Porterville City Council
April 16, 2024

City Council Agenda April 16, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 16, 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 16, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/84622097944?pwd=0uWQkMDYx2VHMQAhkJnfQRKxyXwhpg.

YFErgkO1G3GF3WTR
Or via Telephone: 1-669-900-6833 Webinar ID: 846 2209 7944 Passcode: 139447 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 54956.95 – Liability Claim: Claimant: Victoria Grayson. Agency claimed against: City of Porterville.

2 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
3 - 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
City Council Agenda April 16, 2024

Pledge of Allegiance Led by Council Member Meister
Invocation

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.

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - April 4, 2024

2. Library & Literacy Commission - April 9, 2024

3. Arts Commission

4. Animal Control Commission - April 11, 2024

5. Youth Commission - April 10, 2024

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - March 2024

2. Spring Community Clean-Up Event

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. Authorization for Emergency Repairs to Restore Supervisory Control And Data Acquisition Communication at the Rocky Hill Reservoir Re: Council authorization to make repairs to the Supervisory Control and Data Acquisition Communication at the Rocky Hill Reservoir at a cost not to exceed $17,565 by Primex Company.

2. Authorization to Replace Shop Roll-up Door
Re: Considering approval to replace a Shop roll-up door from Premier Overhead Door & Gates at a cost not to exceed $13,147.

City Council Agenda April 16, 2024

3. Authorization to Proceed with Equipment Replacement by Negotiated Purchase of Refuse Vehicles
Re: Considering approval of the purchase of five refuse trucks at a price increase of $185,318 over the original Purchase Order amount; and authorizing the Finance Director to process payment to Municipal Maintenance Equipment for the additional cost over the initial purchase price.

4. Authorization to Repair Electric Vehicle Charger at the Transit Center Re: Considering approval to have the Electric Vehicle Charger repaired by EV Connect at a cost not to exceed $14,828.00.

5. Authorization to Purchase Loan Servicing Software to Manage Mortgage, Business, and Public Utility Connection Loans
Re: Council authorization to direct staff to give the current loan software provider (The Mortgage Office) appropriate notice to terminate the contract; and approve the purchase of loan servicing software from City Data Services for a total of $19,960.00 for the first year and $8,160.00 for the following years.

6. Consideration of Agreement for Waste Disposal with Tulare County Re: Consideration to approve the Waste Disposal Agreement with the County of Tulare for a term of 10 years with an option to renew for up to two additional terms of 5 years.

7. Authorize Modification to the Existing Contract with Pena's Disposal Service Re: Consideration of the Council to accept the proposal to amend the current agreement with Pena’s Disposal Service to provide hauling services, including the transfer, processing, and disposal of all City collected Organic Waste from the Porterville Transfer Station.

8. Council Authorization of a Request for Proposals for the Operation and Management of the City of Porterville Transit System
Re: Council authorization to distribute a request for proposals to contract the operation and management of the City of Porterville Transit System.

9. Sierra Valley TSM 2-2010 Extension
Re: Consideration to adopt the draft Resolution approving the 24-month map extension for the Sierra Valley Tentative Subdivision Map 2-2010 (tentative map) which is generally located on the east side of North Main Street between Westfield Avenue and the southerly intersection of Highland Drive and Marshall Street.

10. Second Water Connection - 1720 E Success Drive
Re: Consideration to approve the draft resolution approving the second water service connection located at 1720 E. Success Drive (APN 263-190-025) in East Porterville, outside the city limits and within the city’s Urban Development Boundary.

11. Renewal of Airport Lease Agreement Lot No. 34A
Re: Consideration to approve the renewal of the Lease Agreement between the City and Dustin H. Lessley for Lot No. 34A at the Porterville Municipal Airport for a term of five (5) years.

12. Authorization of Out-of-State Travel
City Council Agenda April 16, 2024

Re: Council authorization to approve the assistance of out-of-state travel for Porterville Fire Department employee Matt Doney to the International Fire Rescue Training Conference; and approve up to $250 in anticipated travel expenses from the Fire Department's annual budget.

13. Approval of Community Civic Event - Sequoia Family Medical Center - Sequoia Arbor Day 5k Run/Walk and Health Fair - April 27, 2024
Re: Consideration to approve the Community Civic Event application from Sequoia Family Medical Center to hold the Sequoia Arbor Day 5k Run/Walk and Health Fair on Saturday, April 27, 2024, from 8:00 AM to 12:00 PM, at the Tule River Parkway.

14. Approval of Community Civic Event - Porterville Kiwanis Club - Mother's Day Food Trucks in the Park - May 4, 2024
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Mother's Day Food Trucks in the Park" event on May 4, 2024, from 10:00 AM to 6:00 PM at Veterans Park.

15. Approval of Community Civic Event - Comision Honorifica Mexicana Americana Inc - Annual Cinco de Mayo Celebration Parade and Fiesta - May 4- 5, 2024
Re: Consideration to approve the Community Civic Event application from the Comision Honorifica Mexicana Americana, Inc. to hold the Annual Cinco de Mayo Celebration Parade down Main Street on Saturday, May 4, 2024, from 10:00 AM to 12:00 PM; and a fiesta at Veterans Park on Sunday, May 5, 2024, from 10:00 AM to 7:00 PM.

16. Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival Rescheduling - May 11, 2024
Re: Consideration to approve the Porterville Chamber of Commerce's request to reschedule the Spring Festival to Saturday, May 11, 2024, from 10:00 AM to 3:00 PM.

17. 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

18. Police Use of Military Equipment Annual Review (AB 481) Re: Council to receive public comment and questions concerning the annual report and the funding, acquisition, and use of the equipment; review and renew PPD Policy 704 – Military Equipment; review the AB 481 Military Equipment Annual Report 2023; and by opting not to modify or rescind, affirm Ordinance No. 1892.

19. Community Development Block Grant 2024/25 Action Plan Re: Consideration of a draft Resolution approving the 2024/25 Action Plan.

City Council Agenda April 16, 2024

SECOND READINGS

20. Second Reading - Ordinance No. 1905, Regulating Unsafe Camping Re: Repealing Article VII of Chapter 18 (Sections 18-76 through 18-83) of the Porterville Municipal Code and replacing it with Chapter 18, Article VII, which regulates unsafe and unauthorized camping and storage of personal property, protection of critical infrastructure, and mitigation of harm to the public's health, safety, and welfare.

SCHEDULED MATTERS

21. Authorization to Apply and Receive Financing for the Consolidation of Hope School Water System
Re: Consideration to authorize the funding application to receive financing from the California State Water Resources Control Board for planning, designing, and constructing the Hope School Water consolidation.

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

1. LINC Committee Meeting - April 3, 2024

2. Eastern Tule Groundwater Sustainability Agency - April 4, 2024

3. Porterville Area Development Authority - April 5, 2024

4. Tulare County Water Commission - April 8, 2024

5. Tulare County Association of Governments (TCAG) - April 15, 2024

6. Tulare County Regional Transit Agency - April 15, 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 May 7th, 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 City Council Agenda April 16, 2024

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.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: 1. Water Conservation Phase IV Status Update - March 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2023. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

The Phase IV plan reduces outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed on Monday, Tuesday, Wednesday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for March 2024 show that six (6) notices of violations were issued for water wasting, and no administrative citations were issued.

Water production for March 2024 reflects an eight percent (8%) decrease from the 5-year average. The monthly production for March was 177 million gallons, which is a sixteen percent (16%) decrease compared to March 2013 at 209 million gallons. Residential consumption for March 2024 was 66 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from March 2015 through March 2024. Porterville's cumulative total production conservation through March 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from March 2015 through March 2024. Porterville's cumulative total GPCD conservation through March 2024 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a seven (7%) increase from February 2023 to February 2024. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%). The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status March 2024

2. Monthly Production Status GPCD March 2024

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through March 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through March 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: 2. Spring Community Clean-Up Event
SOURCE: Public Works
COMMENT: To encourage local property maintenance and beautification, the City sponsors two clean-up events every year, the first in the Spring and the second in the Fall. These events offer City residential refuse customers free disposal of general trash, mattresses, bulky items, wood waste, yard clippings, and e-waste at the City's Corporation Yard. City residents are required to bring a current City of Porterville refuse bill as proof of residency. Business or commercial waste is not allowed. Trailers will be limited to no longer than ten (10) feet, and participants will be required to unload their own vehicle. Items not accepted will include tires, refrigerators, oversized auto parts, and any type of hazardous waste.

The Spring clean-up event is scheduled for April 20, 2024, as approved by the City Council at its meeting on February 20, 2024. This event will occur from 8:00 a.m. until 2:00 p.m. As in the past, the events are open to all residents receiving City residential refuse service. The cost for this event is funded through the Solid Waste Operating Budget.

RECOMMENDATION: Information only
ATTACHMENTS: 1. Spring 2024 Clean Up Event Flyer

2. Spring 2024 Clean Up Event Flyer Spanish
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
2024 COMMUNITY CLEAN-UP &
SATURDAY, APRIL 20, 2024
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US

CURRENT CITY OF PORTERVILLE REFUSE BILL IS REQUIRED
Trailers will be limited up to 10 feet.

Participants will be required to unload their own vehicle.

PLEASE NOTE: City residents only. No county, business or commercial waste allowed.

NO CHILDREN OR PETS ALLOWED OUTSIDE OF YOUR VEHICLE
ACCEPTABLE ITEMS:

Greenwaste: Tree Limbs, Branches, Yardwaste (Not to exceed 10 feet) Household Waste: Household Trash, Furniture, Scrap Metal, Mattress/Box Springs E-Waste: Computers, Laptops, Monitors, Televisions, Cell Phones, Tablets.

Construction & Demolition: Concrete, Dirt, Wood
UNACCEPTABLE ITEMS:

Household Hazardous Waste (Batteries, Paint, Oil, Oil Filters, Flourescent Bulbs), Tires, Refrigerators, Oversized Auto Parts (Cab, truck bed, etc.)

SPRING FREE

DISPOSAL EVENT

TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
One Day Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m. • No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted. • By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility. • For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
• For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
• Computers/Monitors
• Cell Phones/Televisions
• Automotive Batteries
• Automotive Fluids & Anti- freeze
• Fluorescent Lamps & Tubes
• Garden Chemicals/ Pesticides
• Household Batteries
• Household Cleaners/Poisons
• Pool Chemicals
• Paints/Solvents/Aerosol Cans
• Used Motor Oil & Filters/ Gasoline
2024 EVENTO COMUNITARIO DE
SÁBADO, ABRIL 20, 2024
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US

REQUIERE FACTURA DE BASURA ACTUAL DE LA CIUDAD DE PORTERVILLE Se limitarán las trailas a 10 pies.

Los participantes deben descargar su propio vehículo.

TENGA EN CUENTA: Solo clientes residenciales. No se permiten residuos de negocios o comerciales.

NO SE ADMITEN NIÑOS O MASCOTAS FUERA DE SU VEHÍCULO
ARTÍCULOS ACEPTABLES:

Basura: Ramas de Árboles, Ramas, Desechos de Jardín (No exceder 10 pies) Desechos Domésticos: Basura Doméstica, Muebles, Chatarra, Colchones/Canapés Residuos Electrónicos: Computadoras, Portátiles, Pantallas, Televisores, Celulares, Etc.

Construcción y Demolición: Cemento, Tierra, Madera
ARTÍCULOS INACEPTABLES:

Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes, Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)

PRIMAVERA GRATIS
LIMPIEZA Y ELIMINACIÓN
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE • No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
• Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección. • Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org • Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.

Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
• Computadoras/Pantallas
• Teléfonos Celulares/Televisores
• Baterías de Automóviles
• Fluidos y Anticongelantes para Áutomóviles
• Lámparas y Tubos Fluorescentes
• Químicos de jardín/ pesticidas
• Pilas
• Limpiadores Domésticos/Venenos
• Químicos para Piscina
• Pinturas/Disolventes/Contenedores de Aerosol
• Aceite y Filtros de Aceite/Gasolina
Evento de Limpieza de Un Día en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.

Item No. 1.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorization for Emergency Repairs to Restore Supervisory Control And Data Acquisition Communication at the Rocky Hill Reservoir
SOURCE: Public Works
COMMENT: The Public Works Department-Water Utility Division has experienced a communication issue with the Supervisory Control And Data Acquisition (SCADA) System at the Rocky Hill 550k water reservoir. The SCADA system, under operation by City staff since 1994, is a Siemens Manufacturing Product and is identified as a proprietary piece of equipment. City staff has identified Primex Company as a qualified integrator capable of meeting the immediate need for repairs and ensuring the City's SCADA system does not fail prior to a complete SCADA upgrade configuration.

After assessment, staff requested a quote from Primex for the emergency repair of the communication with the Rocky Hill reservoir. Primex has submitted a proposal including all parts and labor to correct the communication issues at the Rocky Hill Reservoir.

The SCADA System is a crucial part of the City's Water System Operations, with continuous monitoring and automated adjustments based on fluctuating system demands. The SCADA System monitors and maintains Water Storage Reservoir levels, Well Operations, Booster Pumps, Pressure Zones, Sewer Lift Stations, and Storm Drain Pump Stations. The City Water System pressure is monitored on an average system pressure across four (4) pressure zones, calling for automated Well and Booster pump operations to maintain pressure set points. The SCADA System also monitors city Sewer Lift Stations and Storm Drain Pump Stations to ensure they are in continuous working order. In the event that any portion of the City's operational equipment malfunctions, the SCADA System remotely notifies designated staff for immediate response. The current issues have involved intermittent communication failures for extended periods of time, forcing staff to have to operate the Rock Hill Reservoir in a Manual Mode, increasing overtime, and the necessity of around-the-clock supervision.

Staff requests that the Council approve the expenditure to complete the SCADA System repairs. The repair cost will be for services not to exceed $17,565 (inclusive of all parts, taxes, labor, and 10% contingency). The Water Operating Fund will fund the total cost for all SCADA repairs.

RECOMMENDATION: That City Council:

Item No. 1.

1. Authorize the costs of the proposal for repairs to the City SCADA System by Primex Company;

2. Direct the Finance Director to initiate a Purchase Order to Primex Company for an amount not to exceed $17,565 (inclusive of all parts, taxes, and a 10% contingency)
for the repair of Supervisory Control And Data Acquisition Communications; and

3. Direct the Finance Director to make payment to Primex Company upon receipt of the invoice approved by the Public Works Director.

ATTACHMENTS: 1. Primex - Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 2.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorization to Replace Shop Roll-up Door
SOURCE: Public Works
COMMENT: The City Shop building has experienced operational failure of one of the roll-up doors. This door has had multiple repairs due to wear from daily use over many years. The parts to repair the roll-up mechanism are no longer available and the assist spring is broken. The door is in need of replacement. Bids were requested from multiple vendors and the following estimates were obtained:

Contractor Cost
R & S Erection $15,987.00
Premier Overhead Door & Gates $13,147.00
Central Valley Overhead Door, Inc. Non-responsive
Premier Overhead Door & Gates was the lowest responsive bidder. Staff recommends authorizing the replacement of the Shop roll-up door by Premier Overhead Door & Gates at a cost not to exceed $13,147 (including parts, labor, tax, and a 10% contingency). The total repair cost will be funded by the Shop Equipment Replacement Fund.

RECOMMENDATION: That City Council:

1. Authorize roll-up door replacement by Premier Overhead Door & Gates at a cost not to exceed $13,147.00 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. R & S Erection - Quote

2. Premier Overhead Door & Gates - Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 2.

PROPOSAL
448176
Customer Info Job Info
City of Porterville
291 Main St
Porterville, CA 93257
Attn: Russel Isom
Auto Shop
Re: Est - new Shop door
555 N Prospect
Porterville, CA 93257
Date Proposal No Submitted By Reference
3/29/2024 448176 Angel Perez Door replacement
Description Amounts
R&S proposes the following:
-The removal, and replacement, of the damaged door with a new 14'x14' R&S have duty roll-up door. -New door will be automated using a new GENIE GH 3/4HP 1PH 115/208/230V controlled by a three-button station. $14,533.00
This size R&S door is currently in stock and can be installed immediately.

Forklift rental is included in the overall price.

Date Payment Terms Acceptance Terms Valid Thru Total Amount 3/29/2024 Net 30 Days 30 Days 4/28/2024 $14,533.00
Submitted By Phone No Email
Angel Perez, Manager (661) 321-6803 [email protected] Terms & Conditions
1-year parts and labor warranty on new, installed, products.

Bid based on normal working hours of 8am-4: 30 pm Monday through Friday.

If you would like to proceed with the work stated above, please sign and send back the offer.

Due to current market fluctuations the above offer is only valid for a period of ten(10) days. If the offer is approved after the ten day period pricing will need to be double checked prior to proceeding with work, and a new offer may need to be resubmitted.

Signature

ACCEPTED BY PRINT NAME EMAIL ADDRESS DATE
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICE AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S TRI COUNTY INC. THAT I AM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THE SATISFACTORY COMPLETION OF THE DESIRED WORK.
"NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full claims of all persons furnishing labor, services, equipment or materials for the work described in said contract.

IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826 Heavy_Duty_Service_Door_Specs__9_ (9).pdf
3/29/2024 1:29 PM
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Premier Overhead Door & Gates
7808 Pembroke Ave
Bakersfield, CA 93308
(661) 203-3746
[email protected]
www.premierodg.com
Estimate 1034

ADDRESS
City of Porterville
555 N. Prospect st
Porterville, CA 93257
DATE
04/01/2024
TOTAL
$11,951.50

DATE ACTIVITY DESCRIPTION QTY
04/01/2024 SERVICE Removal - Installment 1
04/01/2024 MATERIAL ESD10 DOORS SIZE 14'0X14'0 1
04/01/2024 MATERIAL 22 GA CURTAIN' 1
04/01/2024 MATERIAL LRG FLAT SLATS 1
04/01/2024 MATERIAL ALUMINUM BOTTOM BAR 1
04/01/2024 MATERIAL SINGLE PHASE MOTOR OPERATED 1
04/01/2024 MATERIAL 24 GA STEEL HOOD 1
SUBTOTAL 11,374.00
TAX 577.50
TOTAL $11,951.50
The price named in the estimate is an approximation of the project requirements as described by the client. The actual cost may change after all of the project elements have been
negotiated and finalized. The client will be informed of any changes in cost in advance. PAINT NOT INCLUDED.

Deposit will not be refunded on custom orders.

We impose a 3% surcharge on Amex credit cards and 2%
surcharge on all other credit cards.

This Estimate is good for 30 days.

THANK YOU.

Accepted By Accepted Date 01/04/2024
Item No. 3.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorization to Proceed with Equipment Replacement by Negotiated Purchase of Refuse Vehicles
SOURCE: Public Works
COMMENT: As part of the Fiscal Year 2022-2023 Equipment Replacement Budget approved by the Council on July 7, 2022, five (5) Refuse Trucks were approved for purchase through the Sourcewell Purchasing Contract from Municipal Maintenance Equipment. Chassis were not available at the time the Purchase Order was issued. Therefore, the order was not processed for approximately one (1) year until they became available. Due to two (2) years of inflation, the price per truck has increased. The purchase price for the Sideloaders has increased by $58,337 per truck (3), and the purchase price for Frontloaders has increased by $52,040 per truck (2). The overall increase for each Sideloaders is

12.15% and a 7.81% for the Frontloaders.

Truck Type Original
quote
Updated
quote Increase Total Purchase Order
Over Purchase
Order
Side
Loaders (3) $343,549 $401,886 $58,337 $1,205,658 $1,075,000 $130,658 Front
Loaders (2) $325,291 $377,330 $52,040 $754,660 $700,000 $54,660 The delay in chassis availability allowed an additional year of depreciation to support the Solid Waste Equipment Replacement Reserve. Additional funds are available to increase the purchase price due to inflation. The cab and chassis have been shipped to the body fabricator and are ready to be assembled. At this point, the City was notified of the surcharge difference from the original invoice. Funding is available from the Solid Waste Equipment Replacement Fund.

RECOMMENDATION: That the City Council:

1. Consider the authorization to proceed with the purchase of five (5) Refuse Trucks at a price increase of $185,318
over the original Purchase Order amount; and

2. Authorize the Finance Director to process payment to Municipal Maintenance Equipment for the additional cost over the initial purchase price.

ATTACHMENTS: 1. City of Porterville Labrie 40cy Wittke Starlight WIT-40TA- Item No. 3.

ST Frontloader (QTY 2) Sourcewell Quote

2. City of Porterville Labrie 31cy Automizer RH Side LoaderPeterbilt 520 (QTY 3) Sourcewell Quote Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 4.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorization to Repair Electric Vehicle Charger at the Transit Center SOURCE: Public Works
COMMENT: On March 10, 2024, one of the City's EV Chargers at the Porterville Transit Center was damaged by vandalism. The vehicle coupler was used to destroy the monitor screen, and both components must be replaced. This charger is vital to the City's Transit operation as well as one of two public access DC fast chargers. The City's contract with EV Connect stipulates that monitoring and repairs are to be done by the contracted service provider. The repair cost is estimated not to exceed $14,828, (which is inclusive of parts, labor, freight, tax, and a ten percent (10%) contingency). Funding is available from the Transit Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the repair of the Electric Vehicle Charger by EV Connect at a cost not to exceed $14,828.00 (inclusive of all parts, labor, taxes, freight, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. EV Connect - Estimate
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 5.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorization to Purchase Loan Servicing Software to Manage Mortgage, Business, and Public Utility Connection Loans
SOURCE: Community Development
COMMENT: The Community Development Department manages several grants that involve receipt of federal entitlement allocations from the U.S. Department of Housing and Urban Development (HUD) as well as state grants from the State Department of Housing and Community Development (HCD). The primary grants received are the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME). A portion of the funds received are utilized for the provision of loans and grants under a variety of affordable housing and business assistance programs, which support economic development and affordable housing activities. Loan servicing is completed in house by City Staff; however, the Loan Servicing Software is purchased annually from a contracted Firm. The software is also used by the Engineering and Project Management (EPM) Department to service the Single Family Owner Occupied Connection Fee Loans funded with general funds, which offers loans with interest rates that are below market rate for sewer and water connections.

Within those two departments, the City’s current loan portfolio comprises 681 accounts, of which 316 are active accounts and all loans are located in one software system in order to efficiently service the loan portfolio and maintain the history of the accounts in one location for auditing purposes. Funding sources are active, and the City is expecting additional funding for affordable housing loans. In November 2019, the City of Porterville received notification that the Loan Ledger Software Firm, which the City has used since January 2009, had closed and would no longer be available. In July 2021, the City moved forward with an annual contract with The Mortgage Office to manage the City’s loan portfolio. However, the software has some deficiencies that can not be remediated by the software provider. Some of those include data entry methods that require ongoing workarounds to perform as needed, the system signs off if accessed simultaneously by another user, only one security access level, resulting in low check and balance systems and extra fees for customizing reports.

City staff have continued to work with the current software provider and have communicated these issues, with no resolution. As the software does not sufficiently meet the needs of the City’s portfolio, Staff have researched other loan servicing software companies that other jurisdictions use and requested some demonstrations and quotes. Staff sourced five pricing quotes, but only Item No. 5.
three submitted sufficient comparable information. The breakdown of pricing is as follows:

Fees City Data
Services
Loan Servicing
Soft
Nortridge
Software
Setup $11,800.00 $34,000.00 $1,575.00
Annual $8,160.00 $13,160.00 $23,184.00
Total- Year One $19,960.00 $47,160.00 $24,759.00
Year 2 &
Forward $8,160.00 $13,160.00 $23,184.00
After evaluating all the quotes and software specifications, City Data Services (CDS), has the software that best meets the needs of the City of Porterville's loan portfolio. Their staff has experience working in municipalities with similar grant funding sources and an understanding of the unique needs of the City with regard to loan management and reporting responsibilities. Staff also reached out to several municipalities that use CDS, and they are satisfied with their services and the software functionalities. CDS has provided two live sessions of software demonstration and examples of reports that other jurisdictions currently run. Staff found those features meet the data reporting needs of the City. In addition to being the software that meets all the City’s Loan Serving needs, it is also the most cost-effective as, after annual set-up fees, it is only a monthly fee of $680 and there are no additional fees for user licenses or report generation, where other software providers charge per user and there are additional fees depending on the usage. Funding is available through Community Development Block administration funds as well as HOME administration funds.

The current software contract will end on July 31, 2024, and to comply with their 30-day notice of termination, staff would need to provide said notice of termination on June 30, 2024. Staff would like to start this new software effective May 1, 2024, so that there is not a period of time when staff is without software to access account information or comply with requests for payoffs, and any other such requests, while the new database is being set up. Also, this crossover period will allow staff to be trained by the new software consultants and to make sure there are no errors in the creation of the new database before access to the old database is no longer available to compare.

RECOMMENDATION: That City Council:

1. Direct staff to give appropriate notice to the current loan software provider (The Mortgage Office) to terminate the contract on June 30, 2024;

2. Authorize staff to purchase loan servicing software from City Data Services for a total of $19,960.00 for year one and $8,160.00 for future years; and
Item No. 5.

3. Authorize the Community Development Director to sign all necessary documents for execution of the one-year contract with the option to extend it yearly as needed.

ATTACHMENTS: 1. City Data Services Quote

2. Loan Servicing Soft Quote-City of Porterville

3. Nortridge Quote

4. TMO Executed Agreement
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
Comprehensive, Grant & Loan Management
City Data Services is a grant and loan management software company. We have served cities and counties since 2008. The following services are provided to our clients under our Loan module. The list is intended to be comprehensive, if there are items not listed it does not mean that they are not included. We do anything our clients require under our standard agreements without additional charge.

Grant/Loan Management Module
including Monitoring/Compliance
for City of Porterville
in response to RFP – June 2021
Software Development
Develop all associated forms for loan and grant management including but not limited to: applications, reports, contracts, fiscal management forms, monitoring forms, compliance forms and data assessment forms (ie, spreadsheets and reports); Ability to enter, display and summarize individual project/program information for the following:
• Grants & loans,
• Contracts information,
• Compliance documentation,
• Expense summaries,
• Fiscal transactions,
• Monitoring documentation,
• Administrative,
• Assessment information; and
• Reports.

