Agenda packet — Porterville City Council, April 2, 2024

City Council Agenda April 2, 2024

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 2, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of April 2, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83163832592?pwd=Vujpq0EHOm_-dR2Y_jVkRBf25ZuxVQ.LT6YjZG7DhXZt7T Or via Telephone: 1-669-900-6833 Webinar ID: 831 6383 2592 Passcode: 301322 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 268-100-005. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Thomas J. and Deborah L.

O'Sullivan Trust. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Austin Schwery. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Flora Kehl. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Maria Carmen Perez. Agency claimed against: City of Porterville.

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One (1) case in which facts are not yet known to potential plaintiff.

City Council Agenda April 2, 2024

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6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Flores
Invocation

PRESENTATIONS
Employee of the Month - Lucie Leon

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Approval of Draft Minutes of March 19, 2024
Re: Considering approval of the City Council draft Minutes of March 19, 2024.

2. Fire Department Vehicle Repair
Re: Consideration to authorize the Fire Department vehicle repair by Porterville Collision and Cook’s Communications at a cost not to exceed $37,050.06 (inclusive of all parts, taxes, and labor, including a 20% contingency of $6,175.01).

3. Authorization for Replacement Printer/Copier/Scanner for the Engineering & Project Management Department
Re: Consideration to authorize the lease agreement of a printer/copier/scanner for the Engineering & Project Management Department from California Surveying & Drafting Supply, Inc. in the amount of $731.98 per month for the duration of the lease (up to 36 months).

4. State of California Department of Transportation Delegated Maintenance Agreement Amendment
Re: Consideration to approve the State of California Department of Transportation Delegated Maintenance Agreement Amendment; and authorize staff to submit a letter of acceptance of the amended agreement that allocates an additional $50,000 for the Litter Abatement Program from the State Department of Transportation.

5. Authorization to Execute Consultant Services Agreement - West Street Extension Improvements Project
City Council Agenda April 2, 2024

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Re: Consideration to authorize staff to execute the Consultant Service Agreement for the design of the project with Peters Engineering Group in the amount of $858,300 (inclusive of 10% contingency) and to appropriate an additional $608,300 in Measure R Regional Funds to fully fund the project.

6. Request for Will Serve Letter – 220 S. Maurer Street Re: Consideration to adopt the draft resolution approving a second water connection service to the existing property located at 220 S. Maurer Street (APN 262-022-002) in East Porterville, for the development of a future residential dwelling unit on the property.

7. Intent to Set a Public Hearing - Vacation of a Portion of College Avenue Re: Consideration of a draft resolution rescinding Resolution No. 05-2024 and approving a draft resolution of intent to vacate and close to public use an improved segment of College Avenue at Main Street, and setting the public hearing for May 7, 2024.

8. Acceptance of the University of California, Davis Grant for the Pet Pantry and Pest Control Program
Re: Consideration to accept the University of California, Davis Grant in the amount of $81,561.00.

9. National Law Enforcement Training on Child Exploitation in Atlanta, Georgia Re: Consideration to approve out-of-state travel for Detective Duane Cornett to attend the National Law Enforcement Training on Child Exploitation Conference in Atlanta, Georgia.

10. Approval of Community Civic Event - Pink Heals Tulare County Chapter - Rollin' Relics Car Show - May 11, 2024
Re: Consideration to approve the Community Civic Event application from Pink Heals Tulare County Chapter to hold the Rollin' Relics Car Show on May 11, 2024, at Veterans Park, from 7:00 AM to 4:00 PM.

11. Request for Proclamation - Arbor Day - April 26, 2024 Re: Considering approval of a request to proclaim April 26, 2024, as "Arbor Day" in the City of Porterville.

12. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

13. Public Hearing and Consideration of An Ordinance Regulating Unsafe and Unauthorized Camping and Storage of Personal Property, and the Protection of Critical Infrastructure, and Mitigation of Harm to Public Health, Safety and Welfare Re: A public hearing and consideration of First Reading Ordinance No. 1905, An Ordinance of the City Council of the City of Porterville Repealing Article VII of Chapter 18 (Sections 18-76 through 18-83) of the City of Porterville Municipal Code and Replacing it with Chapter 18, Article VII.

SCHEDULED MATTERS
City Council Agenda April 2, 2024

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14. The Homelessness, Drug Addiction, and Theft Reduction Act / Initiative Re: Council to consider the information regarding the Homelessness, Drug Addiction, and Theft Reduction Act/Initiative; and consider a Letter of Support to the Californians for Safer Communities Coalition.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Tulare County Association of Governments (TCAG) - March 18, 2024 (Report Carried Over)

2. Council of Cities- March 20, 2024

3. City Selection Committee - March 20, 2024

4. Tulare County Task Force on Homelessness - March 20, 2024

5. Tulare County Economic Development Corporation (TCEDC) - March 27, 2024

6. Tulare County Regional Transit Agency (TCRTA)/Budget & Finance Committee - March 28, 2024

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of April 16, 2024, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

Item No. 1.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Approval of Draft Minutes of March 19, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of March 19, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of March 19, 2024.

ATTACHMENTS: 1. Draft Minutes 03-19-2024
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Acting Administrative Services Director Final Approver: Yuliana Andrade, Acting Administrative Services Director

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CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 19, 2024, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-030. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Ana Alcantar. Agency Claimed Against: City of Porterville.
3 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Four (4) cases in which facts are not yet known to Potential Plaintiffs.
4- Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases.
6:34 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-2, as follows:

A-2. On a MOTION made by Council Member Meister, and SECONDED by Council Member Beltran, the City Council unanimously rejected the claim filed by Ana Alcantar.

Documentation: M.O. 01-031924
Disposition: Claim rejected.

The Pledge of Allegiance was led by Vice Mayor Carrillo.

Invocation – a member of the public came forward and gave an invocation.

PRESENTATIONS
Parks Master Plan

ORAL COMMUNICATIONS

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• Richard Hatfield, Porterville, stated his concern of the Porterville College Street Improvement Plan near his property is the traffic that it would create and potential safety concern for the public.
• David Horowitz, Porterville, spoke of the homeless encampments near his residence. • Cathy Capone, Porterville, spoke briefly about the California Arbor Week tree planting that was conducted at an earlier date.
• Ed McKervey, Porterville, echoed Cathy Capone's comments regarding the Tree Planting and spoke of the undeveloped areas of the Tule River Parkway and suggested that we continue to develop the Sports Complex as a competitive regional park. • Shawn Byars, Porterville, stated that he is not opposed to the Porterville College Street Improvement Project, but would like to see a barrier or wall along the road to help mitigate any safety concerns that could arise.
• Stacey Doyle, Porterville, echoed the sentiments of both the previous speakers Richard Hatfield and Shawn Byars and their concerns related to the Porterville College Street Improvement Plan.
• Kristy Martin, Porterville Chamber of Commerce, provided council with recent and upcoming events.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - March 7, 2024 – no report was provided.

2. Library & Literacy Commission - March 12, 2024
Commissioner Edith La Vonne reported on February participation statistics and highlights for Virtual Story Time, Adult Book Club, Bilingual Story Time, Family Literacy Services, Bring Your Own Game Day, Young Adult Book Club, the Thousand Books Before Kindergarten Challenge. Commissioner Edith La Vonne also mentioned the 115th Library Birthday Celebration and other recent events.

3. Arts Commission – no report was provided.

4. Animal Control Commission – no report was provided.

5. Youth Commission - March 13, 2024 – no report was provided.

6. Transactions and Use Tax Oversight Committee (TUTOC) - February 27, 2024 – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - February 2024

2. New Porterville Rescue Mission Update

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CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Meister that the City Council approve Items Nos. 1-12. The motion carried unanimously.

1. AUTHORIZATION TO REPAIR CITY WELL NO.15
Recommendation: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Carver Pump for an amount not to exceed $22,081 (inclusive of all parts, taxes, and contingency) for the replacement parts for City Well No. 15; and

2. Direct the Finance Director to make payment to Carver Pump upon receipt of the invoice approved by the Public Works Director.

Documentation: M.O. 02-031924
Disposition: Approved.

2. AUTHORIZATION TO NEGOTIATE A CONSULTANT CONTRACT -

SANTA FE BYWAY PUBLIC ARTIST
Recommendation: That the City Council authorize staff to negotiate a scope of services contract with Adrian Litman Art & Design for the art component of the Santa Fe Byway Revitalization and Beautification Project.

Documentation: M.O. 03-031924
Disposition: Approved.

3. MURRY PARK POOL CONCESSION LICENSE RENEWAL
Recommendation: That the City Council approve the renewal of the Murry Park Pool Concession License with Valley Paradigm Corporation for a three-year term.

Documentation: M.O. 04-031924
Disposition: Approved.

4. AUTHORIZATION FOR THE BARN THEATER TO SELL SAFE AND

SANE FIREWORKS FROM THE CITY'S PARKING LOT AT THE BARN

THEATER
Recommendation: That the City Council authorize the Barn Theater to sell fireworks on APN 261-210-007 adjacent to the Barn Theater and authorize the City Manager or their designee to sign the Safe and Sane Fireworks Property Use Declaration.

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Documentation: M.O. 05-031924
Disposition: Approved.

5. 2023 GENERAL PLAN ANNUAL PROGRESS REPORT
Recommendation: That the City Council review the 2019-2023 General Plan Annual Progress Reports and direct the Planning Division to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

Documentation: M.O. 06-031924
Disposition: Approved.

6. 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
Recommendation: That the City Council review the 2023 Annual Housing Element Progress Report and direct the Planning Division to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

Documentation: M.O. 07-031924
Disposition: Approved.

7. HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) GRANT

APPLICATION
Recommendation: That City Council:

1. Adopt the draft Resolution approving the submittal of a HOME Investment Partnership Program (HOME) funding application for $500,000 for the continuation of the First Time Low Income Homebuyer Program;

2. Authorize the Mayor to execute all documents pertaining to the HOME program; and

3. Authorize the Community Development Director to execute, in the name of the City of Porterville, project drawdown requests, and all other administrative documents required by the California Department of Housing and Community Development or the U.S. Department of Housing and Urban Development for administration of the HOME Program.

Documentation: Resolution No. 10-2024
Disposition: Approved.

8. RENEWAL OF AIRPORT LEASE AGREEMENT LOT NO. 34D

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Recommendation: That the City Council approve the renewal of the Lease Agreement between the City and Scott Creager for Lot No. 34D at the Porterville Municipal Airport for a term of fifteen (15) years.

Documentation: M.O. 08-031924
Disposition: Approved.

9. RENEWAL OF AIRPORT LEASE AGREEMENT LOT NO. 34E
Recommendation: That the City Council approve the renewal of the Lease Agreement between the City and Michael and Debbie Quatacker for Lot No. 34E at the Porterville Municipal Airport for a term of ten (10) years.

Documentation: M.O. 09-031924
Disposition: Approved.

10. RENEWAL OF AIRPORT LEASE AGREEMENT LOT NO. 36
Recommendation: That the City Council approve the renewal of the Lease Agreement between the City and Matthew Quatacker for Lot No. 36 at the Porterville Municipal Airport for a term of ten (10) years.

Documentation: M.O. 10-031924
Disposition: Approved.

11. APPROVAL FOR COMMUNITY CIVIC EVENT - OPTIMIST

CLUB/PUSD/BSD - PORTERVILLE CELEBRATES READING - APRIL
13, 2024
Recommendation: That the City Council approve the Community Civic Event application from the Optimist Club of Porterville, Porterville Unified School District, and Burton School District to hold the "Porterville Celebrates Reading" event on Saturday, April 13, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 11-031924
Disposition: Approved.

12. APPROVAL OF COMMUNITY CIVIC EVENT - PARENTING
NETWORK - CALLING ALL SUPERHEROES - APRIL 17, 2024
Recommendation: That the City Council approve the Community Civic Event application from the Parenting Network to hold the "Calling All Superheroes" event on Wednesday, April 17, 2024, subject to the requirements and restrictions

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contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 12-031924
Disposition: Approved.

PUBLIC HEARINGS

13. NORTH GRAND CONDITIONAL USE PERMIT (PRC NO. 21-2028-C)

AND TENTATIVE PARCEL MAP PUBLIC HEARING CONTINUANCE
Recommendation: That the City Council:

1. Continue the opened public hearing from March 5, 2024 and receive public comments;

2. Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15303 and 15315 of the California Code of Regulation; and

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

City Manager Hildreth introduced the item and City Planner Jeff O’Neal presented the staff report.

Mayor Flores continued the previously opened Public Hearing at 7:41 p.m. • David Horowitz, Porterville, spoke in opposition of the proposed project. • Rebecca Gonzalez, Porterville, spoke in opposition of the proposed project.

Mayor Flores closed the Public Hearing at 7:51 p.m. when no one else came forward to speak.

Council asked questions posed by the community related to the traffic and safety concerns in the area of the proposed project, to which staff and representatives stated that the planning into the project will be able to address most if not all the concerns that have been addressed by members of the public. Staff also mentioned that proper noticing requirements for the Public Hearing were sent to those properties who were within a 500-foot radius of the project area.

Staff indicated they would recommend a different finding of California Environmental Quality Act exemption which is Section 15301- Existing Facilities, and not the listed Sections 15303 And 15315.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Vice Mayor Carrillo that the City Council continued the opened public hearing from March 5, 2024, found the proposed project exempt from the California Environmental Quality Act pursuant to Section 15303 and 15315 of the California Code of Regulation; and adopted the draft resolution approving the Tentative Parcel Map and the Conditional Use Permit (PRC 2021-028- C).

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AYES: Meister, Beltran, Carrillo, Flores
NOES: Weyhrauch
ABSTAIN: None
ABSENT: None
Documentation: Resolution No. 11-2024
Disposition: Approved.

Council recessed at 8:33 p.m. and reconvened at 8:46 p.m.

14. 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
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 City Manager Hildreth introduced the item and City Planner Jeff O’Neal presented the staff report.

Mayor Flores opened the Public Hearing at 8:49 pm.
• (Written Communication) Brock Neeley, Porterville, spoke in opposition of the item, and inquired if the adjacent residences on their opinions.

Mayor Flores closed the Public Hearing at 8:50 p.m. when no one else came forward to speak.

Staff indicated that similar to the previous item (Item No. 13) they would recommend a different finding of California Environmental Quality Act exemption which is Section 15301- Existing Facilities, and not the listed Section 15061(b)(3) – General Rule Exemption.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch that the City Council conduct the public hearing to receive public comment; found the project exempt from California Environmental Quality Act pursuant to Section 15301 of the California Code of Regulation; and adopted the draft resolution approving the Modification to Conditional Use Permit 8-2008 for a Type 21 Off-sale subject to conditions of approval. The motion carried unanimously.

Documentation: Resolution No. 12-2024
Disposition: Approved.

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15. 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 ONSALE ALCOHOL LICENSE FOR SPORTS CUTS BAR & LOUNGE, LOCATED AT 41 N MAIN STREET
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.

City Manager Hildreth introduced the item and presented the staff report.

Staff indicated that similar to the previous items (Item No. 13 and Item No. 14) they would recommend a different finding of California Environmental Quality Act exemption which is Section 15301- Existing Facilities, and not the listed Section 15061(b)(3) – General Rule Exemption.

Mayor Flores opened the Public Hearing at 9:04 p.m.
• Roman Perez, Porterville, spoke in favor of the conditional use permit to allow the establishment to conduct the proposed Bar and Lounge.
• (Written Communication) Brock Neeley, Porterville, asked at what point does the city deem a tract to be oversaturated and provided documentation to the council.

Mayor Flores closed the Public Hearing at 9:06 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Vice Mayor Carrillo that the City Council adopt the draft resolution approving a Conditional Use Permit (RC 2023-038-C) for a Type 48 On-Sale license; find the proposed project exempt from the California Environmental Quality Act pursuant to 15301; and authorize the Letter of Public Convenience or Necessity. The motion carried unanimously.

Documentation: Resolution No. 13-2024
Disposition: Approved.

SCHEDULED MATTERS

16. COUNCIL AUTHORIZATION FOR REORGANIZATION OF PUBLIC

WORKS DEPARTMENT TO ACCOMMODATE THE

TRANSPORTATION DEPARTMENT
Recommendation: That City Council:

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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 Salary Range 149 ($2,900 - $3,539).

City Manager Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Weyhrauch that the City Council approved the reorganization of the Public Works Department to accommodate the Transportation Department. The motion carried unanimously.

Documentation: M.O. 13-031924
Disposition: Approved.

17. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

EMERGENCY
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.

City Manager Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Beltran that the City Council approve the continuance of the Declaration of Local Flood Emergency. The motion carried unanimously.

Documentation: M.O. 14-031924
Disposition: Approved.

AB 1234 REPORTS

1. LINC Committee Meeting - March 6, 2024
Council Member Beltran provided updates on several items of interest such as the budget report, a report on the Navigation Center, and a Point in Time recap.

2. City Council Cannabis Ad Hoc Committee - March 6, 2024 Council Member Beltran provided updates on the statuses of the three cannabis dispensary licenses and provided an update on the education incentive program.

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Council Member Weyhrauch asked if the Police Chief elaborate on the needs to find more funding for the Juvenile Diversion Program.

3. City Council General Plan Ad Hoc Committee - March 6, 2024 Vice Mayor Carrillo provided updates related to several reports that encompassed what the 2019 General Plan Goals and Objectives were.

Council Member Weyhrauch echoed the comments made by Vice Mayor Carrillo.

4. Library Facility Planning Committee - March 6, 2024
Vice Mayor Carrillo stated a presentation on the new library design was provided by PH Architects and provided updates to that regard.

5. Eastern Tule Groundwater Sustainability Agency - March 7, 2024 Council Member Weyhrauch reported on announcements, the approval of the Minutes, the ratification of pending bills, and several report and action items.

6. Tulare County Water Commission - March 11, 2024
Mayor Flores provided updates on the approval of Minutes, Tulare County Flood Control Update, the 2024 Water Commission Priorities, a state funding & drought update, and several other reports and Commissioner requirements.

