotiations, budget preparation, and administration.
2. Excellent writing and speaking skills.
Education:
Bachelors degree from an accredited university or college in a field of study appropriate to municipal management, or any combination of training and experience that provides the desired knowledge and abilities. A Masters degree in public or business administration is desirable.
Experience:
A minimum of five years of progressively more responsible and varied experience in public management; municipal management experience preferred.
Special Requirements:
Sitting, standing, walking, some stooping and bending; dexterity and coordination to handle files and other references materials; occasional lifting of objects up to 25 lbs.; moving from place to place within an office; some reaching for items above and below desk level; strength, dexterity, coordination and vision to use a keyboard and computer.
License:
Possession of a valid Class C California driver’s license.
WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors or noise; daily use of a computer; some travel by car may be required to attend meetings outside of normal business hours; long hours including evenings and weekends are frequently required.
Item No. 17.
CITY COUNCIL AGENDA – MARCH 19, 2024
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on March 5, 2024, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.
Chronology:
On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.
On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.
On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.
On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.
Item No. 17.
On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.
On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.
On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.
To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding (MOU) in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, 2023 to May 5, 2023.
Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with Item No. 17.
the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.
Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.
Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).
On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.
Item No. 17.
On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.
On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.
On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.
On August 4, 2023, Governor Newsom issued Executive Order N-10-23 to streamline levee repairs and debris removal to help local communities recover from flooding and prepare for the next wet season.
At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.
In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.
TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, Item No. 17.
July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. Declaration of Local Emergency - March 13, 2023
2. Resolution No. 11-2023
3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023
4. Tule River Banks Mandatory Evacuation Order - March 19, 2023
5. Governor Newsom Executive Order N-6-23
6. Governor Newsom Executive Order N-7-23
7. Governor Newsom Executive Order N-10-23
8. Federal Disaster Declaration Fact Sheet - April 3, 2023
9. License to Use State Military Property - April 14, 2023
10. City and County Memorandum of Understanding for
Shelter Support
11. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023
12. License to Use State Military Property - May 16, 2023
13. Federal Disaster Declaration Notice - July 14, 2023
14. Resolution No. 15-2023
15. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment
16. Royal Restrooms Invoice: Mobile Shower-Restroom Units
17. Rain for Rent Pump Invoice
18. Mike Clark Trucking Invoice
19. TopKnotch Security, Inc. Agreement
20. Good Guard Security, Inc. Agreement
21. Armory Daily Census
22. Municipal Code Chapter 9 - Civil Defense and Disaster
23. California Government Code 8558
Appropriated/Funded:
Review By:
Department Director:
Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 17.
Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.
Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.
2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph
3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.
4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.
5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.
6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.
The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.
8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.
9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.
10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________
GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.
2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:
To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.
3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:
The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:
In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.
6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:
For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.
7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:
To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:
The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.
9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:
The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.
The Water Board shall post on its internet website all reports received pursuant to this subparagraph.
10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.
11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.
2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.
3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.
4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.
Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.
5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.
Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.
As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.
Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.
Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.
As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.
Sincerely,
Andrew Lockman
Office of Emergency Services Manager
Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS
LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:
Subtotal:
Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.
If you have any questions please call 800-457-3728
or e-mail [email protected].
Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person
JESSE PINTOR
REMIT PAYMENTS TO:
RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354
CITY OF PORTERVILLE
PAYMENT
DUE
PO or JOB#
1854595 4/29/2023
PLEASE PAY
ADDRESS
ADDRESS
NAME
CUSTOMER #
CUSTOMER
CONTRACT # 1169502
CITY OF PORTERVILLE
NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67
PHONE PHONE
Notes:
Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU
DAYS PRICE AMOUNT TAXABLE
BILLED
1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06
1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:
TOTAL SALES:
TOTAL SERVICES:
SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.
PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.
SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1
AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:
Email:
Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):
Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.
Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.
This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:
1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.
2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.
3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.
4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.
5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.
6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).
7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.
8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.
9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.
10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.
11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.
12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.
13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.
14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.
IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:
By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager
Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:
Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38 0 4
Wednesday, January 17, 2024 33 0 4
Thursday, January 18, 2024 33 0 4
Friday, January 19, 2025 33 0 4
Saturday, January 20, 2024 36 0 4
Sunday, January 21, 2024 38 0 4
Monday, January 22, 2024 36 1 4
Tuesday, January 23, 2024 34 1 4
Wednesday, January 24, 2024 32 1 4
Thursday, January 25, 2024 38 1 4
Friday, January 26, 2025 35 1 4
Saturday, January 27, 2024 32 1 4
Sunday, January 28, 2024 36 1 4
Monday, January 29, 2024 34 1 4
Tuesday, January 30, 2024 40 1 5
Wednesday, January 31, 2024 36 1 5
Thursday, February 1, 2024 36 1 5
Friday, February 2, 2024 36 1 5
Saturday, February 3, 2024 27 1 5
Sunday, February 4, 2024 33 1 5
Monday, February 5, 2024 29 1 5
Tuesday, February 6, 2024 33 1 5
Wednesday, February 7, 2024 37 1 5
Thursday, February 8, 2024 34 1 5
Friday, February 9, 2024 37 0 5
Saturday, February 10, 2024 38 0 5
Sunday, February 11, 2024 39 0 5
Monday, February 12, 2024 35 0 5
Tuesday, February 13, 2024 38 0 5
Wednesday, February 14, 2024 37 0 5
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Monday, March 4, 2024 35 0 9
Tuesday, March 5, 2024 38 0 9
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Thursday, March 7, 2024 35 0 9
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State of California
GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.)