System Maintenance
Ability to enter, store, display, and summarize applications, reports and fiscal information to assist with management of Housing services, activities and compliance;
• Ability to store, display, and summarize individual program/project administration information; • Ability to store, display, and summarize individual program contract information; • Ability to enter, store, display, and summarize compliance information; • Ability to transmit sub-recipient report information into HUD's reporting system, IDIS, as needed; • Maintain all database and report elements created under this development proposal for term of contract, • Modify database as needed to add or remove fields, or improve presentation of data, • Modify existing reports as needed to meet City of Porterville’s requirements, • Promptly respond to customer service requests from City of Porterville and their clients throughout term of contract and • Promptly respond to request for assistance, training, or database repair.

PROPERTY MANAGEMENT
 Track property ownership from original developers through all subsequent owners  Store documents related to the City’s interest in the property, e.g. Deeds of Trust, Loan Documents, Agreements, etc.  Track City financial interest in properties including, but not limited to, the original source of City funding, grant number/s, amounts, loan committee approvals, etc.
 Store documents related to any financial support for the project including, but not limited to, required grant or loan reports and agreements

DOCUMENT PREPARATION
 The City will provide all document templates and provided updated forms as necessary to ensure that all documents meet grant terms and comply with all applicable laws and regulations.  Occupancy report and associated letter generation.
 Loan Maturity Demand Letters

MONITORING MANAGEMENT
 Create form letters and documents required for annual monitoring  Allow property owners to upload completed documentation for review and storage  Notify property owners who have not completed the required monitoring

NOTIFICATIONS
Automatically notify City staff 90-days before any changes in any terms, e.g. affordability term expiration, or loan maturity.

INTEGRATION
CDS integrates with IDIS for all CDBG and HOME reporting.

REPORTING
Run reports and queries from data submitted, (i.e. demographics, by developer, by planning area, etc.) Run reports on current and historical monitoring compliance by property and owner Our system is intended to cover all loan management activities. We will include items as requested by Staff.

Our web portal is a certified secured site (identified by the lock symbol on the URL) and hosted/backed up on cloud based, third party servers, (the same that Wall Street utilizes). Unique user names and passwords are generated for all users.

SYSTEM COST
One-time development fee for entire system is $11,800. This includes migrating and setting up all existing and future loan documentation. System maintenance fee is $680/month for term of agreement. This fee remains the same regardless of seats, loans or other loan/grant management documents.

Respectfully submitted,
Steve Crounse
Partner, City Data Services, LLC
Brisbane, CA * 415.572.4572
[email protected] * www.citydata.services
m

QUOTATION
City of Porterville

SOFTWARE LICENSE
Loan Servicing, ONE (1) Seats/Unique CPUs $7,500
Trust Accounting/Escrow, ONE (1) Seats/Unique CPUs $2,500 ACH/EFT Electronic Payments, ONE (1) Seats/Unique CPUs $2,500 Line of Credit/Loan Modification, ONE (1) Seats/Unique CPUs $2,500 Additional Users, 6 total of SEVEN (7) Seats/Unique CPUs $12,000 Plus you will get: Built in Report Builder/Editor, End of Year 1098/1099s Sub Total: $27,000
======================================================== Total: $27,000

OPTIONAL ADDITIONAL COSTS/FEES
Web Portals, Borrowers & Lenders, unlimited logins, $200/month Cloud Hosting – per concurrent login, $60/month (7 x $60 = $420/month) Consulting, other misc custom items, reporting, estimate, $1,500 to $2,000 Consulting, data conversion, approx. 700 loans and transaction history from LoanLedger, estimate, $5,000

ANNUAL MAINTENANCE
Annual Maintenance (20% of lic fee, list price) = $5,400/yr, billed qrtly. ***Waived for six month from purchase
For further information contact our sales group at (800) 993-1839 or [email protected] www.loanservicingsoft.com
Sincerely,
Gunnar Carlson
Account Executive
(214) 799-9795 | [email protected]
Proposal 4/4/2024
Thank you for considering Nortridge Loan Software (NLS) for your loan servicing solution. We are confident that our software will meet your needs and exceed your expectations. Please find our pricing proposal below for your review. Let us know if you have any questions or if there is anything else we can assist you with.

Software as a Service (SaaS) breakdown:
• One-Time Set-up Fee of $1,575.00 to include the following:
o Server hardware
o Establishment of Database
o Software to manage connectivity
o Three (3) hours of installation/On-line Training
o One Backup Database
o Web services
o Test database (same version as production)
• Monthly Fee:
o Minimum monthly fee of $1,050.00 for up to 3 full Users o $362.25 per User thereafter
o $52.50 per Read Only Users
• Additional Modules: modules are $105.00 each per month for up to 5 Users, and an additional $105.00 per module for additional groups of 5 Users.
o Additional Modules include:
▪ Participation Module
▪ Escrow Module
▪ Multibook Accounting

Item No. 6.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Consideration of Agreement for Waste Disposal with Tulare County SOURCE: Public Works
COMMENT: On July 1, 2014, the County of Tulare (County) ceased operations at the Woodville Landfill facility and reopened the Teapot Dome Landfill facility to full operation. The County then negotiated Waste Disposal Agreements (Agreement) with local cities and haulers that included a lower tipping fee.

The current Agreement with the County is set to expire on June 30, 2024. The County is seeking a ten (10) year contract with the option of up to two five (5) year extensions, which would conclude on June 30, 2039, and June 30, 2044, respectively. Absent renewal, the Agreement will expire June 30, 2024.

The current rate of $28 per ton will conclude on June 30, 2024. Beginning July 1, 2024, and annually on each July 1 thereafter during the term of the Agreement, the County Contract Rate would be adjusted by averaging the percentage change in two Consumer Price Indices, as published by the U.S.

Bureau of Labor Statistics (BLS): i) Consumer Price Index, series CUUSA422SA0 San Francisco-Oakland-San Jose, CA, all items, not seasonally adjusted; and ii) Consumer Price Index, series CUUSA421SA0, Los AngelesRiverside-Orange County, CA, all items not seasonally adjusted. In no event shall the contract rate be increased by more than three percent (3%) rounded to the nearest whole dollar in any one year nor shall the rates decrease below zero percent (0%) causing a reduction in current rates.

Based on a 3% annual increase, the rate schedule would be as follows:

FY 2024/2025 $28.00
FY 2025/2026 $29.00
FY 2026/2027 $30.00
FY 2027/2028 $31.00
FY 2028/2029 $32.00
FY 2029/2030 $33.00
FY 2030/2031 $34.00
FY 2031/2032 $35.00
FY 2032/2033 $36.00
FY 2033/2034 $37.00
FY 2034/2035 $38.00
It is the staff’s recommendation that the Council consider the approval of entering into a ten (10) year agreement with an option of up to two five (5) year Item No. 6.
extensions with the County of Tulare for the disposal of solid waste.

RECOMMENDATION: That the City Council considers:

1. The approval of the Waste Disposal Agreement with the County of Tulare for a term of 10 years with an option to renew for up to two additional terms of 5 years; and

2. To authorize the Mayor and City Manager to sign the
necessary documents.

ATTACHMENTS: 1. City of Porterville WDL Agreement
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

WASTE DISPOSAL AGREEMENT
Between

COUNTY OF TULARE, CALIFORNIA
And

CITY OF PORTERVILLE, CALIFORNIA
Dated as of July 1, 2024

County Authorization Date:
___________________________________, 2024
County Notice Address:

Director
Tulare County Solid Waste Department
5955 S Mooney Blvd.,
Visalia, CA 93227
City Authorization Date:
____________________________________, 2024
City Notice Address:

City Manager
City of Porterville
291 N. Main St.

Porterville, CA 93257
i

TABLE OF CONTENTS
Page

ARTICLE I

DEFINITIONS AND INTERPRETATION

1.1 DEFINITIONS ................................................................................................................................................................ 1

1.2 INTERPRETATION......................................................................................................................................................... 7

ARTICLE II

REPRESENTATIONS AND WARRANTIES

2.1 REPRESENTATIONS AND WARRANTIES OF CITY........................................................................................... 7

2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY......................................................................... 8

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE

3.1 DELIVERY OF WASTE. ................................................................................................................. ............................... 8

3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. ............................................................................... 9

3.3 COUNTY RIGHT TO REFUSE WASTE. .................................................................................................................10

3.4 MISCELLANEOUS OPERATIONAL MATTERS. ...................................................................... ..........................10

3.5 OTHER USERS OF THE DISPOSAL SYSTEM. ....................................................................................................11

ARTICLE IV

CONTRACT RATE

4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE......................................... .........................11

4.2 CONTRACT RATE.........................................................................................................................................................11

4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE. .................................................................13

4.4 BILLING OF THE CONTRACT RATE ........................................................................................ ............................13

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION

5.1 BREACH ........................................................................................................................................ ..................................13

5.2 TERMINATION WITH CAUSE................................................................................................................... ..............13

5.3 NO WAIVERS..................................................................................................................................................................14

5.4 FORUM FOR DISPUTE RESOLUTION...................................................................................... ............................14

ARTICLE VI
TERM

6.1 EFFECTIVE DATE AND TERM. ................................................................................................ ..............................14

6.2 COMMENCEMENT DATE........................................................................................................... ...............................15 ii

ARTICLE VII

GENERAL PROVISIONS

7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM .............................................................15

7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. ....................................................... ...........................15

7.3 INDEMNIFICATION.................................................................................................................................................... .16

7.4 LIMITED RECOURSE. ................................................................................................................ ................................16

7.5 PRE-EXISTING RIGHTS AND LIABILITIES........................................................................................................17

7.6 NO VESTED RIGHTS .................................................................................................................. ................................17

7.7 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING.......................... ......................17

7.8 AMENDMENTS ........................................................................................................................... .................................17

7.9 NOTICE OF LITIGATION .......................................................................................................... ................................17

7.10 FURTHER ASSURANCES............................................................................................................ ...............................17

7.11 ASSIGNMENT OF AGREEMENT. .............................................................................................. .............................17

7.12 INTEREST ON OVERDUE OBLIGATIONS ............................................................................... ...........................17

7.13 BINDING EFFECT ........................................................................................................................ ...............................17

7.14 NOTICES........................................................................................................................................ ..................................17

7.15 DISPUTES AND DISPUTE RESOLUTION...........................................................................................................17

7.16 COUNTERPARTS.........................................................................................................................................................18 SIGNATURES ................................................................................................................................................................18 - 1 -

WASTE DISPOSAL AGREEMENT
This WASTE DISPOSAL AGREEMENT (“Agreement”) is made as of July 1, 2024, between the County of Tulare, a political subdivision of the State of California (“County”) and the City of Porterville, a California Municipal Corporation (“City”). County and City are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following Recitals:

RECITALS

1. The County owns, manages, and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the “Disposal System”).

2. The Disposal System includes two active landfill sites, the Visalia site, and the Woodville site.

3. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”).

4. City owns, manages, and operates a collection system for the disposal of municipal solid waste generated within City’s boundaries pursuant to City’s authority under State law.

5. City and the County desire to enter into this Agreement.

6. City has determined that the execution of this Agreement by City will serve the public health, safety and welfare of City’s residents by providing greater disposal rate stability, promote more predictable and reliable long-term disposal service costs, complement and enhance County’s goals to make the County-wide Disposal System more increase its efficiencies and professionalism, and provide effective financial management on a long term basis and promote sound environmental management.

7. The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliable municipal solid waste stream and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis.

THEREFORE, THE PARTIES agree as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION

1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below.
“Acceptable Waste” means all garbage, refuse, rubbish and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi- - 2 -
family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law, and that is not Unacceptable Waste as defined herein below.
“Act” means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. “Agreement” means this Waste Disposal Agreement between the County and City as the same may be amended or modified from time to time in accordance herewith. “Appendix” means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof.
“Applicable Law” means the Act, County’s Ordinance Code, City’s Municipal Code, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes). “CalRecycle” means the California Department of Resources Recycling and Recovery. “CEQA” means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. “Change in Law” means any of the following events or conditions which has a material and significant effect on the performance by the Parties of their respective obligations under this Agreement (other than any payment at the time due and owing), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies:
(1) enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); (2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or
- 3 -
(3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.
(4) any new or revised requirements imposed by Law upon the Department after the Commencement Date of this Agreement relating to the funding or provision of disposal services, including but not limited to any regulations for disposal operations or activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. “City” means, as applicable, the City of Porterville, a California Municipal Corporation. “City Acceptable Waste” means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of City, and Residue from the foregoing wherever produced, whether within or outside City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(C) hereof). “Commencement Date” means the date on which the obligations of the Parties hereto commence, established as provided in section 6.2(A) hereof.
“Contract Date” means the first date on which this Agreement has been executed by both Parties hereto.
“Contract Rate” has the meaning specified in section 4.2 hereof. “Contract Year” means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year.
“Controllable Waste” means all City Acceptable Waste with respect to which City has the legal or contractual ability to determine the disposal location therefor and which is:
(1) Non-Recycled City Acceptable Waste;
(2) Not generated from the operations of the Governmental Bodies that, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate. “County” means the County of Tulare, a political subdivision of the State of California. “County Plan” means the integrated waste management plan of the County approved by the CalRecycle pursuant to the Act as in effect from time to time. - 4 -
“County Solid Waste Enterprise Fund” means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. “Department” means Tulare County Solid Waste Department, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. “Disposal Services” means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder.
“Disposal System” means the Tulare County Visalia, , or Woodville landfill as applicable to the City . “Corrective Action Fund” means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation, or liability.
“Governmental Body” means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. “Hazardous Substance” has the meaning given such term in CERCLA, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder. “Hazardous Waste” means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. “Initial Term” has the meaning specified in section 6.1(A) hereof. “Law” means the statutes adopted by the legislative bodies and signed into law by the President or Governor, respectively, of the United States of America (Federal) or by the State of California (State); Federal and State administrative laws; final decisions by Federal or State Appellate and Supreme Courts.
“Legal Entitlement” means all permits, licenses, approvals, authorizations, consents, and entitlements of whatever kind and however described that are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby. - 5 -
“Legal Proceeding” means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. “Loss-and-Expense” means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. “Non-Recycled City Acceptable Waste” means all City Acceptable Waste other than Recycled City Acceptable Waste.
“Overdue Rate” means the maximum rate of interest permitted by the laws of the State or 1% per month whichever is lower.
“Posted Disposal Rate” means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement, or any other agreements that may be in place. “Prohibited Medical Waste” means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. “Qualified Household Hazardous Waste” means waste materials discarded from households as opposed to businesses determined by the Board, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be any of the following:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive;
(3) Carcinogenic/mutagenic/teratogenic;
Qualified Household Hazardous Waste shall not include Unacceptable Waste. “Recycled City Acceptable Waste” means any otherwise Controllable Waste that is separated from Acceptable Waste by the generator thereof or by processing and which is “recycled” within the meaning of Section 40180 of the Public Resources Code, as it may be amended from time to time. Recycled City Acceptable Waste includes compostable waste or green waste that is diverted to a composting or green waste recycling program.
“Renewal Term” has the meaning specified in Subsection 6.1(B) hereof. “Residue” means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing).
“Resource Conservation and Recovery Act” or “RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et seq., as amended and superseded. “Self-Hauled Waste” means City Acceptable Waste collected and hauled by Self-Haulers. - 6 -
“Self-Hauler” means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. “Service Covenant” means the covenants and agreements of the County set forth in sections 3.2 and

3.3 hereof.
“State” means the State of California.
“Term” shall mean the Term of this Agreement.
“Ton” means 2,000 pounds.
“Transfer Station” means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for City is delivered for processing before disposal in the Disposal System. “Unacceptable Waste” means Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law. “Uncontrollable Circumstance” means any act, event or condition affecting the Disposal System, the County, City, or contractors or suppliers to the extent that it materially and adversely affects the ability of either Party to perform any obligation under the Agreement (other than any payment at the time due and owing), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either Party. Examples of Uncontrollable Circumstances are:
(1) Landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and (2) A change in applicable law to this WASTE DISPOSAL AGREEMENT; and (3) A strike or labor action taken against either Party by a local public employee organization under the provisions of Government Code section 3500, et seq. (the Meyers-Milias-Brown Act) that effects either Party’s ability to perform under the Agreement. “Unincorporated Area” means those portions of the County that are not contained within the jurisdictional boundaries of incorporated cities. “Waste Disposal Covenant” means the covenants and agreements of City and County set forth in sections 3.1and 3.2 hereof.
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1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
(A) References Hereto. The terms “hereby,” “hereof,” “herein,” “hereunder” and any similar terms refer to this Agreement. The term “hereafter” means after, and the term “heretofore” means before, the Contract Date.
(B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations, and other legal entities, including public bodies, as well as individuals.
(D) Headings. The table of contents and any headings preceding the text of the Articles, sections, and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect. (E) No Third Party Beneficiaries. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. (F) Applicable Law. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of California.
(G) Conflict with Laws or Regulations/Severability: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party. In all other cases, the remainder of the Agreement shall continue in full force and effect. (H) Recitals. The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

ARTICLE II

REPRESENTATIONS AND WARRANTIES

2.1 REPRESENTATIONS AND WARRANTIES OF CITY. City represents and warrants that:
(A) Existence. City is a municipal corporation validly existing under and the Constitution and laws of the State, and, if applicable, under its charter.
(B) Due Authorization. City has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by City. - 8 -

2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization. County has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by the County.

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE

3.1 DELIVERY OF WASTE.
(A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, City shall exercise all legal and contractual power and authority that it may possess to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith that is not subject to any other agreements or regulations. (B) Recycled City Acceptable Waste. The Parties hereto acknowledge the responsibility of City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in City and delivered to the Disposal System by or on behalf of City that may result from any such source separation or recycling program shall cause City any liability hereunder and shall not constitute a breach of this Agreement. (C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled Residue which cannot be traced to a geographic source, generic Residues from such facility in Tonnage equal to the Residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant.
(D) Waste Flow Enforcement. City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by City, City shall pay the County an amount equal to the amount that City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (x) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (y) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to section 7.14). (E) Waste Information System. City shall cooperate with the Department in collecting information in order to assure compliance with this Agreement. Such information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and - 9 -
disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement.
(F) City Actions Affecting County. City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection, transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County’s ability to achieve such timely compliance. Notwithstanding the foregoing, City shall not be required to deny any permit or license, or refuse to grant any approval, while exercising its police powers.
(G) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated outside the jurisdiction and/or service area of City, nor obligate the County to receive or dispose of any such Acceptable Waste. City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction and/or service area of City to be substituted for Controllable Waste for any purpose hereunder.
(H) Annexations and Restructuring. It is the intention of the Parties that this Agreement and the obligations and rights of City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by City and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of City under Applicable Law.

3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY.
(A) County Disposal Services. In providing Disposal Services, the County shall, to the best of its ability: (1) provide safe, stable, all weather surfaces for travel ways and tipping areas on County landfill property so that City vehicles will not get stuck or risk tipping over during delivery operations of waste and;(2) provide a gate, scale, travel path, tipping location and exit path at County landfill property that allows for efficient unloading of trucks. The County shall also provide City with its safety protocols for the operation of the disposal system that affect City vehicles and drivers. . The City acknowledges that County Disposal Services at all landfills are inherently subject to environmental and manmade hazards. No waivers, implied or express, of any and or all applicable defenses available to the County are created by this paragraph. Any or all provisions of this paragraph shall be controlled by and subject to the provisions of section 7.3
(B) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System, (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the applicable landfill open for the receipt of waste for disposal of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which - 10 -
may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (C) Reasonable Cooperation. The Parties agree that each is operating a component necessary for City to operate a Municipal Solid Waste System. To this end, the Parties agree to reasonably accommodate special circumstances within the other’s operations whenever practicable and when such reasonable accommodation will not cause the accommodating Party to bear additional costs.

3.3 COUNTY RIGHT TO REFUSE WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse acceptance of:
(1) Unacceptable Waste;
(2) Controllable Waste delivered at hours other than those provided in section 3.4 hereof; (3) Waste that does not constitute Controllable Waste.
(B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles delivering material to the Disposal System, and may require that City remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if City is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. (C) Hazardous Waste and Hazardous Substances. The Parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System. (D) Disposal of Unacceptable Waste. If Unacceptable Waste is discovered in a City vehicle at any landfill within the Disposal System, the driver of City vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law.

Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Law.

3.4 MISCELLANEOUS OPERATIONAL MATTERS.
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(A) Operating Time. The County shall keep the Visalia Landfill open for the receiving of Controllable Waste Monday through Friday from 6:00 a.m. to 4:00 p.m. and Saturday 8:00 a.m. to 4:00 p.m. The County shall keep the Woodville Landfill open for the receiving of Controllable Waste 7 a.m. to 4 p.m.

Monday through Friday and 8 a.m. to 4 p.m. Saturday. Both landfills will be closed on the following holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
(B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Disposal System. The Department shall weigh all vehicles delivering waste by or on behalf of City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. Weighing shall include two weights for split trucks as required.

3.5 OTHER USERS OF THE DISPOSAL SYSTEM.
(A) Other City Agreements. The County shall have the right to enter into waste disposal agreements with other cities with respect to Acceptable Waste. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In the event a lower Contract Rate is agreed to with any other entity for disposal of Acceptable Waste generated by that entity within Tulare County, the Contract Rate provided in this Agreement shall be adjusted to match such lower Contract Rate. (B) Receipt of Acceptable Waste on a Contract Basis. The County shall have the right to enter into a contract or other agreement with any municipal or private non-County entity for the delivery of Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and City. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from City in accordance with the applicable Disposal Agreements. (C) Self-Haulers. City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Disposal System, on a non-contract basis, at the Posted Disposal Rate. Such Self- Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate.

ARTICLE IV

CONTRACT RATE

4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE.

City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the Disposal System by City. The Contract Rate shall be calculated and established, and may be modified, as provided in section 4.2 hereof. In addition, City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates.

4.2 CONTRACT RATE.
(A) Establishment of Contract Rate. The Contract Rate payable by City shall be $28 per ton from the Commencement Date through the Term on the Contract, subject to reasonable adjustments due to the following:
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(1) changed costs incurred by the County due to the occurrence of one or more Uncontrollable Circumstances, and
(2) adjustments due to changes in costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law. (B) Special Charges. Notwithstanding section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials, and shall not exceed the posted gate rate for such materials.
(C) Adjustments. In addition to the other adjustments specified herein, the Contract Rate shall only be adjusted in conjunction to a similar adjustment universally applied to the posted gate Rates established by the County. (D) Procedure for Rate Adjustments. Beginning July 1, 2025 and annually on each July 1 thereafter during the Term of this Agreement, the County Contract Rate ,may be adjusted by averaging the percentage change in two Consumer Price Indices, as published by the U.S. Bureau of Labor Statistics (BLS): i) Consumer Price Index, CUURS49BSA0 San Francisco-Oakland-Hayward, CA, all items, not seasonally adjusted; and ii) Consumer Price Index, series CUURS49ASA0 Los Angeles-Long BeachAnaheim, CA , all items, not seasonally adjusted.. The average monthly change in each index shall be calculated by comparing the most recent twelve-month period with the corresponding prior twelve month period (e.g., May 2019 would be compared to May 2020). The comparison shall calculate the percentage change between the current period and the prior period for each index. The twenty-four (24) comparison values shall be averaged together using a simple average of the values to determine the percentage change.

The initial Contract Rate presented by the County shall be valid until June 30, 2025. The first adjustment to the Contract Rate may begin on July 1, 2025. This adjustment may be annually performed by County, and a copy of such computation shall be provided to the County no later than April 1 of each year for the Contract Rate to be effective July 1 of that same year.

In no event shall the Contract Rate be increased by more than three percent (3%) rounded to the nearest whole dollar in any one year nor shall the Rates decrease below zero percent (0%) causing a reduction in current rates. In the event the percentage increase in the Contract Rate in any year exceeds three (3%) such excess shall be carried forward to the next and succeeding years and applied toward a subsequent increase in the Contract Rate, but only to the extent that any percentage increase in the Contract Rate in that later year is less than three percent (3%). This provision shall be effective in this manner, as long as the index mentioned above is published by government authorities in the same form and based on the same type data being used on the Commencement Date of the Agreement and shall be redefined by County in the event of any change in form and/or basis of indices, to a reasonably comparable standard. Each adjustment computation by County is hereby incorporated by reference herein.

County shall not be entitled to the automatic pass-through of any new fees that affect the State’s Integrated Waste Management fee component of the Contract rate. Any new State or Regulatory fee’s would require universal application to all Rates set by the County and City shall review and approve any such required changes prior to any change being applied to the Contract Rate or any invoices submitted to City, such approval shall not be unreasonably withheld. The adjustment shall be equal to the amount of any new or changed fee, and the adjustment shall take effect so as to coincide with - 13 -
the imposition of the new or increased fee. The County shall provide notice of any change pursuant to section 4.2(D) as soon as practicable after becoming aware of the imposition of any fees described above.

County shall give City 30 days advance written notice of any changes to the Contract Rate or any other charges to be imposed upon City under this Agreement. The written notice given by County shall include an explanation of the reasons for the change in charges, provide schedules or computations showing the incremental changes in any charges, and provide City with 10 days to request clarification or dispute any adjustment to the charges imposed under this Agreement. (E) Termination in Case of Change in Contract Rate.Notwithstanding any other provision of this contract, City shall have the right to terminate this contract without any further obligation in the event of an increase in the Contract Rate during the term hereof.

4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE.
(A) Payment by City. City shall take all budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include, but are not limited to, depending upon the means authorized by City to provide for such payment, the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. City shall use its best efforts in accordance with Applicable Law to levy and impose all such fees or charges, and will take all steps, actions, and proceedings for the enforcement, collection, and payment of all such amounts that shall become delinquent, to the full extent permitted by Applicable Law. (B) Disputes. If City disputes any amount billed by the County in any billing statement, City shall pay the undisputed portion of the billed amount and shall provide the County with written objection within thirty (30) days of the receipt of such billing statement indicating the amount that is being disputed and providing all reasons then known to City for any objection to or disagreement with such amount. If City and the County are not able to resolve such dispute within thirty (30) days after City’s objection, either Party may pursue appropriate legal remedies as to the disputed amount. Pending resolution of such dispute, City’s failure to pay the amount in dispute shall not be a breach of this Agreement justifying termination by either Party.