7. Porterville Area Development Authority Meeting - March 15, 2024 – Cancelled.

8. Tulare County Association of Governments (TCAG) - March 18, 2024 Mayor Flores stated she will carry this report over to the next meeting.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
• Council Member Beltran spoke of his attendance to the California Arbor Week event, and spoke of an potential Easter Event hosted by the LINC Committee. • Council Member Weyhrauch appreciated the preparation of the agenda, spoke on the Consent Calendar of the Concession Renewal, lauded the efforts of the Community Development Department, and highlighted information regarding Consent Calendar Items 11 and 12. • Council Member Meister spoke of the Porterville College Street Improvement and spoke of his excitement about the approval of Consent Calendar Item No. 4, and Scheduled Matter Item No. 15. Council Member Meister requested that a letter of support in the repealing of Proposition 47, be considered at the next council meeting, as a Scheduled Matter.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch that the City Council approve Council Member Meister’s request to bring an item at the next Council meeting to consider a Letter of

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Support in the repealing of Proposition 47. The motion carried unanimously.

Documentation: M.O. 15-031924
Disposition: Approved.
• Vice Mayor Carrillo asked if staff could provide her information related to the Porterville College Street Improvements, lauded the efforts of city staff, and enjoyed the presentation on the Parks Master Plan.
• Mayor Flores spoke of her attendance to several events such as the Central Valley Heroes Awards, the Wall of Fame Ceremony, the Tulare Kings Hispanic Chamber of Commerce Event, and the unveiling of the battlefield cross at the Porterville Memorial Auditorium.

Mayor Flores also spoke of an upcoming Safety Recognition Dinner. • Deputy City Manager Jason Ridenour thanked Parks and Leisure Services Director Donnie Moore, Engineering and Project Management Director Javier Sanchez, and the City Council for their efforts in getting the skatepark improvements done in a timely manner.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 10:33 p.m. to the meeting of April 2, 2024, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Martha A. Flores, Mayor
Item No. 2.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Fire Department Vehicle Repair
SOURCE: Fire
COMMENT: The Fire Marshal’s Vehicle, Unit No. 2216, was recently involved in a traffic collision which resulted in the vehicle becoming inoperable. Staff contacted three (3) businesses and requested estimates for repairs. Only two (2) businesses responded to the request, the other was non-responsive.

The estimates for Vehicle No. 2216 are as follows:

Milinich Body Works $29,489.89
Porterville Collision $28,573.86
Golden State Body Shop Non-Responsive
Additionally, staff contacted Cook’s Communications who installed the emergency lighting for an estimate to replace the damaged lighting. Their estimate is as follows:

Cook’s Communications $2,301.19
Staff is requesting authorization to utilize Porterville Collision and Cook’s Communications to perform the repairs at an estimated cost not to exceed $37,050.06 (inclusive of all parts, taxes, and labor, including a 20% contingency of $6,175.01). Funding for the repair of Vehicle No. 2216 will come from the Equipment Replacement Fund. As the specific unit 2216 account balance does not have the total funds available, staff recommends that the depreciation of this vehicle be extended by 3 years to cover the costs of this repair.

RECOMMENDATION: That the City Council:

1. Authorize the Fire Department vehicle repair by Porterville Collision and Cook’s Communications at a cost not to exceed $37,050.06 (inclusive of all parts, taxes, and labor, including a 20% contingency of $6,175.01); and

2. Authorize payment of said repair upon satisfactory completion.

ATTACHMENTS: 1. Porterville Collision Estimate 2216

2. Milinich Estimate 2216
Item No. 2.

3. Cook's Estimate- Porterville Fire Marshall Repair
Appropriated/Funded:

Review By:

Department Director:

Shannon Skiles
Final Approver: Patrice Hildreth, City Manager
PORTERVILLE COLLISION CENTER Workfile ID:

PartsShare:

State EPA:

BAR:
f6102cba
CAL00035406
ARD00262887
[email protected]
721 N Sunnyside St, Porterville, CA 93257
Phone: (559) 782-5181
FAX: (559) 784-0488
Preliminary Estimate
Customer: CITY OF PORTERVILLE
Written By: Mike Crissman
Insured: CITY OF PORTERVILLE Policy #: Claim #:

Type of Loss: Collision Date of Loss: Days to Repair: 0 Point of Impact: 12 Front
Owner: Inspection Location: Insurance Company:

CITY OF PORTERVILLE PORTERVILLE COLLISION CENTER
291 N MAIN ST 721 N Sunnyside St
PORTERVILLE, CA 93257 Porterville, CA 93257
(559) 782-7597 Business Repair Facility
(559) 782-5181 Business

VEHICLE
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection VIN: 1GT49PE72NF198011 Interior Color: Mileage In: Vehicle Out:

License: Exterior Color: Mileage Out:

State: Production Date: Condition: Job #:

0.3 94 R&I LT R&I trim panel 0.4
95 # Subl Hazardous waste removal 1 6.00
96 # Repl Cover Car 1 18.00 T
97 # Color tint / color match 1 10.00 T 0.5
98 # Repl Corrosion protection primer 1 10.00 T 0.5
99 # Rpr Setup & measure 2.0 F
100 # Frame repair 1 F
101 # Subl Two wheel alignment 1 112.44
102 ** Repl Non OEM Power steering fluid 1 15.00 T
103 ** Repl Non OEM Coolant 1 38.00 T
104 ** Repl Non OEM Windshield washer fluid 1 6.50 T
105 ** Repl Non OEM Transmission fluid 1 20.00 T
106 # Test AC for freon leaks 1 0.5
107 # Repl Refridgerant R-134a 1 45.00 T
108 # Subsequent Masking labor for
priming
1 0.2
109 # Mask jams/openings 1 T 0.2
110 # Rpr Feather edge prime and block 1.0
111 # Repl Weld-through primer 1 9.50 T 0.5
112 # Rpr Color sand and buff 1.5
113 # Rpr Pre scan 0.5 M
114 # Rpr Post scan 0.5 M
115 # Diagnostic scan fee 1 156.25
Note: OPUS-IVS
SUBTOTALS 17,792.30 62.3 26.3
2/19/2024 10:29:08 AM 424633 Page 4
Preliminary Estimate
Customer: CITY OF PORTERVILLE
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 17,620.30
Body Labor 59.3 hrs @ $ 88.00 /hr 5,218.40
Paint Labor 26.3 hrs @ $ 88.00 /hr 2,314.40
Mechanical Labor 1.0 hrs @ $ 120.00 /hr 120.00
Frame Labor 2.0 hrs @ $ 95.00 /hr 190.00
Paint Supplies 26.3 hrs @ $ 45.00 /hr 1,183.50
Miscellaneous 172.00
Subtotal 26,818.60
Sales Tax $ 18,975.80 @ 9.2500 % 1,755.26
Grand Total 28,573.86
Deductible 0.00
CUSTOMER PAY 0.00
INSURANCE PAY 28,573.86
MyPriceLink Estimate ID / Quote ID:
1187460106858536960 / 134110136

FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS FALSE

OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE

COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS

GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.

THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY

BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:

MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART,
A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED
MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN,
A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE
PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT,
EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON ADJACENT, O/H=OVERHAUL,
OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY,
RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ 2/19/2024 10:29:08 AM 424633 Page 5
Preliminary Estimate
Customer: CITY OF PORTERVILLE
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT

MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT.
""CURE TIME"" MEANS THE LENGTH OF TIME THAT, PER THE ADHESIVE

MANUFACTURER, THE WINDSHIELD ADHESIVE NEEDS TO CURE UNTIL THE

WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT

TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE
VEHICLE MANUFACTURER'S SPECIFICATIONS.

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS

ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE.
2/19/2024 10:29:08 AM 424633 Page 6
Preliminary Estimate
Customer: CITY OF PORTERVILLE
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR1GG20, CCC Data Date 02/15/2024, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.

Some 2024 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.

HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace.

R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.

Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Services Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 2/19/2024 10:29:08 AM 424633 Page 7
Preliminary Estimate
Customer: CITY OF PORTERVILLE
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection

PARTS SUPPLIER LIST
Line Supplier Description Price
6 LKQ Corp #~317347983 $ 1,060.00
2041 Navy Drive USED bumper assy; painted +25%
Stockton CA 95206 Bumper Assembly, Front AT4,4DR UNKNOWN,S#GM1210 (800) 424-2002 Quote: 2388882178
Expires: 03/31/24
18 G5 Autolights #SVGFFJ $ 735.00
16700 Hardy St Suite C USED RT Headlamp assy +25%
Houston TX 77032 RT H/LAMP ASSY-IQ1 W/O I NTELLI.,S#JD1123 (281) 982-3428 Quote: 429828317
Expires: 03/16/24
19 LKQ Corp #~374311920 $ 938.00
2041 Navy Drive USED LT Headlamp assy +25%
Stockton CA 95206 Headlamp Assembly LH ASSY 86788463-S OESURPLS,S#RYA240 (800) 424-2002 Quote: 2388897221
Expires: 03/31/24
30 1-800-Radiator & A/C #104358CS $ 444.00
1036 N. MARCIN STREET Non OEM Radiator
VISALIA CA 93291 Quote: 38703506
(559) 734-4004 Expires: 02/29/24
34 Performance Radiator #3726 $ 177.00
5070 Arville #2 Non OEM Condenser
Las Vegas NV 89118 Quote: 53462420
(877) 723-4286 Expires: 02/16/24
2/19/2024 10:29:08 AM 424633 Page 8
MILINICH BODY WORKS Workfile ID:

PartsShare:

Federal ID:

State EPA:

BAR:
931be0d5
90-0787680
S412
ARD00279737
631 N SUNNYSIDE ST, [email protected],
PORTERVILLE, CA 93257
Phone: (559) 784-8827
FAX: (559) 784-2972
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:

Insured: CITY OF PORTERVILLE Policy #: Claim #:

Type of Loss: Date of Loss: Days to Repair: 0
Point of Impact: 12 Front
Owner: Inspection Location: Insurance Company:

CITY OF PORTERVILLE MILINICH BODY WORKS
631 N SUNNYSIDE ST
[email protected]
PORTERVILLE, CA 93257
Repair Facility
(559) 784-8827 Business

VEHICLE
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE VIN: 1GT49PE72NF198011 Interior Color: Mileage In: Vehicle Out:

License: Exterior Color: WHITE Mileage Out:

State: CA Production Date: Condition: Good Job #:

TRANSMISSION Air Conditioning Search/Seek Leather Seats Automatic Transmission Tilt Wheel Auxiliary Audio Connection Heated Seats 4 Wheel Drive Cruise Control Satellite Radio Ventilated Seats POWER Rear Defogger SAFETY WHEELS
Power Steering Keyless Entry Drivers Side Air Bag Aluminum/Alloy Wheels Power Brakes Alarm Passenger Air Bag PAINT
Power Windows Message Center Anti-Lock Brakes (4) Clear Coat Paint Power Locks Steering Wheel Touch Controls 4 Wheel Disc Brakes OTHER Power Mirrors Telescopic Wheel Traction Control Fog Lamps Heated Mirrors Heated Steering Wheel Stability Control Signal Integrated Mirrors Power Driver Seat Climate Control Front Side Impact Air Bags TRUCK Power Passenger Seat Navigation System Head/Curtain Air Bags Rear Step Bumper Memory Package Backup Camera Communications System Bedliner (Spray On) DECOR Remote Starter Hands Free Device Trailer Hitch
Dual Mirrors RADIO Xenon or L.E.D. Headlamps Trailering Package Privacy Glass AM Radio Positraction Power Trunk/Liftgate Console/Storage FM Radio SEATS
CONVENIENCE Stereo Bucket Seats
2/16/2024 6:48:25 AM 018906 Page 1
7Ny3Sc
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 FRONT BUMPER
2 Repl LT Bracket bolt 11611334 1 7.20 0.0 0.0
3 Repl RT Inner bracket bolt 11601916 1 6.83 0.0 0.0
4 Repl LT Inner bracket bolt 11601916 1 6.83 0.0 0.0
open Repl LT Support bracket bolt
10x34.8mm
11569664 1 7.71 0.0 0.0
6 Repl RT Support bracket bolt
12x35mm
11589165 1 7.20 0.0 0.0
open Repl RT Support bracket bolt
10x34.8mm
11569664 1 7.71 0.0 0.0
8 Repl LT Support bracket bolt
12x35mm
11589165 1 7.20 0.0 0.0
9 Repl RT Guide bracket 85110201 1 16.07 0.0 0.0
10 Repl LT Guide bracket 85110200 1 16.07 0.0 0.0
11 Repl RT Guide bracket bolt 11547420 1 9.05 0.0 0.0
12 Repl LT Guide bracket bolt 11547420 1 9.05 0.0 0.0
13 Repl RT Filler panel 84677752 1 136.18 0.3 1.1
14 Add for Clear Coat 0 0.00 0.0 0.4
15 Repl LT Filler panel 84677751 1 136.82 0.3 1.1
16 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2
17 Add for Clear Coat 0 0.00 0.0 0.2
18 Repl Lower deflector 84392056 1 117.22 0.3 0.0
19 Repl Center molding black SLT, AT4 84319822 1 154.43 0.3 0.0 20 Repl RT Center molding bolt 11547421 1 9.22 0.0 0.0
21 Repl LT Center molding bolt 11547421 1 9.22 0.0 0.0
22 ** Repl A/M CAPA Lower panel 84392054 1 179.00 0.3 0.0 23 Repl RT Fog lamp bezel painted
bumper
84683443 1 65.62 0.2 0.0
24 Repl LT Fog lamp bezel painted
bumper
84683442 1 65.62 0.2 0.0
25 Repl RT Trim ring painted bumper only
black
84319826 1 117.02 0.2 0.0
26 Repl LT Trim ring painted bumper only
black
84319825 1 117.02 0.2 0.0
27 ** Repl A/M License bracket 84186107 1 34.00 0.1 0.0 open Repl Wire harness w/fog lamps
Labeled 84540583
84540583 1 103.46 0.0 0.0
29 * <> Repl USED bumper assy; painted
+25%
84683444 1 1,325.00 1.9 2.2
30 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2
31 Add for Clear Coat 0 0.00 0.0 0.4
32 Aim fog lamps 0 0.00 0.3 0.0
33 GRILLE
34 Repl Grille w/camera 84691997 1 1,556.50 0.4 0.0
2/16/2024 6:48:25 AM 018906 Page 2
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE 35 Add for camera 0 0.00 0.2 0.0
36 FRONT PANELS
37 Repl Upper shutter 84735801 1 99.68 m 0.6 0.0
38 Repl Upper shutter bolt 11610199 12 109.92 0.0 0.0
39 Repl Upper shutter retainer nut 11547582 3 25.95 0.0 0.0 40 Repl Upper shutter lower bracket 84590764 1 25.53 0.0 0.0 41 Repl Lower shutter 87830734 1 151.40 m 0.2 0.0
42 Repl Lower shutter bolt 11547421 1 9.22 0.0 0.0
43 Repl Lower shutter retainer nut 11548673 4 35.08 0.0 0.0 44 Repl Lower baffle 84126427 1 44.55 0.0 0.0
45 FRONT LAMPS
46 Repl RT Headlamp assy 85149464 1 1,419.55 0.5 0.0
47 Aim headlamps 0 0.00 0.5 0.0
48 Repl LT Headlamp assy 86788463 1 1,440.85 0.5 0.0
49 Repl RT Harness 84367836 1 29.49 0.0 0.0
50 Repl LT Harness 84367836 1 29.49 0.0 0.0
51 ** Repl A/M CAPA RT Fog lamp 84513247 1 161.00 0.2 0.0 52 Aim fog lamps 0 0.00 0.5 0.0
53 ** Repl A/M LT Fog lamp 84513246 1 161.46 0.2 0.0
54 RADIATOR SUPPORT
55 ** Repl A/M Radiator support w/fender
structure (HSS)
84714653 1 2,067.00 s 14.9 6.7
56 Evacuate & recharge 0 0.00 m 1.4 0.0
57 Refrigerant recovery 0 0.00 m 0.4 0.0
58 Add for shutter 0 0.00 m 0.6 0.0
59 Repl Upper reinf 84560245 1 102.42 0.0 0.0
60 Repl RT H'lamp bracket 84622752 1 46.13 1.5 0.5
61 Overlap Minor Panel 0 0.00 0.0 -0.2
62 Repl LT H'lamp bracket 85157651 1 40.12 1.5 0.5
63 Overlap Minor Panel 0 0.00 0.0 -0.2
64 Repl Upper baffle 84126419 1 54.58 0.2 0.0
65 Repl RT Side baffle 84126423 1 46.03 0.2 0.0
66 Repl LT Side baffle 84126425 1 42.62 0.2 0.0
67 Repl RT Side baffle clip 1605396 1 8.87 0.0 0.0
68 Repl LT Side baffle clip 1605396 1 8.87 0.0 0.0
69 Repl Lower baffle 84126421 1 58.00 0.2 0.0
70 Repl Lower baffle clip 11589293 4 28.16 0.0 0.0
71 COOLING
72 ** Repl A/M Radiator 84565799 1 444.00 m 2.4 0.0
73 Repl RT Radiator upper bracket 84082821 1 16.35 0.0 0.0 74 Repl LT Radiator upper bracket 84082822 1 16.35 0.0 0.0 75 Repl Fan blade 25919018 1 176.37 m 0.8 0.0
76 Repl Clutch 84382012 1 317.18 m Incl. 0.0
77 Repl Rear shroud 85112067 1 171.83 0.0 0.0
78 Repl Upper shroud 84654431 1 63.52 m 0.3 0.0
2/16/2024 6:48:25 AM 018906 Page 3
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE 79 Repl Lower shroud 85102617 1 28.81 m 0.2 0.0
80 Repl Rear shroud upper bracket 84182182 1 32.22 0.0 0.0 81 Repl Rear shroud lower bracket 84182181 1 40.20 0.0 0.0 82 Repl Trans cooler 23395755 1 199.78 m 0.5 0.0
83 Repl Pipe assy 85584364 1 75.56 0.0 0.0
84 AIR CONDITIONER & HEATER
85 Repl Condenser 85524339 1 268.49 m 1.6 0.0
86 HOOD
87 Repl Hood 84912496 1 990.00 1.5 3.2
88 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2
89 Add for Clear Coat 0 0.00 0.0 0.6
90 Add for Underside(Complete) 0 0.00 0.0 1.6
91 Add for Clear Coat 0 0.00 0.0 0.3
92 Repl RT Hinge 84687770 1 97.22 0.3 0.3
93 Add for Clear Coat 0 0.00 0.0 0.1
94 Repl LT Hinge 84687769 1 97.22 0.3 0.3
95 Add for Clear Coat 0 0.00 0.0 0.1
96 Repl Front w'strip 84769113 1 45.60 Incl. 0.0
97 Repl Insulator retainer 20064875 6 34.92 0.0 0.0
98 Repl Lock 84805446 1 82.40 0.3 0.0
99 Repl Release lever 84182929 1 25.65 0.0 0.0
100 * Repl Vent w/o functional vent black
(GBA)
84802191 1 117.20 Incl. 0.0
101 Repl Vent nut 11546454 4 36.20 0.0 0.0
102 Repl Front molding black 84774164 1 211.08 0.5 0.0
103 Repl Front molding mount bolt 11547420 1 9.05 0.0 0.0 104 Repl Front molding retainer nut 11570654 1 8.27 0.0 0.0 105 Repl Front molding nut 11546454 1 9.05 0.0 0.0
106 FENDER
107 Repl RT Fender 84581169 1 625.93 2.1 2.2
108 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
109 Add for Clear Coat 0 0.00 0.0 0.4
110 Add for Edging 0 0.00 0.0 0.5
111 Add for Clear Coat 0 0.00 0.0 0.1
112 Repl LT Fender 84581168 1 625.93 2.1 2.2
113 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
114 * Add for Clear Coat 0 0.00 0.0 0.4
115 Add for Edging 0 0.00 0.0 0.5
116 Add for Clear Coat 0 0.00 0.0 0.1
117 Repl RT Upper bracket 84182596 1 20.33 0.1 0.0
118 Repl LT Upper bracket 84182595 1 20.33 0.1 0.0
119 Repl RT Lower bracket 84542126 1 32.43 0.1 0.0
120 Repl LT Lower bracket 84542125 1 32.43 0.1 0.0
121 Repl RT Front brace 84534510 1 11.58 0.1 0.0
122 Repl LT Front brace 84534510 1 11.58 0.1 0.0
2/16/2024 6:48:25 AM 018906 Page 4
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE 123 ** Repl A/M RT Fender liner 86789521 1 88.00 Incl. 0.0 124 ** Repl A/M LT Fender liner 86789520 1 88.00 Incl. 0.0 125 Repl RT Fender liner front bracket 85587119 1 18.58 0.0 0.0 126 Repl LT Fender liner front bracket 85587118 1 18.58 0.0 0.0 127 Repl RT Nameplate nightrider chrome