4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rate after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected Parties.

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION

5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this Agreement or any representation made by either Party hereunder is untrue in any material respect, the other Party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither Party shall have the right to terminate this Agreement except as provided in section 5.2 and section 5.3 hereof or as otherwise provided in this Agreement.

5.2 TERMINATION WITH CAUSE.
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(A) This Agreement may be terminated by either Party should the other Party:
(1) Be adjudged a bankrupt, or
(2) Become insolvent or have a receiver appointed, or
(3) Make a general assignment for the benefit of creditors, or (4) Suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement, or (5) Materially breach this Agreement.
(B) Effects of Termination: Expiration or termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities.
(C) Suspension of Performance: Independent of any right to terminate this Agreement, the authorized representative of County for which City’s services are to be performed, may immediately suspend performance by City, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by City to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

5.3 NO WAIVERS. No action of the County or City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with any term or provision of this Agreement. No course of dealing or delay by the County or City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy.

5.4 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the Parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any rights or any relationship between the Parties arising therefrom shall be solely and exclusively initiated and maintained in Tulare County by courts of the State of California having appropriate jurisdiction.

ARTICLE VI
TERM

6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon City and the County from the Commencement Date and shall continue in full force and effect for one-hundred twenty (120) months, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2034, for an additional term of ten (10) years (the “Renewal term”) on the same terms and conditions as are applicable during the Initial Term hereof. There will two (2) fiveyear renewal options. Absent renewal, the Agreement shall expire on June 30, 2034. - 15 -
(C) Survival; Accrued Rights. The rights and obligations of the Parties hereto pursuant to sections

3.1(E), 5.1, 5.3, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the Parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the Parties shall terminate.

6.2 COMMENCEMENT DATE. The Commencement Date for the Agreement shall be July 1, 2024.

ARTICLE VII

GENERAL PROVISIONS

7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or cause to be operated, the Disposal System in accordance with Applicable Law and the operating rules and regulations of the Department.

7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY.
(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. (B) Notice, Mitigation. The Party experiencing an Uncontrollable Circumstance shall notify the other Party by telecommunication or telephone and in writing, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within fifteen (15) days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such Party’s obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such Party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each Party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event, or condition shall occur, the Party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs, and resume performance under this Agreement. While the delay continues, the County or City shall give notice to the other Party, before the first day of each succeeding month, updating the information previously submitted. (C) Impact on Contract Rate.If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to either Party of meeting its obligations hereunder and providing Disposal Services to City or City’s delivery of its Controllable Waste to the Disposal System in accordance herewith, the adversely affected Party shall be entitled to an adjustment in the Contract Rate as provided in section 4.2 herein equal to the amount of the increased cost a result thereof. Any cost reductions achieved through the mitigating measures undertaken by the adversely affected Party pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate would have otherwise been adjusted or shall serve to adjust the Contract Rate to reflect such mitigation measures, as applicable. - 16 -

7.3 INDEMNIFICATION.
(A) Indemnification by City. To the fullest extent permitted by law, City shall indemnify, defend and hold harmless the County, its officers, employees, agents, and volunteers ("County indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising out of City's performance of its obligations under this agreement or out of the operations conducted by City, including the City's active or passive negligence except for such loss or damage arising from the sole negligence or willful misconduct of the County. In the event County indemnitees are made a party to any action, lawsuit or other adversarial proceeding arising from City's performance of this agreement, the City shall provide a defense to the County indemnitees, or at the County's option, reimburse the County indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. City acknowledges the County's legitimate interest in actively participating in any defense, litigation, or settlement whether the County or City provides legal counsel. City acknowledges the County's legitimate interest in actively participating in any defense, litigation, or settlement, and shall, as a condition to this indemnity, coordinate fully with the County in the defense. (B) Indemnification by County. To the fullest extent permitted by law, County shall indemnify, defend and hold harmless the City, its officers, employees, agents, and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising out of County's performance of its obligations under this agreement or out of the operations conducted by County, including the County's active or passive negligence except for such loss or damage arising from the sole negligence or willful mi-conduct of the City. In the event City indemnitees are made a party to any action, lawsuit or other adversarial proceeding arising from County's performance of this agreement, the County shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. County acknowledges the City's legitimate interest in actively participating in any defense, litigation, or settlement whether the City or County provides legal counsel. County acknowledges the City's legitimate interest in actively participating in any defense, litigation, or settlement, and shall, as a condition to this indemnity, coordinate fully with the City in the defense.

7.4 LIMITED RECOURSE.
(A) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due City hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the County’s obligations hereunder. The sole recourse of City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation that may be due hereunder.
(B) To City. No recourse shall be had to the general funds or general credit of City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of City’s obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in City Solid Waste Enterprise Fund in accordance with the terms of this Agreement. City shall make adequate provision in the administration of City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation that may be due hereunder - 17 -

7.5 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any Party hereto may have to or against the other Party as of the Commencement Date relating to the disposal of waste in the Disposal System or any other related matter.

7.6 NO VESTED RIGHTS. City shall not acquire any vested property, license or other rights in the Disposal System by reason of this Agreement.

7.7 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING. Any liability incurred by City as a result of collecting Acceptable Waste or processing it for diversion from landfill shall be its sole liability, except as expressly otherwise provided herein.

7.8 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended, or waived except by written agreement duly authorized and executed by both Parties.

7.9 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a Party and which questions the validity or enforceability of this Agreement executed by City or the County or any Legal Entitlement issued in connection herewith.

7.10 FURTHER ASSURANCES. At any and all times City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

7.11 ASSIGNMENT OF AGREEMENT. (A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other Party. In such circumstances, the Party not requesting the assignment shall have the right to demand assurances of the financial, technical, and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.

7.12 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.

7.13 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder.

7.14 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.

7.15 DISPUTES AND DISPUTE RESOLUTION: If a dispute arises between the Parties out of or relating to this Agreement, or the breach of the Agreement, then the Parties shall continue with their re- - 18 -
sponsibilities under this Agreement while attempting in good faith to resolve the dispute. If the dispute cannot be settled through negotiation, then the Parties agree first to try in good faith to settle the dispute by non-binding mediation, to be held in Tulare County, California, before resorting to litigation or some other dispute resolution procedure, unless the Parties mutually agree otherwise. The Parties must mutually select the mediator, who shall be an attorney licensed to practice law in the State of California, or a retired federal or state judge or magistrate, but in case of disagreement, then the Parties will select the mediator by lot from among two nominations provided by each Party. The Parties will split equally all costs and fees required by the mediator; otherwise each Party will bear its own costs of mediation. Mediation will be conducted consistent with California Evidence Code Sections 1115-1128. The mediator shall owe a professional duty to both Parties and shall be barred from testifying in any litigation concerning any information obtained or disclosed in the course of the mediation. If mediation fails to resolve the dispute within 30 days, or such other time period as the Parties may agree upon, then either Party may pursue litigation to resolve the dispute.

7.16 COUNTERPARTS: The Parties may sign this Agreement in counterparts, each of which is an original and all of which taken together form one single document. * * * * * * * * * * * * * * * * *
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE
By
Patrice Hildreth
City Manager
ATTEST: CITY CLERK
By
Approved as to Form:

City Attorney
By

COUNTY OF TULARE
By
Larry Micari
Chair, Board of Supervisors
ATTEST: JASON T. BRITT, County Administrative Officer/Clerk of the Board of Supervisors By
Deputy Clerk
Approved as to Form
County Counsel
By
Deputy
Matter # 20231102
- 19 -
AZ/JLK/PCC/2-8-2024/20231102/2117264
Item No. 7.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorize Modification to the Existing Contract with Pena's Disposal Service SOURCE: Public Works
COMMENT: On June 12, 2011, the City of Porterville and Pena's Disposal Services entered an agreement for Pena's Disposal Service to provide hauling services for the City's Transfer Station. Due to the implementation of California Senate Bill 1383, which requires the City of Porterville to provide organic waste collection services to every resident and business, it has become necessary to amend the existing agreement to include organic recycling services. This amendment would include the transfer, processing, and disposal of all City collected Organic Waste from the Porterville Transfer Station, Monday through Saturday, at a rate of pay by the City of $60.50 per ton.

The Rate would be adjusted annually based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U, San Francisco Area). The Rate may be changed in an amount equal to the percentage of movement for the most recent twelvemonth period and in no instance shall the CPI increase exceed 5%. The Rate as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Public Works Director within the thirty (30) calendar day period prior to the annual anniversary date of the agreement.

In the event that the Contractor is impacted by governmental regulatory surcharges or tipping fee increases requiring a substantial change in its operation, or substantial capital expenditure or investment in order to perform its obligations under this agreement, it is agreed, for the term of this agreement, there would be an automatic pass-through of fees to the City with the proper documentation.

Acceptable Organic Waste under this agreement will include grass clippings, leaves, weeds, food scraps, and tree trimmings less than 4ft in length. The City will take the necessary measures to limit contamination in the Organic Waste.

In the event that a load is heavily contaminated (over 10%) a pass-through fee of $15.00 per ton will be added to the load. The contractor shall provide a scale ticket and photos of contaminated loads as well as evidence of the pass-through charge.

Item No. 7.

The current agreement expires June 12, 2026, and stipulates a 60-day cancelation notice. Given the continued volatility of the market, it is staff’s recommendation that the City Council accept the proposal to amend the current agreement with Pena’s Disposal Service and authorize the mayor to sign Amendment #5 of the agreement.

RECOMMENDATION: That the City Council accept the proposal to amend the current agreement with Pena’s Disposal Service and authorize the mayor to sign Amendment #5 of the agreement.

ATTACHMENTS: 1. Pena Contract (Original)

2. Pena's Amendment #5
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE AGREEMENT
AMENDMENT NO. 5

AMENDMENT TO THE AGREEMENT MADE BY THE CITY OF
PORTERVILLE AND PEÑA’S DISPOSAL SERVICE
DATED JUNE 13, 2011
The parties stated in the above described agreement do hereby agree as follows:

The agreement between the City of Porterville (City) and Peña’s Disposal Service (Contractor) shall be amended to include the transfer, processing and disposal of all City collected Organic Waste from the Porterville Transfer Station, Monday through Saturday, at a rate of pay by the City of $60.50 per ton.

The Rate shall be adjusted annually based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U, San Francisco Area). The Rate may be changed in an amount equal to the percentage of movement for the most recent twelve-month period and in no instance shall the CPI increase exceed 5%. The Rate as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Public Works Director within the thirty (30) calendar day period prior to the annual anniversary date of the agreement.

In the event that the Contractor is impacted by governmental regulatory surcharges or tipping fee increases requiring a substantial change in its operation, or substantial capital expenditure or investment in order to perform its obligations under this agreement, it is agreed, for the term of this agreement, there would be an automatic pass through of fees to the City with the proper documentation.

Acceptable Organic Waste under this agreement will include grass clippings, leaves, weeds, food scraps, and tree trimmings less than 4ft in length. City will take the necessary measures to limit contamination in the Organic Waste. In the event that a load is heavily contaminated (over 10%) a pass through fee of $15.00 per ton will be added to the load. Contractor shall provide a scale ticket and photos of contaminated loads as well of evidence of the pass through charge.

Both Parties agree to extend the base agreement by five years ending June 12, 2031.

Except as amended herein, the Agreement between the City of Porterville and Peña’s Disposal Service, dated June 13, 2011, shall remain in full force and effect. / / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
IN WITNESS WHEREOF, the parties have executed this Amendment No. 5 on the 16th day of April, 2024, and agree that this amendment shall amend and be incorporated as part of the agreement dated June 13, 2011.

APPROVED AS TO FORM CITY OF PORTERVILLE
A Municipal Corporation
_____________________________ ________________________________ Julia Lew, City Attorney Martha A. Flores, Mayor
ATTEST: CONTRACTOR:
_____________________________ ________________________________ Patrice Hildreth, City Clerk Arthur G. Peña
Item No. 8.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Council Authorization of a Request for Proposals for the Operation and Management of the City of Porterville Transit System
SOURCE: Public Works
COMMENT: The City of Porterville is seeking proposals for the management and operation of fixed-route, Dial-A-Ride paratransit services, and micro-transit services. In addition to managing, operating, and maintaining the Porterville Transit System (PT), the scope of services also includes managing, operating, and maintaining the facility, fleet vehicles, and buses provided by the City. The initial contract will be a five (5) year term.

In order to be considered eligible and qualified, PROPOSER must have a minimum of five (5) years of experience in the field of providing public transit services for systems similar in size and scope to that referenced in the RFP.

Proposer Conference: On Tuesday, April 30, 2024, an informational conference and facility tour will be held beginning at 10:00 am at the City of Porterville Corporation Yard, 555 N. Prospect Street, Porterville, CA 93257. This is an opportunity to ask questions regarding the project and the Request for Proposal (RFP) requirements. Interested Proposers are encouraged to participate.

This contract is federally funded, and as such, the Federal Requirements associated with the performance of services under this contract have been included with this RFP. The awarded Contractor will be responsible for adhering to all local, state, and federal requirements listed herein. These requirements are hereby incorporated into the subsequent contract arising from this RFP.

Proposal forms and documents may be inspected and electronically downloaded at no cost on the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website.

Questions regarding this request for proposals must be submitted through the Public Purchase website.

The Agency has not established a DBE goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. The City of Porterville’s overall DBE goal is 1% of total contracts (including subcontracts) awarded.

Item No. 8.

The City affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Porterville will not be discriminated against on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract. No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

The purpose of the operations and management RFP is to provide day-to-day operational management of the transit services. The City of Porterville Maintenance Facility will provide the operational maintenance of the transit vehicles. Administration of the Transit System would be provided under the proposed service contract.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals (RFP) for the operation and management of the City of Porterville Transit System.

ATTACHMENTS: 1. Draft Request for Proposals for Transit Services 1 Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE
Requests for Proposals No. XX-XX-XXXX-PT
Transit Management, Operations, and Maintenance of Porterville Transit April 17, 2024
The City of Porterville does not discriminate on the basis of race, gender, ethnicity, age, national origin, religion or disability in its employment opportunities, programs, services, contracting opportunities or activities. It is the City’s policy to ensure compliance with the Title VI of the Civil Rights Act of 1964 in its contracting opportunities.

The project is funded in part by the Federal Transit Administration Catalog of Federal Domestic Assistance (CFDA) 20.500 and 20.507. The City of Porterville reserves the right to reject any or all proposals.

CITY OF PORTERVILLE, CALIFORNIA

REQUEST FOR PROPOSALS (RFP) XX-XX-XXXX-PT

CONTRACT TO PROVIDE MANAGEMENT, OPERATIONS AND MAINTENANCE

OF PORTERVILLE TRANSIT
SEALED PROPOSALS will be received by the Engineering & Project Management Department located at 291 N. Main Street, Porterville, CA 93257, until 4:00 P.M. on Tuesday, May 21, 2024, the Contract to Provide Management, Operations and Maintenance Services of Porterville Transit (PT).

On Tuesday, April 30, 2024, an informational conference, and facility tour will be held beginning at 10:00 am at the City of Porterville Corporation Yard, 555 N. Prospect Street, Porterville, CA 93257. This is an opportunity to ask questions regarding the project and the Request for Proposal requirements. Interested Proposers are encouraged to participate.

This contract is federally funded and as such, the Federal Requirements associated with the performance of services under this contract have been included with this RFP. The awarded Vendor will be responsible for adherence to all local, state, and federal requirements listed herein.

These requirements are hereby incorporated into the subsequent contract arising from this RFP.

In addition, this contract is also subject to the provisions of the California Labor Codes as stated in the scope of work in this RFP. The City is required to give a 10% preference to any Proposer who agrees to retain the employees of the prior contractor or subcontractor for a period of not less than 90 days. This information is more fully explained in the scope of work of the RFP.

Proposal forms and documents may be inspected and electronically downloaded at no cost, a the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website.

The City has not established a DBE goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. The City of Porterville’s overall DBE goal is 1% of total contracts (including subcontracts) awarded.

Executive Order N-6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, which shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Porterville will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract. The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: 4/17/24 & 4/24/24
RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

Table of Contents
DEFINITIONS................................................................................................................................................ 5 INTRODUCTION........................................................................................................................................... 5 A. General Information ......................................................................................................................5 B. Background....................................................................................................................................7 C. General Services to be Provided....................................................................................................7 D. RFP/Agreement Schedule..............................................................................................................8 SCOPE OF SERVICES..................................................................................................................................... 9 A. Scope of Work ...............................................................................................................................9 B. Documents Required After Award................................................................................................27 C. Labor Protection Requirements...................................................................................................27 D. Disadvantaged Business Participation and Equal Opportunity Provisions ...................................28 E. Pre-Contractual Expenses............................................................................................................28 F. Proposal Requirements................................................................................................................29 G. Submittal Package .......................................................................................................................29 Proposed Fee Structure ............................................................................................................................. 38 Contractor Selection Procedure................................................................................................................. 38 Procurement/Evaluation Method.............................................................................................................. 38 Criteria & Weight of Criteria ...................................................................................................................... 41 Background Check...................................................................................................................................... 44 Award of Contract ..................................................................................................................................... 44 General Conditions.................................................................................................................................... 45 A. Important Notice .........................................................................................................................45 B. Contracting Agency......................................................................................................................45 C. Legal Responsibilities...................................................................................................................45 D. Permits and Licenses...................................................................................................................45 E. Indemnification and Insurance ....................................................................................................46 Examination of Contract Requirements and Acceptance of Proposal Content........................................... 47 A. WITHDRAWAL OF PROPOSALS ....................................................................................................47 B. REJECTION OF PROPOSALS ..........................................................................................................48 C. EVALUATION/AWARD OF CONTRACT..........................................................................................48 D. PROTESTS/APPEALS .....................................................................................................................49 E. ASSIGNMENT OF CONTRACT .......................................................................................................49 F. RIGHT TO REQUIRE PERFORMANCE.............................................................................................49 G. ETHICS IN PUBLIC CONTRACTING ................................................................................................50 H. EQUAL EMPLOYMENT OPPORTUNITY..........................................................................................50 I. VENUE..........................................................................................................................................51 J. PROPRIETARY INFORMATION......................................................................................................51 K. INCURRING COSTS .......................................................................................................................51 L. FIREARMS PROHIBITED................................................................................................................51 M. EXECUTIVE ORDER – RUSSIAN SANCTIONS..................................................................................51 RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

DEFINITIONS
For the purposes of RFP No. XX-XX-XXXX-PT, the following terms shall have the meanings indicated:
a) “AGENCY” means the City of Porterville
b) “Agency Council” means the governing board or “CITY COUNCIL”. c) “Consultant”, “Contractor”, are used interchangeably throughout this invitation to mean the proposer awarded the Contract derived from this RFP. d) “Proposer”, “Proposer”, “Respondent” A person, partnership, firm, or corporation submitting a proposal with the intention of obtaining a contract. e) “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.
f) “Subcontractor(s) – Any person, entity, or organization to which Contractor or AGENCY has delegated any of its obligations hereunder.
g) “RFP” means Request for Proposal No. XX-XX-XXXX-PT.

INTRODUCTION
A. General Information
Proposals are requested by the City of Porterville, referred to as "CITY" or “AGENCY” herein, for management, operation, and maintenance services on behalf of Porterville Transit, which consists of fixed-route, dial-a-ride paratransit services, and transport ondemand services, hereinafter referred to as "PT”. Incorporated in this RFP is a Scope of work which specifies the work under this agreement that is required. In order to be considered eligible and qualified, PROPOSER must have a minimum of five (5) years of experience in the field of providing public transit services for systems similar in size and scope to that contemplated herein.

All proposals shall be for the complete management and operation of PT, as specified and in all respects, so that the proposal contemplates and ensures a complete TURNKEY SYSTEM such that nothing remains to be purchased, provided, or supplied by CITY, other than as noted within the provisions of this RFP. It is understood by each PROPOSER that this RFP requires, in all cases, all elements of a complete operating system for PT. The CITY will fund, procure, maintain, and provide automobile liability insurance on all revenue service vehicles used to maintain the service provided. Support vehicles are the responsibility of the CONTRACTOR to provide.

The award of a Contract is subject to the approval of the Porterville City Council. The initial contract term shall be for a five (5) year period and shall, at the City’s option, be unilaterally extended annually thereafter for five (5) consecutive one-year option periods.

The successful PROPOSER to whom an award is made will be required to enter into an agreement with the CITY substantially similar to the DRAFT AGREEMENT (Attachment C).

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

On Tuesday, April 30, 2024, an informational conference, and facility tour will be held beginning at 10:00 am at the City of Porterville Corporation Yard, 555 N.

Prospect Street, Porterville, CA 93257. This is an opportunity to ask questions regarding the project, view the facility and the Request for Proposal requirements.

Interested Proposers are encouraged to participate.

This Request for Proposals is being issued by the City of Porterville Purchasing Division.

Unless otherwise directed, all communications regarding this Request for Proposals should be directed the Public Purchase website, www.publicpurchase.com.

Any revisions to the Request for Proposals will be issued and distributed as addenda.

Proposers are encouraged to submit any questions or items for clarification in writing through the Public Purchase website. Publicpurchase.com, by Tuesday, May 14, 2024.

This solicitation for proposals does not commit the CITY to enter into a contract or to pay any costs incurred in the preparation of responses to this RFP. The CITY reserves the right to accept or reject all proposals, and to negotiate with any qualified source, or to cancel in part or in its entirety this RFP. It may accept the proposal that it considers to be in the interest of the CITY, with or without negotiation.

Any proposal which is incomplete, conditional, obscure, or which contains irregularities of any kind, may be cause for rejection. All proposals received shall become the property of the CITY and are subject to public disclosure. Those parts of a proposal which are defined by the PROPOSER as business or trade secrets as the term is defined in California Civil Code, Section 3426.1, and are reasonably marked Trade Secrets, Confidential or Proprietary and placed in a separate envelope shall not be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law or court order.

PROPOSERS who indiscriminately and without justification identify most of their proposals as exempt from disclosure may be deemed non-responsive. Proposals, excluding such marked confidential information, will be available for review after posting CITY staff recommendations.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Porterville will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract. The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

B. Background
The City of Porterville (Porterville Transit) is seeking proposals from qualified transportation operators to provide public transit services on behalf of Porterville Transit (PT). The following is a brief description of the City’s proposed project. For a complete description, please refer to the Scope of Work section.

Porterville Transit (PT), a division of the City of Porterville, is seeking a qualified PROPOSER to operate three different types of public transit services in the Porterville Urbanized Area. They include:
• Fixed-Route Service
• Demand-Response & Reservation Based Paratransit Service • On-demand Service
Demand-response services were initiated in the 1980’s, fixed-route in the 1990’s, and transPORT in the 2020’s. An estimated population of 70,000 resides within PT's 30.0 square mile service area (System Map – Exhibit C).

The City finances PT primarily through a combination of fare revenues, State Transportation Development Act (TDA), Federal Transit Administration (FTA) 5307, State and Federal Grants, and Measure R local sales tax funds. A portion of the funding is contributed by the County of Tulare under a contract for the provision of PT service to County residents residing within the Porterville Transit service area.

C. General Services to be Provided
The Awarded Proposer will be responsible for the complete management, operation, and maintenance of PT, as specified and in all respects, so that the proposal contemplates and ensures a complete TURNKEY SYSTEM such that nothing remains to be purchased, provided, or supplied by CITY, other than as noted within the provisions of this RFP. It is understood by each PROPOSER that this RFP requires, in all cases, all elements of a complete operating system for PT, including technology.

Incorporated in this RFP is a Draft Agreement that specifies the scope of work required by the City of Porterville. The successful Proposer will be required to enter into an agreement with the City substantially similar to the Draft Agreement, all proposals shall be for the complete management, operation, and maintenance of the City in full accordance with provisions included within the Draft Agreement and more fully described RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

in the Scope of Work. Final Agreement and Costs may be negotiated with the Selected Proposer.

D. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public April 19, 2024
Informational Proposer Conference and Facility Tours April 30, 2024 Deadline to submit Questions May 14, 2024
Proposal Submittal Deadline @ 4:00 pm May 21, 2024
Short list established and vendors notified May 24,2024 Interviews/Presentation with short-listed vendors (if required) May 28, 2024 Award of Contract @ City Council Meeting June 2024
Contract Begins one month prior to start of operations July 2024 RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

SCOPE OF SERVICES
A. Scope of Work
General Scope of Work
Proposer shall provide management, operations, and maintenance necessary for the daily operation of Porterville Transit (PT). The primary goal of PT is to provide the Porterville Urbanized Area with quality transit services that offer a high-quality alternative to driving. The objectives in meeting the primary goal in the daily operation of PT are to:

1. Supply properly trained and certified transit operators;

2. Provide all support staff including dispatchers, clerical, training and safety personnel, management personnel, supervisory personnel, and fleet, bus stop, and transit cleaning personnel.

3. Supply daily supervision and customer support.

4. Provide transit services according to the routes, times, and schedules defined herein and as may be modified.

5. Provide computer assisted dispatching (CAD), automatic vehicle locating (AVL, and customer relations management (CRM) software and equipment.

Projected Revenue Hours and Miles
Projected annual revenue hours can be found in the table below. The revenue hours reflected in the table below are not a contractual guarantee, only an estimate. Proposers will be paid for actual revenue hours performed, not for estimates as stated below.

Revenue hours may vary by 20% and proposals should hold constant hourly and fixed rates within that fluctuation throughout the contract performance period and any optional years. City will notify Proposer of additional service revisions or changes at least 60 days prior to the change(s). If at any time, changes to the entire service are greater than 20% overall (not including service changes due to events in the force majeure clause, which are common and may occur at any time), the Proposer may request a contract amendment, in writing to be submitted 30 days prior to the change in service.

Service Estimated Hours
Fixed Route 25,000
ADA Paratransit 3,000
On-Demand 12,000
Service Hours and Days
All PT services (fixed route, ADA paratransit, and on-demand) operate on the same service days.

All fixed routes and ADA paratransit services operate the same service hours. Service is between the hours of 7:00 am to 7:00 pm, Monday through Saturday, and limited service RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

on Sundays from 8:00 am to 5:00 pm.

On-Demand services operate between the hours of 6:00 am to 10:00 pm, Monday through Saturday, and limited service on Sundays from 8:00 am to 8:00 pm.

PT services do not operate on the following holidays: New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.

PT services operate on a “Sunday” schedule for the following days: Martin Luther King Day, Presidents Day, Veterans Day, Day after Thanksgiving, Christmas Eve, New Year’s Eve.

Local Fixed Route
PT generally operates a timed-transfer system on headways that typically vary between 30-40 minutes throughout the day. Fixed Route schedules are provided as an attachment.

Proposers shall be responsible for ensuring that the revenue service it operates is per the published schedule in print and on the City website, any deviations from the published schedule must be approved by the City in writing.

PT operates six fixed routes: P1, P2, P3, P4, P5, P6
Fixed Route Schedules (Attachment E).

On-Demand Services
On-Demand service offers local origin to destination shared ride service(s). Other passengers will be picked-up and dropped-off along the way. This service is open to the public with no application necessary to use. Trips will be booked from the Proposers proposed technology. Youth, Senior, and ADA trips are booked by calling Porterville Transit (Customer Service). On-Demand also serves ADA eligible residents. ADA eligible riders requiring a trip will be placed on complementary ADA paratransit if the on-demand service is not suitable.

It is desired of the City to align its on-demand software provider with our regional transportation partners. Currently the region is utilizing on-demand and ADA paratransit software from Via. Proposers are recommended, but not required, to partner with Via to provide the proposed technology in an effort to provide improved travel within Tulare County.

Drivers should strive to arrive at their pick-up destination in a timely manner. Upon arrival of the vehicle at the passenger’s pick-up point, the driver shall notify the passenger of their presence by honking the horn. Passengers who reside in an assisted living facility or are to be picked-up at a medical facility must be at the curb. Drivers will not go into facilities. Should the passenger not appear during the time frame (5 minutes), the driver shall note the trip as a no-show, resume service and proceed to the next scheduled RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

reservation.

Drivers shall assist Americans with Disabilities (ADA) passengers using on-demand services whenever possible from the curb of their origin to the curb of their destination.

The proposer shall use the highest reasonable degree of care in assisting passengers.

Assistance with ADA passengers shall, at a minimum, meet the requirements of the ADA.

Proposer shall park as close and safely as possible to each passenger’s origin and destination, including parking lots when necessary.

NOTE: Proposer is responsible for dispatching, scheduling, and performing the trips.

ADA Paratransit Services
PT’s complementary ADA paratransit service is available to qualified, certified persons with disabilities unable to board a regular local fixed route, access a bus stop, or otherwise navigate the regular fixed route bus system due to a disabling condition as defined by the ADA.

PT’s complementary ADA paratransit service operates on the same hours and days as regular local fixed routes.

PT’s complementary ADA paratransit service is operated within ¾ of a mile from a regular local fixed route.

PT’s complementary ADA paratransit eligibility is conducted by the City of Porterville.

Eligible individuals are entered into the database (software technology provided by Proposer).

It is the desire of the City to align its ADA paratransit software provider with our regional transportation partners. Currently the region is utilizing on-demand and ADA paratransit software from Via. Proposers are recommended, but not required, to partner with Via to provide the proposed technology in an effort to provide improved travel within Tulare County.

Proposers shall arrive at the appointed passenger pick-up time but under no circumstances no more than 15 minutes after the appointed pick-up time. If in the case the Proposer arrives early, they shall wait until the designated pick-up time, if contact is made with the passenger in this time frame no requirement shall be made by the Proposer for the passenger to leave before their scheduled pick-up time. If the Proposer arrives early and the passenger wishes to leave early the Proposer shall accommodate the passenger if it is reasonable.

Passengers picked up later than 15 minutes will be considered “late”, and Proposer will be subject to an assessed deduction. The proposer shall notify passengers by telephone whenever possible if the vehicle scheduled to pick them up is expected to arrive at the appointed pick-up location more than 15 minutes later than the appointed time.

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Contract for Management, Operations and Maintenance of Agency Transit System

Upon arrival at the passenger’s pick-up point, the driver shall notify the passenger of their presence by honking the horn. Passengers who reside in an assisted living facility or are to be picked-up at a medical facility must be at the curb. Drivers will not go into facilities.

The driver shall wait no more than 5 minutes to pick up a passenger after their scheduled pickup time.

Should the passenger not appear during the time frame (5 minutes) and no contact has been made with the passenger, the driver shall note the trip as a no-show, resume service and proceed to the next scheduled reservation. The missed pick-up shall be considered a “no-show” and the procedures for no-show shall be followed. In the case of large facilities with multiple exits and entrances, the Proposer shall confirm with passengers where they wish to be dropped-off and picked-up. In the case that a driver will not be performing the return trip for a passenger they shall relay the exact pick-up location to dispatch to forward to the next driver.

NOTE: The City is responsible for ADA eligibility and the Proposer is responsible for dispatching, scheduling, and performing the trips.

Porterville Transit Center
PT’s Transit Center is located at 61 W. Oak Ave, Porterville, CA 93257. Proposers are responsible for staffing customer service agents (Ticket Sales), dispatch/scheduling staff, janitorial staff, and management and supervisory staff at the Transit Center. Proposers are responsible for general cleaning and janitorial for maintaining cleanliness, safety, and a respectable image (pressure washed when needed). The proposer shall provide all cleaning supplies and cleaning equipment required.

PT’s Transit Center will be staff and open between the hours of 6:00 am to 10:00 pm, Monday through Saturday, and limited service on Sundays from 8:00 am to 8:00 pm.

Note: Proposers are responsible for general maintenance and repairs (less than $1,000).

The City is responsible for repairs (greater than $1,000), landscape, and utilities.

Fleet and Bus Stop Cleaning
Proposers are required to clean each vehicle that was used in revenue service daily.

General cleaning including, but not limited to, trash removal, graffiti removal, dusting, sweeping, moping, window cleaning, sanitizing, and exterior washing.

Proposers are responsible for providing bus stop trash removal, bus shelter cleaning, and bus stop maintenance through PT’s service area. General cleaning includes, but not limited to, trash removal, graffiti removal, glass and bench cleaning, removal of foreign substances, and sweeping shelter interior and sidewalk adjacent to the shelter.

Proposers shall provide daily cleaning (trash removal, graffiti removal, and sweeping) to RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

all PT bus stops with benches and shelters.

Proposers shall provide monthly detailing to all PT bus stops with benches and shelters for maintaining cleanliness, safety, and a respectable image (pressure washing when needed).

Perform other minor repairs as required. Dismantle, move, and erect bus stop poles, signs, and shelters as needed.

Proposers shall provide all supplies and equipment required. The City shall provide materials including bus stop signs, shelters, and other bus stop parts.

Responsibility of City
A. Management/Administration Oversight
• Marketing and public outreach.
• Development and printing of schedules and informational materials. • Development and printing of fare media.
• Development and printing of PT logos/decals/signage.
• Advertising and marketing materials on buses and facilities. • ADA Paratransit eligibility.
• Fare policies.

B. Planning
• Service planning and route design.
• Long- and short-range operating and capital planning.

C. Maintenance and Equipment
• Vehicle and equipment maintenance.
• Facility and landscape maintenance (greater than $1,000). • Farebox and video security equipment.
• Fuel for PT vehicles.
• Bus stop and shelter equipment.
• Transit Center office furniture and some equipment.

D. Technology
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Contract for Management, Operations and Maintenance of Agency Transit System

• ITS infrastructure.
• Cellular data and modems/routers.
• Facility and onboard security systems and technology. • Radio communications, including dispatch equipment.
• Point of sale system.

E. Amenities
• Passenger amenities, signage, and related components.

F. Transit Center Utilities
• Water, Sewer, Trash, Gas, Electric.

G. Liability Insurance for PT Vehicles
• Liability Insurance of PT vehicles will be the responsibility of the City.

Responsibility of Proposer
A. Equal Opportunity Employer
Proposers shall not discriminate based on race, color, religion, national origin, ancestry, sex, physical disability, or other protected class.

B. Retaining Existing Workforce
Proposers declare that they, as the successful Proposer, will agree to retain qualified, non-management employees of the current Contractor(s) for a period of at least 90 days, in accordance with California Labor Code Section 1072.

C. Uniforms
Proposer shall provide uniforms, approved by City, for all employees and shall wear City-approved uniforms while on duty. Uniforms shall be clean and neat. The PT logo shall be displayed prominently on the uniform. Proposer logos are allowed on the uniform. However, the Proposer logo shall be displayed secondarily to PT logos in respect to size and area.

Employees shall wear name tags that clearly display their names while performing their duties. Footwear must either be black or brown and weather and terrain appropriate (Ex: non-slip shoes, boots, hiking shoes), that are professional in appearance. Tennis shoes are not allowed. Employees shall always be neatly RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

groomed and dressed in uniform while on duty except during special themeoriented days designated by Proposer and approved by City.

Note: Proposer logo placement shall be approved by City. Uniform noncompliance will result in a penalty.

D. Fare Collection
Proposer shall collect a valid fare from all persons riding PT services provided under this Contract in accordance with the fare structure established by the City.

The city reserves the right to amend the fare structure. Any changes to the fare structure shall be communicated to the Proposer in writing at least 30 days in advance of it taking effect. The proposer shall not deny access to any person paying a valid fare without specific permission from the City. Proposer shall honor valid PT employee passes. Proposer will not issue free passes or any other passes without prior approval of the City.

The City will notify the Proposer of any promotion PT is conducting on a route. All Free Ride/Discount promotions shall be honored by the Proposer. The operator shall have the responsibility to verify that the Free Ride/Discount promotion presented is valid and has not expired. Instructions will be provided for the counting of riders. Since operators will be asked about PT activities, the information shall be posted in a prominent location and/or circulated among the operators. Proposer will be further required to remove any outdated postings of any information or promotional materials on buses and/or facilities, unless otherwise directed by the City.

All fares collected by Proposer shall be collected in fareboxes provided by the City.

At the conclusion of each service day, Proposer shall be responsible for probing the farebox, exchanging the cashbox, and storing the used cashboxes in a secure vault. On the following day, proposer is responsible for collecting the used cashboxes, counting, reconciliation, and depositing the revenues.

The proposer shall ensure the appropriate security systems and procedures are in place to safeguard the fares and the fare collection process. Security systems and procedures may include monitoring the probing of the farebox, transfer of cashboxes, and storage of the cashboxes in the Proposers vault. City shall have the right to accept, reject, or require changes to the security systems or procedures outlined by Proposer.

Note: Deductions may be assessed for discrepancies.

E. Bus Operators (Drivers and Supervisors)
Proposer shall be entirely responsible for the employment and supervision of operators necessary to perform system operations. Such responsibilities shall RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

include, although not necessarily limited to:
• Operator recruitment • Proper licensing
• Onboarding • Employee relations
• Screening • Discipline
• Selection • Retraining
• Training • Evaluation
• Supervision • Termination
Minimum Qualifications
As a part of operator recruitment, operator must:
• Be at least 21 years of age.
• Have a minimum of three years licensed driving experience. • Have no more than three moving violations or accidents within the immediately preceding three-year period.
• Have no convictions for misdemeanor or felony driving under the influence or no failures to appear.
• Have never been convicted of a violent crime, or a crime of moral turpitude. • Must be eligible to work in the United States.
• Have a high school diploma or equivalent.
• Proposer shall procure background checks before hiring any operator. The contents and source of the background check must be approved in advance by the City.
• Each operator must hold, and always maintain, the proper valid licenses and certifications required by the DMV, CHP, State and Federal regulating agencies to operate a transit vehicle in revenue and non-revenue service. Licenses and certifications shall include, but not limited to the following: a valid Class B, endorsed for air brakes and passengers, driver’s license issued by State of California, a DMV Medical Examiner’s Certificate, and Verified Transit Training (VTT). Proposer shall screen the California DMV record of each prospective operator.
• Proposer shall conduct background checks in accordance with applicable law, including California Labor Code 432.7, and shall review the criminal history of each application for the position of operator and shall reject any applicant with any felony conviction. Exceptions may be submitted in writing to the City for approval. Criminal checks must include all places of residence noted on the application.
• All operators must be able to read and speak the English language sufficiently to converse with the public, provide instructions in the event of an emergency, understand highway traffic signs and signals, understand street signs, understand routes and schedules, respond to dispatch, fill out incident and accident reports, fill out pre- and post-trip inspection reports, and any other document or report requested or required by law.

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F. Road Supervision
The Proposer shall have a minimum of 2 road supervisors in the field during the span of service. At a minimum, Proposer shall have 1 Road Supervisor for the Fixed Route and 1 Road Supervisor for Complementary ADA Paratransit and OnDemand Services.

Road Supervisors are responsible for managing and directing the activities of the vehicle operators including on-time performance, lift problems, fare issues, farebox problems, accident investigation, assistance in disputes/incidents, determining and working with detours, operator ride-a-longs, operator semi-annual evaluations.

Proposer shall provide Road Supervisors with a separate, independent radio communication system. Cell phones are permissible.

G. Emergency Operations
Proposer shall be aware and make its employees aware that the City in emergency response actions. Although the City expects all reasonable cooperation during any emergencies or emergency response operations, Proposer employees are not considered Disaster Service Workers under California Law. During all hours of operation, the Proposer shall have one manager or other supervisory employee on duty and designated as having immediate authority over all current operations.

The identity of that employee must be communicated to all other on-duty employees for that shift, and to the City.

H. Fueling
Proposer is responsible for fueling/charging PT vehicles daily at the City of Porterville Corporation Yard located at 555 N. Prospect St., Porterville, CA 9257.

The City is responsible for providing fuel for PT vehicles.

I. Fleet Cleaning
Proposer is required to maintain the inside and outside appearance of PT vehicles in a neat, safe, and operable condition. Such cleaning will include removal of all dirt, debris, and graffiti. Proposer will promptly notify the City of any repair, broken, cut, worn, torn, or vandalized components of the vehicles to eliminate hazards and unsightliness, and to minimize passenger discomfort.

Daily, all PT vehicles utilized in revenue service shall be cleaned, including washing and scrubbing of the full exterior, wheels, inside of all windows, scrubbing of oil or other excessive residue off the rear end, dusting or vacuuming of all seats, dashboard, stanchions and exposed services, and sweeping or vacuuming of all floor areas, including the removal of gum, grease, oil, etc.

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Contract for Management, Operations and Maintenance of Agency Transit System

Bus exteriors must always be maintained, specifically paint and body, for an aesthetically pleasing appearance. The Proposer is responsible for using only quality grade soaps and cleaning solvents that will not damage the exterior or interior surfaces of the buses including advertisements. These solvents should also be environmentally friendly.

All graffiti, interior and exterior, that is cleanable shall be removed as soon as practicable, preferably before the vehicle is placed back in service. If the graffiti is obscene, or gang related, it shall be removed immediately, or the vehicle shall not be used in revenue service until corrected.

All windows and/or inserts that are scratched/etched/fogged to the point of becoming opaque/distorted/seriously damaged causing possible safety issues shall be immediately reported to the City. All windows that are scratched/etched and hamper clear vision shall be reported to the City. Scratched/etched and hampered vision shall be defined to include bus wash abrasion, graffiti, and damage that exceeds 50% of the window or contains obscene or gang-related etching.

Seats shall be maintained in proper operating condition. All tears, cuts, gum, graffiti, and other damage shall be reported to be repaired by the City. The city will replace cushion materials that are worn or cannot be professionally repaired.

Proposer is responsible for steam cleaning and properly disinfecting, as soon as possible, if bodily fluids or solids are deposited on any seats and if seat cushion materials cannot be replaced.

All seats shall be free of excessive dust. Cushioned seats must be vacuumed, keeping dust to a minimum. Each revenue vehicle shall have the seats, stanchions, ceilings, side walls, and floors scrubbed, washed, or shampooed monthly. All seats and surfaces must be completely dry before being placed in revenue service.

Proposer will perform additional cleaning as directed by the City using approved cleaning agents in response to emergency or public health conditions.

Proposer shall provide all cleaning supplies and equipment to perform interior and exterior cleaning. The bus wash rack located at the City of Porterville Corporation Yard may be used if operable. Proposer is not relieved of cleaning the vehicles if a bus wash rack is not available or inoperable.

Note: Bus Stop cleaning and maintenance is an opportunity for Proposer to contract with a DBE.

J. ADA Equipment
All wheelchair lifts/ramps, tie-downs, and related equipment shall meet ADA requirements. Operator pre-trip inspections shall be utilized to check lift/ramp RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

operation before pull-out. If the lift/ramp is inoperable at the time of pull-out, the vehicle shall be repaired or traded before pull-out. No vehicle shall be operated in revenue service without functioning ADA equipment. Doing so may be grounds for contract termination.

K. Onboard Technologies
PT vehicles are equipped with a variety of technologies, including passenger WiFi, security camera systems, electronic fare boxes, digital destination signs, automatic voice annunciators (AVA), automatic passenger counters (APC), and infotainment systems. Operator pre-trip inspections shall be utilized to verify operation of onboard technologies before pull-out. Proposer will report any onboard technology equipment not functioning properly to the City.

L. Advertisement on Vehicles
Proposer shall make vehicles available for decaling and/or installation of advertisements. The advertising contractor will make every attempt to provide Proposer with at least 24 hours of notice. Most of the decaling and installation of advertisements shall take place on the weekends or after revenue service hours.

The Proposer shall be responsible for the cost of damages to the advertisements due to accident damage, abuse, or negligence on the Proposer’s part. The Proposer shall work with the City’s advertising contractor to reach mutual settlement for such damages.

M. Use of Vehicles and Equipment
Proposer understands that vehicles and equipment provided by the City under this Contract shall be used only to provide PT services unless preapproved by the City.

Other stipulations include:
• The Proposer’s right to use the vehicles and equipment is merely a license that is terminable at will by the City with reasonable notice, and such vehicles may not be assigned to the Proposer.
• The operation of vehicles utilized by Proposer in the performance of this Contract shall comply with all applicable federal, state, and local laws and regulations governing vehicles used for public transportation. • Proposer agrees that any equipment and/or technology purchased by Proposer through this RFP immediately becomes the property of the City.

The City will also retain the right to dictate the location of any equipment placed on PT vehicles and/or facilities, and PT equipment shall have priority consideration with regards to its placement. No modifications to PT vehicles, equipment or facilities will be permitted without prior written approval from the City.

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Contract for Management, Operations and Maintenance of Agency Transit System

• The City reserves the right to dictate what vehicle type may be used on a specific route or service (local fixed route, ADA paratransit, on-demand).

Furthermore, the City reserves the right to dictate to Proposer how many vehicles may be used for revenue service and/or on a PT route, and any additional vehicles beyond the permitted number for any service must be approved by the City in writing prior to their use.
• The use of any PT vehicles and equipment on other transit properties is strictly prohibited.

N. Training and Trainers
All training shall be administered by a qualified trainer. Trainers shall meet the following minimum requirements:
• Must have at least three years of experience as an instructor. • Must possess a valid Class A or B California License, with air brakes, passenger endorsement, VTT, and current Medical Card.
• All new trainers must be observed instructing and be approved by the City before being used as an instructor.

O. Initial Operator Training
Initial Operator training shall include “Verified Transit Training” (VTT) with a minimum of sixty hours of classroom, which includes the following topics:
• Pre- and Post-trip inspection.
• Map and Schedule reading.
• Farebox, including logging on procedures, fares, transfers, passes, etc. • Onboard technologies, including logging on procedures. • Recording NTD information including Bus Number, Route, Run, Trip, Service and Revenue Odometer Readings.
• On-time Performance procedures.
• Bike rack usage.
• Emergency accident and incident procedures and reporting. • Defensive driving.
• Layover and relief procedures.
• Passenger relations, including dealing with difficult passengers. • Specialized elderly and disabled instructions, including ADA regulations, lift/ramp operating procedures, and sensitivity training. • Blood borne pathogens exposure control plan.

A minimum of twenty hours of individual behind the wheel initial training shall also be provided by a qualified trainer. Individual behind the wheel instruction is defined RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

as the number of hours the student is behind the wheel with a trainer instructing one on one.

Proposer employees shall treat all passengers in a courteous and respectful manner consistent with good business practices. If the City determines that a pattern of indefensible customer complaints is established, Proposer shall upgrade its customer relations training program to the City’s satisfaction and retain its personnel as necessary to reduce complaints.

Proposer shall provide, for PT comment and approval, customer service standards that Proposer expects their employees to uphold while on duty. Proposer shall further describe how employees will be trained and held to these standards during the course of employment.

P. Refresher Operator Training
On an annual basis, Proposer shall conduct an eight-hour refresher training course for its operators as required by the DMV in order to maintain VTT. This refresher course will include farebox and onboard technology retraining.

Q. Special Retraining
Proposer shall provide special retraining for operators who have been involved in a preventable accident, who fail to follow proper procedures, who have become lost on route, or who fail to use equipment correctly. Special training shall be made available for operators who may require it due to a change in bid selection or extended leave of absence.

Note: Operators who fail to maintain an unclassified revenue rate of less than 5% shall be retrained on the farebox operations. Operators who are unable or unwilling to maintain an unclassified revenue rate of less than 5% for three consecutive months following the retraining will be replaced. Operator who has 3 verified occurrences (in a single month) for passing up a passenger waiting at a bus stop shall receive retraining.

R. Employee Performance
Proposer shall be solely responsible for the performance of its employees and shall take appropriate action to ensure employees perform in a courteous and professional manner. This shall include the regular practice of ride checks and viewing video to monitor employee performance.

Note: Upon written demand of the City, the Proposer shall immediately remove ANY employee whom the City considers unsuitable for such work. Removed employees must be replaced within 24 hours.

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S. Dispatch
The Proposer shall have Dispatchers on duty during all revenue service hours. At a minimum, Proposer shall have as many dispatchers as are required to perform all necessary functions at a level of performance acceptable to the City.

Dispatchers are responsible for coordination and communication with the operators and customers.

Dispatchers shall understand policies and procedures associated with PT services. Dispatchers must be able to communicate service-related information effectively. Dispatchers must be bilingual English/Spanish. Proposers shall require re-training if the City determines there is an unacceptable pattern or practice.

T. Dispatch Log
The dispatchers will be required to keep a daily dispatch log for each service mode, which shall include, but not limited to:
• Vehicle assignment.
• Operator assignment.
• Pull-out and pull-in.
• Untimely pick-ups
• Late and missed trips.
• Excessively long trips.
• Road calls.
• All other incidents or dispatch calls that vary from normal or expected system operation.
• Accidents and incidents will be immediately reported to the City. • Dispatch logs shall be submitted to the City daily on the following business day.

U. Ticket Office
Proposer is responsible for sufficient staffing at the ticket counters at the Porterville Transit Center, between the hours of 6:00 am to 10:00 pm Monday through Saturday, and 8:00 am to 6:00 pm on Sunday. Proposer will be responsible for the sale of PT fare media. Proposer is responsible for securing and accounting all cash and point of sales transactions that take place in the ticket office.

Note: Proposers shall reconcile Ticket Office revenue daily and secure it in a vault.

Proposers are responsible for Ticket Office revenue, reconcile, and deposit funds.

V. Comments and Complaints
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Contract for Management, Operations and Maintenance of Agency Transit System

Comments and complaints are critical for maintaining high quality service standards and good relationships with partners and members of the public. It is in the best interest of both parties to minimize complaints regarding PT services.

Proposer shall direct all comments and complaints to the Porterville Transit Center, which Proposers will log and investigate.

Note: Proposers shall propose Customer Relations Management (CRM) software that documents all PT comments and complaints.

W. Federal/State Compliance
Proposers shall be present and responsive at audits or Federal Triennial Reviews or FTA Drug and Alcohol Compliance or as requested by the City for reporting on ADA policies, practices, or activities by Proposers staff. Proposers shall also be readily available at a moment’s notice for such events. Additionally, Proposer shall provide any reports requested by the City for such events for the purpose of responding to or closing out any issues or findings.

Federal required contract clauses have been included in Attachment A and Attachment B.

X. Federal/State Reporting
The City requires specific data to meet federal and state reporting requirements.

Data shall be provided by the Proposer to the City on a scheduled and as needed basis. Operational data will primarily be used to meet National Transit Database (NTD) reporting requirements. Proposers are required to submit NTD data monthly.

The format in which this data is presented shall be determined by the City and provided to the Proposer upon award of the contract. The data required for monthly reporting shall be provided to the City not later than 7 days after the end of the month. Data required for annual reporting shall be provided to the City no later than 14 days after the end of the fiscal year. Data should be separately reported by service mode (fixed route, commuter, ADA paratransit, and on-demand), and shall include the following:
• Scheduled Revenue Hours
• Revenue Hours
• Scheduled Revenue Miles
• Revenue Miles
• Total Passengers
• Max number of vehicles in service per day of the week.

Proposers shall submit monthly and annual reports on the information collected in complying with FTA Alcohol and Drug Testing regulations. A copy shall be RFP NO. XX-XX-XXXX-PT
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submitted to the City as part of the monthly reporting and invoicing package.

Proposer shall comply with all applicable federal and state laws and requirements including but not limited to the FTA Drug and Alcohol Testing Programs. The Proposer shall be required to furnish a Drug Screening Program. Proposer shall pay for all drug screens for Proposers employees.

Proposers shall submit reports on the information collected in complying with the Safety and Security regulations. A copy shall be submitted to the City as part of the monthly reporting and invoicing package.

Proposers shall be required to submit any reports (i.e., Disadvantaged Business Enterprise (DBE)) as required by the Federal Transit Administration, including reports related to sub-Proposers and work performed by them, to ensure 1) continued eligibility for federal and state funding and 2) the ability to finance operations efforts with such funding.

Y. General Reporting
The City reserves the right to reject any reports that do not meet requirements.

The city may at its discretion remove or add a report(s) from the requirements or refine report requirements as needed to monitor PT services. Proposers shall ensure that employees are computer fluent to a level that any reports required by the City can be completed and submitted in a timely manner.