6.6 liter gas
84586296 1 98.10 0.2 0.0
128 Repl LT Nameplate nightrider chrome

6.6 liter gas
84586295 1 98.10 0.2 0.0
129 Repl RT Wheel opng mldg 84848523 1 114.63 0.2 0.0
130 Repl LT Wheel opng mldg 84848522 1 114.63 0.2 0.0
131 FRAME
132 Repl RT Bumper bracket 84608604 1 94.90 1.4 0.0
133 Repl LT Bumper bracket 84608604 1 94.90 1.4 0.0
134 Repl RT Tow hook red 84196516 1 88.83 0.2 0.0
135 Repl LT Tow hook red 84196516 1 88.83 0.2 0.0
136 Repl RT Tow hook bolt 11609609 2 14.40 0.0 0.0
137 Repl LT Tow hook bolt 11609609 1 7.20 0.0 0.0
138 ** Repl A/M CAPA Splash shield 84154539 1 21.00 0.2 0.0 139 FRONT DOOR
140 * Rpr LT Outer panel 0 0.00 1.0 2.4
141 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
142 * Add for Clear Coat 0 0.00 0.0 0.4
143 # DEDUCT FOR SPOT PAINT FULL
CLEAR
1 0.00 0.0 -0.4
144 * Blnd RT Outer panel 0 0.00 0.0 1.2
145 R&I RT Belt molding black, w/o AT4 0 0.00 0.3 0.0
146 R&I LT Belt molding black, w/o AT4 0 0.00 0.3 0.0
147 Repl RT Upper molding AT4 84938761 1 141.33 0.3 0.0 148 Repl LT Upper molding AT4 84938760 1 137.22 0.3 0.0 149 Repl RT Corner molding w/o Base, Pro 84692189 1 71.68 0.1 0.0 150 Repl LT Corner molding w/o Base, Pro 84692188 1 71.68 0.1 0.0 151 Repl RT Applique w/o Base, Pro 84987908 1 72.32 0.2 0.0 152 Repl LT Applique w/o Base, Pro 84987907 1 73.40 0.2 0.0 153 R&I RT R&I mirror 0 0.00 0.3 0.0
154 R&I LT R&I mirror 0 0.00 0.3 0.0
155 R&I RT Run w'strip 0 0.00 0.3 0.0
156 R&I LT Run w'strip 0 0.00 0.3 0.0
157 R&I RT Door glass GM 0 0.00 0.3 0.0
158 R&I LT Door glass GM 0 0.00 0.3 0.0
159 R&I RT Handle, outside w/passive
entry body color
0 0.00 0.3 0.0
160 R&I LT Handle, outside w/passive
entry body color
0 0.00 0.3 0.0
161 R&I RT R&I trim panel 0 0.00 0.4 0.0
162 R&I LT R&I trim panel 0 0.00 0.4 0.0
163 RESTRAINT SYSTEMS
2/16/2024 6:48:25 AM 018906 Page 5
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE 164 Repl Driver air bag w/o Denali black 85522843 1 879.25 m Incl. 0.0 165 Air bag system diagnosis 0 0.00 m 0.5 0.0
166 Repl Driver air bag bolt 11609585 1 7.20 0.0 0.0
167 Repl Clockspring w/cruise control
w/htd strng wheel
86773961 1 83.25 m 1.1 0.0
168 Repl Angle sensor 13589991 1 105.60 0.0 0.0
169 Repl Diagnostic unit 13524234 1 659.93 m 0.3 0.0
170 Repl RT Ft impact sensor 13514077 1 261.38 m 0.3 0.0 171 Repl LT Ft impact sensor 13514077 1 261.38 m 0.3 0.0 172 Repl RT Side impact sens front door 13519412 1 180.25 m 0.3 0.0 173 Repl LT Side impact sens front door 13519412 1 180.25 m 0.3 0.0 174 Repl LT Outer belt assy black 84512905 1 199.92 m 0.3 0.0 175 Repl LT Tensioner black 84937705 1 121.30 m 0.3 0.0 176 Repl LT Outer buckle black 85117916 1 115.30 0.2 0.0 177 # FRAME SET-UP 1 0.00 2.0 F 0.0
178 # FRAME PULL 1 0.00 3.0 F 0.0
SUBTOTALS 20,139.60 62.1 27.4

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 20,139.60
Body Labor 57.1 hrs @ $ 70.00 /hr 3,997.00
Paint Labor 27.4 hrs @ $ 70.00 /hr 1,918.00
Frame Labor 5.0 hrs @ $ 75.00 /hr 375.00
Paint Supplies 27.4 hrs @ $ 40.00 /hr 1,096.00
Subtotal 27,525.60
Sales Tax $ 21,235.60 @ 9.2500 % 1,964.29
Grand Total 29,489.89
MyPriceLink Estimate ID / Quote ID:
1187171733346459648 / 134084558

THIS DAMAGE IS BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK IS OPENED UP. OCCASIONALLY AFTER THE WORK HAS STARTED, WORN OR DAMAGED PARTS ARE DISCOVERED WHICH ARE NOT EVIDENT ON FIRST INSPECTION. 2/16/2024 6:48:25 AM 018906 Page 6
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR1GG20, CCC Data Date 02/08/2024, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.

R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.

Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Services Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 2/16/2024 6:48:25 AM 018906 Page 7
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE

PARTS SUPPLIER LIST
Line Supplier Description Price
22 Keystone, Inc #GM1095228C $ 179.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M CAPA Lower panel FRESNO CA 93725 Quote: 2387877169
(559) 268-8146 Expires: 03/30/24
27 Keystone, Inc #GM1068228 $ 34.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M License bracket
FRESNO CA 93725 Quote: 2387878439
(559) 268-8146 Expires: 03/30/24
29 LKQ Corp #~317347983 $ 1,060.00
2041 Navy Drive USED bumper assy; painted +25%
Stockton CA 95206 Bumper Assembly, Front AT4,4DR UNKNOWN,S#GM1210 (800) 424-2002 Quote: 2390010094
Expires: 04/01/24
46 Liberty Chevrolet #85149464 $ 1,419.55
2755 Auto Mall Dr. RT Headlamp assy
Selma CA 93662 Quote: 1770389016
Expires: 03/15/24
51 Keystone, Inc #GM2593331C $ 161.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M CAPA RT Fog lamp FRESNO CA 93725 Quote: 2387888735
(559) 268-8146 Expires: 03/30/24
53 Elite Euro Parts, Inc. #84513246 $ 161.46
7955 HASKELL AVE #12 A/M LT Fog lamp
VAN NUYS CA 91406 Quote: 1770389674
(818) 387-8345 Expires: 02/21/24
55 Keystone, Inc #GM1225402 $ 2,067.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M Radiator support w/fender structure (HSS) FRESNO CA 93725 Quote: 2387891545
(559) 268-8146 Expires: 03/30/24
65 Liberty Chevrolet #84126423 $ 46.03
2755 Auto Mall Dr. RT Side baffle
Selma CA 93662 Quote: 1770392076
Expires: 03/15/24
72 1-800-Radiator & A/C #104358CS $ 444.00
1036 N. MARCIN STREET A/M Radiator
VISALIA CA 93291 Quote: 38690539
2/16/2024 6:48:25 AM 018906 Page 8
Preliminary Estimate
Customer: CITY OF PORTERVILLE Job Number:
2022 GMC Sierra 2500 HD AT4 Crew Cab 172" WB 4WD 4D LONG 8-6.6L Gasoline Direct Injection WHITE (559) 734-4004 Expires: 02/28/24
85 Liberty Chevrolet #85524339 $ 268.49
2755 Auto Mall Dr. Condenser
Selma CA 93662 Quote: 1770396015
Expires: 03/15/24
87 Liberty Chevrolet #84912496 $ 990.00
2755 Auto Mall Dr. Hood
Selma CA 93662 Quote: 1770398424
Expires: 03/15/24
107 Liberty Chevrolet #84581169 $ 625.93
2755 Auto Mall Dr. RT Fender
Selma CA 93662 Quote: 1770400976
Expires: 03/15/24
123 Keystone, Inc #GM1249314 $ 88.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M RT Fender liner
FRESNO CA 93725 Quote: 2387913162
(559) 268-8146 Expires: 03/30/24
124 Keystone, Inc #GM1248314 $ 88.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M LT Fender liner
FRESNO CA 93725 Quote: 2387913317
(559) 268-8146 Expires: 03/30/24
137 Liberty Chevrolet #11609609 $ 7.20
2755 Auto Mall Dr. LT Tow hook bolt
Selma CA 93662 Quote: 1770406540
Expires: 03/15/24
138 Keystone, Inc #GM1228175C $ 21.00
3131 SOUTH NORTH POINT DRIVE, #103 A/M CAPA Splash shield FRESNO CA 93725 Quote: 2387921592
(559) 268-8146 Expires: 03/30/24
2/16/2024 6:48:25 AM 018906 Page 9
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http://www.win2pdf.com/purchase/
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
03/05/24 Up-FIt Shop Origin Net 30
David Burchfield
City of Porterville Fire Dept City of Porterville Fire Dept 40 W Cleveland Ave
Accounts Payable
Porterville, CA 93257-0000
40 W Cleveland Ave
Porterville, CA 93257

PORTERVILLEF
14775
160 North Broadway
Fresno, CA 93701-1592
Required
04/04/24
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7526 Phone: (559) 782-7526
Email:
2022 GMC 2500HD 4X4
**MARSHALLS REPAIR**
ES100C Federal Signal 100 watt
Siren Speaker
1 274.00 274.00
ESB-U Universal Siren Bracket
for ES100 Siren
1 34.00 34.00
MPS652-RW Fed Sig Micropulse Dual LED
Red/White
4 135.00 540.00
(GRILLE LIGHTS)
358176301 Hella Black Magic
Lightbar 20" SLim
(MOUNTED ON FRONT END OF TRUCK)
1 164.47 164.47
MATERIALSFEE3 Installation Material
Bundle
1 50.00 50.00
LAISREG Shop Installation
2022 MARSHALLS REPAIR

7.000 160.00 1120.00
Subtotal
Freight charges
Sales tax @ 8.35000%
Total
2182.47

30.00 88.72
2301.19
We appreciate your continued patronage
Thank You
Item No. 3.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Authorization for Replacement Printer/Copier/Scanner for the Engineering & Project Management Department
SOURCE: Engineering and Project Management
COMMENT: The Engineering & Project Management Department is requesting to lease an HP DesignJet XL 3600dr Multifunction Printer. The large format digital printer & scanner will be utilized for general and daily use of printing, scanning and making copies of large-scale design plans. The Engineering Division has recently ended their lease and contract for the prior printing equipment with Great America. At the end of the lease, the printer was having increased issues preventing staff from being able to make the necessary prints for projects as it constantly needed to be serviced.

The Engineering & Project Management Department staff contacted three (3) companies for quotes, which staff received two (2) quotes and one was unresponsive. The quotes are as follows:

C.A. Reding
$317.17/Month. Model: RICOH MP W6700SP. Lease Term: 60mo. End of term close out costs will apply. The maintenance agreement covers only 500 linear ft and overage @.13 cents per linear foot. This also includes toner and service. It does not include paper. This particular brand/model was previously leased to the Engineering and Project Management Department. However, it required a number of service calls due to constant operation issues. Staff calculated an estimated volume of paper that would be printed for the department and calculated approximately $680.00 after purchase of paper and potential extra maintenance.

California Surveying & Drafting Supply, Inc.
$901.31/Month. Model: HP PageWide XL 4200 40-in Multifunction Printer with Top Stacker. Lease Term 60 mo. mandatory agreement. No associated close out costs. Unlimited paper & ink supply. Includes full maintenance & repairs.

California Surveying & Drafting Supply, Inc.
$731.98/mo. Model: HP DesignJet XL 3600dr Multifunction Printer.

Agreement may be terminated by either party not less than 90 days with a written notice. No associated close out costs. Unlimited paper & ink supply.

Includes full maintenance & repairs.

CDW
No Response
Item No. 3.

After comparing printers from different suppliers, City staff has determined the HP DesignJet XL 3600dr Multifunction Printer to be the best fit for our printing needs. Staff is requesting to sign a 36-month contract in the amount of $731.98 per month with supplier, California Surveying & Drafting Supply; the monthly price includes the leasing of the equipment, full maintenance & repairs and both the paper and ink supplies for the department's needs. While the term is for 36 months, it does offer either party the ability to terminate the contract with a 90- day notice.

Staff has found the specifications of the selected printer and the terms of the monthly lease to be acceptable. Funding for the lease of an HP DesignJet XL 3600dr Multifunction Printer is available in the Engineering and Project Management Department's budget.

RECOMMENDATION: That the City Council authorize the lease agreement of a printer/copier/scanner for the Engineering & Project Management Department from California Surveying & Drafting Supply, Inc. utilizing department budgeted funds in the amount of $731.98 per month for the duration of the lease (up to 36 months).

ATTACHMENTS: 1. California Surveying & Drafting Supply, Inc. HP DesignJet XL3600 printer specs

2. California Surveying & Drafting, Inc HP PageWide
XL4200 quote

3. C.A. Reding Ricoh MP W6700SP Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 4.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: State of California Department of Transportation Delegated Maintenance Agreement Amendment
SOURCE: Community Development
COMMENT: On February 15, 2022, the City Council approved the State of California Department of Transportation Delegated Maintenance Agreement No. 06MTC0543200 for the purpose of establishing the Litter Abatement program to beautify the City of Porterville by cleaning up debris along State Route 65 and State Route 190 within the city limits, as well as on off ramps and other transportation public rights of way near the state routes where litter accumulates.

The City is in receipt of an amendment to the Delegated Maintenance Agreement where Caltrans Headquarters Division of Maintenance has authorized an additional $50,000.00 in Clean California funds for FY 2023/2024 for litter pickup to be expended on the aforementioned state routes.

The letter is attached for the Council's reference.

The current agreement allows the City to provide a formal written acceptance adding the March 22, 2024, letter to Exhibit A of the Agreement, having it supersede any conflict provisions of the Agreement or Exhibit A.

Staff is requesting that City Council consider approving the amendment to the Delegated Maintenance Agreement with the State of California Department of Transportation and authorize staff to submit a letter of acceptance of the amended agreement that allocates an additional $50,000 for the Litter Abatement Program.

RECOMMENDATION: That the City Council:

1. Approve the State of California Department of Transportation Delegated Maintenance Agreement Amendment; and

2. Authorize staff to submit a letter of acceptance of the amended agreement that allocates an additional $50,000 for the Litter Abatement program from the State Department of Transportation; and

3. Authorize the Mayor and City Manager to execute all
necessary documents.

ATTACHMENTS: 1. Executed Agreement - 06MTC0543200

2. March 22, 2023 Letter for Amendment to Executed
Item No. 4.

Agreement - 06MTC0543200

3. Draft Acceptance Letter
Appropriated/Funded:

Review By:

Department Director:

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

9/01/22

California Affiliated Risk Management Authorities
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 69833894
Certificate Holder: State of California
Department of Transportation
1120 N Street
Sacramento, CA 95814
Covered Party: CSJVRMA-City of Porterville
Description of
Covered Activity:

As respects the Delegated Maintenance Agreement between the State of California, Department of Transportation and the City of Porterville regarding specific maintenance services; the State of California, Department of Transportation, its directors, officers, employees, volunteers, representatives, and agents are additional covered parties with regard to any negligent acts or omissions of the City of Porterville, its directors, officers, employees, volunteers, representatives, and agents, as pertains to approved activities listed in the Delegated Maintenance Agreement.

Memorandum of
Coverage Number: CARMA 2022-GL Effective Date: 8/19/2022 Expiration Date: 7/1/2023 Limits: $5,000,000 (per occurrence)
Excess of: $1,000,000
The Following
Coverage is in
effect:

General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.

Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.

This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.

Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.

Date Issued: 8/22/2022
Renewal: Yes Underlying Certificate Issued: Yes
Authorized Representative Signature:
69833894 | CARMA | 22/23 GL $5MM LIMITS | Danielle Davis | 8/22/2022 12:24:31 PM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.

Central San Joaquin Valley Risk Management Authority
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 69850637
Certificate Holder: State of California
Department of Transportation
1352 W Olive Avenue, MS 12
Fresno, CA 93728
Covered Party: City of Porterville
Description of
Covered Activity:

As respects the Delegated Maintenance Agreement between City of Porterville and State of California, Department of Transportation regarding specific maintenance services; the State of California, Department of Transportation, its officers, agents, and employees are additional covered parties with regard to any negligent acts or omissions of the City of Porterville, its officers, officials, employees, and volunteers as it relates to the agreement.

Memorandum of
Coverage Number: CSJVRMA 2022-GL Effective Date: 08/22/2022 Expiration Date: 7/1/2023 Limits: $1,000,000 (per occurrence)
The Following
Coverage is in
effect:

General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.

This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Memorandum of Coverage of the CSJVRMA, which is available for your review upon request.

Date Issued: 8/23/2022
Renewal: Yes Excess Certificate Issued: Yes
Authorized Representative Signature:
69850637 | CSJVRMA | 22/23 GL $1MM LIMITS | Shelley Nguyen | 8/23/2022 10:50:49 AM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.

“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 696-0249 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
March 22, 2024
Mr. Jason Ridenour
Deputy City Manager
City of Porterville
291 N Main Street
Porterville, CA 93257
Dear Mr. Ridenour:

This is regarding Delegated Maintenance Agreement No. 06MTC0543200 between the Department of Transportation (Caltrans) and City of Porterville for Litter Pickup. Caltrans Headquarters Division of Maintenance has authorized an additional $50,000.00 Clean California funds for the FY 2023/2024 for litter pickup to be expended on the following State Routes (SR):

Route
No.

Post Miles
Existing
Authorized
Annual
Expenditure
Increase in
Expenditure for
FY 2023/2024
Revised Maximum
Authorized Expenditure
for FY 2023/2024
65 16.119 – 21.559 $20,000 $33,500 $53,500
190 15.09 – 19.03 $10,000 $16,500 $26,500
Total $30,000 $50,000 $80,000
The funds shall be expended prior to June 30, 2024. In addition, the City shall prepare a Performance Report to record and report the quantity and description of litter and debris removed and maintenance services performed at each clean-up site and location set forth in the routes above. This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter and debris removed. The State will remove and dispose of all litter bags and piles the local agency collects in State right of way covered in this agreement.

The billing format will now include all of the following:
a. STATE's Clean California Program Code: CLEANCADMA;
b. AGREEMENT number;
c. Date(s) of services;
d. Location of services;
e. Number of hours and hourly rates;
f. Receipts for equipment, materials, and supplies; and g. LOCAL AGENCY's performance report
Mr. Jason Ridenour, Deputy City Manager
March 22, 2024

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Per the provisions of the Delegated Maintenance Agreement, please notify us of your acceptance of these adjustments.

If you have any further questions, please contact Jason Miao, Office Chief of Maintenance, at (559) 341-7990 or by email to <[email protected]>.

Sincerely,
JOHN Y. LIU
Deputy District Director
Maintenance and Operations
April 3, 2024
JOHN Y. LIU
Deputy District Director
Maintenance and Operations
District 6 Office
1352 West Olive Avenue
P.O. Box 12616
Fresno, Ca 93778-2616
This letter is in response to the letter received from your department on March 22, 2024. The City Council has approved the acceptance of the amendment to the Delegated Maintenance Agreement No. 06MTC0543200 between the Department of Transportation (Caltrans) and City of Porterville for Litter Pickup; adding the March 22, 2024 letter to Exhibit A of the Agreement, having it supersede any conflict provisions of the Agreement or Exhibit A.

The City understands that the additional $50,000 authorized by the City Caltrans Headquarters Division of Maintenance for the FY 2023/2024 for litter pickup must be expended as indicated on the letter and on the approved state routes by June 30, 2024.

The City of Porterville is grateful for the continued partnership. If you have any further questions, please contact Jason Ridenour, Deputy City Manager at (559) 782-7460 or by email to [email protected].

Sincerely,
Patrice Hildreth
City Manager
City of Porterville
291 N Main Street
Porterville, CA 93257
Item No. 5.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Authorization to Execute Consultant Services Agreement - West Street Extension Improvements Project
SOURCE: Engineering and Project Management
COMMENT: The West Street Extension Improvements Project will include a new roundabout at West Street and Scranton Avenue, the relocation of the existing intersection located at Westwood Street and Scranton Avenue to Westwood Street and the Worth Avenue alignment with a new roundabout and a curve to transition Scranton Avenue to Westwood Street, and a new roadway to reconnect all the roads due to this realignment. Staff has reached out to Peters Engineering Group for a proposal for this design work as they are currently involved in numerous improvement projects in the project area. They are listed on the City's approved Engineering Consultant On-Call List (CMO #10- 112123).

Peters Engineering Group has submitted a proposal in the amount of $780,300 for the design work and has committed to delivering the required plans and specifications for this project. An additional $78,000 for contingency (10%) is required for this agreement for a total cost of $858,300. Funding for the design of this project is approved in the 2023/2024 Fiscal Year budget with Measure R - Regional Funds in the amount of $250,000. An appropriation of $608,300 in Measure R - Regional Funds is required to fully fund the project.

Staff has found the proposal to be acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the design of the West Street Extension Improvements Project with Peters
Engineering Group in the amount of $858,300 (inclusive of a 10% contingency);

2. Authorize progress payments up to one hundred percent (100%) of the fee amount; and

3. Authorize the Finance Director to appropriate an additional $608,300 in Measure R - Regional Funds to fully fund the project.

ATTACHMENTS: 1. Draft Service Agreement

2. Scope of Services

3. Locator Map
Item No. 5.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: April 3, 2024
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Peters Engineering Group, hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name: Design services for Airport Runway Shift Street Improvements Project Description of Project: In general, the consultant will be provide engineering services for the Airport Runway Shift Project. Details are summarized in Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed Seven Hundred Eighty Thousand Three Hundred Dollars, ($780,300).

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

Page 2 of 3 ends

injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 10. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants Service Agreement

Page 3 of 3 ends

and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
862 Pollasky Avenue ♦ Clovis, California 93612 ♦ (559) 299-1544 ♦ www.peters-engineering.com Mr. Javier Sanchez, Engineering Director March 26, 2024 City of Porterville
291 North Main Street
Porterville, CA 93257
Subject: Porterville West Street Extension Street Improvements Porterville, California
Dear Mr. Sanchez:

Thank you for the opportunity to provide the attached scope of services for the City of Porterville West Street Extension Street Improvements. Please find enclosed our proposed scope of services and fee for the subject project. Our understanding of the City’s requirements for this scope of work is based on conversations, emails, and documents received regarding an updated memorandum of understanding (MOU) between the Tule River Tribe Gaming Authority and the City of Porterville for a revised scope of work associated with the new casino project and the City’s airport runway extension project.

Thank you for the opportunity to provide you with this proposal. Please feel free to call me if you have any questions.

PETERS ENGINEERING GROUP

David Peters, PE, TE
Principal Engineer
Attachment: Agreement for Professional Services
Exhibit “A” – Scope of Services
Exhibit “B” – Fee Schedule
Figure “A” – Roadway Figure

Exhibit “A”

SCOPE OF SERVICES
Civil Engineering Services for
City of Porterville West Street Extension Street Improvements Porterville, California

BACKGROUND
Peters Engineering Group (Consultant) will provide the City of Porterville (Client) with the following scope of services:

West and Scranton Roundabout
 Consultant will complete the PS&E for construction of the West and Scranton Roundabout as shown in Figure A. The current status of these plans is a 30% submittal to the City for review.

West Street Extension
 Consultant will prepare PS&E for construction improvements for the Scranton and Westwood Extension as shown in Figure A. The design will connect the West and Scranton Roundabout with the Worth and Westwood Roundabout.

Worth and Westwood Roundabout
 Consultant will prepare PS&E for construction improvements for Worth and Westwood Roundabout as shown in Figure A. The roundabout will be designed with 4 legs, but the eastern leg will be closed to traffic until Worth Avenue is extended.

Scranton to Westwood Street Transition
 Consultant will prepare PS&E for construction improvements for a new roadway alignment connecting Westwood to Scranton and removal of the Scranton and Westwood intersection, as shown in Figure A.

Worth Avenue Plan Line
 Consultant will prepare plan line documents for the extension of Worth Avenue east of the Worth and Westwood Roundabout as shown in Figure A.

WORK TASKS
The Consultant will provide the following work tasks:

SCOPE OF SERVICES
Part 1 – West and Scranton Roundabout ($109,500)
201 Final PS&E (95%)
Ninety-five percent (95%) plans, specifications and estimates will be prepared based on the confirmed design criteria and the 30% plan comments from the City. 95% Plans will be prepared utilizing Caltrans and City standards and will include the proposed roadway improvements and traffic control devices. The project design specifically will include the following:
 Alignment Layout Sheets. These sheets will identify the station alignments for each of the curb and gutter and median island alignments.  Typical Cross Sections. These cross sections will detail an east-west and a north-south view through the roundabout, as well as cross sections for Sunnyside Avenue and the local street on north, south, and west sides of the roundabout.
 Horizontal and Vertical Geometric Designs (Plan and Profiles and Contour Plans). Plan views, including curve and line tables for median and curb and gutter design will be included in these sheets. Profiles will be created for each corner of the roundabout, each median island, and for center truck apron.

These plans will also address drainage within the roundabout.  Construction Details for ADA ramps, truck apron, pedestrian passageways, median islands, etc.
 Pavement Delineation and Signing. Plans will be designed per Caltrans and CA MUTCD standards. These plans may also include a chart that would include stations and lengths of proposed materials.
 Electrical and Highway Lighting. These sheets will identify lighting within the center of the roundabout and at each of the conflict points within the roundabout, per Caltrans and Federal guidelines for roundabout design.

Electrical quantity sheets will not be prepared. Power service will be made available by Client or the City.
 Existing and Proposed Plan View Sheet.
 Staged Construction and Traffic Handling Plans showing details and stages of construction and distribution of traffic.
 Project Specifications, including bid item list, bid item descriptions, and contract language will be prepared. City will provide boilerplate specification in Word for modification and use. Project will be bid and constructed by the City.

Special provisions will be prepared based on Caltrans 2022 Standard Specifications, City of Porterville Standard Specifications, City of Porterville Standard Plans, and Caltrans 2022 Standard Plans will be used for the project, along with project specific special details, which will be in the improvement plans. An updated estimate of probable cost will be prepared. A 95% constructability review meeting will be attended to address City comments.
202 Construction Documents
One hundred percent (100%) PS&E review comments received from the City will be addressed and incorporated into the final construction documents. Substantial changes to the plans after the 100% submittals may be identified as additional services.

The final plans and specifications will be stamped and signed by a registered civil engineer. One digital copy (pdf format) of the submittal will be transmitted to the Client and one original signed copy will be prepared and sent to the City.

Part 2 – West Street Extension ($270,000)
101 Kickoff Meeting
The project team will attend a kickoff meeting with Client and City staff to discuss expectations and objectives for the project. A field review can follow, if necessary, to clarify any issues.
102 Field Surveys and Mapping
Consultant will perform an updated topographic and boundary survey of the existing features and right-of-way. The topographic survey will extend throughout the limits of the project and will be used to develop digital mapping for the design of the proposed improvements. The boundary survey will verify existing right of way and property information and assist the design of new improvements as outlined below:
 Use RTK GPS to establish horizontal control points – assumed horizontal system.
 Run and adjust a level loop through survey control points – from City of Porterville or County of Tulare benchmark(s).
 Gather topographic data using total station systems to ensure good vertical data at intersection returns.
 Cross-Sections streets at 100+ foot intervals (FL, CL, FL) with RTK GPS (+/-

0.1’) where applicable.
 Locate FL at centerline of driveways with RTK GPS (+/- 0.1’).  Locate obvious uplifts of curb (not details, just location shot).  Locate and identify visible utilities in the street along with water meters behind the curb.
 Measure flow-line elevation and pipe size on SSMH and SDMH.  Locate and tie in sufficient monumentation to calculate right-of-way lines of streets, but not individual lot boundaries.
 Locate and tie out monuments within the street with potential to be disturbed by this project.
 Prepare survey of open field area and provide elevations and location over a 200 foot wide area.
 Provide electronic file of the survey in an AutoCAD compatible version.

Discussion and decisions will be made regarding various design components including utility relocation, design constraints/issues, and a recommendation which will be based on a life cycle cost analysis depicting the most cost effective strategy.

This information will be continuously updated throughout the entirety of the design phase of the project.
104 Preparation of Geometric Approval Drawing and 30% Plans Consultant will prepare 30% plans including the following sheets:
 Cover Sheet depicting the area proposed and name of the project with signature locations.
 Legend Sheet with typical items listed
 Roadway alignment Sheet showing proposed project with alignment information for centerline, median islands, and edge of pavement/curb and gutter.
 Typical Cross Section Sheet showing proposed pavement thicknesses, dimensions, and identifying City or Caltrans Standards that will be used.  Roadway layout drawings at 20 scale showing proposed and existing improvements in plan and profile.
 Construction Detail Sheets showing proposed details for special areas within the project.
 Proposed Striping and Signage plans identifying City and Caltrans Details that will be used. Plans will be designed per Caltrans and CA MUTCD standards.

These plans may also include a chart in later submittals that would include stations and lengths of proposed materials.
201 Final PS&E (95%)
Ninety-five percent (95%) plans, specifications and estimates will be prepared based on the confirmed design criteria and the 30% plan comments from the City. 95% Plans will be prepared utilizing Caltrans and City standards and will include the proposed roadway improvements and traffic control devices. Design information, such as elevations, grading limits, and detailed information on profiles will be added at this step.

Project Specifications, including bid item list, bid item descriptions, and contract language will be prepared. City will provide boilerplate specification in Word for modification and use. Project will be bid and constructed by the City.

Special provisions will be prepared based on Caltrans 2022 Standard Specifications, City of Porterville Standard Specifications, City of Porterville Standard Plans, and Caltrans 2022 Standard Plans will be used for the project, along with project specific special details, which will be in the improvement plans. An updated estimate of probable cost will be prepared. A 95% constructability review meeting will be attended to address City comments. This is the last opportunity for the City and the Client to make comments on the plans without incurring an additional service-fee request from the Consultant. This will assist the Client, the City, and the Consultant to be effective with time for comments.
202 Construction Documents
One hundred percent (100%) PS&E review comments received from the City will be addressed and incorporated into the final construction documents. Further submittals after the 100% submittals will be identified as additional services.

The final plan construction documents will be stamped and signed by a registered civil engineer. One digital copy (pdf format) of the submittal will be transmitted to the Client and one original signed copy will be prepared and sent to the City.

Part 3 – Worth and Westwood Roundabout ($226,200)
101 Kickoff Meeting
The project team will attend a kickoff meeting with Client and City staff to discuss expectations and objectives for the project. A field review can follow, if necessary, to clarify any issues.
103 Field Surveys and Mapping
Consultant will perform an updated topographic and boundary survey of the existing features and right-of-way. The topographic survey will extend throughout the limits of the project and will be used to develop digital mapping for design of the proposed improvements. The boundary survey will verify existing right of way and assist the design of new improvements as outlined below:
• Use RTK GPS to establish horizontal control points – assumed horizontal system.
• Run and adjust a level loop through survey control points – from City of Porterville or County of Tulare benchmark(s).
• Gather topographic data using total station systems to ensure good vertical data at intersection returns.
• Cross-Sections streets at 100+ foot intervals (FL, CL, FL) with RTK GPS (+/-

0.1’).
• Locate FL at centerline of driveways with RTK GPS (+/- 0.1’). • Locate obvious uplifts of curb (not details, just location shot). • Locate and identify visible utilities in the street along with water meters behind the curb.
• Measure flow-line elevation and pipe size on SSMH and SDMH. • Locate and tie in sufficient monumentation to calculate right-of-way lines of streets, but not individual lot boundaries.
• Locate and tie out monuments within the street with potential to be disturbed by this project.
• Prepare survey of open field area and provide elevations and location over a 200 foot wide area.
• Provide electronic file of the survey in an AutoCAD compatible version.