Z. Daily Reporting
The Proposer will report all vehicular collisions, accidents, and incidents involving any PT vehicles immediately to the City, including passenger falls. In addition, Proposers will notify the City in writing of the accident/incident within 24 hours of its occurrence. Proposers shall report passenger complaints and complaints related to safety or serious operational deficiencies immediately. Proposers will investigate all accidents and grade as to whether this event was preventable or non-preventable using industry standards. Failure to report such accidents/incidents in the manner and within the time frames specified herein will subject the Proposer to assessments.

Proposers shall provide daily reports to the City reporting the following in a manner dictated by the City:
• Missed Trips
• Any Supplemental Service/Trippers
• Road Calls
• Bus Swaps
AA. Other Monthly Reporting
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Other Monthly reporting should include, but is not limited to the following items:
• On-time Performance Report
• Bus Stop and Shelter Cleaning and Maintenance Report
• Fleet Cleaning Report
• Unless otherwise waived, Proposer shall submit a Monthly Employee Staffing Report with its monthly invoice, due by the 10th calendar day of each month, that reports any position vacancies, turnover rate since the start of the current fiscal year, number of regular and overtime hours performed by non-salaried staff (by position category), and monthly salaries and benefits paid (by position category). This report shall further include the names of each employee, seniority, status (part-time, temporary, full-time), and health workforce information such as COVID-19 related information.

Proposers shall provide additional staffing details as required by the City. • Proposers shall submit a report and supporting documentation for any Bus Stop and Shelter maintenance expenses including prof of vendor payment and invoices.

BB. Paratransit and On-Demand Reporting
In addition to the basic operational data required by the NTD for paratransit and on-demand services, the Proposer shall provide the following information:
• Total booked trips.
• Total cancellations (defined as a trip that is booked then cancelled by the passenger any time before the trip is completed.
• Total no-shows.
• Total personal care attendants.
• Total lift assisted trips.
• On-time performance.

CC. Access to Records and Facilities
Proposers shall permit authorized representatives of the City to examine all data and records related to PT services on request. Proposer will maintain all reports and records pertaining to PT services and will make them available for review or inspection by the City for a period of 3 years from the Contract Termination Date.

Any and all data collected, and any work produced by Proposer, for and on behalf of the City shall be the property of the City. The City reserves the right to request this data or work from Proposer, as well as dictate the form in which Proposer shall provide the data or work.

DD. Service Reliability
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Proposers shall provide timely and reliable transit services. This includes maintaining trip completion levels and on-time performance operating levels within the specified arrival and departure times as established by the City’s performance objectives. On-time performance will be closely monitored by the City and will be computed on a monthly basis by the Proposer. The City shall not be obligated to pay Proposer for missed trips. Deductions may be assessed by the City for trips missed and other areas of non-performance in accordance with the provisions included in this document. Any additional service, beyond scheduled, must be preapproved by the City.

Note: The City is seeking Proposers to propose a computer assisted dispatching (CAD) and automatic vehicle locating (AVL) systems to operate the Porterville Transit Center and monitor operations.

EE. Committee and Management Meetings
The proposer’s management team are required to attend all Committee and Management meetings scheduled by the City. There will be times when the services operated by the Proposer are the topic of discussion (Paratransit Coordinating Council, City Council Meetings, Social Service Technical Advisory Committee, etc.). Whenever possible, the City will notify the Proposer in advance of concerns that might be raised. Should comments be directed to Proposer’s operational issues, the Proposer shall submit to the City within 7 days a plan to address the issues discussed.

FF.Transit Workers Focus Group
Proposer will allow the City to coordinate an internal committee of Proposer’s nonmanagement employees to identify internal service issues, public-facing service issues, and engage with non-management employees. This committee will be made up of 10 random Proposer’s non-management staff with a mix of job classifications. Key City staff will be present at the meetings.

GG.Technology
The Proposer will support innovative efforts and investments, such as technology not already owned and operated by the City and innovative dispatching methods which can enhance the quality and level of service, while focusing on maximizing ridership, coverage, and efficiencies.

The City is seeking a third-party contractor that is interested in a spirt of partnership and cooperation to propose an innovative computer assisted dispatching (CAD), automatic vehicle locating (AVL), and customer relations management (CRM) software and equipment to assist with PT functions such as trip reservations, monitoring on-time performance, customer service, and communications.

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Contract for Management, Operations and Maintenance of Agency Transit System

Proposer will provide the following software and equipment that the City and Proposer will be using:

1. Computer Assisted Dispatch –Via is the preferred for regional coordination.

2. Automatic Vehicle Location –Via is the preferred for regional coordination.

3. Customer Relations – Happy Fox or similar
The Proposer will be a strong partner in exploring future technology and systems for use by the City.

B. Documents Required After Award
Upon the CITY’S acceptance of a proposal, the successful PROPOSER will be required to execute and return a Contract furnished by the CITY, along with a Performance Bond, in the amount of twenty-five percent (25%) of the first-year contract value, and all certificates of insurance within fifteen (15) days from the date of the Notice of Award. The performance bond shall remain in effect for the duration of the contract. A sample form for Performance Bond has been included with this RFP. Should the successful PROPOSER fail to execute the Contract, the CITY has the right to accept the proposal of the PROPOSER offering the next best value to the CITY and proceed to award contract to the next Proposer.

C. Labor Protection Requirements
Federal:

This project is subject to the provisions of Section 13 (c) of the Federal Transit Act, as amended, and specifically to the labor protection provisions incorporated into the contract for assistance between the Federal Transit Administration and CITY. These provisions require that the project “be carried” out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass transportation industry within the service area of the project.”
State:

This project is subject to the provisions of California Labor Code Sections 1070-1074.

These provisions require that CITY give a 10% preference to any Proposer who agrees to retain the employees of the prior contractor or subcontractor for a period of not less than 90 days. Information including the current number of employees, wages, benefit levels, and job classifications of employees performing services under the existing contract shall be made available upon request to any entity that the awarding CITY has identified as a bona fide Proposer.

The Successful PROPOSER, if different from the present CONTRACTOR, will therefore be required to offer employment to employees in good standing of the present CONTRACTOR. Said employees shall be rehired at not less than their current level of salary (or wages) and benefits. Please refer to Exhibit F “Current Labor & Benefit RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

Information” for a list of hourly wages and description of benefits.

D. Disadvantaged Business Participation and Equal Opportunity Provisions The City has not established a DBE goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. The City of Porterville’s overall DBE goal is 1% of total contracts (including subcontracts) awarded.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Porterville will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

E. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by proposers and selected contractor in:
• Preparing a proposal in response to this RFP;
• Submitting a proposal to the City
• Negotiations with City or any other matter related to the proposal; and, • Other expenses incurred by contractor or proposer prior to the date of award of any agreement.

The City shall not be liable for any pre-contractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP.

The City shall be held harmless and free from any and all liability, claims or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP.

In order to be considered eligible and qualified, PROPOSER must have a minimum of five (5) years of experience in the field of providing public transit services for systems similar in size and scope to that contemplated herein. The PROPOSER should demonstrate familiarity with the management and operation of fixed route, dial-a-ride, and on-demand public transit services, including all related tasks such as vehicle control and dispatch, training, safety, fleet and bus stop cleaning and maintenance, fueling/charging, etc. The CITY is particularly interested in the PROPOSER’S experience related to CNG, battery electric, and other no or low-emission vehicles/buses. The PROPOSER must have the capability to provide qualified personnel to manage and operate the system including all operations, maintenance, and related functions.

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A statement of qualifications demonstrating the foregoing and listing the PROPOSER'S experience in the public transit field shall be furnished with the proposal. Clients referenced should be located in California, if possible.

F. Proposal Requirements
The response must contain the requested information and forms organized by the prescribed sections. Each Proposer shall submit a complete response, providing all information requested with a complete description of the project plan. Failure to follow the prescribed format may result in rejection of the responses.

A response may be rejected if it is conditional or incomplete, or if it contains any alternation of form or other irregularities of any kind. A response may be rejected if any such defect or irregularity constitutes a material deviation from the submittal requirements.

Responses submitted under improperly marked covers may be rejected. If discrepancies are found within the response, the response may be rejected.

Each page must be clearly and consecutively numbered. All responses must be submitted in the name of the legal entity or authorized agency.

Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

G. Submittal Package
Proposals must be received no later than 4:00 p.m. on Tuesday, May 21, 2024, at:

City of Porterville
Engineering & Project Management Department
Attention: Sarah Weaver, Project Manager
291 N. Main Street, Porterville, CA 93257
All responses must be received by the closing deadline. Late responses will be rejected.

Receipt of the response by the U.S. mail system does not constitute receipt of the responses by the City of Porterville. The City of Porterville will not accept facsimile, or email submitted responses. All responses must be packaged, sealed, and show the following information on the outside of the package:
• Firm name, mailing address, telephone number,
• RFP-XX-XX-XXXX-PT
• Deadline: May 21, 2024, at 4:00 p.m. PST.

Responses must be signed by an authorized representative of the Proposer.

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A. Cover Letter:

Identify the prime contractor and describe any subcontract arrangements, identify the person who is authorized to negotiate for the team, and indicate that the proposal represents a firm binding offer for 200 days. Acknowledge receipt of all addenda-byaddenda number.

B. Project Understanding:

1. Project Services Contract: Proposer will indicate willingness to accept the terms and conditions in the City’s Standard Agreement. Include a list of those terms to which Proposer takes exception, and, as appropriate, provide proposed alternate wording, if any. It is not the intent to make substantial changes to the Standard Agreement. Proposers must also acknowledge their willingness to accept the FTA Grant Contract Provisions (Attachment A and Attachment B).

2. Scope of Work: Proposer will indicate that there is an understanding of the Scope of Work included with this RFP (including all Attachments and Addendums) and agrees to follow said Scope of Work unless alternatives to the scope are presented within the proposal. All proposed alternatives should be listed along with references to detailed descriptions within the proposal. The City reserves the right to accept or reject any proposed change to the scope of work.

3. City Responsibilities: Compensate the Contractor as provided in the contract agreement. Maintain the revenue fleet. Provide a "City Representative", who will represent the City and who will work with the contractor in carrying out the provisions of the RFP. The Contractor shall communicate with the City representative who will provide the following services:
• Examine documents submitted to the City by the Contractor and render timely decisions pertaining thereto.
• Give reasonably prompt consideration to all matters submitted by the Contractor for approval to the end that there will be no substantial delays in the Contractor’s program of work.
• Process invoices submitted by Contractor.
• Provide Contractor with maps and other documentation, if available and necessary for completion of work.

C. Corporate Capabilities, Experience, Past Performance:

1. Company Financial Capacity: Submit a detailed company portfolio including the company’s financial viability within the past three (3) fiscal years, on-going projects, and all pending litigations in which the company may be directly or indirectly involved. If Proposer and/or any of its owners and/or officers, has filed (voluntarily or involuntarily) for credit protection under any bankruptcy proceeding within the last seven years, Proposer must provide detailed RFP NO. XX-XX-XXXX-PT
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information concerning such bankruptcy. Proposer may also provide detailed information on any failures to complete awarded contracts and any contract defaults or terminations.

If requested by the Proposer, such information shall be treated as confidential by the City and shall not be subject to public disclosure. b) Experience with Similar Contracts: Supply a ten-year history of Proposer’s company and demonstrate experience in service operations of a system similar in scope, size, and complexity to the package of services being proposed.

Include:
• Name and address of client.
• Date service was provided.
• Type of services provided (e.g. fixed route, paratransit) • Functions performed (e.g. vehicle operation, scheduling, dispatching, maintenance)
• Number of employees
• Number and type of vehicles operated in peak service. • Types and sizes of buses operated.
• Accident and industrial injury information that accurately reflects the quality of service provided (detailed accident information is also requested in the Safety Program below)
• Name of the individual responsible for administering and monitoring the contract for the client organization, and an address and telephone number where that person can be reached.
c) Required Qualifications of Contractor: Proposals for the management and operation of PT will be evaluated by the City to determine whether or not they meet the required qualifications. Proposals that fail to provide documentation responding to all of the required qualification items set out in the RFP (including Exhibits and Attachments) may be considered non-responsive and may be rejected.

A statement of qualifications demonstrating the foregoing and listing of Proposers experience in the public transit field shall be furnished with the proposal. Clients referenced should be located in California if possible. Provide any additional relevant reference information over and above the contact information provided above.

This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience, and their proposed roles for this contract. Note: Contractor may not substitute any member of the project team without prior written approval of the City.

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If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the contracted City.
d) Conflict of Interest
• Disclose any financial, business, or other relationship with the City in this RFP that may have an impact on the outcome of the project. • List current clients who may have a financial interest in the outcome of the project.

1. Key Personnel Qualifications and Experience
Key personnel must be designated and identified. A description of these key positions is included in the scope of work. The following is a list of personnel are considered key to the PT management and operation:
• Project Management (Staff to be Proposed, all proposed staff necessary to meet the requirements set forth in the Scope of Work will be considered key to this project)
• Operations, Safety and Training Manager(s)
a) Summary of Key Personnel: Provide a summary of the qualifications and background shared with other projects, the percentage of time dedicated to this project must be included. Include the proposed location of these staff members and the percentage of time at these locations if they are to be shared with other projects. Provide a description of which required duties will be assigned to each of the proposed staff and how their time will be split between each of the duties. If subcontractors are to be used, describe the arrangement as well as their role in the project.

Designate one of these individuals as the point of contact for issues that arise during the contract.
b) Resumes: Include resumes for each of the key personnel mentioned above.

2. Organization, Workforce and Staffing
• Management Plan: Provide a management plan for this project, including a detailed description of understanding of the work to be performed. Plan should also include:
o Creative ideas proposed to maximize safe and efficient RFP NO. XX-XX-XXXX-PT
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paratransit operations.
o Description and extent of corporate support available to on-site staff.
• Personnel: Include a listing of all proposed personnel with qualifications and responsibilities for each position or classification. • Organization Chart: The Proposer should provide an organizational chart which identifies how the following functions will be satisfied:
project management, fleet and facility cleaning and maintenance, reservations and scheduling, dispatch, customer service, safety and training, operations management, scheduling/call center management and road supervision. Discuss the proposer’s minimum qualifications for each relevant position e.g. background checks language fluency, age minimums.
• Hiring and Retention: Discuss method for attracting and maintaining a quality and experienced workforce for this project. Provide a table showing the salary range or hourly rates and benefit package Proposer will provide for each position, including operators, mechanics, supervisors, and scheduler/dispatchers.
• Incentives: Describe any proposed internal employee incentive program that would be implemented for vehicle operators as part of this contract. Examples of incentives could include incentives for driver safety, customer service, and increased efficiency and certification / licensing.
• Drug and Alcohol Testing: Provide a copy of Proposer’s current employee drug and alcohol testing policy compliant with the U.S.

Department of Transportation Regulations.

For each job classification shown in the organization chart submitted above, list the proposed wage scale, and include both training and starting wages, if different. Include any budgeted step increases, cost of living adjustments and/or wage scale increases and the time period between such increases. In addition, use the following format to show the average wage scale used to develop the proposal budget.

Average Hourly Wage Classification
Job Number of
Positions
Total Labor
Hours
Year #1 Year #2 Year #3 Year #4 Year #5
Please describe the proposed fringe benefit package in detail including a description of each benefit to be provided including, but not limited to the availability and value of such potential items as vacation; sick leave; holidays; RFP NO. XX-XX-XXXX-PT
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and health coverage such as medical, dental, vision and disability.

The description must include the dollar value of such benefits; the employee cost or percentage share of those costs; the positions to which they apply; minimum employee eligibility requirements; whether it is employee-only or full dependent coverage; the specific coverage description; and, how long an employee must wait to begin receiving the benefit.

The above list of possible benefits is for illustration purposes only and is not intended to prescribe the type of value of the benefits to be provided to any or all project employees. This level of detail, however, is essential for the fair and complete evaluation of the proposals received.

3. Operational Approach
a) Provide an overview of your start-up approach and transition plan from the existing contractor to the new contractor and attach an implementation schedule outlining the stops to be taken up to the point of the beginning of the operation of the service. This transition plan must demonstrate that the proposer has thoroughly considered all that needs to be done to transition to the new contract with minimal service disruption and minimal assistance from City staff. The startup plan is to assume that the contract is awarded in June 2024 and that the first day of service under the new contract will be July 1, 2024.
b) In six pages or less, outline the proposed driver training and safety program for new drivers and the retaining program for veteran drivers.

Include an outline of the topics covered; the time devoted to each; number of classroom hours; number of behind-the-wheel hours with trainers; number of driving hours in regular service with a trainer or instructor; and the amount of time devoted to customer relations and sensitivity training. c) In two pages or less, outline the proposed training program for dispatchers, reservationists, and sales/information window clerks including an outline of topics covered and time devoted to each topic. The description must address customer relations and sensitivity training in addition to other topics that might be covered.
d) Submit a description of the scheduling, dispatching and public information process and technology proposed for PT’s services. Describe the proposed public information hours and the minimum staffing levels to be maintained during this agreement.

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e) In two pages or less, describe your proposed method of dispatching.

Include a description of any relevant experience with any technology being proposed such as a computer reservation, computer assisted or fully automated dispatching system.
f) Describe your firm’s proposed program to accommodate driver “no shows”, absenteeism, vacations, and turnover of employees. What assurance does the Proposer have that drivers will always be available as needed? g) Describe your firm’s proposed program of replacement of key personnel. h) Describe how your firm would monitor the quality of the service provided under this contract.
i) Describe the proposed Management Information System that will be used to report operational and financial data including the necessary fixed route under the National Transit Database system as required in the “Scope of Work”.

4. Maintenance, Safety and Insurance
a) Describe your firm’s proposed facility, fleet, and bus stop cleaning program, including inspection schedules, staffing levels (by classification), repair capabilities, and cleaning and washing schedules. b) Describe in detail your firm’s proposed preventative maintenance and inspection (PMI) program for all bus stop signs and shelters. Attach examples of the proposed documents to be used in the PMI program. c) Are there any recent, current, or pending litigation involving public transit services operated by your firm due to accidents involving death or serious injury? ("Recent" shall be defined as any judgment entered or settlement reached within the past three years which resulted in a dismissal of a lawsuit.) If the answer is "yes", give details, to the extent allowed, including court and number of each case.
d) Provide a detailed statement indicating the proposed insurance program by type, dollar amount, deductible levels and the method of cost calculation being careful to note the unique insurance provisions of the attached Draft Agreement or as outlined in this RFP.

5. Miscellaneous Requirements
a) Provide the proposed cost per vehicle revenue service hour for extra services, as defined in the draft agreement, for each year of the proposed agreement.

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b) Describe the amount and method of calculation for early payment discounts if any are being offered. Proposers should note the standard invoice and payment schedule contained in the draft agreement in responding to this question.
c) Please list and price any other items you propose to offer as an option in addition to the items required by this RFP, the Draft Agreement, and the Scope of Work.
d) Briefly summarize why you consider your firm to be the best qualified to perform this contract indicating any new or creative ideas or details not mentioned earlier that would provide the City with a high quality, safe, efficient, and responsive transit operation.
e) Complete and submit a Proposal Cost Form based on the sample pricing forms provided in Attachment D.
f) Complete and submit the required proposal and contractor Forms (Forms 1- 5).
g) Provide the name of the firm's contact person, address, telephone number, and e-mail address.

6. Federal Proposal, Contract Certifications and References:
• Proposing firms will be required to complete and submit the following federally required forms included in Attachment A and Attachment B. o Certification of Lower Tier Participants Regarding Debarment, Suspension, and other Ineligibility and Voluntary Exclusion. o Certification of Restrictions on Lobbying
o Drug-Free Workplace Act Certification
o Workers’ Compensation Insurance Certifications – The successful contractor shall be required to provide a “Worker’s Compensation Insurance Certification” before commencing work.
• Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, fax number and email address if different from above.
• Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
o Small Business.
o Disadvantaged Business.
o Minority and/or Women-Owned Business.

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Contract for Management, Operations and Maintenance of Agency Transit System

• The personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified. • Surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.
• References and Referrals
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Proposed Fee Structure
A Proposed Fee Structure and Schedule shall be provided under separate, sealed cover as a part of the RFP submittal. Sample pricing sheet templates have been provided in Attachment D.

Provide proposed fees, cost information, and recommend a budget plan for all services to be provided in the following format:
• Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the services provided by Proposer. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down by type of service and units of work or other applicable measure (for example, staff hours at a certain rate). Proposers should endeavor to provide a comprehensive, fee schedule, as the City will not include compensation in the contract for items not addressed.
• Include a total cost to provide services, based on the contractor’s fee schedule and the Scope of Work as outlined in this RFP. This cost will be used as a basis for negotiations.

The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City actual needs.

Contractor Selection Procedure
Selection of the successful proposal shall be generally based on the information provided by the Contractor in response to the Request for Proposals and any subsequent interviews that will be conducted. An evaluation committee will be established to review all proposals submitted pursuant to the terms of this RFP. The composition and creation of this committee, should one be formed, is at the sole discretion of the City’s in this bid. Names of the Committee members, should one be formed, will not be released prior to the time for interviews. Members of the proposed team are expected to participate, if possible, in any interviews to be conducted with selected proposers. The evaluation of proposals will be based on the following criteria and relative value established by Agencies.

Procurement/Evaluation Method
The selection of a contract operator for PT Operations & Maintenance is based on a competitively negotiated method of procurement. Guidance from the Federal Transit Administration (FTA) defines this type of procurement as the most appropriate procurement method when: (1) price alone is not the determinant factor in selection, RFP NO. XX-XX-XXXX-PT
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and
(2) discussions are expected with prospective offerors after proposal submission.

Further, the City has employed the “Best Value” approach in this type of procurement.

FTA defines this process as:

Best Value describes a competitive, negotiated procurement process in which the recipient reserves the right to select the most advantageous offer by evaluating and comparing factors in addition to cost or price such that recipient may acquire technical superiority even if it must pay a premium price.

A “premium” is the difference between the price of the lowest priced proposal and the one that the recipient believes offers the best value. The term “best value” also means the expected outcome of an acquisition that, in the recipient’s estimation, provides the greatest overall benefit in response to its materials requirements.

To achieve best value in the context of acquisitions for public transportation purposes, the evaluation factors for a specific procurement should reflect the subject matter and the elements that are most important to the recipient. While FTA does not mandate any specific evaluation factors, the recipient must disclose those factors in its solicitation. Evaluation factors may include, but are not limited to, technical design, technical approach, length of delivery schedules, quality of proposed personnel, past performance, and management plan. This definition is intended neither to limit nor dictate qualitative measures a recipient may employ, except that they must support the purposes of the Federal public transportation program.

FTA Requires Agencies to base their determination of which proposal represents the “best value” on an analysis of the qualitative technical factors.

In the event that two or more proposals are considered by the Evaluation Committee to be equal in their technical merit, the evaluated cost or price becomes more important; in such a case, cost or price may ultimately be the deciding factor.

Accordingly, the Evaluation Committee may not necessarily make recommendation to award to the Contractor with the highest technical ranking or not make a recommendation to award to the Contractor with the lowest Price Proposal, if doing so would not be in the overall best interest of the City’s public transit program.

Proposals submitted in response to this RFP will be evaluated and scored by the Evaluation Committee established by Agencies participating in this bid, in accordance with the criteria outlined in the related section.

Top scoring Proposer(s) may be asked to participate in an interview. The Proposer’s RFP NO. XX-XX-XXXX-PT
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original response cannot be changed in any aspect at the interview presentation.

Proposer(s) will be advised as to the time and place for such presentations, and they should be prepared to discuss all aspects of their response.

The primary desire of the City for this procurement is to ensure an award will be made based on the highest quality of service that best matches the City’s requirements using the Federal Transit Administration’s (FTA) approved Third Party Contracting Guidance (FTA C 4220.1F) “Best Value” methodology. Per FTA’s Third-Party Contracting Guidance, Best Practices Procurement Manual, “Best Value” is defined as follows:
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.

The Evaluation Committee will make a recommendation to award to the City Council, based upon the Evaluation Committee’s determination of the responsible Contractor whose proposal is most advantageous to Agencies participating in this bid. Interviews will be held at the sole discretion of Agencies participating in this bid.

The process for selection shall occur in the following sequence:
• Review Proposals
• Establish a “short list” of three or more firms.
• Interview “short-listed” firms (at the option and discretion of participating agencies)
• Conduct Best-and-Final Offer (BAFO) process as needed. • Identify the best qualified firm.
• Determine which, if any, alternates (alternate items/tasks correct) will be selected and negotiate a fee.
• Award contract.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. Members of this Committee are expected to participate, if possible, in any interviews to be conducted with selected proposers. The evaluation of proposals will be based on the following criteria and relative value established by the City. The City does not guarantee that an interview will take place, thus reserving the right to select a contractor based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

the project shall be required to be present for the interview.

Criteria & Weight of Criteria
The Technical Proposal is of greater importance than the Cost Proposal.