The City’s surveyor for construction will tie out existing monuments and create corner records as necessary.
103 Utility Coordination
Locations of existing utilities will be identified through available City, developer, and utility company record drawings. Utility companies will not be contacted, but the information previously received will be made available to the Consultant. Existing utilities will be incorporated in digital topographic mapping and shown in both plan and profile on the construction documents. The City and any other agency affected by the project will be notified whether potential relocation or other mitigations are required.
103 Design Criteria Confirmation
Consultant will prepare a list of design criteria via email or memo which will discuss various design components including utility relocation, design constraints/issues, and preliminary costs. Items within the PDM will include:
 Identification of Design Vehicle (STAA is anticipated)  Identification of standards for vertical curb, truck apron, curb and gutter, and striping for the project. It is assumed that most of these standards will be City of Porterville. Caltrans standards and custom details will be outlined, as well.  Potential utility conflicts and proposed design accommodations  Fastest Path Exhibits
 Turn Template Exhibits
 Stopping Sight Distance Exhibits
 Stopping Sight Crosswalk Exhibits
 Stopping Sight Exit Exhibits
 Intersection Sight Distance Exhibits
 Suggested treatments for the center median island and corners. 104 Preparation of Geometric Approval Drawing and 30% Plans Consultant will prepare 30% plans including cross sections, roadway layout drawings, preliminary design profiles, preliminary striping and signage plans, and partial detail sheets. A review meeting will be attended to address City comments. 201 Final PS&E (95%)
Ninety-five percent (95%) plans, specifications and estimates will be prepared based on the approved design criteria and approved Geometric Approval Drawings. Plans will be prepared utilizing Caltrans and City standards and will include the proposed roadway improvements and traffic control devices. The project design specifically will include the following:
 Alignment Layout Sheets. These sheets will identify the station alignments for each of the curb and gutter and median island alignments.  Typical Cross Sections. These cross sections will detail an east-west and a north-south view through the roundabout, as well as cross sections for Sunnyside Avenue and the local street on north, south, and west sides of the roundabout.
 Horizontal and Vertical Geometric Designs (Plan and Profiles and Contour Plans). Plan views, including curve and line tables for median and curb and gutter design will be included in these sheets. Profiles will be created for each corner of the roundabout, each median island, and for center truck apron.

These plans will also address drainage within the roundabout.  Construction Details for ADA ramps, truck apron, pedestrian passageways, median islands, etc.
 Pavement Delineation and Signing. Plans will be designed per Caltrans and CA MUTCD standards. It is intended that the signage and striping will be bid as a lump sum bid item. Signage and striping quantity sheets will not be provided.
 Electrical and Highway Lighting. These sheets will identify lighting within the center of the roundabout and at each of the conflict points within the roundabout, per Caltrans and Federal guidelines for roundabout design.

Electrical quantity sheets will not be prepared. Power service will be made available by Client.
 Existing and Proposed Plan View Sheet.
 Staged Construction and Traffic Handling Plans showing details and stages of construction and distribution of traffic.
 Project Specifications, including bid item list, bid item descriptions, and contract language will be prepared. City will provide boilerplate specification in Word for modification and use. Project will be bid and constructed by the City.

Part 4 – Scranton to Westwood Street Transition ($122,300) 101 Kickoff Meeting
The project team will attend a kickoff meeting with Client and City staff to discuss expectations and objectives for the project. A field review can follow, if necessary, to clarify any issues.
102 Field Surveys and Mapping
Consultant will perform an updated topographic and boundary survey of the existing features and right-of-way. The topographic survey will extend throughout the limits of the project and will be used to develop digital mapping for the design of the proposed improvements. The boundary survey will verify existing right of way and property information and assist the design of new improvements as outlined below:
 Use RTK GPS to establish horizontal control points – assumed horizontal system.
 Run and adjust a level loop through survey control points – from City of Porterville or County of Tulare benchmark(s).
 Gather topographic data using total station systems to ensure good vertical data at intersection returns.
 Cross-Sections streets at 100+ foot intervals (FL, CL, FL) with RTK GPS (+/-

Special provisions will be prepared based on Caltrans 2022 Standard Specifications, City of Porterville Standard Specifications, City of Porterville Standard Plans, and Caltrans 2022 Standard Plans will be used for the project, along with project specific special details, which will be in the improvement plans. An updated estimate of probable cost will be prepared. A 95% constructability review meeting will be attended to address City comments. This is the last opportunity for the City and the Client to make comments on the plans without incurring an additional service-fee request from the Consultant. This will assist the Client, the City, and the Consultant to be effective with time for comments.
202 Construction Documents
One hundred percent (100%) PS&E review comments received from the City will be addressed and incorporated into the final construction documents. Further submittals after the 100% submittals will be identified as additional services.

Part 5 – Worth Avenue Plan Line ($52,300)
101 Kickoff Meeting
The project team will attend a kickoff meeting with Client and City staff to discuss expectations and objectives for the project. A field review can follow, if necessary, to clarify any issues.
102 Field Surveys and Mapping
Consultant will perform an alignment study survey that would include high definition imagery along with periodic GPS derived topographic spot elevation along the proposed alignment. The alignment would begin east of Westwood at the roundabout location and run easterly approximately 1.6 miles east to the Prospect Road alignment, and then north to meet the existing southerly extension of Prospect Road. :
 Use RTK GPS to establish horizontal control points – assumed horizontal system.
 Run and adjust a level loop through survey control points – from City of Porterville or County of Tulare benchmark(s).
 Gather topographic data using RTK GPS.
 Locate and tie in sufficient monumentation to calculate right-of-way lines of streets, but not individual lot boundaries.
 Use of drone for high-definition aerial photographs along the alignment.  Provide electronic file of the survey in an AutoCAD compatible version. 103 Utility Coordination
Locations of existing utilities will be identified through available City, developer, and utility company record drawings. Utility companies will not be contacted, but the information previously received will be made available to the Consultant. Existing utilities will be incorporated in digital topographic mapping and shown in both plan and profile on the construction documents. The City and any other agency affected by the project will be notified whether potential relocation or other mitigations are required.
104 Preparation of Plan Line Drawings
Consultant will prepare Plan Line drawings including the following sheets:
 Cover Sheet depicting the area proposed and name of the project with signature locations.
 Legend Sheet with typical items listed.
 Roadway alignment Sheet showing proposed project with alignment information for centerline, median islands, and edge of pavement/curb and gutter.
 Typical Cross Section Sheet showing proposed pavement thicknesses, dimensions, and identifying City or Caltrans Standards that will be used.  Roadway layout drawings at 20 scale showing proposed and existing improvements in plan and profile. Proposed profile will match the existing elevations where possible. Proposed Striping and Signage will be included, identifying City and Caltrans Details that will be used. Plans will be designed per Caltrans and CA MUTCD standards.

CLIENT’S DUTIES AND RESPONSIBILITIES
The Client shall:
a) Provide all criteria and full information concerning Client’s requirements for the project.
b) Provide an arborist, as necessary.
c) Give prompt notice to Consultant whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Consultant’s services. d) At Client’s discretion, authorize and direct Consultant to provide necessary Additional Services.
e) Acquire any necessary Right-of-Way.
f) Pay for any outside agency permits.
g) Provide environmental clearance.
h) Provide for Construction Surveying Services, including ties to existing survey monuments and corner records.

ADDITIONAL SERVICES
The Client may, at its sole discretion, request that Consultant perform Additional Services.

Both parties, prior to proceeding with these services, shall execute a written amendment to this Agreement.

Additional services will be required if Consultant is to perform services not specifically described herein. Additional services will be required if any additional project alternatives will be requested, including assistance with acquisition of right of way. Additional Services will be required if Consultant is required to attend additional meetings not already identified in this scope of work, including but not limited to project design team, public hearings, planning commission meetings, and city council meetings. Additional Services will be required if Eminent Domain proceedings should be required to acquire parcels. Additional Services will be required if Consultant is required to assist with Bidding and Construction Phase Services.

RIGHT TO RELY
Consistent with the professional standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by the Client or others without independent review or evaluation unless specifically required in the Scope of Services.

COMPENSATION
Consultant’s fee for the services described herein shall be in accordance with the fee proposal included and will be billed to the Client on a lump-sum-per-task basis monthly on a percentcomplete basis.

SCHEDULE
The anticipated start for the project is April 8, 2024. The first order of business will be to prepare the updated design surveys. Review of County and Caltrans plans will be done as the plans become available. Preparation of the PS&E will commence when the design survey is completed. The timing of submittals will be coordinated with Client at the design kick-off meeting.

EXHIBIT “B”

HOURLY RATE SCHEDULE
(Effective 1/1/24 to 12/31/24)

CLASSIFICATION RATE
Principal Civil Engineer $215/hr
Senior Civil Engineer $205/hr
Civil Engineer $185/hr
Land Surveyor $165/hr
Staff Engineer $160/hr
Draftsperson/Technician/Inspector $120/hr
Clerical $90/hr
Litigation Support $500/hr

REIMBURSABLES SCHEDULE
(Effective 1/1/24 to 12/31/24)

DESCRIPTION RATE
Mileage $0.68/mile
Travel Subsistence Actual Cost + 10%
Postage Actual Cost + 10%
Reproduction Actual Cost + 10%
Subconsultant Actual Cost + 10%
Work requiring an accelerated schedule is subject to a 25% labor surcharge. Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.

Peters Engineering Group ARTERIAL ROADS & ROUNDABOUTS AT THE INTERSECTION OF CITY OF PORTERVILLE WORTH AVENUE WESTWOOD STREET SCRANTON AVENUE & WEST STREET & THE INTERSECTION OF WORTH AVENUE & WESTWOOD STREET SCRANTON AVENUE FIGURE A-1 Peters Engineering Group ARTERIAL ROADS & ROUNDABOUTS AT THE INTERSECTION OF CITY OF PORTERVILLE WORTH AVENUE SCRANTON AVENUE & WEST STREET & THE INTERSECTION OF WORTH AVENUE & WESTWOOD STREET FIGURE A-2 ARTERIAL ROADS & ROUNDABOUTS AT THE INTERSECTION OF CITY OF PORTERVILLE WORTH AVENUE SCRANTON AVENUE & WEST STREET & THE INTERSECTION OF WORTH AVENUE & WESTWOOD STREET Peters Engineering Group FIGURE A-3 Item No. 6.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Request for Will Serve Letter – 220 S. Maurer Street SOURCE: Community Development
BACKGROUND: The subject property located at 220 S. Maurer Street (APN 262-022-002) is located in East Porterville, outside the city limits and within the city’s Urban Development Boundary. The property is currently developed with a single-family residential home. The property currently receives water via an Extraterritorial Service Agreement (ESA), as an emergency water service connection through the California Department of Water Resources (DWR) Emergency Connection Project for East Porterville in which the subject property qualified as part of the East Porterville Feasibility Study Project Area. An application for an ESA was processed on July 12, 2016 and approved. The application included an Irrevocable Agreement for Annexation (IAA #6-37) and a Deed Restriction for future development, which document was recorded at the Tulare County Recorder’s office as Record Number 2016-0079802 on December 15, 2016.

COMMENT: Staff received a request for a will-serve letter in order to provide a second water connection service to existing property, for development of a future residential dwelling unit on the property.

ANALYSIS: As a condition of water service connection through the Extraterritorial Service Agreement, a deed restriction was recorded that outlined, “no expansion or modification of this use, including conversion of structures or addition of habitable structures, may be permitted without approval of the City Council of the City of Porterville”. The future development of a residential dwelling unit shall comply with Tulare County’s development standards.

ENVIRONMENTAL
REVIEW:

On March 21, 2024, the Environmental Coordinator made a determination that the project is exempt from CEQA as a ministerial project as it consists solely of the approval of an individual utility service connection (CEQA Guidelines §15268(b)(4)).

RECOMMENDATION: That the City Council adopt the draft resolution approving the second water service connection.

ATTACHMENTS: 1. 220 S Maurer Locator Map
Item No. 6.

2. Site Plan

3. ESA 6-37

4. Irrevocable Agreement for Annex. to City of
Porterville_Recorded 6-37

5. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

RESOLUTION NO.____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A SECOND SERVICE FOR MUNICIPAL WATER FOR PROPERTY LOCATED AT 220 S. MAURER STREET
WHEREAS: The California State Water Resources Control Board, in coordination with the Department of Water Resources, conducted a feasibility study to define a long-term solution to the water-related issues in East Porterville.; and WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of April 19, 2016 amended the procedures for annexation and extension of municipal services via Resolution 19-2016: and
WHEREAS: The property located at 220 S. Maurer Street (APN 262-022-002) qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on July 12, 2016; and WHEREAS: The Extraterritorial Service Agreement (ESA) included an Irrevocable Agreement for Annexation, IAA # 6-37, and a Deed Restriction, which document was recorded at the Tulare County Recorder’s on December 15, 2016 as Record Number 2016- 0079802; and
WHEREAS: The Deed Restriction outlined, “no expansion or modification of this use, including conversion of structures or addition of habitable structures may be permitted without approval of the City Council of the City of Porterville”; and WHEREAS: The future development of a residential dwelling unit complies with Tulare County’s development standards; and
WHEREAS: This project is exempt from CEQA pursuant to CEQA Guidelines Section §15268, Ministerial Projects.

NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby approve the request for a second water service for the future development of a residential dwelling unit:

1. All water service connections shall comply with all applicable codes, including but not limited to Porterville Municipal Code Section 26-2, which requires the abandonment of wells upon municipal service connection.

2. A back-flow device is required on the water meter.

3. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

Resolution No. __-2024

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 2nd day of April, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:__________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 7.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Intent to Set a Public Hearing - Vacation of a Portion of College Avenue SOURCE: Engineering and Project Management
COMMENT: The City has received a request to vacate an improved segment of College Avenue at Main Street. Attached is a locator map and legal description that illustrates the location of the public street to be vacated. Porterville College is implementing their Facilities Master Plan for the campus and as part of that plan, the circulation on College Avenue will no longer extend onto Main Street as a new road (Triunfo Avenue) is planned to connect Main Street and Plano Street south of Jamison Stadium. The roads for College Avenue and Triunfo Avenue will be constructed by Porterville College to City Standards.

Staff has reviewed the request to vacate the portion of College Avenue and believes that there are no problems with any other reversionary rights. The street vacation is necessary for the proposed orderly development of the Porterville College Facilities Master Plan.

All fees have been paid, and if the Council takes action to vacate a portion of the public street, the utility companies will be notified of the intent to vacate the portion of College Avenue. An easement will be retained for utilities that exist within the boundaries of College Avenue that is to be vacated.

The City Council previously approved Resolution No. 05-2024 and set the Council Meeting of March 19, 2024, as the time and place for the Public Hearing for the intent to vacate and close to public use an improved segment of College Avenue at Main Street. The required legal notice for said hearing was not appropriately noticed in the paper. As such, the previously approved resolution must be rescinded, a new draft resolution considered for approval, and a new date designated as the place and time for the public hearing.

RECOMMENDATION: That the City Council:

1. Approve the draft resolution rescinding Resolution No. 05- 2024; and

2. Approve the draft resolution of intent to abandon a portion of College Avenue; and

3. Set the Council Meeting of May 7, 2024, as the time and place for the Public Hearing.

ATTACHMENTS: 1. Draft Resolution - Rescinding Resolution No. 05-2024

2. Draft Resolution - Intent To Vacate Portion of College Item No. 7.

Avenue

3. Locator Map

4. Legal Description

5. Porterville College Facilities Master Plan Exhibit
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO.____- 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE RESCINDING RESOLUTION NO. 05-2024
WHEREAS, on February 20, 2024, the City Council approved and adopted Resolution No. 05-2024 concerning the intent to vacate and close to public use an improved segment of College Avenue at Main Street in the City of Porterville, County of Tulare, State of California; and
WHEREAS, Resolution No. 05-2024 also set forth the time and place of the public hearing for members of the public to let their voices be heard as to the proposed vacation, abandonment, and closure to public use of said public right of way; and WHEREAS, due to issues with the noticing of the public hearing, the hearing was not conducted, and therefore members of the public were unable to be heard and the public hearing needs to be rescheduled.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby rescind Resolution No. 05-2024 in its entirety.

PASSED, APPROVED AND ADOPTED this 2nd day of April, 2024. ______________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: _______________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
RESOLUTION NO. _____ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

OF INTENTION TO VACATE AND CLOSE TO PUBLIC USE AN IMPROVED

SEGMENT OF COLLEGE AVENUE AT MAIN STREET
SECTION 1: The Council of the City of Porterville, California, pursuant to Division 9, Part 3, Section 830, of Streets and Highways Code of the State of California, does hereby resolve as follows, to-wit:

That it is the intention of the Council of the City of Porterville to abandon and close to public use that certain right of way located in the City of Porterville, County of Tulare, State of California, and known generally as an improved portion of College Avenue at Main Street.

SECTION 2: A map or plan of said public rights of way intended to be vacated, abandoned and closed to public use is on file in the office of the City Clerk of the City of Porterville, reference to which is hereby made.

SECTION 3: The public convenience and necessity requires the reservation of easements and rights of way for public utility facilities enumerated in Section 8334.5 of the California Streets and Highways Code;
SECTION 4: The City of Porterville, in abandonment of said public rights of way to public use, reserves and excepts from the vacation the permanent easement and right at any time, or from time to time to construct, maintain, operate, replace, remove and renew sanitary sewers, water lines, and storm drains and appurtenant structures in, upon, over, and across said street or part thereof proposed to be vacated and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipes, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraph and telephone lines, railroad lines, and from the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, including the access and the right to keep the property free from flammable materials and wood growth, and otherwise protect the same from all hazards in, upon and over the street or part thereof herein proposed to be vacated.

SECTION 5: Notice is further given that on Tuesday, the 7th day of May, 2024, at 6:30 p.m., or as soon thereafter as the matter can be heard, in the Council Chambers at City Hall in the City of Porterville, at 291 North Main Street, is hereby fixed for the time and place for hearing any objections to the vacation, abandonment and closing to public use of said public rights of way.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel-Moraga, Deputy City Clerk
© 2024 Microsoft Corporati

AREA TO BE VACATED

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROPOSED COLLEGE AVE

VACATION
HIGHWAY 190

S MAIN ST

E COLLEGE AVE

N
Item No. 8.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Acceptance of the University of California, Davis Grant for the Pet Pantry and Pest Control Program
SOURCE: Police
COMMENT: In December 2023, a grant proposal/application was submitted to the University of California, Davis, on behalf of the Porterville Animal Shelter for the implementation of the Pet Pantry and Pest Control Program. The Davis Campus School of Veterinary Medicine administers the grant on behalf of its Koret Shelter Medicine Program. The grant focuses on decreasing owner surrenders by collaborating with our city and animal services partners to offer food and preventative medications for the care of animals.

On February 21, 2024, the Porterville Police Department received notification from the University of California, Davis, that funding in the amount of $81,561 had been approved for the Porterville Animal Shelter. As noted, the funding will cover costs associated with medication for the reclaiming of animals, and adoption-related activities including; food, storage of food, and necessary medication requirements for animals. Police Department staff has already begun collaborating with our community partners who are actively engaged in partnership with the Porterville Animal Shelter to assist in administering the aforementioned animal-related services in accordance with the grant. The proposed grant will fund the Pet Pantry and Pest Control Program through December 31, 2024.

RECOMMENDATION: That the City Council accept the grant from the University of California, Davis, in the amount of $81,561.

ATTACHMENTS: 1. UC Davis Grant (2024)
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
UCD #_______
1 of 4
UC Davis Agreement #_______

SHELTER SERVICES AGREEMENT
(Porterville Animal Shelter)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and PORTERVILLE ANIMAL SHELTER (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $81,561 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].

3. Term. Services shall be rendered from January 1, 2024 through December 31, 2024.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

UCDPO00001013
UCDPO00001013
UCD #______

Page 2 of 4 ends

7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.

9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

SHELTER (regarding contracts)
Kaja Gula-Thomas
Volunteer, Grant Writer
Porterville Animal Shelter
23611 Rd 196,
Lindsay, CA 93247
E-mail: [email protected]
UNIVERSITY (regarding contracts)
Business & Revenue Contracts
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]

13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. Governing Law. This Agreement shall be construed pursuant to California law.

Steven Kobayashi
UCDPO00001013
UCDPO00001013
January 19, 2024
Steven Kobayashi, Associate Director
Business & Revenue Contracts
UCD #_______
4 of 4
Exhibit A
Scope of Work

1. Purpose of the work: Porterville Animal Shelter will implement the Pet Pantry and Pest Patrol Program to reduce owner surrenders by providing preventative care and pet food to their community.

2. Roles and responsibilities of each party: Porterville Animal Shelter will provide historical data from 2018 to 2022, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements. No University equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of January 1, 2024 through December 31, 2024.

4. Location where work will be performed: 23611 Rd 196, Lindsay, CA 93247

5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.

6. Project milestones: Program pilot to be completed by December 31, 2024.

7. Total cost of the services: Total of services not to exceed $81,561. No construction costs will be funded through this grant.

Items:
$15,051
$2,635
• Preventative pet medication and supplies
• Storage
• Pet food $63,875
Total expenses: $81,561

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Additional work is not anticipated at this time.

UCDPO00001013
Item No. 9.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: National Law Enforcement Training on Child Exploitation in Atlanta, Georgia SOURCE: Police
COMMENT: The National Law Enforcement Training on Child Exploitation (NLETC) Conference, presented by the National Internet Crimes Against Children (ICAC) Task Force, holds the finest ICAC training available each year at a conference held at different locations. This year, the City of Atlanta, Georgia, was chosen as the location for the conference.

On average, there are over 1,000 attendees from local, state, and federal agencies, including numerous from out-of-state. The fight against Child Sexual Abuse Material (CSAM) is important, ongoing, and complex. This one-of-akind, three-day training conference, offers several classes for law enforcement and prosecutors to learn how to prevent, combat, and investigate Internet Crimes Against Children. This year’s event, which has received the approval of the United States Department of Justice, is focusing primarily on investigating and prosecuting technology-facilitated crimes against children.

In addition to receiving the invaluable training, attendees will learn from peers and industry experts, network with other officers from their state and region, and see the latest vendor technology to assist with digital investigations.

Detective Duane Cornett is the Porterville Police Department’s Internet Crimes Against Children expert and is a member of the Fresno/Tulare Counties ICAC Task Force. Although the Porterville Police Department must pay travel expenses upfront, the flight, baggage fees, per-diem for all meals, and hotel accommodations are fully reimbursed by the Fresno/Tulare ICAC Task Force.

Unfortunately, there are no other trainings of this caliber offered in/around California.

Pursuant to City policy, out-of-state travel by staff requires City Council approval. The police department is seeking approval to allow Detective Cornett to attend the NLETC Conference, which is scheduled to take place from June 11-13, 2024.

RECOMMENDATION: That the City Council

1. Approve the out-of-state travel for Detective Duane Cornett to attend the National Law Enforcement Training on Child
Exploitation Conference in Atlanta, Georgia.

Item No. 9.

ATTACHMENTS: 1. National Law Enforcement Training on Child Exploitation Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager

Item No. 10.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Approval of Community Civic Event - Pink Heals Tulare County Chapter - Rollin' Relics Car Show - May 11, 2024
SOURCE: Finance
COMMENT: The Rollin' Relics Car Club and the Pink Heals Tulare County Chapter is requesting approval to hold the annual Rollin' Relics Car Show on Saturday, May 11, 2024, from 7:00 AM to 4:00 PM, at Veterans Park. The Rollin' Relics Car Club is asking for the ability to park show cars and set up vendor booths on the grass area along Newcomb Street and Henderson Avenue within the park.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. The requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Pink Heals Tulare County Chapter to hold the Rollin' Relics Car Show on May 11, 2024, at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager

 Purple indicates where the show cars will be parked.

Item No. 11.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Request for Proclamation - Arbor Day - April 26, 2024 SOURCE: Administrative Services
COMMENT:

At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

The City of Porterville Parks and Leisure Services Department has requested a proclamation to proclaim April 26, 2024, as "Arbor Day" in Porterville. Mayor Flores is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim April 26, 2024, as "Arbor Day" in the City of
Porterville.

ATTACHMENTS: 1. Proclamation Request - Arbor Day - 2024 Appropriated/Funded: N/A
Review By:

Department Director:

Yuliana Andrade, Acting Administrative Services Director Final Approver: Patrice Hildreth, City Manager

Item No. 12.

CITY COUNCIL AGENDA – APRIL 2, 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 19, 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. 12.

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. 12.
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. 12.

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. 12.

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. Municipal Code Chapter 9 - Civil Defense and Disaster

22. California Government Code 8558

23. Armory Daily Census
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 12.

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.

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.

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.

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.

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

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.) 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
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Wednesday, March 27, 2024
Item No. 13.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: Public Hearing and Consideration of An Ordinance Regulating Unsafe and Unauthorized Camping and Storage of Personal Property, and the Protection of Critical Infrastructure, and Mitigation of Harm to Public Health, Safety and Welfare
SOURCE: City Attorney
COMMENT: At the regular City Council Meeting on March 5, 2024, the City Council reviewed a draft ordinance that if approved would regulate camping within the City and protect critical infrastructure. Staff provided the preliminary assessment of critical infrastructure and facilities that should be protected, and provided draft maps and a list of public buildings and facilities to consider.

The City Council provided additional comments and recommended changes, and authorized staff to schedule a public hearing and consideration of first reading of the ordinance at tonight's meeting.

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

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

The draft also contains a restriction on the number of individuals per camp, limiting it to two adult persons, their minor dependents (if any), and two animals (clarified as requested at the last meeting).

Item No. 13.

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

Per additional direction given by the City Council Members, language was added to the "whereas" clauses providing that all people have a right to be protected from environmental pollution and to live in a clean and healthy environment and safe living conditions, and clarifications were also made to the findings related to the City Council's belief that people should not have to live outside, that there are safer options. The definition section concerning "Critical Infrastructure" was also clarified to provide that the facilities meeting the definition can be set forth by Ordinance or Resolution, and "health facilities" was added to the list of potential examples.

If approved, this draft ordinance will also repeal and replace the City's current regulations concerning "Squatter Camps." Consequently, this draft also includes restrictions on unlawful camping on private property, defined as camping without the property owner's consent, camping in a manner that violates applicable law, or in a manner that causes blight or a public nuisance.

This ordinance will not supersede the City's ability to also enforce applicable trespass laws.

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

Staff recommends that the City Council hold the noticed public hearing and consider any testimony provided, and consider whether to approve and give first reading of the draft ordinance, reading by title only and waiving further reading thereof.

RECOMMENDATION: That the City Council:

1. Hold the noticed Public Hearing and consider all testimony provided; and
Item No. 13.

2. Consider whether to approve Ordinance No. 1905, An
Ordinance of the City Council of the City of Porterville Repealing Article VII of Chapter 18 (Sections 18-76 through 18-83) of the City of Porterville Municipal Code and Replacing it with Chapter 18, Article VII, Regulating Unsafe and Unauthorized Camping and Storage of Personal Property, and the Protection of Critical Infrastructure, and Mitigation of Harm to the Public Health, Safety and Welfare; and

3. If so approved, give first reading by title only, and order the Ordinance to print.

ATTACHMENTS: 1. Draft Ordinance

2. Draft Ordinance - Red Line Version
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Final version for 1st Reading 040224
1 ORDINANCE NO. ____

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

AND STORAGE OF PERSONAL PROPERTY, AND THE PROTECTION OF CRITICAL INFRASTRUCTURE, AND

MITIGATION OF HARM TO THE PUBLIC HEALTH, SAFETY AND WELFARE WHEREAS, the City of Porterville (“City”) encourages the use of open spaces and facilities within the City by all members of the community; and
WHEREAS, all people have a right to be protected from environmental pollution and to live in and enjoy clean, healthful, and safe living conditions; and
WHEREAS, camping in undesignated campsites within the City limits creates unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public, for example when the camping has occurred in the Tule Riverbed or along the embankments, where there has been both severe flood and fire dangers to those camping and the public depending on the season; and
WHEREAS, camping in undesignated campsites within the City limits tends to degrade and even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and
WHEREAS, camping in undesignated campsites within the City limits not only detracts from the use of the property for its intended purposes but also can create dangerous conditions for the public; and WHEREAS, the City has the authority to adopt regulations to ensure the public’s health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, a federal Ninth Circuit Court of Appeals decision, Martin v. City of Boise, 920 F.3d 584 (9 th Cir. 2019) (“Martin”), prohibits criminal prosecution for sleeping outside on public property when adequate shelter is not reasonably available for persons involuntarily experiencing homelessness, based upon an interpretation of the Cruel and Unusual Punishments Clause of the U.S. Constitution’s Eight Amendment; and WHEREAS, the federal Ninth Circuit court suggested in its decision in Martin that the prohibition on criminal prosecution would not apply to individuals who have reasonable access to adequate temporary shelter; and
WHEREAS, the Ninth Circuit court in Martin suggested that even when adequate shelter is unavailable, an ordinance establishing reasonable time, place, and manner regulations on sitting, lying, or sleeping may be allowed under the U.S. Constitution when the regulations are to address legitimate public health and safety concerns; and
WHEREAS, the federal Ninth Circuit court in the case of Johnson v. City of Grants Pass, 72 F.4th 868 (9th Cir. 2023) (“Grants Pass”) (to be heard and considered by the U.S. Supreme Court in April 2024), expanded upon its decision in Martin to prohibit civil enforcement for sleeping outside when adequate Final version for 1st Reading 040224
2 shelter is not reasonably available for persons involuntarily experiencing homelessness if civil enforcement can lead to criminal enforcement; and
WHEREAS, there are available low barrier overnight shelters operating within the City, that as of the date of the adoption of this Ordinance have had space available nightly; and WHEREAS, the City has invested significant funds, resources, and time to assist persons experiencing homelessness to find temporary and permanent shelter and necessary public health services to address the causes of their homelessness, has sought to address the underlying issues contributing to homelessness and has striven to be a part of the solution. These City of Porterville actions and efforts have included:

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

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

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

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

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

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

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

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3 2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitation services and waste collection, with some diseases such as hepatitis A and typhus more likely to occur in homeless populations.

3. Health and safety issues are presented by the violation of fire, building, electrical and other codes and standards for public health and safety, including the unauthorized and unpermitted use of electrical and utility connections, due to the potential and reality of unsafe and unhealthy conditions in encampments, posing life, safety, fire and health threats to both the occupants of the encampments, the general public and emergency responders.

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

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

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

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

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

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

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

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4 12. Unauthorized connections or taps to public utilities, as well as violation of fire, building, electrical and other codes and standards, create unsafe conditions and a potential life safety hazard for the occupant, the general public and emergency responders.

13. Encampments pose immense public health concerns as the rates of overdoses from drugs like fentanyl and heroin have increased substantially among the unhoused and encampments can provide an environment conducive to illegal drug consumption.

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

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

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

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

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

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

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

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

CHAPTER 18. ARTICLE VII – UNAUTHORIZED CAMPING REGULATIONS Final version for 1st Reading 040224
5 Section 18-76 FINDINGS AND PURPOSE
A. As the City continues to offer assistance and services to persons experiencing homelessness, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with its limited resources.

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

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

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

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

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

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

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

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

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

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6 K. It is the intent of the City to evaluate each removal of an Established Campsite with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. The City intends to use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate. When the City requires a person experiencing homelessness to remove an Established Campsite, through these regulations, it intends to provide the person adequate time to remove the Established Campsite before the City removes the Established Campsite, to secure any personal property with reasonable utility or reasonable value for the person to retrieve at a later date, and to clean the former Established Campsite to address threats to public health and safety.

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

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

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

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

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

Final version for 1st Reading 040224
7 E. “Enforcement Personnel” means the employee(s) of the City, including but not limited to sworn police officers, and code enforcement officers authorized by the City to seek compliance with, and enforce, the regulations, requirements, and rules of this.

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

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

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

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

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

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

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

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

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

O. "Rights-of-Way" means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular use, pedestrian use, utilities or Final version for 1st Reading 040224
8 other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.

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

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

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

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

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

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

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

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

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

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

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9 4. Any vehicle lane, bicycle lane, roundabout within any public right-of-way, or Transportation Facility Loading Area.

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

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

7. Within, or within an additional distance boundary as set by Resolution, any School.

8. Within, or within an additional distance boundary as set by Resolution, any Playground.

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

10. On, or within an additional distance boundary as set by Resolution, of riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly owned water, sewer or storm drain infrastructure (e.g., sewer lift stations, storm water pump stations or structures).

11. Within, or within an additional distance boundary as set by Resolution, Critical Infrastructure.

12. Within, or within an additional distance boundary as set by Resolution, either a very high Fire Severity Zone or a high Fire Severity Zone.

13. In or within an additional distance boundary as set by Resolution of Refuse Service Containers (all bin and curbside service containers, in addition to designated Refuse trash enclosures).

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

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

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

2. A Camp or Camping shall be limited to a spatial footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restrictions set forth in this Chapter. The intent of this section is to allow a Final version for 1st Reading 040224
10 person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.

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

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

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

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

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

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

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

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

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

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

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

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

14. Camps shall consist of no more than two adult persons, their minor dependents, two animals (e.g., dogs) that are leashed or crated at all times, and one tent.

Section 18-79 ENFORCEMENT
A. Voluntary Compliance. Before enforcement actions are taken in respect to this Chapter (with the exception of enforcement of subsection (B)(3) below), the enforcement personnel shall make a good faith effort to contact the person violating this Chapter and provide a reasonable opportunity to cure or remedy the alleged violation. Enforcement Personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local nonprofit assistance organizations and make a referral if it appears none has been made. The following shall be communicated to the person in a manner designed to help them understand the alleged violation:

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

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

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

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

B. Notice of Violation

1. 72 Hour Notice. Prior to implementing any of the enforcement mechanisms provided for in this Chapter to remove an Established Campsite and/or Camp Facilities because of violations of this Chapter, the Enforcement Personnel shall provide occupants of an Established Campsite or Camp Facilities, at least 72 hours in advance of any action to remove the Established Campsite or Camp Facilities, notice both to remove the camp within 72 hours consistent with the requirements of this Chapter as well as of the intent by the City to remove the Established Campsite or Camp Facilities in no less than 72 hours (the “notice”). The notice shall be in writing and shall be posted on or near the Established Campsite or Camp Facilities, so as to reasonably communicate the notice to persons living at the Established Campsite or Camp Facilities but not present during the attempt to provide notice. In addition, the Enforcement Personnel shall make a good faith effort to personally provide the written notice to the occupant(s) of the Established Campsite or Camp Facilities present at the time the Enforcement Personnel posts the notice. Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp within 72 hours consistent with the requirements of this Chapter shall constitute a violation of this Chapter. The notice shall contain the following information:
a. The location of the Established Campsite or Camp Facilities; Final version for 1st Reading 040224
12 b. The date and time notice was posted;
c. A statement that the Established Campsite or Camp Facilities violates this Chapter; d. An advisement that the City will remove the Established Campsite or Camp Facilities 72 hours after the date and time of the notice;
e. Information about any housing, shelter, or homeless services available for occupants of the Established Campsite or Camp Facilities, the phone number and address to contact in order to obtain such housing, shelter, or homeless services, if available, and information about obtaining free transportation, if available, to such housing, shelter, or homeless services;
f. An advisement that any personal property remaining at the Established Campsite or Camp Facilities site when the Enforcement Personnel returns to remove the Camp Facilities will be impounded for no fewer than 90 days, or as provided for by applicable law, and will be discarded thereafter if not claimed; and g. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, being a staging or storage area managed by the Porterville Fire Department – Code Enforcement Unit, or as otherwise designated by the City, and that the City will charge no fee for storage or retrieval.

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

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

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

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

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

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

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

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

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

2. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or Final version for 1st Reading 040224
14 contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.

3. The City will store personal property at a storage facility at or near a designated City facility, where people can reasonably retrieve belongings. Notwithstanding any otherwise applicable City policy or procedure, all items collected and stored pursuant to this Chapter that reasonably appear to have a monetary value at the time of collection of less than one thousand dollars ($1,000) shall be stored at a storage facility, and items that reasonably appear to have a monetary value at the time of collection of one thousand dollars ($1000) or more shall be separately stored for safekeeping with the Porterville Police Department (“MBPD”).

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

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

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

Section 18-82 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate Final version for 1st Reading 040224
15 to their ability to comply with this Chapter, or for other reasons that may support discretion in enforcement.

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

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

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

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

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

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

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

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

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16 SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law. 1 ORDINANCE NO. ____

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

CAMPING AND STORAGE OF PERSONAL PROPERTY, AND THE, PROTECTIONNG OF CRITICAL

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

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

1. Homeless encampments raise a number of public health concerns related to waste, sanitation and disease transmission. Unhoused people, like all other people, generate solid waste during their daily activities of food preparation and consumption, shelter building and maintenance and storing their possessions. Without any place or method of proper storage or disposal, the resulting piles of trash become food sources for rodents, breeding grounds for pathogens, fuel for fires, and unattractive nuisances to the public.
3 2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitation services and waste collection, with some diseases such as hepatitis A and typhus more likely to occur in homeless populations.