The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a contractor to fulfil the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Criteria Weight
Technical 30%
Proposed Management and Operations Plan 30%
Past Performance 20%
Proposed Technology 20%
Evaluation Criteria
Selected Evaluation Criteria within Content of Technical Proposal Technical (30%)
• Qualifications (20%)
o Experience with providing Public Transit Fixed Route Service of similar size and scope.
o Experience with operating and maintaining a fleet of similar size. o Capacity to perform contract requirements.
o Experience with current City owned equipment and ancillary vendors.
• Proposed Personnel (30%) (Listed in order of importance) o Qualifications and Experience of Proposed General Manager o Qualifications and Experience of Proposed Safety/Training Manager
o Qualifications and Experience of Proposed Operations Manager o Driver retention
o Recruiting, hiring, training, and retraining program for Drivers. o Organizational Chart detailing organizational structure and reporting relationships.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

• Transition Plan (10%) (Listed in order of importance) o Mobilization Plan & Schedule
o Facility move in plan.
o Recruitment/hiring plan.
o Tool and equipment assessment
o Handling of Environmental requirements and permits for operation. • Risks and Added Value Assessment (10%)
o Understanding of risks and mitigation
o Value added and innovation.
• Proposed Maintenance and Equipment Plan (30%) (Listed in order of importance)
o Proposed Bus Stop Sign and Shelter Cleaning Plan
o Proposed Bus Wash Plan and Interior Cleaning Plan
o Approach to Road Call Management
o Proposed preventative maintenance.
o Safety Record
o Proposed Warranty Plan
o Proposed Plan for intended utilization of the on-board video system from an operational perspective (i.e. operator training, improvement, and reinforcement)
RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

Management and Operations Plan (30%)
(Listed in order of importance)
• Proposed Approach and Methodology.
• Proposed Road Supervision Approach.
• Contractor’s experience with the FTA Uniform System of Accounts and with National Transit Database Reporting.
• Proposed Fare Collection Plan including equipment and training to be used for collection of fares, and proposed approach and experience with fare collection management.
• Proposed training program for maintenance personnel, vehicle operators, schedulers/dispatchers, and supervisors.
• Proposed Customer Service approach.
• Proposed Safety, Security and Risk Management Plan.
• Proposed Internal Communications Network, including methods of communicating instructions to supervisors and vehicle operators and the approach to routing/dispatching functions.

Past Performance (20%)
(Listed in order of importance)
• Applicability of Past Performance Reference.
• Overall services provided by the Contractor.
• Responsiveness of contractor in addressing and correcting problems. • Management Staff’s ability to meet the expectations and needs of PT. • Contractor’s Customer Service as provided by Bus Operator Staff. • Would you choose to renew a contract with this Contractor.

Technology (20%)
• Computer Assisted Dispatching (CAD) for fixed route, ADA paratransit, and ondemand services. • Automatic Vehicle Locating (AVL) for fixed route, ADA paratransit, and ondemand services.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

• Customer Relations Management (CRM) to manage customer complaints and complements.
• Integration with existing City technologies.
• Alignment with existing software providers used by neighboring transit agencies. • Ease of use by the end user (customer/rider).

Background Check
City reserves the right to conduct a background inquiry of selected proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry. Agencies request Proposer DUNS Number be provided within the Proposal submitted.

Award of Contract
The successful firm will be required to execute a contract with the City. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to the contractor prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

General Conditions
A. Important Notice
The City will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the City of Porterville Purchasing Division to determine if addendums were issued and to make such addendum a part of the proposal.

B. Contracting Agency
The contract resulting from this Request for Proposals for the City will be administered by the City of Porterville Transportation Department.

C. Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Contractor certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations applicable to contracts utilizing Federal funds.

D. Permits and Licenses
a. Business License
Possession of City Business License is not required to submit a proposal in response to this invitation. However, Contractor shall be required to possess, at his/her own expense, a valid and current City Business License, prior to commencing work. Fee is based on gross receipts for all business transactions in the jurisdiction in which they are conducting business.
b. Professional License
Contractor is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

c. Permits
Contractor shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state, or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

E. Indemnification and Insurance
Details on indemnification and insurance is provided within the SOW and Draft Agreement (Attachment C).

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

Examination of Contract Requirements and Acceptance of Proposal Content Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the Agencies participating in this bid, upon which the offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect or may at some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal.

The submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of Agencies and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in the cancellation of the award.

A. WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

B. REJECTION OF PROPOSALS
Failure to meet the requirements of the RFP may be cause for rejection of the proposal. The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

C. EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. This committee may consist of representatives of Agencies, members of the community, and may include a representative knowledgeable in public transportation services from outside of the community. In connection with its evaluation, the City, at its option, invite one or more proposers to make an oral presentation to the Selection Committee.

During these interviews, the proposers will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.

The award, if made, will be made within one hundred and eighty (180) days from the proposal’s closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. The proposer is an independent contractor, not an employee, agent, or officer at any of the proposed agencies.

2. The contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should the proposer be awarded a contract, the proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its contractors, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Proposer shall hold the City from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

D. PROTESTS/APPEALS
Because it is essential that Proposers have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Proposers the opportunity to appeal award of contracts.

Proposers should refer to the City’s Protest/Appeal policy which is included in their individual sections.

E. ASSIGNMENT OF CONTRACT
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon Agencies unless such assignment had prior written approval and consent of Agencies participating in the RFP. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.

F. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. ETHICS IN PUBLIC CONTRACTING
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

Prior to the award of any contract, the potential Contractor may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition of this contract.

More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

H. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Porterville laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.

RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

I. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. The venue for any litigation arising out of the contract will be vested in Tulare County, California.

J. PROPRIETARY INFORMATION
The proposals received shall become the property of the Agencies spelled out in this RFP and are subject to public disclosure. Proposal prices and information submitted by proposers will be made available to proposers after the City Council has approved the award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

K. INCURRING COSTS
The City of Porterville is not liable for any cost incurred by proposers in responding to this Request for Proposals.

L. FIREARMS PROHIBITED
Guns may not be carried by contractors/vendors/consultants while working on City premises without the expressed written approval of the City Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without the City’s permission, their contract will be terminated.

M. EXECUTIVE ORDER – RUSSIAN SANCTIONS
Executive Order N-6-22 – Russia Sanctions on March 4, 2022, Governor Gavin Newsom issued Executive Order N- 6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law.

By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, which shall be grounds for rejection of the Contractor’s RFP NO. XX-XX-XXXX-PT
Contract for Management, Operations and Maintenance of Agency Transit System

bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Item No. 9.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Sierra Valley TSM 2-2010 Extension
SOURCE: Community Development
BACKGROUND: The Sierra Valley Tentative Subdivision Map 2-2010 (tentative map) was approved on December 7, 2010, via adoption of Resolution 126-2010. The tentative map is generally located on the east side of North Main Street between Westfield Avenue and the southerly intersection of Highland Drive and Marshall Street. As a result of the series of map extensions approved by the California legislature (including Assembly Bills 208, 116, 1303, and 1561) and by the City Council (Resolution 03-2019) this map has received nine years and six months of extensions. Most recently, in 2022 the applicant requested to extend the life of the tentative map by 24 months, which extension was granted via Resolution 31-2022. The map is currently set to expire on July 15, 2024. Importantly, since the original approval of the tentative map, the City has adopted a new General Plan and approved a comprehensive revision of the zoning and subdivision ordinances, now known as the Development Code. Because the tentative map was not adopted as a vesting tentative map, any subsequent development of the mapped area will be held to the City’s new design and development standards.

COMMENT: The Sierra Valley Tentative Subdivision Map 2-2010 map has two years of extensions left under 66452.6(e) and is eligible for a map extension of 24 months.

ANALYSIS: The proposal meets the criteria of Government Code Section 66452.6(e).

The tentative map was previously evaluated for environmental concerns and the Council approved Resolution 125-2010. As no changes are proposed to the tentative map as approved, no further environmental review is required.

Approval of the time extension will allow the applicant an opportunity to keep the map active and be able to develop the subdivision. If the Council grants the two-year (or 24-month) extension, the tentative map will have exhausted the six years of discretionary extensions for which it was eligible under Government Code Section 66452.6(e).

ENVIRONMENTAL
REVIEW:

The Sierra Valley Tentative Subdivision Map 2-2010 was previously evaluated for environmental concerns and the Council approved Resolution 125-2010. As no changes are proposed to the tentative map as approved, no further environmental review is required.

Item No. 9.

RECOMMENDATION: That the City Council adopts the draft Resolution approving the 24-month map extension.

ATTACHMENTS: 1. Exhibit A - TSM Sierra Valley

2. Sierra Valley TSM Locator Map

3. Reso 125-2010_12-07-10

4. Reso 126-2010_12-07-10

5. Reso 03-2019_01-15-19

6. Reso 31-2022_05_03_22

7. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING OF A 24-MONTH EXTENSION OF TIME FOR THE SIERRA VALLEY TENTATIVE SUBDIVISION MAP 2-2010, THAT 22± ACRE SITE GENERALLY

LOCATED ON THE EAST SIDE OF NORTH MAIN STREET BETWEEN WESTFIELD

AVENUE AND THE SOUTHERLY INTERSECTION OF HIGHLAND DRIVE AND

MARSHALL STREET
WHEREAS: On December 7, 2010 the City Council of the City of Porterville adopted a Mitigated Negative Declaration of environmental impact for the Sierra Valley Tentative Subdivision Map 2-2010 (“Sierra Valley Tentative Map”) via resolution 125- 2010; and
WHEREAS: On December 7, 2010, the City Council of the City of Porterville approved the Sierra Valley Tentative Map via Resolution 126-2010, said map being valid for an initial period of twenty-four (24) months through December 7, 2012; and WHEREAS: Legislative extensions pursuant to Assembly Bills 208, 216, and 1303 extended the life of the Sierra Valley Tentative Map for a total of six (6) years of legislative extensions through December 7, 2018; and
WHEREAS: Government Code Section 66452.6(e) allows the City Council to grant discretionary extensions to the life of an approved tentative map for a period or periods not to exceed a total of six (6) years; and
WHEREAS: Pursuant to Government Code Section 66452.6(e) and acting on a timely submitted application, on January 15, 2019 the City Council of the City of Porterville approved a twenty-four (24)-month extension for the Sierra Valley Tentative Map via Resolution 03-2019, extending the map through January 15, 2021; and WHEREAS: Assembly Bill 1561 provided an automatic extension to the map of eighteen (18) months through July 15, 2022; and
WHEREAS: Pursuant to Government Code Section 66452.6(e) and acting on a timely submitted application, on May 3, 2022, the City Council of the City of Porterville approved a twenty-four (24)-month extension for the Sierra Valley Tentative Map via Resolution 31-2022, extending the map through July 15, 2024; and WHEREAS: Government Code Section 66452.26 allows the City Council to grant a discretionary extension of time, in addition to discretionary extension under Government Code Section 66452.6(e) and not to exceed 24 months, for an approved tentative map if the expiration date of said approved tentative map was extended pursuant to Government Code Section 66452.25 (AB 1303).

Resolution ___-2024

WHEREAS: Having previously received a total of four (4) years of discretionary extensions pursuant to Government Code Section 66452.6(e), the map is eligible for a total of two (2) years or twenty-four (24) months of additional extensions.

NOW, THEREFORE, BE IT RESOLVED: That the Porterville City Council does hereby approve a twenty-four (24)-month extension of time for Sierra Valley Tentative Map (“Exhibit A”) pursuant to Government Code Section 66452.6(e) and that the conditions specified in City Council Resolutions 125-2010 and 126-2010 shall remain in full force and effect except where and update to General Plan and Development Code would result in changes. Said extension of time shall commence July 15, 2024 and shall expire on July 15, 2026. The map has exhausted the total duration of extensions for which it was eligible pursuant to Section 66452.6(e).

PASSED, APPROVED AND ADOPTED this 16th day of April, 2024.

By:

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Second Water Connection - 1720 E Success Drive SOURCE: Community Development
BACKGROUND: The property at 1720 E. Success Drive (APN 263-190-025) is located in East Porterville, outside the city limits and within the city’s Urban Development Boundary. It is currently developed with a single-family residence. The property currently receives water via an Extraterritorial Service Agreement (ESA), as an emergency water service connection through the Department of Water Resources (DWR) Emergency Connection Project for East Porterville in which the property qualified as part of the East Porterville Feasibility Study Project Area. The ESA was approved on September 15, 2016. The application included an Irrevocable Agreement for Annexation (IAA #52-14) and a Deed Restriction for future development, which document was recorded at the Tulare County Recorder’s office as Record Number 2017-0061736 on October 6, 2017.

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 an accessory dwelling unit (ADU).

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”. Pursuant to Gov. Code Section 66310, et seq., the County is required to ministerially approve a proposed ADU. Correspondingly, the City is required to approve a water service to that ADU, if requested.

ENVIRONMENTAL
REVIEW:

On April 4, 2024, the Environmental Coordinator made a determination that the project is exempt from the California Environmental Quality Act (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:

Find that the project is exempt from the California Environmental Quality Act (CEQA) under (CEQA Guidelines §15268(b)(4)) and adopt the draft resolution approving the second water service connection.

Item No. 10.

ATTACHMENTS: 1. 1720 E Success Locator Map

2. 1720 E Success Dr -Site Plan

3. ESA 52-14

4. Recorded Agreement 52-14

5. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

SIT
E
P
L
A
N
D
A
T
E: 1
Martinez Drafting [email protected]
(559) 544-4856

INDEX OF SHEETS
1000 SF New Construction ADU
Location:
1720 E Success Dr. Porterville, CA 93257
APN: 263-190-025
2/2
8/2
4 1. SITE PLAN

2. FLOOR PLAN

3. ELEVATION

4. ELECTRICAL

5. PLUMBING

6. HVAC

7. ROOF PLAN

8. FRAMING ROOF

9. WALL FRAMING

10. BRACED WALL PLAN

11. FOUNDATION

12. FASTENING

13. SOLAR
TYPE CONSTRUCTION: VB
CODE AND SECTION TO REFLECT 2022 CRC
NOTES:
1 Changes from the approved plans during construction shall cause construction to be suspended until the plans can be amended by the designer and submitted to the Agency for review and approval [CRC R106.4]. 2 Street addressing is required. Include the suite number of the tenant space, if applicable. Address numerals, at least four inches high with minimum ½-inch stroke, mounted on a contrasting background clearly visible from the street [CBC 501.2]. 3 4
5 6
8 2 1 7
4' 3'
3'-1"
5'-0 1/2"
5'-5 1/2" 2'-3 1/2"
3'-2" 4' 4'
11'-2" 2'-3 1/2" 16'-8" 9'-4 1/2"
12'-1" 3'-4 1/2" 9'-6 1/2"
2 5'
4' 4' 4'-6" 3' 2' 4'-3" 4' 1'-4" 4'-11" 4' 4'
16'-5 1/2" 5'-3 1/2" 5'-4" 12'-11"
4' 4'
9'-6" 6'
1000 SQ FT
9'-0" X 9'-0"
15'-8" X 14'-8"
7'-10" X 9'-5" 8'-6" X 9'-5"
12'-5" X 11'-3"
10'-8" X 9'-0"

LIVING AREA

MASTER BEDROOM
BEDROOM 3 BEDROOM 2
LIVING

DINING KITCHEN

WINDOW SCHEDULE

NUMBER LABEL DESCRIPTION HEADER AREA (SQ FT)
1 3010LS LEFT SLIDING 4"X6"X40" 3
2 3010LS LEFT SLIDING 4"X6"X40" 3
3 4040LS LEFT SLIDING 4"X6"X52" 16
4 4040LS LEFT SLIDING 4"X6"X52" 16
5 4040LS LEFT SLIDING 4"X6"X52" 16
6 4040LS LEFT SLIDING 4"X6"X52" 16
7 4040LS LEFT SLIDING 4"X6"X52" 16
8 4040LS LEFT SLIDING 4"X6"X52" 16
TOTALS: 102

DOOR SCHEDULE

LABEL SIZE DESCRIPTION
2068 2068 L IN HINGED-DOOR P04
2468 2468 R IN HINGED-DOOR P04
2668 2668 R IN HINGED-DOOR P04
2668 2668 L IN HINGED-DOOR P04
3068 3068 R EX EXT. HINGED-DOOR E21
3568 3568 L IN SLIDER-DOOR P04
4068 4068 L IN SLIDER-DOOR P04
4468 4468 L/R 4 DR. BIFOLD-LOUVERED
4468 4468 L IN SLIDER-DOOR P04
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NOTES:
1 Provide shower curtain and water proof
finish up to 70 inches above the shower
drain
2 Exhaust fans to be humidistat controlled and
capable of providing a minimum of 50 CFM
3 Clothes dryer exhaust duct to be 4 inch
diameter with maximum of 14 foot run and
two 90-degree elbows. 4 Cook Stove exhaust hood must be vented to the exterior. The hood is to be installed per
manufacturer’s requirements with
clearances as required by the range/
cooktop manufacturer’s installation
instructions. 5 Windows at showers and tubs shall be
tempered if less than 60" above standing
surface. 6 Mechanical Equipment supported from the
ground shall rest on concrete or other
approved base extending not less than
three inches above the adjoining ground
surface. 7 Annular spaces around pipes, electric
cables, conduits or other openings in sole/
bottom plates at exterior walls shall be
protected against the passage of rodents
8 New water fixtures shall meet the following:
water closets 1.28 gallons/
flush,Showerheads 1.8 gpm @ 80 psi, Kitchen faucets 1.8 pm @ 60 psi, Residential lavatory faucets 1.2 gpm @ 60 psi max. and 0.8 gpm @ 20 psi min. 9 Provide 3'x3' landing at exterior doors 10 Habitable rooms adjacent to the garage
shall not be less than 5/8 type X gypsum
board or equivalent. 11 Wall Insulation to be R-21
12 Ceiling Insulation to be R-38
13 Below Deck Insulation to be R-19
Provide Grab Bar reinforcement as follows:

1. Reinforcement shall be solid lumber or other construction materials approved by the enforcing agency. 2. Reinforcement shall not be less than 2 by 8 inch (51 mm by 203 mm) nominal lumber. [11/2 inch by 71/4 inch (38 mm by 184 mm) actual dimension] or other construction material providing equal height and load capacity. 3. Reinforcement shall be located between 32 inches (812.8 mm) and 391/4 inches (997 mm) above the finished floor flush with the wall framing. 4. Water closet reinforcement shall be installed on both side walls of the fixture, or one side wall and the back wall. 5. Shower reinforcement shall be continuous where wall framing is provided.

Bottom of Wall 0' Top of Plate 8' 8' Highest Ridge 12.9' 4'-11" ELEVATIONS 3/16":1' SCALE: DATE: 3 Martinez Drafting [email protected] (559) 544-485 FRONT 6 RIGHT 4:12 Asphalt Shingle Roof 2-Coat stucco over EPS LEFT Note: Provide weep screed at all locations [CRC R702.6.2.1]. A minimum 0.019- inch (No. 26 galvanized sheet gage), corrosion-resistant weep screed with a minimum vertical attachment flange of 3-1/2 inches shall be provided at or below the foundation plate line on exterior stud walls in accordance with ASTM C926. The weep screed shall be placed not less than 4 inches above the earth or 2 inches above paved areas and be of a type that will allow trapped water to drain to the exterior of the building. The water-resistive barrier shall lap the attachment flange. The exterior lath shall cover and terminate on the attachment flange of the weep screed [CBC 2512.1.2 Weep screeds]. 30X22 ATTIC ACCESS GFCI WP GFCI WP GFCI GFCI GFCI GFCI GFCI GFCI GFCI GFCI GFCI VS VS VSVS VS 33 3 3 H SD SD SD CO/SD CD RA EP MASTER BEDROOM BEDROOM 2 BEDROOM 3 LIVING DINING KITCHEN ELECTRICAL SCHEDULE 2D SYMBOL DESCRIPTION CO/SMOKE DETECTOR CAGED LANTERN SCONCE DUPLEX ELECTRICAL PANEL / METER EXHAUST GFCI GFCI WP HOOD W/ VENT SINGLE POLE SMOKE DETECTOR 1 THREE WAY TRADITIONAL FLUSH DOME VACANCY SENSOR VANITY LIGHT DRYER 30 AMP RANGE 50 AMP CO/SD EPGFCI GFCI WP H SD3VS CDRA CO/SD EPGFCI GFCI WP H SD3VS CDRA ELECTRICAL NTS SCALE: DATE: 4 Martinez Drafting [email protected] (559) 544-4856 Notes: 1 New 225 amp service panel to be located by EDISON 2 Provide surge Protection At MSP per CEC 230.67 3 Outlets in bathrooms, kitchens, rooftops, outdoors, and garages shall be GFCI protected Outlets within 6 ft of tubs, showers, or sinks must be GFCI protected and readily Accessible. This includes outlets under the sink, dishwasher and garbage disposal. 4 outdoor circuit plugs 15/20A need to be gfci protected 1 front and 1 back or house. 5 All 15A and 20A outlets in kitchens, family rooms, dining rooms, living rooms, parlors, libraries, dens, sunrooms, recreation rooms, closets, hallways, laundry areas, or similar rooms shall be AFCI protected. 6 Provide 20 GFCI protected branch circuits in the garage having 1 outlet per parking space. 7 Dishwasher cannot be on the same circuit as the countertop plugs. 8 Provide at least 2 small appliance branch circuit for kitchen countertops. 2 breakers for kitchen countertops 9 All lighting must be high efficiency. If a light is not high efficacy it must be labeled in compliance with JA8 and shall be controlled by a vacancy sensor or dimmer switch. 10 All outdoor lighting shall be high efficacy and controlled by a photocell or motion sense 11 In bathrooms, laundry room, utility room, and garages. All lighting must be high efficacy and at least 1 luminaire must be operated by a vacancy sensor switch. 12 All bathroom fans shall be operated by a humidistat sensor switch. 13 Smoke detectors and carbon monoxide shall receive power from a 120v source with a battery backup. Smoke detectors shall be installed inside every sleeping area and outside each separate sleeping areas mounted on the ceiling or on the wall no lower than 12 inches from the ceiling. Smoke detectors also must be a minimum of 36 inch away from any AC return and a minimum of 24 inches away from any AC air supply. Carbon monoxide detectors shall be installed outside each separate sleeping area. All detectors shall be interconnected. 14 All 15 and 20 ampere, 125 and 250 Volt non locking-type receptacles shall be tamper- resistant receptacles. 15 Provide a dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit, within 3 feet from the water heater and accessible to the water heater with no obstructions. 16 Electrical receptacle outlets, switches and controls (including controls for heating, ventilation and air conditioning) intended to be used by occupants shall be located no more than 48 inches (1219.2 mm) measured from the top of the outlet box and not less than 15 inches (381 mm) measured from the bottom of the outlet box above the finish floor. 17 Doorbell buttons or controls, when installed, shall not exceed 48 inches (1219.2 mm) above exterior floor or landing, measured from the top of the doorbell button assembly. Where doorbell buttons integrated with other features are required to be installed above 48 inches (1219.2 mm) measured from the exterior floor or landing, a standard doorbell button or control shall also be provided at a height not exceeding 48 inches (1219.2 mm) above exterior floor or landing, measured from the top of the doorbell button or control 18 A dedicated 240 volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amps minimum.The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker marked as "For Future 240V use." Energy storage systems (ESS) ready. Provide the Following: 1. A subpanel with a dedicated raceway from the main service that supplies a minimum of four branch circuits. Branch circuits shall be identified and have their source of supply collocated at a single panelboard suitable to be supplied by the ESS. At least one circuit shall supply the refrigerator, one lighting circuit shall be located near the primary egress and at least one circuit shall supply a sleeping room receptacle outlet. 2. All branch circuits are permitted to be supplied by the main service panel prior to the installation of an ESS. The trade size of the raceway shall be not less than 1 inch. The panelboard that supplies the branch circuits (subpanel) must be labeled "Subpanel shall include all backed-up load circuits." 3. The main panelboard shall have a minimum busbar rating of 225 amps. and have sufficient space shall be reserved to allow future installation of a system isolation equipment/transfer switch within 3 feet of the main panelboard. Raceways shall be installed between the panelboard and the system isolation equipment/transfer switch location to allow the connection of backup power source. Electrical receptacle outlets, switches and controls (including controls for heating, ventilation and air conditioning) intended to be used by occupants shall be located no more than 48 inches (1219.2 mm) measured from the top of the outlet box and not less than 15 inches (381 mm) measured from the bottom of the outlet box above the finish floor.

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NOTES:

1. Waste lines to be ABS or PVC

2. Gas lines to be CSST or Black
Iron

3. Water lines to be Pex

4. Provide dedicated 3/4" supply to
water heater. 5. Drawing is schematic and may
be adjusted to accommodate
field conditions. 6. New water heater to be placed
in enclosure per manufacturers
recommendations

RETURN SUPPLY REGISTER

T THERMOSTAT
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1. Drawing is for reference only. HVAC system and ducting to be sized by contractor. 2. Condensate overflow to flow
into tailpiece of sink drains

3. Duct Test Required

4. Ducts insulation to be R-8 min

5. Provide dedicated 3/4" Gas line
for furnace

6. Package HVAC unit to be
located on the roof
4 : 12 4 : 12 4 : 12 4 : 12 ROOF PLAN 1/4"=1' SCALE: DATE: 1342 C Pearson St Porterville Ca, 93257 7 Martinez Drafting [email protected] (559) 544-4856 ROOF VENTILATION CALCULATION Roof ventilation shall be provided at the ratio of 1/300 per square foot of roof area 1243/300= 3.33x144= 480 square inches. Distribute 40-50% between ridge and soffit/ under eave Roof Vents to be Able Sheet Metal 22x13 NFA 69 sq. in. Eve vents to be Gibraltar Building Products 16.25 in. x 0.85 in. NFA 65 sq. in TR-4 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR-1 TR- ** TR-2 TR- ** 6' 25' 4' 40' Truss 24" o.c., Typ ROOF FRAMING 3/16"=1' SCALE: DATE: 1342 C Pearson St Porterville Ca, 93257 8 Martinez Drafting [email protected] (559) 544-4856 NOTES: 1. Lumber to be Douglas Fir #2 or better 2. Roof sheathing shall be 7/16 OSB or better 3. All Post and Beam connections shall be Simpson EPC or PC 4. Ceiling insulation to be R-38 5. Fastening shall be per CBC Table 602.3(1) 6. Truss plan is schematic, final design be manufacturer 7. Eves to be 18" 8. 2x4 collar ties in the top 1/3 of rafters, 4'o.c. 9. Roof vents to be locates within 3' of the ridge 10. 1/16” minimum, 1/4” maximum mesh at all vents, including continuous vents. 11. All truss manufacturers shall have an “In Plant” Inspection by an approved agency per CRC R106.1 12. Over hangs to be 1.5' 4' 3' 2'-4 1/2" 3'-2" 4' 4' 11'-2" 2'-3 1/2" 17'-2" 9'-4 1/2" 12'-1" 3'-4 1/2" 9'-6 1/2" 4' 11'-6" 5'-6" 25' 4' 4' 13'-9" 1' 9'-3" 4' 3'-6 1/2" 5 1/2" 16'-5 1/2" 5'-3 1/2" 5'-4" 12'-11" 2'-11" 2' 5' 4' 4'-1" 4'-8 1/2" 3'-1" 6' WALL FRAMING 3/16"=1' SCALE: DATE: 1342 C Pearson St Porterville Ca, 93257 9 Martinez Drafting [email protected] (559) 544-4856 NOTES: 1. Lumber to be Douglas Fir #2 or better 2. Roof sheathing shall be 7/16 OSB or better 3. All Post and Beam connections shall be Simpson EPC or PC 4. Ceiling insulation to be R-38 5. Bellow Deck insulation to be R-38 6. Fastening shall be per CBC Table 602.3(1) 7. All headers to be 4x6 unless otherwise noted B
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NOTES:

1. Provide Positive connection
between new and existing
walls

2. Braced Wall Line data
based on seismic design
category D and a wind
speed of 100mph or less
and in accordance with the
2019 california residential
code. 3. Wood Structural Panels
Sheathing (WSP) shall be
7/16 OSB and fastened with
6d common
nails(2.0”x0.113”), 6” o.c. Along edge, 12”o.c. in field per table R602.10.4

4. Gypsum board sheathing
shall be ½” and fastened
with 1.25” screws, type W or
S 7” along edge and in the
field per table
R602.10.4

5. All interior walls shall be
finished with ½” gypsum
board
FOUNDATION NTS SCALE: DATE: 11 Martinez Drafting [email protected] (559) 544-4856 10 F
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SOLAR SCALE: DATE: 14 Martinez Drafting [email protected] (559) 544-4856 ROOF ATTACHMENT MODULE ATTACHMENT S
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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 1720 E. SUCCESS DRIVE
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 1720 E. Success Dr. (APN 263-190-025) qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on September 15, 2016; and
WHEREAS: The ESA included an Irrevocable Agreement for Annexation, IAA # 52-14, and a Deed Restriction, which document was recorded at the Tulare County Recorder’s on October 6, 2017 as Record Number 2017-0061736; 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 approval of an accessory dwelling unit (ADU) is a ministerial action pursuant to Gov. Code Section 66310, et seq.; and WHEREAS: as the purveyor of domestic water in the area, the City of Porterville is obligated to provide a water service to said ADU if requested; 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. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

Resolution No. __-2024

PASSED, APPROVED AND ADOPTED this 16th day of April, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 11.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Renewal of Airport Lease Agreement Lot No. 34A SOURCE: Finance
COMMENT: Dustin H. Lessley is the current leaseholder of Lot No. 34A at the Porterville Municipal Airport. The current lease expires on May 31, 2024. The City has received a request from Dustin H. Lessley dated March 5, 2024, to renew the lease for a period of five (5) years. The lot is approximately 2,350 square feet in area and will rent for a rate of $0.392 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2025, and each January thereafter. The lease will begin on June 1, 2024, and expire on May 31, 2029. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the City and Dustin H. Lessley for Lot No. 34A at the Porterville Municipal Airport for a term of five (5) years.

ATTACHMENTS: 1. Letter of Request

2. Draft Lease Agreement

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the 19th day of March, 2024, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Dustin H. Lessley, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activitiesincidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 34A at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on June 1, 2024, both parties having executed the same, and shall terminate on May 31, 2029, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of 1 the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.392 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 2,350 square feet of land area, said rental rate will be $921.20 annually, payable in advance.

Beginning January 1, 2025, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.
2 5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water, sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be 3 incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the 4 demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policiesin the amount of not lessthan TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, 5 Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereofshall be 6 subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Dustin H. Lessley
1291 Fairview Ave
Tulare, CA 93274
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a 7 transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lendershall have the right at any time during the term of the loan and while this Lease isin full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter atsuch lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and allsecurity devices or instrumentsshall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and 8 abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recovershall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City 9 the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation ofsaid furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises asset forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by aCourt of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare 10 rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
11 Item No. 12.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Authorization of Out-of-State Travel
SOURCE: Fire
COMMENT: Staff requests that the City Council authorize out-of-state travel for Fire Department Captain Matt Doney to the International Fire Rescue Training Conference located in Stuttgart, Germany from May 3, 2024, through May 5, 2024. Captain Doney is 1 of 6 firefighters selected from the United States to travel to the conference in Germany for the purpose of demonstrating American firefighting tactics. In addition, Captain Doney was one of two firefighters selected to demonstrate American Truck operations. The I.F.R.T. is requesting the use of Porterville Fire equipment (turnouts) in order to represent the City of Porterville at the training conference. Captain Doney’s travel expenses would be paid for by International Fire and Rescue Training (I.F.R.T.) except for the luggage expenses for the fire equipment. The additional equipment with the Porterville Fire Department insignia will require luggage charges totaling no more than $250. Funds are available in the amount not to exceed $250 from the Fire Department's annual budget.

RECOMMENDATION: That the City Council:

1. Authorize out-of-state travel for Porterville Fire Department employee Matt Doney to the International Fire Rescue Training Conference; and

2. Approve up to $250 in anticipated travel expenses from the Fire Department's annual budget.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager
Item No. 13.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Approval of Community Civic Event - Sequoia Family Medical Center - Sequoia Arbor Day 5k Run/Walk and Health Fair - April 27, 2024 SOURCE: Finance
COMMENT: The Sequoia Family Medical Center is requesting approval to hold the "Sequoia Arbor Day 5k Run/Walk and Health Fair" on Saturday, April 27, 2024, from 8:00 AM to 12:00 PM, at the Tule River Parkway. The event will feature a noncompetitive 5k run or walk along the Tule River Parkway that will start at 9:00 AM. This event will also include information booths from several organizations that will be staged at the Jaye Street Park and Ride parking lot. The sponsor is requesting the use of the Tule River Parkway and Jaye Street Park and Ride parking lot from 6:00 AM to 1:00 PM for set-up before and cleanup after the event.

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. All requirements and restrictions are listed on the attached copy of the Agreement and Application, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Sequoia Family Medical Center to hold the Sequoia Arbor Day 5k Run/Walk and Health Fair on Saturday, April 27, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. 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

Item No. 14.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis Club - Mother's Day Food Trucks in the Park - May 4, 2024
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the “Mother’s Day Food Trucks in the Park” event on Saturday, May 4, 2024, from 10:00 AM to 6:00 PM at Veterans Park. This event is a club fundraiser and would include local food vendors/trucks, nonprofits, and craft vendors. An outside amplifier permit has been approved from 10:00 AM to 6:00 PM.

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 submitted by the Porterville Kiwanis Club to hold the "Mother's Day Food Trucks in the Park" event on May 4, 2024, at Veterans Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. Application and Agreement, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 15.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Approval of Community Civic Event - Comision Honorifica Mexicana Americana Inc - Annual Cinco de Mayo Celebration Parade and Fiesta - May 4- 5, 2024
SOURCE: Finance
COMMENT: Comision Honorifica Mexicana Americana, Inc. (CHMA) is requesting approval of its Community Civic Event Application for a permit to hold the Annual Cinco de Mayo Celebration on May 4, 2024, and May 5, 2024. The celebration will include a parade down Main Street on Saturday, May 4, 2024, from 10:00 AM to 12:00 PM, as well as a fiesta at Veterans Park on Sunday, May 5, 2024, from 10:00 AM to 7:00 PM.

With regard to the parade, CHMA is requesting the closure of the following streets:

Main Street and Second Street - from Morton Avenue to Olive Avenue Morton Avenue - from Main Street to Second Street
Harrison Avenue - from Hockett Street to Second Street
Thurman, Cleveland, Putnam, Mill, Oak, and Garden Avenues - from Division Street to Second Street
Olive Avenue - from Hockett Street to B Street
This request is submitted in accordance with 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. All 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 the Comision Honorifica Mexicana Americana, Inc. to hold the Annual Cinco de Mayo Celebration Parade and Fiesta on May 4 and 5, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Item No. 15.

Review By:

Department Director:

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

Requirements for Community Civic Event
Comision Honorifica Mexicana Americana, Inc.

Annual Cinco de Mayo Celebration
May 4 & 5, 2024
City Engineer:

D. Cervantez No comments.

Community Development Director: No comments.

C. Calderon
Public Works Director: No comments.

M. Knight

Fire Marshal: Please see Exhibit C.

C. Dignam

Parks and Leisure Services Director: May 4 – Refrain from being in Main St D. Moore planters May – 5 Non-event vehicles
to park in designated parking areas.

Police Lieutenant: Please see Exhibit B.

M. Acevedo

Administrative Service Director: Risk management: 1. A certificate of Y. Andrade insurance evidencing $2M in liability
coverage, naming the City as an
additional insured (with attached
endorsement page); 2. All bounce
house participants must have legal
guardian sign an acknowledge of
risk/waiver of liability releasing the City
from any and all claims.

Field Services Superintendent: We will take care of the trash set up.

B. Spry

Field Services Superintendent – Streets: Street department will set up and J. Baeza remove street closure. Street
department will also take care of the
street sweeping.

Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: Comision Honorifica Mexicana Americana, Inc.

Event: Annual Cinco de Mayo Celebration
Event Chairman: Roberto de la Rosa
Location: Downtown Main St and Veterans Park
Date of Event: Parade May 4, 2024 (10am-12pm)
Fiesta May 5, 2024 (10am-7pm)
RISK MANAGEMENT: Conditions of Approval
That the Comision Honorifica Mexicana Americana Inc provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less than A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 2

Item No. 16.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival Rescheduling - May 11, 2024
SOURCE: Finance
COMMENT: At its meeting on February 6, 2024, the City Council approved the Community Civic Event Application submitted by the Porterville Chamber of Commerce to hold the Spring Festival on Saturday, April 13, 2024. Due to rain being in the forecast for that day, the event organizers are requesting to change the date and reschedule the festival to Saturday, May 11, 2024, from 10:00 AM to 3:00 PM.

The same streets and sidewalks are requested to be closed from 5:00 AM to 5:00 PM. All other restrictions and requirements listed on the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C remain the same and are to be adhered to.

RECOMMENDATION: That the City Council approve the Porterville Chamber of Commerce's request to reschedule the Spring Festival to Saturday, May 11, 2024, subject to the restrictions and requirements contained in the Community Civic Event
Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

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

Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Trendy Bags 29135 Rio Verde Dr Santa Nella Ca 95322
/408 590 7715 yes
Handcrafted goods booth
Clay by Xena 5473 N Salinas Ave Apt. 237 Fresno Ca 93722 /559 831 1377 yes Handcrafted goods booth
Boetanicals 983 Ohio St Porterville Ca 93257
/559 544 9908 yes Handcrafted goods booth
David Herrera
Insurance &Investments/Guardian 8890 Cal Center Dr Sacramento Ca 95826 /559 483 0545 no Information Booth
Francesca Aragan Kayla Vargas CSET 312 3rd Ave Visalia Ca 93291 /559 741 4619
no
Information Booth
Laura Kaylor Valley Adult Day Services
227 E Oak Porterville Ca 93257
/559 783 9815 no Information Booth
Marie Cooke Porterville Storarge 167 W Poplar Ave Porterville Ca 93257 /559 784 7874 no Information Booth
Laura Schaub Cal.net 4101 Wild Chaparral Drive Shingle Spring Ca 95682 /530 672 1078 x123
no
Information Booth
MonaLisa Orduno Monalisa Doula &
Childbirth Educator 787 W Kanai Ave Porterville Ca 93257 /559 361 5336 no Information Booth
Brianne Devore
River Walk Care Center
1100 W Morton Porterville Ca 93257
/559 782 1509 no Information Booth
Jean Martins Americorps
@Central Valley Regional Center 5441 W Cypress Ave Visalia Ca 93277 /559 738 2207 no
Information Booth
Maria Macias Tulare County Federal
Credit Union
617 N Main St Porterville Ca 93257
/559 719 9948 no Information Booth
Letycia Baeza
Family HealthCare Center Network
323 W Putnam Ave Porterville Ca 93257
/559 667 3712 no
Information Booth
Tanner Mc Ferrin
Compassionate Care Home Health
and Hospice
7545 N Del Mar Fresno Ca 93711
/559 250 6089 no Information Booth
Cur'Neisha Osborne
Porterville College 100 College Ave Porterville Ca 93257 /559 791 2286
no
Information Booth
Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Maria Roman American Association of
University Women PO Boa 1001 Porterville Ca 93258
/559 920 3637 no Information Booth
Araceli Espinoza CASA of Tulare Co. 1146 N Chinoweth Visalia Ca /559 625 4007 no Information Booth
Ruben Soto Galaxy 9 Theatres 631 N Indiana Porterville Ca 93257 /559 781 7472 no
Information Booth
Yanet Fernandez Porterville
Developmental center
26501 Ave 140 Porterville Ca 93257
/559 782 2286 no Information Booth
Ruth Wardell Top of the Hill Jams 41513 Rd 40 Reedley Ca /559 901 0902 yes Handcrafted goods booth
Ismael Zambrano Pools Plus Store 1031 W North Grand Ave. Porterville Ca 93257 /559 784 6095 no Information Booth
Yuliana martinez Una Moon Jewelry 1137 W Putnam Unit B Porterville Ca 93257 /550 789 4258 yes Handcrafted goods booth
Richard Rodriguez The Ramrich 3043 Walnut Ave visalia Ca 93277 /559 786 0393 yes Handcrafted goods booth
Ivannia Lobo I Love Shop
8522 Wingjammer Dr Bakersfield Ca 93312
/559 755 4209 yes Handcrafted goods booth
James Ruvoto Missing Piece Apparel 1814 W Wall Ave Porterville Ca 93257 /559 359 2948 yes Handcrafted goods booth
JoAnn Rodriguez NFL Sportsigns 1235 W Woodward Fresno Ca 93706 /559 906 5481
yes Handcrafted goods booth
Liana Correa Lilly's Flower Creations 5447 W Lamona Ave Fresno Ca 93722 /559 931 4025 yes Handcrafted goods booth
Tammie Anderson
Tammies Unique Boutique 1508 Lowery Porterville Ca 93257 /559 202 5252 yes Handcrafted goods booth
Chris Cruz Urban Can 340 Park Place Porterville Ca 93257 /310 962 6547 yes Handcrafted goods booth
Gracie Rangel ReTell Handmade
Jewelry & upcycled clotheing 718 W Westfield Porterville Ca 93257 /559 310 1545
yes Handcrafted goods booth
Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Daniela Dela Cruz Artemisia Daniela 12528 Ave 406 Cutler Ca 93615 /559 406 6144 yes Handcrafted goods booth
Bobbie Cline BEAD Boutique 526 Quality Ave Sanger Ca 93657 /559 567 5555 yes
Handcrafted goods booth
Rocio Cardenas Ecovalley 534 N Maurer Porterville Ca 93257 /559 789 6389 yes Handcrafted goods booth
Russell Fletcher Danielle Elliot
Characters by Del 1949 W Olive #2389 Porterville Ca 92357 /559 333 5131 yes Handcrafted goods booth
Josephina Bermuda Bcrafty 328 S Harvard Ave. Apt. 90 Linsay Ca 93247 /559 756 0419 yes Handcrafted goods booth
Alicia Holm Square Colored Jewelry
12605 Highwinds Rd Ojai Ca 93023
/805 895 7819 yes Handcrafted goods booth
Grant Standridge G&D Creations 541 Harrison Cir Porterville Ca 93257 /559359 7298 yes Handcrafted goods booth
Nicole West Moo Moos Scents 25840 Ave 220 Linsay Ca
/559 756 5044 yes Handcrafted goods booth
Sonia Avelar Lobitas Moon Gems Handcrafted goods booth
206 Holt St Ventura Ca, 93001
/559 544 8775 yes
Cindy Rodriguez Cindy's Creations
LLC
441 Joan Ave Porterville Ca 93257
/559 483 0001 yes Handcrafted goods booth
Janar Piheiro Mom of Two Heathens
3023 Hoyt Pl Tuare Ca 93274
/559 920 0463 yes Handcrafted goods booth
Diana Mitchell D Rose Art 490 N Balmoral Dr Porterville Ca 93257 /559 350 9080 yes Handcrafted goods booth
Nicole Gamez Earthy Taurus By Nikki 768 East Grand Ave Porterville Ca 93257 /772 321 3088 yes Handcrafted goods booth
Nelly Barrientos A-Z 3D Creations Handcrafted goods booth 9404 Rd 248 Terra Baella Ca 93270 /661 748 6816 yes
Willie Gallegos Sno Shack Central Valley 2348 W Whitendale Ave Ste B Visalia Ca 93277 /559 799 1073
yes Food Booth
Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Andre Utomo Warung Mie 2615 W Buena Vista Ave. Visalia Ca 93291 /818 403 4870 yes Food Booth
Jimmy Katsatonis Filos Catering Inc
DBA The Goose Greek Gyros Pita Food Booth
15308 Mooney Ave Bakersfield Ca, 93314
//661 213 7246
yes
Maddy Cumming J&R Meat Co 24 S Cobb St Porterville Ca 93257 /559 781 3792 yes Food Booth
Elizabeth Martin El Tri Raspados LLC 17383 Millwood Dr. Visalia Ca 93292 /559 936 1629
yes
Food Booth
Gilrardo Leyva Paps Tornado 705 W Malone St Hanford Ca 93730 /559 724 2495 yes Food Booth
Omar Magana Stix Churoholics 1201 E Putnam Ave Portervile Ca 93257 /559 789 6766 yes Food Booth
Nerieda Verduzco
Baja Fish and Shrimp Tacos
1111 Patsy Dr Porterville Ca 93257
/559 350 3181 yes Food Booth
Sorroco Mercado KettleQueen 498 Dogwood Ct Tulare Ca 93274 /559 723 6484 yes Food Booth
Ana Cano Tropical Hut 2204 Hough Ave Tulare Ca 93274
/559 639 3235
yes Food Booth
Rosie Soto Rae's Dogs & Delights
2707 W Ashland Visalia Ca 93277
/559 310 0669 yes Food Booth
Taha Saleh Shop N Save Market 1206 W Westfield Ave Porterville Ca 93257 / 559 333 0478
yes Food Booth
Olivia Davis Olive U Designs 16361 Palomino Dr Springville Ca 93265 /559 784 4075
yes
Handcrafted goods booth
Maggie Salas Five Star Realty 208 N Main St Porterville Ca 93257/559 350 3421 yes Information Booth Ernesto Ramirez Anime Festival 333 Quince Ave Exeter Ca /559 403 6598 yes Handcrafted goods booth
Rozanne Limo Embroider This 298 Baxley St Porterville Ca 93257/559 359 2669 yes Handcrafted goods booth Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Roberta Hunter Teresa Lopez
Sequoia Christaian Academy 776 W Grand Ave Porterville Ca 93257/559 483 1077 yes Information Booth Gloria Valdes Kids 2 Dentist 1150 W Henderson Porterville Ca 93257/559 536 0697 yes Information Booth Humberto Cardenas Mezquie Nursery 19405 Ave 192 Strathmore Ca /559 568 0122yes Handcrafted goods booth Darren Cantral / Erika Zuniga
Porterville Cremation and Funeral 765 W Henderson Ave Porterville / 559 901 1603 yes Information Booth Joaquin Millan A Touch of Fantasy
4161 Huntington Blvd Fresno / 559 917 5259 yes Handcrafted goods booth Mariah Holmberg Christy's Diamond
Paintings 19315 Rd 248 Strathmore Ca /559 789 3309 yes Handcrafted goods booth Jennifer Easter Chic Array 719 Crawford Ave Porterville /559 310 7717 yes Handcrafted goods booth Deanna Garcia Unique Sterling Silver 1778 Silver Lake Place Tulare / 559 556 8828 yesHandcrafted goods booth Corey Castillo Jehovah's Wtnesses 1981 W Henderson Porterville /559 359 2446 yes Information Booth
Christina Tank C.O.P. Arts
Commission 291 N Main Porterville /559 782 7460 yes Information Booth Shawn Piccini Double Dippin 10267 Mast Blvd #127 Santee / 619 597 9775 yes Handcrafted goods booth
Isabella Racca Sugar Buzz 561 N Newman Rd Tipton Ca 93272 yes Handcrafted goods booth
Kelly Grove Bearylicious Fried Pies
and Cobblers 43119 Hot Springs Dr Hot Spring Ca /661 548 6247 yes Handcrafted goods booth David Yamasaki Untitled Body Art 5565 Peabody St Long Beach Ca / 562 505 5743 yes Handcrafted goods booth
Vikki Mitchell The Human Bean PO Box 1330 Templeton / 209 603 5015 yesInformation Booth Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Ron Killingsworth PSW 194 W Poplar Ave Porterville / 559 784 1399 yes Information Booth
Rocio Lepe Chavez Rocio's Bracelets &
Jewels 2610 W Caldwell Ave Visalia / 559 329 2673 yes
Handcrafted goods booth
Leslie Sainz Leslie Boutique 767 Desconso Bay St Tulare Ca / 424 200 1874 yes Handcrafted goods booth
Justin Lowry
Leaf Filter Gutter Protection 1595 Georgetown Rd Hudson Ohio / 800 726 7703 yes Information Booth Jennie Mc Nutt T&K Innovators 208 W Main St Visalia / 559 713 6008 yes Information Booth
Lydia Mangana Pin Palor/ trendy Bits 1815 Madalyn Ave Visalia /661 448 5154 yes Handcrafted goods booth Josh Baruck Haven 1 W Morton Portewrville / 310 367 9774 yes Information Booth
Nikki Simmerman
Mother Earths Gemz 125 N Main Portrville / 559 615 0299 yes Handcrafted goods booth Katie Taylor Beneficial State Bank 1436 Webster St Ste 300 Oakland / 925 788 0438 yes Information Booth Ken Kurts SJVC Porterville Campus 314 N Main St Porterville / 559 203 82005 yes Information Booth
Linda Hood
James M Gibson Iris Society 20924 Ave 152 Porterville /559 784 7446 yes Handcrafted goods booth
Willian Gardiner
WG Concessions The Lemonad Yard 37318 95th St East Littlerock Ca /661 816 0398 yes Food Booth Silvia Santilla Sweet Ride 2683 S Woodland Visalia / 559 909 8948 yes Food Booth
Scott Hunsaker
Main Sqeeze Lemonade 2624 Halladay Ave Bakersfield /661 496 3766 yes Food Booth Lita Domino Two Mada's Adobo Grill 33 W Putnam Porterville /559 784 2004 yes Food Booth Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Victor Lopez
Toppers Tuxedos& Wedding Services 718 high St Delano / 661 788 0911 yes Information Booth Edward Patterson Marler
OsteoStrong Porterville 1570 W Olive Porterville 559 235 1874 yes Information Booth Lilia Vanegas Livaj 431 W Wilson Ave Ridgecreat/ 314 702 0504 yes Handcrafted goods booth Qursha Clark
Porterville Breakfast Lions PO Box 772 Porterville /559 920 4830 yes Information Booth Kirk Richards
Richards Dippin Dots 969 Carolina Ave Clovis /559 387 8438 yes Food Booth
Dessa Thompson SETCO Porterville 2158 W Northgrand Ave Porterville / 559 350 1889
yes Information Booth
Lidia Tirado Main Street Evental Rental 98 Doris Porterville Ca 93257 /559 310 5688 yes Information Booth
Kristy Martin Night Owl Creative 33703 Bear Ln Springville Ca 93265 /559 310 6210 yes Handcrafted goods booth
Jay Starling COP Police Dept 350 North D St Porterville Ca 93257 /559 782 7408
no Information Booth
Rob Taylor Stafford's Chocolates
114 N Main St Porterville Ca 93257
/(559) 784-6640
no
Information Booth
Emamanuel Ramos Touchstone
19570 Ave 88 Terra Bella Ca 93270
/559 535 0110 no Information Booth
Melissa Martinez EECU 14 N Main St Porterville Ca 93257 /559 723 1219
Valeria Reyes Sierra View medical
Center
465 Putnam Ave Porterville Ca 93257
/559 788 6124
no
no
Information Booth
Information Booth
Nolan Meadnis
Skin and Cancer Institue
786 West Grand Ave Porterville Ca 93257
/559 715 2340 no Information Booth
Adam Roman/ Amy Rivas
Century 21 Jordan Link & Co 878 W Morton Ave Porterville Ca 93257 /559 781 1414
yes Information Booth
Spring Festival
Porterville Chamber of Commerce
Main St. (Olive to Morton) 4/13/24 10am to 3pm
Laura Robinson The Hidden Cottage 69 W Putnam Porterville Ca 93257 /559 381 6861 yes Handcrafted goods booth
Eddie Alvarado
Eddies Dog House Grooming
75 Nmain Porterville 93257
/559 544 7677
yes
Information Booth
Candy Lopez Kings View-Tulare County
Warmline
304 N Villa Porterville Ca 93257
/559 798 2844 yes Information Booth
Joseph Zenith
Zenith Advisors
377 W Fallbrook Suite 107 Fresno Ca 93711
/559 680 2250 yes Information Booth

Vendor exit AM/PM
Vendor exit AM/PM
Chili
Cook-Off
Stage #1
Beer
Garden Car Show
Requirements for Community Civic Event
Porterville Chamber of Commerce
Porterville Chamber Spring Festival
April 13, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

J. Ridenour
Public Works Director: No comments.

M. Knight

Fire Marshal: All spacing for tents, tarps and canopies C. Dignam shall comply with the attached
requirements for spacing. All booths
using electricity, preparing food, or
using a generator shall have at a
minimum a 2A:10B,C fire extinguisher
that is properly tagged for use. All
trailers shall be separated from the
towing vehicle and levelled. There shall
be a minimum of 12’ between units. All
food truck/trailers with a fixed
extinguisher system shall have a current
inspection tag on the system and the
required K series extinguisher, along
with the 2A:10B,C fire extinguisher.
please see Exhibit C.

Parks and Leisure Services Director: If electrical outlets are needed to be D. Moore used, contact staff at least 72 hours
prior to the event to coordinate outlet
locations. Vehicles to remain off the
Centennial Park grass.

Police Lieutenant: Please see Exhibit B.

M. Azevedo

Exhibit A, page 1
Deputy City Manager: Risk Management requires $2 million P. Hildreth per occurrence in commercial general
liability coverage, naming the City of
Porterville as an additional insured. The
certificate of insurance must have the
endorsement page.