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

11. Encampments on or near public utilities and critical infrastructure, such as stormwater, water and sewer infrastructure, fire stations, electrical wires and natural gas pipelines, pose unique safety, environmental and security issues and are generally closed to the public or have limited public access for safety, environmental and security reasons.
4 12. Unauthorized connections or taps to public utilities, as well as violation of fire, building, electrical and other codes and standards, create unsafe conditions and a potential life safety hazard for the occupant, the general public and emergency responders.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Within, or within 200 feet ofan additional distance boundary as set by Resolution, any School.

8. Within, or within 200 feet of an additional distance boundary as set by Resolution, any Playground.

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

10. On, or within 200 feetan additional distance boundary as set by Resolution, of riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly owned water, sewer or storm drain infrastructure (e.g. sewer lift stations, storm water pump stations or structures).

11. Within, or within 200 feet ofan additional distance boundary as set by Resolution, Critical Infrastructure.

12. Within, or within 200 feet ofan additional distance boundary as set by Resolution, either a very high Fire Severity Zone or a high Fire Severity Zone.

13. In or within 200 feetan addition distance boundary as set by Resolution of Refuse Service Containers (all bin and curbside service containers, in addition to designated Refuse trash enclosures).

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

2. A Camp or Camping shall be limited to a spatial footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restrictions set forth in this Chapter. The intent of this section is to allow a 10 person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.

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

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

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

12. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited.
11 13. All animals in the custody, ownership or companionship of an individual, must be leashed or crated at all times.

14. Camps shall consist of no more than two adult persons, their minor dependents, two animals (e.g., dogs) that are leashed or crated at all times, and one tent.

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

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

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

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

B. Notice of Violation

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

3. Illegal Activity or Exceptional Emergency. Enforcement personnel may remove an Established Campsite or Camp Facilities without providing the notice described above in the following circumstances:
a. When there is probable cause for law enforcement officials to believe that illegal activity, other than camping, is occurring at an Established Campsite or Camp Facilities, or in the immediate vicinity of an Established Campsite or Camp Facilities; or b. When there is probable cause for law enforcement officials to believe that the property that comprises an Established Campsite or Camp Facilities is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or
c. In the event of an exceptional emergency, such as significant evidence of site contamination by hazardous materials or when there is immediate danger to human life or safety.
13 C. Removal of an Established Campsite or Camp Facilities. If the occupant(s) fail to comply with the request for voluntary compliance set forth in subsection A above, and after the enforcement personnel comply with the requirements set forth in subsection B above, any Camp, Camp Materials, or personal property in violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, and the enforcement personnel may take appropriate actions to remove an Established Campsite or Camp Facilities and enforce this Chapter, consistent with the following:

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

2. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or 14 contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.

Section 18-82 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate 15 to their ability to comply with this Chapter, or for other reasons that may support discretion in enforcement.

SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage and adoption.
16 SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

Item No. 14.

CITY COUNCIL AGENDA – APRIL 2, 2024
SUBJECT: The Homelessness, Drug Addiction, and Theft Reduction Act / Initiative SOURCE: City Manager's Office
COMMENT: During Other Matters at its meeting on March 19, 2024, the City Council approved Council Member Meister's request to discuss Proposition 47, as a Scheduled Matter at its meeting on April 2, 2024.

Proposition 47, The Safe Neighborhoods and Schools Act
Proposition 47 (Prop 47) was a ballot measure passed by California voters in 2014. The Judicial Council of California wrote, “Proposition 47 created new misdemeanors and reclassified several felony theft offenses as misdemeanors.” The savings to the state budget from fewer incarcerated inmates would be channeled into treatment programs and – taking a page from the California Lottery campaign of the 1980s – promised to better fund public schools. Prop. 47 also allowed for the resentencing and release of anyone incarcerated under the old statutes.

Specifically, the law made some non-violent property crimes - where the value did not exceed $950 - and drug possession offenses misdemeanors instead of felony offenses. It also provided that past convictions for these charges may be reduced to a misdemeanor by a court. Under Prop 47, a person may qualify for a reduction from a felony to a misdemeanor for some of the following offenses:
• Shoplifting - Created the new misdemeanor crime of commercial theft/shoplifting of less than $950.00 for offenders who enter with the intent to steal.
• Certain Forgeries - Any forgery resulting in the theft of good values less than $950.00.
• Insufficient Funds - Forgery of "unspecified instruments" under $950.00 would be punishable as a misdemeanor.
• Petty Theft - Raised the felony threshold from $400.00 in value to $950.00.
• Petty Theft with a Prior - Eliminated the crime unless the prior offense required registration as a sex offender.
• Receiving Stolen Property - Raised the threshold to thefts over $950.00 in value.
• Personal Use Drug Possession - Reduced the possession of dangerous drugs for "personal use" to a misdemeanor. Including opiates and Item No. 14.
methamphetamine.

The Homelessness, Drug, Addiction, and Theft Reduction Act A new proposal, called The Homelessness, Drug Addiction and Theft Reduction Act, would roll back parts of Proposition 47. The measure aims at reforming laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

The measure will:
• Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.
• Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.
• Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.
• Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.
• Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.
• Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.
• Increase penalties for people who repeatedly engage in theft. • Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.

There is an argument that the leniency currently, under Proposition 47, has led to skyrocketing theft in recent years. Under the new proposal, “an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property.” It would also allow prosecutors to add together the value of property stolen across multiple thefts to exceed the $950.00 threshold for a felony charge, and create harsher punishments for organized retail theft rings. Proposition 47 turned most drug possession offenses from felonies to misdemeanors. Right now, nonprescription fentanyl is not listed on Proposition 47 as a hard drug and the new proposal would create harsher penalties for people who deal fentanyl and other hard drugs.

The Homelessness, Drug Addiction, and Theft Reduction proposal is currently being circulated as a petition. In Phase 1 (Qualification) from now to April 30th, 2024, it needs 950,000 total valid signatures (it currently has Item No. 14.
approximately 550,000). In Phase 2, if the threshold of valid signatures is reached, the initiative will go to California voters in November 2024.

RECOMMENDATION: That the City Council:

1. Consider the information regarding the Homelessness, Drug Addiction, and Theft Reduction Act/Initiative; and

2. Consider a Letter of Support to the Californians for Safer Communities Coalition.

ATTACHMENTS: 1. 23-0017A1 (Drug Addiction & Theft Reform)

2. Prop47FAQs

3. CA-Safe-Communities-Fact-Sheet-March-2024

4. Homelessness Act Handout v3

5. Draft Letter of Support
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager

BELL, MCANDREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
45S CAPITOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 9S814
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
(916) 442-77S7
FAX (916) 442-77S9
www.bmhlaw.com
September 22, 2023
Re: Initiative 23-0017 -Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas
~ W. Hiltachk
23-0017 A1

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1 23-0017 A1
SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatmentmandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatmentmandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2 sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 (d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly- {1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l)\l/here
5 {A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Vlhere
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)\Vhere
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)Where
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
6 {JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
7 (H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.

W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
8 (2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9 the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
10 (g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
11 (J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
13 (4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
15 (b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate MediCal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 1
Note: These materials were prepared by the Judicial Council’s Criminal Justice Services staff and Richard Couzens, Judge of the Superior Court, County of Placer (Ret.), and are for informational purposes only. The responses are not to be construed as legal opinion or advice. Staff will update questions and responses on a regular basis. Please check for most recent version.

FREQUENTLY ASKED QUESTIONS
Updated November 2016
What is the stated purpose of Proposition 47?
The stated purpose of the proposition is to “ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for non-serious, nonviolent crime, and to invest the savings generated from [the proposition] into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment” and to ensure “that sentences for people convicted of dangerous crimes like rape, murder, and child molestation are not changed.” The proposition states that it “shall be liberally construed to effectuate its purposes.” What is the effective date of Proposition 47?
Proposition 47 became effective on November 5, 2014.

In short, what does Proposition 47 do?
Proposition 47 added and amended various statutory provisions to implement the following three changes to felony sentencing laws:
• Theft and Drug Possession Offenses: Changes certain theft and drug possession offenses from felonies to misdemeanors, except for persons with certain prior convictions.
• Resentencing: Authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions.
• Reclassification: Authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.

Who is not eligible for the changes under Proposition 47? 2 Persons with one or more prior convictions for offenses specified under Penal Code section 667(e)(2)(C)(iv)1 or for a sex offense that requires registration under section 290(c) are not eligible for the new misdemeanor, resentencing, or reclassification provisions of Proposition 47.

Instead, those persons generally remain subject to punishment under traditional sentencing rules.

What are the offenses specified under Penal Code section 667(e)(2)(c)(iv) that render someone ineligible for Proposition 47?
Section 667(e)(2)(c)(iv) states: “The defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies:
(I) A ‘sexually violent offense’ as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code. (II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by section 286, or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289. (III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288. (IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive. (V) Solicitation to commit murder as defined in Section 653f. (VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245. (VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418. (VIII) Any serious or violent felony offense punishable in California by life imprisonment or death.” These offenses are sometimes referred to a “super strikes.” What are the offenses that require registration as a sex offender under Penal Code section 290(c)?
Under section 290(c), the following persons are required to register: “Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that 1 Unless otherwise indicated, all statutory references are to the Penal Code. 3 date has been or is hereafter convicted of the attempt or conspiracy to commit any of the abovementioned offenses.” Is every person who is required to register as a sex offender ineligible for Proposition 47?
Proposition 47 only excludes persons with prior convictions for a sex offense that requires registration under section 290(c), which enumerates several sex offenses that mandate registration upon conviction. This disqualifier appears to be limited to the offenses enumerated in section 290(c) and not to include persons required to register under other statutory provisions that vest courts with discretionary authority to impose sex offender registration under specified circumstances. (See, e.g., Pen. Code, § 290.006 [Authorizing courts to impose registration for any offenses not listed in section 290(c) “if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for the purpose of sexual gratification”].)
Do the exclusions include out-of-state convictions and juvenile adjudications? It appears so. Proposition 47 excludes persons with a prior conviction for any of the offenses listed in section 667(e)(2)(C)(iv). Section 667(e)(2)(C)(iv) applies if “[t]he defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies. . . ” – the “super strikes.” (Emphasis added.) The reference to “subdivision (d) of this section” presumably means section 667(d). Section 667(d) provides that “[n]ot withstanding any other law and for the purposes of subdivisions (b) to (i), inclusive, a prior conviction of a serious and/or violent felony shall be defined as” (1) an adult California conviction under sections 667.5(c) and 1192.7(c) [§ 667(d)(1)]; (2) an out-of-state conviction “for an offense that, if committed in California is punishable by imprisonment in the state prison . . . if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of” a California serious or violent felony [§ 667(d)(2)]; and (3) designated juvenile adjudications [§ 667(d)(3)].

Since the definition of “conviction of a serious and/or violent felony” contained in section 667(d) is incorporated by reference in section 1170.18(i), and since that definition specifically includes designated juvenile adjudications, it appears likely that a person who has been adjudicated for an offense listed in section 667(d)(3) will be excluded from the benefits of Proposition 47. While juvenile “adjudications” and adult “convictions” are distinguished in many other contexts, for the purposes of the exclusion under section 1170.18(i), it appears likely that they will be treated the same.

How does Proposition 47 change theft and drug possession offenses? The following theft and drug possession offenses have been reclassified as misdemeanors as specified below. As noted above, these new misdemeanor provisions do not apply to persons with one or more prior convictions for offenses specified under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c). 4 • Shoplifting. The proposition added section 459.5 to create a new misdemeanor offense called “shoplifting,” punishable by up to 6 months in county jail. Shoplifting is defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours” where the value of the property does not exceed $950. Any other entry into a commercial establishment with intent to commit larceny is burglary. Any act of shoplifting as defined above must be charged as shoplifting. No person charged with shoplifting may also be charged with burglary or theft of the same property.
• Forgery. The proposition reclassified forgery of specified instruments under section 473 involving an amount that does not exceed $950 from a felony or wobbler to exclusively a misdemeanor. The instruments are “a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order.” To qualify as a felony, the proposition appears to require a value over $950 per forged instrument as opposed to a total value with multiple instruments combined, as specified, for example, under section 476a(b): “If the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed nine hundred fifty dollars (950), the offense is punishable only by imprisonment in the county jail…”].) (Emphasis added.) The misdemeanor provision does not apply to any person convicted both of forgery and identity theft under section 530.5.
• Insufficient Funds. Before Proposition 47, a violation of section 476a was a wobbler offense, except that the offense was strictly a misdemeanor if the total underlying amount did not exceed $450, unless the person was previously convicted of one of several specified theft offenses. The disqualifying prior violations are “… Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant’s offense was a violation also of Section 470, 475, or 476 or of this section…” (Pen. Code, § 476a(b).) Proposition 47 increased the total threshold amount for misdemeanors from $450 to $950 and increased the number of disqualifying prior convictions from one to “three or more.”
• Petty Theft. Proposition 47 added section 490.2 to define “petty theft” as “obtaining any property by theft where the value of the money, labor, real or personal property taken” does not exceed $950. Under the proposition, this new definition of petty theft applies notwithstanding section 487 “or any other provision of law defining grand theft.” (Pen.

Code, § 490.2(a).) The new definition of petty theft appears designed to apply regardless of how specific categories of property are treated under separate statutes. Section 487(b)(1)(A), for example, characterizes theft of certain farm crops valuing over $250 as “grand theft.” Under the proposition’s new definition of petty theft, such offenses appear to be misdemeanors if not valued over $950. This new misdemeanor provision is not applicable to any theft that may be charged as an infraction “pursuant to any other provision of law.”
5 • Receiving Stolen Property. Before Proposition 47, a violation of section 496 was a wobbler offense, except that if the value of the property did not exceed $950, the district attorney or grand jury may specify the offense as exclusively a misdemeanor “in the interests of justice.” Proposition 47 rendered all violations of section 496 that do not exceed $950 as strictly misdemeanors, eliminating prosecutorial discretion to charge those offenses as felonies.
• Petty Theft with a Prior. Proposition 47 eliminated the offense of petty theft with a prior under section 666 for most defendants by narrowing the category of persons subject to punishment under that section to only include persons required to register under the Sex Offender Registration Act, persons with prior violent or serious felony convictions under section 667.5(e)(2)(C)(iv), and persons convicted of section 368(d) or (e) [specified theft crimes involving elder or dependent adults]. Unlike other references to sex offender registration throughout Proposition 47 (see above), this reference appears to include all persons required to register, regardless of whether the basis for registration was section 290(c) or some other provision under the Sex Offender Registration Act. • Drug Possession Offenses. Proposition 47 reclassified drug possession offenses under Health and Safety Code sections 11350, 11357(a) [concentrated cannabis], and 11377 from a felony or wobbler to strictly misdemeanors punishable by up to one year in county jail.

What is the difference between petitioning for resentencing and applying for reclassification?
Proposition 47 added section 1170.18, which has two distinct procedures for eligible persons seeking relief that hinges on whether the person is currently serving the sentence or has completed the sentence. Persons currently serving the sentence can petition the court to be “resentenced” as a misdemeanor offender under the procedures prescribed in section 1170.18(a)– (e), (i)–(o). Persons who have completed their sentences can apply to the court to “reclassify” their felony convictions as misdemeanors under the procedures prescribed in section 1170.18(f)– (h).

Is there a deadline for petitions for resentencing and applications for reclassification?
Yes. Petitions for resentencing and applications for reclassification must be filed on or before November 4, 2022, or at a later date upon [a] showing of good cause.”(AB 2765, Stats. 2016, ch. 767). Proposition 47 does not define what constitutes “good cause” for this purpose.

Does a person seeking relief under section 1170.18 have the right to counsel? The proposition does not address the right to counsel. Thus, the answer may depend on the stage of the proceedings. For petitioners who are currently serving their sentences, the right to counsel 6 issue may be similar to proceedings for a writ of habeas corpus, where the petitioner has no right to counsel in the preparation of the petition, nor during the initial screening by the court. There would likely be a right to counsel, however, during the resentencing stage of the proceedings.

Since no custodial sanction is involved with applications for reclassification, it is likely that there is no right to the assistance of counsel, except, perhaps in contested hearings where the application is opposed by the district attorney.

What should happen if a person is serving a sentence based on a mixture of eligible and ineligible offenses?
Many individuals may have been convicted of a mixture of Proposition 47 eligible and noneligible offenses. As long as the defendant does not have a disqualifying “super strike” prior conviction and is not required to register as a sex offender under section 290(c), there is nothing in Proposition 47 that would prohibit the defendant from petitioning or applying for relief under section 1170.18 as to crimes that are qualified. If relief is granted, the court would likely recompute any remaining sentence to be served with the qualified crime now specified as a misdemeanor.

RESENTENCING OF CRIMES FOR PERSONS CURRENTLY SERVING SENTENCE Who is eligible to petition for resentencing?
Persons “currently serving a sentence” for a felony conviction, whether by trial or plea, who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense are eligible to petition for resentencing. (Pen. Code, § 1170.18(a).) As noted above, persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c) are not eligible for resentencing. (Pen. Code, § 1170.18(i).)
What does the court decide in order to grant a petition for resentencing? The court must confirm that the petitioner is eligible for resentencing and whether the resentencing of the petitioner would create an unreasonable risk of danger to public safety.

Specifically, section 1170.18(b) provides, in relevant part: “If the petitioner satisfies the criteria [for resentencing] . . . , the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor . . . , unless the court, in its discretion, determines that resentencing petitioner would pose an unreasonable risk of danger to public safety.” What are the filing requirements for a petition for resentencing? Proposition 47 does not specify any particular form of petition for resentencing. Some courts have developed local forms that may be used. Unless a superior court adopts a mandatory form as a local court rule, the petitioner may petition the court for relief in any manner that meets 7 general pleading requirements. Some courts are permitting oral motions for relief under section 1170.18. Petitions must be filed by November 4, 2022, to be considered by the court, unless the person shows “good cause” for a later filing. (Pen. Code, § 1170.18(j).) What evidence is admissible to determine whether a particular crime qualifies under Proposition 47?
It is unclear what evidence may be considered in determining eligibility for resentencing. In similar circumstances, courts have limited the parties to offering the “record of conviction”:
documents such as the complaint, plea forms, factual basis for the plea as stated on the record, and transcripts.

Who has the burden to establish eligibility for relief? The petitioner has the burden of establishing eligibility for the relief being sought. In the context of section 1170.18, the petitioner will have the burden of establishing that he or she committed a crime which, had Proposition 47 been in effect when committed, would be a misdemeanor. (Pen.

Code, § 1170.18(a).) For example, if the crime at issue is a theft offense, the petitioner must establish that the value of the property taken did not exceed $950. The prosecution, however, likely has the burden of proving that the petitioner is disqualified because of the conviction of a “super strike,” or because of a requirement to register as a sex offender.

Could the petitions of persons otherwise eligible for resentencing be denied for some reason?
Yes, but only on a very narrow basis. Courts may deny a petition for resentencing when the person is otherwise eligible if the court, in its discretion, determines that resentencing the petitioner would pose “an unreasonable risk of danger to public safety.” (Pen. Code, § 1170.18(b).)
What is the definition of the phrase “unreasonable risk of danger to public safety”?
Under section 1170.18(c), the phrase “unreasonable risk of danger to public safety” is narrowly defined as “an unreasonable risk that the petitioner will commit a new violent felony within the meaning of [Penal Code section 667(e)(2)(C)(iv)].” By its express terms, Proposition 47 extends this definition to all uses of the phrase throughout the Penal Code. A divided panel of the Court of Appeal held that the definition of dangerousness in section 1170.18(c) has no application to petitions for resentencing brought under Proposition 36. (People v. Valencia (2014) 232 Cal.App.4th 514, review granted, [Feb. 18, 2015] 183 Cal.Rptr.3d 516.) What will the court consider when determining whether a petitioner is an “unreasonable risk of danger to public safety?”
8 In determining whether a petitioner poses an unreasonable risk of danger to public safety, the court may consider:
• The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes;
• The petitioner’s disciplinary record and record of rehabilitation while incarcerated; and • Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. (Pen. Code, § 1170.18(b)(1)–(3).)
Is “dangerousness” considered when imposing a misdemeanor sentence for a new crime?
No. Whether or not the defendant possesses “an unreasonable risk of danger to public safety” only concerns petitions for resentencing under section 1170.18(a). The defendant is entitled to a misdemeanor sentence for a Proposition 47-eligible crime unless he or she has a prior disqualifying conviction, is required to register as a sex offender under section 290(c), or is otherwise excluded by the particular penal statute.

What does “currently serving a sentence” mean for purposes of eligibility to petition for resentencing?
Proposition 47 does not expressly define what constitutes “currently serving a sentence” for purposes of eligibility to petition for resentencing. The plain language of the phrase “currently serving a sentence” appears to apply to eligible persons serving prison sentences and terms of imprisonment in county jail under section 1170(h), including periods of mandatory supervision, which are “suspended” portions of the terms imposed. Whether courts will consider persons on other categories of supervision to be “currently serving a sentence” is less clear. Courts will likely have different interpretations based on the circumstances of the case and legal arguments presented by the parties.

Is a person on formal probation considered “currently serving a sentence” for purposes of eligibility to petition for resentencing?
Proposition 47 does not address whether a person on formal probation for a qualifying offense should be considered “currently serving a sentence” for purposes of eligibility to petition for resentencing. Until further guidance is provided by an appellate court, individual sentencing courts will likely have different interpretations based on the circumstances of the case and legal arguments presented by the parties. On one hand, formal probation, which is often characterized as an act of leniency, is statutorily defined as the suspension of the imposition or execution of a sentence. (Pen. Code, § 1203(a).) Grants of probation, on the other hand, are commonly understood to constitute “sentences” in criminal matters, and probationers are often required to 9 serve terms in county jail as a condition of probation. Based on early indications, it appears that many courts consider probationers to be “currently serving a sentence” for purposes of eligibility for resentencing, while some consider probationers to not yet be sentenced and thus entitled to have the qualifying offenses redesignated as misdemeanors without the formal resentencing process prescribed by section 1170.18(a)–(e).

Are persons on parole or postrelease community supervision (PRCS) considered “currently serving a sentence” for purposes of eligibility for resentencing? Although persons on parole or PRCS for qualified felony offenses are entitled to relief under Proposition 47, there are uncertainties about whether they are eligible to petition for resentencing (as a person “currently serving a sentence”) or to apply for reclassification (as a person who has completed the sentence). If courts consider persons on parole or PRCS as “currently serving a sentence,” those persons will be required to petition for resentencing under sections 1170.18(a)– (e), which will include a determination of the issue of dangerousness under section 1170.18(b). If persons on parole or PRCS are not considered “currently serving a sentence,” those persons would be eligible to apply for reclassification of their eligible felony offenses as misdemeanors under sections 1170.18(f)–(h), which would not include a determination of the issue of dangerousness.

What is the court’s discretion in resentencing the petitioner? Proposition 47 imposes the following limitations:
• The petitioner must be given credit for any time he or she has already served. (Pen. Code §1170.18(d).) Credit must likely be given for custody time and any periods of supervision. The statute likely does not mean that the person is to automatically be released with “credit for time served” – meaning that the sentence has been satisfied. • The sentence may not be longer than the original sentence. (Pen. Code § 1170.18(e).) • The petitioner must be placed on parole for a one-year period, unless the court releases the person from that requirement. (Pen. Code § 1170.18(d).) Note, however, that it is unlikely the sponsors of Proposition 47 contemplated persons resentenced for a crime punished under section 1170(h) or granted probation would be sent to state parole. But the statutory language is broad enough to include all sentenced individuals, including those persons previously handled locally.

Subject to the foregoing limitations, the court is free to impose any form of misdemeanor sentence considered appropriate for the petitioner’s circumstances. If the petitioner has been sentenced on any felony not altered by Proposition 47, all terms and conditions of the original sentence presumably will remain, except for the re-designation of a Proposition 47 crime as a misdemeanor. Assuming the petitioner has been convicted only of a crime changed by the initiative, potential sentencing options may include:
10 • Straight custody term, without any supervision.
• Formal or informal probation of up to three years.
• Parole or Postrelease Community Supervision, particularly for persons being released from prison.

Who presides over resentencing proceedings?
The original sentencing judge is required to preside over the petition for resentencing if that judge is available. If the original judge is unavailable, the presiding judge of the court will appoint a judge to review the petition. The parties may also agree that a different judge can conduct the review. What constitutes “unavailability” of a judge may be open to interpretation.

Is a hearing always required for petitions for resentencing? Nothing in Proposition 47 specifically requires a court hearing on every petition for resentencing, particularly when there is no opposition to the granting of the petition. Hearings may be necessary if the prosecution challenges the petitioner’s eligibility, such as when a theft may involve more than $950, when a victim asks to participate in the process, or concerning challenges to the dangerousness determination
Is there a specific time within which the hearing on a petition for resentencing must be held?
No. Section 1170.18 does not require the hearing to be held within a particular number of days.

The hearing should be held within a reasonable time.

Does the victim have a right to attend the hearing on a petition for resentencing? Likely, yes, if the victim has made such a request. A resentencing proceeding is likely considered a “post-conviction release proceeding” under Marsy’s Law. If the victim so requests, he or she may be entitled to notice of and participation at the hearing.

Does the petitioner have a right to a jury determination of eligibility for resentencing?
Probably not. Petitioners likely have no right to a jury determination of their eligibility for resentencing. Other courts have determined, in the Proposition 36 context, that Apprendi v. New Jersey (2000) 530 U.S. 466, has no application due to the retrospective nature of the petition for resentencing. (See People v. Elder (2014) 227 Cal.App.4th 1308, 1315; People v. Bradford (2014) 227 Cal.App.4th 1322, 1331-1336; People v. Guilford (2014) 228 Cal.App.4th 651, 662- 663.)
What is the effect of the order granting resentencing?
11 If the court grants the request to resentence the offense as a misdemeanor, the crime will thereafter be treated as a misdemeanor for all purposes except for the right to own or possess firearms. (Pen. Code § 1170.18(k).)

RECLASSIFICATION OF CRIMES FOR PERSONS WHO HAVE COMPLETED A

SENTENCE
Who is eligible to apply for reclassification of their felony convictions? Persons who have “completed” their sentences for a felony conviction, whether by trial or plea, who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense are eligible to apply for reclassification of their felony convictions. (Pen.

Code, § 1170.18(f).) As noted above, persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c) are not eligible for reclassification. (Pen. Code, § 1170.18(i).) Who is qualified for reclassification?
Any person whose sentence, including any period of supervision, has been completed, including:
• Persons released from prison and who are off parole or PRCS; • Persons who have completed a sentence imposed under section 1170(h), including any time ordered on mandatory supervision;
• Persons who have completed probation.

Nothing in Proposition 47 expressly grants juveniles the right to apply for reclassification of qualified felony adjudications. Alejandro N. v. Superior Court (People) (2015) 238 Cal.App.4th 1209 (review denied), however, has held that juveniles have the right to petition for resentencing; likely the opinion will apply to requests for reclassification.

May a person be excluded from reclassification because of a prior offense? Yes. The same exclusions apply to both resentencing and reclassification of a crime. A person who has a prior “super strike” conviction, or who is required to register as a sex offender under section 290(c) may not petition for reclassification. (§ 1170.18(i).) The crimes that would exclude the applicant are the “super strikes” listed in section 667(e)(2)(C)(iv): a “sexually violent offense” as defined in Welfare and Institutions Code, section 6600(b) (the Sexually Violent Predator Law); oral copulation, sodomy or sexual penetration of a child under 14 and more than 10 years younger than the defendant; a lewd act on a child under 14; any homicide offense, including attempted homicide as defined in sections 187 – 191.5; solicitation to commit murder; assault with a machine gun on a peace officer; possession of a weapon of mass destruction; or any serious or violent offense punishable by life imprisonment or death. 12 May the court address the issue of dangerousness when deciding whether to grant reclassification?
No. The applicant for reclassification need only show eligibility for relief; the court may not deny the petition based on dangerousness.

What is the procedure for obtaining reclassification of a crime? The procedure potentially is the same as for resentencing, but the law specifically permits courts to grant reclassification of a crime without any hearing. (§ 1170.18(h).) The steps may include:
• The filing of an application for reclassification;
• A qualification hearing, if requested by the applicant or as may be necessary to determine the applicant’s eligibility;
• Reclassification of the offense.

What are the filing requirements for an application for reclassification? Proposition 47 does not specify any particular form of petition for resentencing. Some courts have developed local forms that may be used. Unless a superior court adopts a mandatory form as a local court rule, the petitioner may petition the court for relief in any manner that meets general pleading requirements. Some courts permit the application to be made by oral motion.

Petitions must be filed by November 4, 2022, to be considered by the court, unless the person shows “good cause”
Who presides over reclassification proceedings?
As with resentencing proceedings, the original sentencing judge is required to preside over the reclassification application proceedings if that judge is available. If the original judge is unavailable, the presiding judge of the court will appoint a judge to review the petition. The parties may also agree that a different judge can conduct the review. What constitutes “unavailability” of a judge may be open to interpretation.

What evidence can be considered in determining eligibility for reclassification? It is unclear what evidence may be considered in determining eligibility for resentencing. In similar circumstances, courts have limited the parties to offering the “record of conviction:” documents such as the complaint, plea forms, factual basis for the plea as stated on the record, and transcripts.

May the victim participate in the reclassification process? It is unclear. It is not likely that the victim has any constitutional right to participate in the reclassification process. Section 1170.18(o) provides that “[a] resentencing hearing ordered under this Act shall constitute a ‘post-conviction release proceeding’ under paragraph (7) of subdivision (b) of Section 28 or Article I of the California Constitution (Marsy’s Law).” 13 (Emphasis added.) The purpose of Marsy’s Law is to ensure that victims have the right to participate in any decision which could result in the post-sentencing release of an offender. No one is being “released” as a result of the reclassification process. Furthermore, section 1170.18(h) expressly allows the court to grant the reclassification without any hearing – thus, there is no “resentencing hearing” that would trigger the victim’s rights under Marsy’s Law.

What is the effect of the order granting reclassification? If the court grants the request to reclassify the offense as a misdemeanor, thereafter the crime will be treated as a misdemeanor for all purposes except for the right to own or possess firearms. (§ 1170.18(k).)
Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act Currently collecting signatures to qualify for the 2024 November General Election, this bi-partisan measure provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.

Addresses Organized and Serial Retail Theft
Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught. This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. n Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theftrelated convictions n Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties n Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more Confronts the Fentanyl Crisis in Our Communities
The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. This measure will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers. n Adds fentanyl to the list of hard drugs — such as heroin, cocaine, and methamphetamine — that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities n Enables stricter penalties for dealers whose trafficking causes death or serious injury, and warns traffickers of potential murder charges if continued drug trafficking results in fatalities Whether it’s rampant retail theft causing neighborhood store closures and higher prices for working families, or the growing epidemic of fentanyl overdoses, Californians can’t afford half-measures when it comes to addressing these pressing issues.

Passed in 2014, Prop 47 achieved notable success in making California’s criminal justice system more equitable.

However, it led to unintended consequences over the past decade — repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment — that can only be corrected by the voters at the ballot box with modest amendments to Prop 47.

It’s time for meaningful reforms to our justice system, including to Prop 47, that ensure our communities are safe.

Smash-and-Grab Thefts. Skyrocketing Drug Addiction.

More Dangerous Communities.

Prioritizes Mental Health and Drug Treatment
Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. This measure provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse. n Enacts a new class of crime called a “treatment-mandated felony” where offenders with multiple hard drug possession convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration
n Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged “The Homelessness, Drug Addiction, and Theft Reduction Act will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities. I fully support this measure and know it will make a meaningful difference for cities across California.” ~ Mayor London Breed, San Francisco
“I am proud to lend my support to this public safety initiative that would make changes to Prop 47, which would address serious spikes to drug and theft crimes since the pandemic. Local law enforcement and my constituents are saying enough is enough. They want the state to address the increases we’re seeing in the homeless due to increased hard drug use, opioid-related overdoses, and escalating numbers of smash-and-grab and retail theft crimes.”
~ Assemblymember James Ramos
“We cannot be afraid to challenge the status quo when it is clearly not working for our residents. Prop 47 was well-intended but what really matters is its impact — and unfortunately, it’s hurting far too many families and small businesses across the state.

We need reform that doesn’t take us back to the era of mass incarceration but allows judges to mandate treatment for those struggling with severe addiction, hold repeat offenders accountable, and treat fentanyl like the killer it is.” ~ Mayor Matt Mahan, San Jose
Ad paid for by Californians to Reduce Homelessness, Drug Addiction, and Theft, sponsored by Golden State Communities
Ad Committee’s Top Funders
Walmart
Home Depot USA
Target
Funding details at www.fppc.ca.gov
California District Attorneys Association
California Police Chiefs Association
Crime Victims United
Hope Street Coalition
* Partial List
Join Public Safety and
Community Leaders

JOIN THE

COALITION
TODAY!
CASafeCommunities.org

THE HOMELESSNESS, DRUG ADDICTION,

AND THEFT REDUCTION ACT

THE PROBLEM

▪

RETAIL THEFT

45.3%

REDUCED STORE

OPERATING HOURS

29.7%

REDUCED/ALTERED

IN-STORE PRODUCTS

28.1%

REPORTS OF

STORE CLOSURES

HIGHER VOTER SUPPORT
84%

BELIEVE THEFT

IS RAMPANT
89%

SUPPORT CHANGES
TO PROP 47 TO

ALLOW STRONGER

PENALTIES
94%

SUPPORT THE

ADDITION OF

FENTANYL TO

EXISTING LAWS
92%

BELIEVE

FENTANYL

IS MAJOR
THREAT
82%

BELIEVE

HOMELESSNESS

IS RAMPANT &

INCREASES CRIME

THE SOLUTION

THE HOMELESSNESS, DRUG ADDICTION, AND

THEFT REDUCTION ACT BALLOT INITIATIVE
Reclassify retail theft with
2 or more prior convictions
as a felony
After 2 hard drug convictions, discretion
to charge 3rd hard drug possession as
treatment mandated felony
Address fentanyl crisis by
going after fentanyl drug
dealers
PHASE 1: QUALIFICATION PHASE 2: CAMPAIGN CONTRIBUTE

STATISTICS SOURCE: 2023 Retail Security Survey National Retail Federation March 27, 2024
Californians for Safer Communities
[email protected]
Re: Letter in support of Homelessness, Drug Addiction, and Theft Reduction Act (Initiative 23-0017A1) Dear Coalition Members,
Please accept this letter by the Porterville City Council in support of The Homelessness, Drug Addiction and Theft Reduction Act.

With the passage of Prop 47 in November 2014, many communities throughout the State, experienced an increase in Part I crimes and equally alarming, an increase in repeat offenders. Prop 47 reclassified certain types of felonies to misdemeanors, including drug crimes and all retail theft under $950. Prop 47 authorized defendants serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for re-sentencing. It authorized defendants to retroactively apply their new reclassified convictions to past sentences, resulting in reduced sentencing. Prop 47 has had negative impacts on communities due to a lack of accountability, which has resulted in higher crime and homelessness.

The new proposed measure aims at reforming laws that have dramatically increased homelessness, drug addiction, and theft throughout California. Drug and mental health treatment for people who are addicted to hard drugs such as fentanyl will be provided under this new measure, as well as increased penalties for people who repeatedly engage in theft. The initiative will reduce crime, restore accountability for repeat theft offenders, incentivize those who possess hard drugs to receive treatment and face stricter punishment, and address the fentanyl crisis.

Thank you for your valuable time and attention to this correspondence.

Sincerely,
Porterville City Council
By: ____________________
Martha A. Flores, Mayor

Porterville City CouncilApril 2, 2024

Porterville City Council
April 2, 2024