Field Services Superintendent: Will take care of refuse service.

B. Spry

Field Services Superintendent – Streets: Will take care of barricades, set up and J. Baeza pick up.

Exhibit A, Page 2
Requirements for Community Civic Event
Sponsor: Porterville Chamber of Commerce
Event: Porterville Chamber Spring Festival
Event Chairman: Kristy Martin
Location: Downtown Porterville, Porterville CA
Date of Event: April 13, 2024 (10:00 a.m.-3:00 p.m.)
RISK MANAGEMENT: Conditions of Approval
That Porterville Chamber of Commerce provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less than A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 3
Exhibit B, Page 1

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Porterville Chamber Spring Festival
April 13, 2024—5:00 am-5:00 pm
Proposed Conditions/Requirements—Downtown Main Street
 City Council approval is required for all street closures.  On all streets approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.  If event organizers anticipate the need for removal of parked vehicles from public roadways related to the event, the affected public roadways must be posted with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. (Recommend event organizers contact Sgt. Jay Starling of the Porterville Police Department/Traffic Unit in order to ensure that signs meet the requirements as established by law or request additional assistance).
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  If event organizers anticipate the sales of alcoholic beverages during the event, they must first apply for and be granted a temporary license to sell alcohol from the CA Dept. of Alcoholic Beverage Control.
 Fencing or other suitable barriers shall be utilized for cordoning off the beer garden so as to monitor ingress/egress and to ensure the beer garden area is clearly marked. All points of ingress/egress to the beer garden will be monitored by event organizers and/or security to prevent underage admittance.
 Event organizers shall ensure only patrons wearing clearly displayed and authorized wristbands, as provided by event organizers, can purchase and consume alcoholic beverages.
 At no time shall alcoholic beverages be possessed or consumed outside the designated beer garden.
 An Outside Amplifier Permit has been approved and granted, however, event organizers shall not allow music to be played so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.

Exhibit B, Page 2
 At conclusion of event, event organizers shall ensure streets are promptly cleared of any vehicles, equipment, booths or anything that could present a hazard to pedestrians or vehicles traveling through this area.

Mark Azevedo, Lieutenant
Police Department

Porterville Chamber of Commerce
93 N. Main St., Suite A, Porterville, CA 93257
Various Chamber volunteers
Zenith Sounds (Joseph Zenith) - 844 E Weldon Ave, Fresno, CA 93704 Porterville Chamber Spring Festival
various types
Main St. (Centennial Plaza) and Garden St./Main
5/11/24 10:00am to 3:00pm
04/10/2024
04/10/2024
Item No. 17.

CITY COUNCIL AGENDA – APRIL 16, 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 April 2, 2024, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.

Chronology:

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

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

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

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

Item No. 17.

On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.

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

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

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

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with Item No. 17.
the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.

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

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).

On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.

Item No. 17.

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

On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.

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

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

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

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

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, Item No. 17.

July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).

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

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

2. Resolution No. 11-2023

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

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

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

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

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

10. City and County Memorandum of Understanding for
Shelter Support

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

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

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

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

16. Royal Restrooms Invoice: Mobile Shower-Restroom Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. 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: Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk Item No. 17.

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

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

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

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.

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

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

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

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

4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.

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

In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.

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

For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.

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

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

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

The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.

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

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

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

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

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

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

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

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.

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

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.

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

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

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

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

5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

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

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

IN WITNESS WHEREOF I hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

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

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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
1916
Wednesday, May 31, 2023 1713
Thursday, June 1, 20231917
Friday, June 2, 20231717
Saturday, June 3, 20231614
Sunday, June 4, 20232018
Monday, June 5, 2023 2016
Tuesday, June 6, 202322110
Wednesday, June 7, 2023 2319
Thursday, June 8, 2023 2217
Friday, June 9, 2023 221 10
Saturday, June 10, 20231516
Sunday, June 11, 2023 2619
Monday, June 12, 20231817
Tuesday, June 13, 2023 2414
Wednesday, June 14, 2023 2117
Thursday, June 15, 2023 2014
Friday, June 16, 2023 2816
Saturday, June 17, 2023 2017
Sunday, June 18, 2023 2414
Monday, June 19, 2023 2108
Tuesday, June 20, 2023 2806
Wednesday, June 21, 20232804
Thursday, June 22, 2023 2204
Friday, June 23, 20232704
Saturday, June 24, 2023 2604
Sunday, June 25, 2023 2403
Monday, June 26, 2023 2304
Tuesday, June 27, 2023 3005
Wednesday, June 28, 2023 26
06 Thursday, June 29, 2023 2705
Friday, June 30, 2023 2505
Saturday, July 1, 2023 2709
Sunday, July 2, 2023 2533
Monday, July 3, 2023 2433
Tuesday, July 4, 2023 2034
Wednesday, July 5, 2023 2826
Thursday, July 6, 2023 2825
Friday, July 7, 2023 2726
Saturday, July 8, 2023 2825
Sunday, July 9, 2023 3623
Monday, July 10, 2023 2823
Tuesday, July 11, 2023 3424
Wednesday, July 12, 2023 3522
Thursday, July 13, 2023 4727
Friday, July 14, 2023 2720
Saturday, July 15, 2023 2422
Sunday, July 16, 2023 2423
Monday, July 17, 2023 2621
Tuesday, July 18, 2023 2622
Wednesday, July 19, 2023 2121
Thursday, July 20, 2023 2121
Friday, July 21, 2023 2200
Saturday, July 22, 2023 2200
Sunday, July 23, 2023 2200
Monday, July 24, 20232100
Tuesday, July 25, 20232200
Wednesday, July 26, 20232000
Thursday, July 2
7, 20232700
Friday, July 28, 20232500
Saturday, July 29, 20232200
Sunday, July 30, 2023 2200
Monday, July 31, 20232400
Tuesday, August 1, 20232100
Wednesday, August 2, 2023 1900
Thursday, August 3, 2023 2000
Friday, August 4, 20231900
Saturday, August 5, 2023 2600
Sunday, August 6, 2023 2200
Monday, August 7, 2023 2000
Tuesday, August 8, 2023 2503
Wednesday, August 9, 2023 2303
Thursday, August 10, 2023 2003
Friday, August 11, 2023 2305
Saturday, August 12, 2023 2205
Sunday, August 13, 2023 2906
Monday, August 14, 20232505
Tuesday, August 15, 2023 2105
Wednesday, August 16, 2023 2306
Thursday, August 17, 2023 2305
Friday, August 18, 20232205
Saturday, August 19, 2023 2305
Sunday, August 20, 2023 2104
Monday, August 21, 20232505
Tuesday, August 22, 20232205
Wednesday, August 23, 2023 2705
Thursday, August 24, 2023 2205
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38
04 Wednesday, January 17, 20243304
Thursday, January 18, 2024 3304
Friday, January 19, 20253304
Saturday, January 20, 20243604
Sunday, January 21, 20243804
Monday, January 22, 20243614
Tuesday, January 23, 20243414
Wednesday, January 24, 20243214
Thursday, January 25, 20243814
Friday, January 26, 20253514
Saturday, January 27, 20243214
Sunday, January 28, 20243614
Monday, January 29, 20243414
Tuesday, January 30, 2024 4015
Wednesday, January 31, 20243615
Thursday, February 1, 20243615
Friday, February 2, 20243615
Saturday, February 3, 2024 2715
Sunday, February 4, 20243315
Monday, February 5, 2024 2915
Tuesday, February 6, 2024 3315
Wednesday, February 7, 20243715
Thursday, February 8, 2024 3415
Friday, February 9, 2024 3705
Saturday, February 10, 2024 3805
Sunday, February 11, 2024 3905
Monday, February 12, 2024 3505
Tuesday, February 13, 2024 3805
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
Saturday, February 17, 2024 40 0 5
Sunday, February 18, 2024 38 0 5
Monday, February 19, 2024 41 0 5
Tuesday, February 20, 2024 43 0 5
Wednesday, February 21, 2024 36 0 5
Thursday, February 22, 2024 39 0 5
Friday, February 23, 2024 36 0 5
Saturday, February 24, 2024 36 0 5
Sunday, February 25, 2024 38 0 5
Monday, February 26, 2024 37 0 5
Tuesday, February 27, 2024 41 0 5
Wednesday, February 28, 2024 41 0 9
Thursday, February 29, 2024 33 0 9
Friday, March 1, 2024 34 0 9
Saturday, March 2, 2024 33 0 9
Sunday, March 3, 2024 33 0 9
Monday, March 4, 2024 35 0 9
Tuesday, March 5, 2024 38 0 9
Wednesday, March 6, 2024 35 0 9
Thursday, March 7, 2024 36 0 9
Friday, March 8, 2024 37 0 9
Saturday, March 9, 2024 37 0 9
Sunday, March 10, 2024 41 0 9
Monday, March 11, 2024 41 0 9
Tuesday, March 12, 2024 42 0 9
Wednesday, March 13, 2024 40 0 9
Thursday, March 14, 2024 40
09 Friday, March 15, 2024 4209
Saturday, March 16, 20243909
Sunday, March 17, 2024 3909
Monday, March 18, 2024 4009
Tuesday, March 19, 2024 4209
Wednesday, March 20, 20243809
Thursday, March 21, 20243509
Friday, March 22, 2024 3709
Saturday, March 23, 2024 4209
Sunday, March 24, 20244209
Monday, March 25, 2024 4109
Tuesday, March 26, 2024 4109
Wednesday, March 27, 2024 4409
Thursday, March 28, 2024 4009
Friday, March 29, 2024 4509
Saturday, March 30, 20244609
Sunday, March 31, 2024 3409
Monday, April 1, 20244609
Tuesday, April 2 2024 3409
Wednesday, April 3, 2024 3809
Thursday, April 4, 20243809
Friday, April 5, 20243109
Saturday, April 6, 2024 2809
Sunday, April 7, 2024 3309
Monday, April 8, 2024 3809
Tuesday, April 9, 2024 4109
Wednesday, April 10, 2024 3909
Item No. 18.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Police Use of Military Equipment Annual Review (AB 481) SOURCE: Police
COMMENT: On September 30, 2021, Governor Newsom signed a series of police reform bills, including Assembly Bill 481 (AB 481), which states that the public has a right to know and participate in the decision-making processes related to the funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability, and oversight. AB 481 called for local agencies to give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input. At its meeting on May 2, 2023, as part of a Public Hearing, the City Council approved the items deemed to be military pursuant to AB 481. It should be noted that none of the items in the inventory of the Porterville Police Department (PPD) are from the United States Military (please see the attached Agenda Staff Report from the City Council Meeting of May 17, 2022, as Attachment 3). The legislation required that local law enforcement agencies, which seek to continue the use of military equipment acquired prior to January 1, 2022, accomplish the following which have been completed:

1. Draft a military equipment funding, acquisition, and use policy that describes each piece of military equipment and the authorized uses for each piece of equipment (Attachment 1);

2. Seek approval of the policy from their governing body by ordinance for the continued use of existing military equipment before acquiring new military equipment or seeking funds for equipment purposes; and

3. Make publicly available any proposed or final military equipment use policy, for as long as the military equipment is available for use, on the agency’s website.

In addition to the above requirements, AB 481 also requires, at least annually, that the law enforcement agency shall:

1. Prepare an annual military equipment report with at least one “wellpublicized and conveniently located community-engagement meeting” to allow for public discussion of the report; and

2. Present the policy for review, renewal, and approval at a Regular Meeting of the governing body. During this review, the governing body shall consider the Annual Report and determine whether each type of military equipment has Item No. 18.
complied with specified standards for approval.

The Porterville Police Department’s 2024 AB 481, Military Equipment Annual Report (Attachment 2) is being presented to meet the annual requirement.

AB 481 defines “military equipment” as follows and differentiates the equipment by category:
• Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles.
• Category 2: Mine-resistant, ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
• Category 3: High-mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
• Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6: Weaponized aircraft, vessels, or vehicles of any kind. • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
• Category 8: Firearms of .50-caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision. • Category 9: Ammunition of .50-caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision. • Category 10: Specialized firearms and ammunition of less than .50-caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50-caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency.
• Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.

Item No. 18.
• Category 12: “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
• Category 13: Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
• Category 14: The following projectile launch platforms and their associated munitions: 40 millimeter projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
• Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.

AB 481 does not prohibit law enforcement from obtaining and using the above equipment; rather, it creates a public process for obtaining approval of these types of equipment and their authorized uses. The Porterville Police Department (PPD) possesses equipment in eight of the fifteen categories listed.

See Attachment 2 for full descriptions.

Current PPD Equipment Meeting Military Equipment Designation:

The Department continues to carefully assess what equipment is needed to protect the public and Officers when resolving critical incidents, such as active shooter response, apprehending violent offenders, hostage rescue, and barricaded subjects, among others. Certain equipment is also beneficial in providing information and creating cover, distance, and time that help to improve the decision-making process during critical incidents. This allows responding Officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved.

In general, most of the equipment listed in the report is highly specific in its use and is not carried day to day. Items below may be used a few times a year, and their deployment requires departmental notifications. More information about the frequency of use for various types of equipment is provided in Attachment

2. Many of the items designated by AB 481 as military equipment have been in PPD’s equipment inventory for years. The Department's operating procedures and training program instruct staff in the proper use of this equipment.

Current Policies and Procedures for Equipment Purchase and Use:

PPD adheres to the City’s budget process and its purchasing policies and procedures when procuring its equipment.

The use of equipment is governed by PPD Policy No. 300, Use of Force and De-escalation Policy, Policy No. 303, Control Devices and Techniques, and Item No. 18.

PPD Policy 704 Military Equipment. In addition, the State of California Commission on Peace Officer Standards and Training (POST) establishes operational guidelines and training recommendations for certain equipment and tactics, and compliance with these guidelines is managed by the department’s designated subject matter experts.

All PPD policies and procedures that govern safe handling, storage, and qualifications related to specified equipment remain in effect. This includes, but is not limited to, California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials; and ATF oversight of Noise-Flash Diversionary Devices.

FISCAL IMPACT
The acquisition of new or replacement equipment or items meeting the reporting requirements of AB 481 is funded from the Department budget in accordance with the AB 481 Policy (Attachment 1) and the approval of the City Council. The AB 481 Military Equipment Annual Report (Attachment 2) has no direct fiscal impact.

AB 481 requires the law enforcement agency to prepare an annual military equipment report to include each use of military equipment, any complaints received, and any internal audits or other information about policy violations.

Further, AB 481 requires the report to be posted for public discussion and presented to the City Council for review, renewal, and approval annually.

RECOMMENDATION: That the City Council, per the requirements of Assembly Bill 481:

1. Allow public comment and questions concerning the annual report and the funding, acquisition, and use of the equipment;

2. Review and renew PPD Policy 704 – Military Equipment (Attachment 1);

3. Review the AB 481 Military Equipment Annual Report 2023 (Attachment 2); and

4. By opting not to modify or rescind, affirm Ordinance No. 1892.

ATTACHMENTS: 1. Policy 704 - Military Equipment

2. Annual Report (2024)

3. City Council Agenda Staff Report - May 17, 2022

4. Ordinance No. 1892
Appropriated/Funded:

Review By:

Department Director:

Item No. 18.

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

1 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Table of Contents
Executive Summary ......................................................................................................................... 2 Controlled Equipment Categories ................................................................................................... 3 Robot ......................................................................................................................................................... 4 Unmanned Aerial Vehicles ........................................................................................................................ 5 Armored Personnel Carrier, Vehicle with Entry Apparatus Attached ................................................. 7 Command and Control Vehicles ................................................................................................................ 8 Specialized Firearms ................................................................................................................................. 9 Noise Flash Diversionary Devices ............................................................................................................ 10 Tear Gas .................................................................................................................................................. 11 Projectile Launch Platforms and Associated Munitions ......................................................................... 14 Training Costs ................................................................................................................................. 16

2 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of controlled equipment.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled specified standards.

The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report are subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.

The format of this report was crafted in a manner that conforms to the statutorily required annual report pursuant to California Government Code section 7072(a) to include the following information:

1.) A summary of the military equipment uses and the purpose;

2.) A summary of any complaints or concerns concerning the military equipment;

3.) The results of any internal audits, information on any violations, and actions taken in response;

4.) The total annual cost for each type of equipment;

5.) The quantity possessed of each type of equipment;

6.) The intent to acquire additional equipment and quantity sought. ***Unless otherwise noted the funds for the equipment, staff costs, training costs, or costs for the use of the equipment, are from the approved existing budget. Tuition costs for outside training courses, even if included in the existing budget, will be noted in the total annual outside training cost section.

The Porterville Police equipment
is used to protect our community and is committed to maintaining our professional and responsive police services. As such, the Porterville Police Department has authored the following comprehensive Annual Controlled Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.
3 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Controlled Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items deemed "military" or more accurately defined as controlled equipment:
4 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Robotex Avatar transportable robot
Quantity: 1.

The Robotex Avatar is a remote-controlled robot, which operates on the ground and is utilized to enhance the safety of law enforcement personnel and the community. The Avatar enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel This equipment is for use during highrisk incidents. Incidents that may qualify for its use include, but are not limited to, a highrisk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and also if there are other subjects inside that need assistance.
b. Purpose:

To be used to remotely gain visual information, deliver CRT phone, and clear buildings, or for any other approved law enforcement purpose.
c. Authorized Use:

Only personnel who have completed the required department training shall be permitted to operate the robot. Use is established by the Incident Commander or SWAT Commander.

All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 312 Search and Seizure, PPD Policy 404 Special Weapons and Tactics, and PPD Policy 407 Hostage and Barricade Incidents.
d. Expected Lifespan:
8-10 years
Use Reporting 2023
The robot was not used in 2023.

Summary of Complaints or Concerns 2023:

No complaints or concerns were received.

Internal audits / Violations 2023:

The robot was checked monthly. No violations.

Total Annual Cost 2023:

None.

Intended Acquisition in 2024:

None.
5 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Unmanned Aerial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Unmanned Aerial Systems (UAS) are battery-powered, remote-operated unmanned aerial devices and the equipment used to control it. Remote controls allow operators to control the UAS and view the live feed from UAS-mounted cameras. The UASs have proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

1. DJI MAVIC 2 Enterprise Dual
Quantity: 2.

UAS can record color video as well as with thermal imaging and has approximately 30 minutes of flight time.

2. DJI MAVIC 2 Enterprise Zoom
Quantity: 2
UAS has a color and better zoom-capable camera. It can record video with approximately 40 minutes of flight time.

3. DJI Mini 2 Fly More
Quantity: 1
UAS with a smaller footprint and better capabilities of indoor reconnaissance during tactical deployments. Able to record video and audio with approximately 30 minutes of flight time.

4. DJI M30T
Quantity: 1
UAS that weighs approximately 8.3 pounds, and features a 640 x 512 px radiometric thermal camera with a 1280 x 1024 infrared super-resolution mode, along with 48 megapixel 1/2" CMOS zoom camera with 5x to 16x optical and 200x digital zoom, a 12-megapixel wide-angle camera, 8k photo 4K/30 fps video resolution, and a laser rangefinder which can give the precise coordinates of objects up to 1,200 meters away, flight time approximately 40 min. and can operate in harsh weather conditions such as rain and snow.

5. DJI Avata
Quantity: 1
UAS that weighs approximately 1 pound, features a 4K @ 30/50/60 FPS video resolution, is capable of capturing JPEG 4K photographs. UAS features built-in propeller guards for interior flights. UAS is operated by an FPV motion controller and headset for optimal control and visualization. UAS has an approximate flight time of 20 minutes and can operate in small confined areas effective for interior residence searches.
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. Major collision investigations and crime scenes.

2. Search for missing persons and rescue events.

3. Natural disaster management.
6 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023

4. Anytime a UAS would enhance public safety, improve operational safety, incident stabilization, or incident mitigation.

5. SWAT, tactical or other public safety, fire services, and life preservation missions.
c. Authorized Use:

Only assigned personnel who have completed the required department training shall be permitted to operate any UAS during approved missions. All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 312 Search and Seizure, and PPD Policy 604 Unmanned Aerial System (UAS) Operations.
d. Expected Lifespan:
3-5 years
Use Reporting 2023
Collectively the drones were used 128 times, which is a 9.4% increase from 2022. These 128 operational flights totaled 136.4 hours of flight time, which is a 70.5% increase in flight time from 2022. Of the 128 flights, there were several occasions that the uses occurred on the same incidents, with different UAV types. The UAVs were utilized for suspect searches, barricaded subjects, missing persons, high-risk search warrants, and even to assist in the emergency flood operations to monitor and track the erosion of the river banks of the Tule River.

During 2023, the UAV Unit participated in multiple programs to display the abilities of the UAVs.

Some of these programs included Leadership Porterville, the Jr. Police Academy, National Night Out, and the Spring Festival. During these presentations, the pilots conducted performance tests and flight demonstrations to display the abilities of the UAVs. The UAV pilots additionally participated in monthly training to maintain proficiency. These monthly trainings are tracked and documented but not considered as part of the 128 operational flights previously listed.

Summary of Complaints or Concerns 2023:

No complaints or concerns were received.

Internal audits / Violations 2023:

UAVs were inspected monthly during training. No violations noted.

Total annual Cost 2023:
$18,705.78 DJI M30T (Approved by Council April 2023).
$2,352.18 DJI Avata
$3,141.32 - Maintenance, software, registration, repairs, battery replacement, training, and pilot certification.
7 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2 & 3)
a. Description, quantity, capabilities, and purchase cost:

Lenco Armored Rescue Vehicle (ARV)
Quantity: 1
The ARV is based on a Ford F-550 Super Duty commercial truck chassis and Ford Triton engine. The vehicle has armored steel bodywork and ballistic glass. The ARV is designed to provide ballistic protection during tactical events and is designed to withstand multiple high-powered bullet strikes from small arms fire as well as low-level explosions. The ARV is equipped with emergency lights/sirens, spotlights, a hydraulic breaching apparatus, and a public address system.
b. Purpose:

The rescue vehicle would potentially be used in situations to facilitate rescue operations, conduct evacuations, provide emergency medical aid in dangerous environments, during rapidly evolving critical incidents having a potential of injury or death, and for high-risk preplanned events. opportunity for our officers to de-escalate incidents with potentially armed suspects or for other approved law enforcement purposes.
c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander, incident commander, or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 703 Vehicle Use. d. Expected Lifespan:
25 years
Use Reporting 2023
The city received our ARV in September of 2020. It was utilized at every SWAT deployment, which was 15 times throughout the year. The ARV was at the National Night Out and several community events for public relations purposes such as Leadership Porterville, National Night Out, and the Christmas Toy Drive.

The vehicle has also been used during SWAT trainings.

Summary of Complaints or Concerns 2023:

No complaints or concerns were received.

Internal audits / Violations 2023:

No violations
Total annual Cost 2023:
$2,215 was the annual maintenance to include a shock mount replacement, Diesel Particulate Filter maintenance, and regularly scheduled preventative maintenance appointments. 8 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Command and Control Vehicles (Category 5)
a. Description, quantity, and capabilities:

Quantity: 1
Aside from use as a command post for DUI Checkpoints, the mobile command center can also be utilized for other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose:

To be utilized for DUI checkpoints, critical incident callouts, as a temporary Emergency Operations Center, or a backup dispatch center, or for other approved law enforcement purposes.

Authorized Use:

The mobile command post can be used by staff who have been properly trained in the safe handling of the vehicle. All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 703 Vehicle Use.
c. Expected Lifespan:
20 years on chassis. Upgrades may be needed in 5-7 years to maintain IT systems.

Use Reporting 2022
The vehicle was used as an incident command center for all DUI checkpoints during 2023. The vehicle has been used during training exercises for SWAT, CRT, and the UAV team.

Summary of Complaints or Concerns 2023:

No complaints or concerns were received.

Internal audits / Violations 2023:

No violations
Total annual Cost 2023:

Annual maintenance cost of $672.35 which was in preventative maintenance appointments. 9 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capabilities, and purchase cost 1. The AR-15 is a lightweight, magazine-fed, gas-operated semi-automatic rifle capable of accurately stopping an armed subject at various distances including those that exceed the capabilities of a service pistol. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Colt AR-15/M4 (Barrel lengths varying from 10.3 to 16 inches
Quantity: 66
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use:

Only members who are POST-certified are authorized to use a rifle. All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 300 Use of Force, PPD Policy 306 Firearms.
d. Expected Lifespan:
15 years
Use Reporting 2023
The rifles were used during monthly range qualifications and SWAT training. The carbines were deployed on patrol and SWAT operations per policy but were not discharged.

Summary of Complaints or Concerns 2023:

No complaints or concerns were received.

Internal audits / Violations 2023:

No violations
Total annual Cost 2023:

No maintenance cost.

Intended Acquisition in 2024:

In 2023, the Porterville Police Department continued to work Sniper element of the SWAT team. The personnel were tested and selected and equipment is being researched for purchase. This overwatch element would deploy with bolt action precision rifles, which would enable the stopping of an armed subject at a safe distance. The rifle will need to be serviced or replaced when the rifle fails or breaks. Only SWAT operators who have completed a certified overwatch course are authorized to use these rifles.
10 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Noise Flash Diversionary Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Noise Flash Diversionary Devices (NFDD) is a non-fragmenting device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDDs are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

Quantity: 21
b. Purpose:

To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Diversionary Devices shall only be used by SWAT officers who have completed a POSTapproved 80-hour SWAT school and who have been trained in their proper use in the following circumstances:

1. Hostage and barricaded subject situations.

2. High- risk warrant (search/arrest) services where there may be extreme hazards to officers.

3. Other high-risk situations where their use would enhance officer safety or during training.

All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 300 Use of Force, PPD Policy 404 Special Weapons and Tactics d. Expected Lifespan:
5 years
Use Reporting 2023
NFDDs were deployed four times during SWAT operations. In addition, (4) NFDDs were deployed during training and/or instructor school.

Summary of Complaints or Concerns 2023:

No complaints or concerns were received.

Internal audits / Violations 2023:

No violations.

Total annual Cost 2023:

No annual cost other than the purchase of replacement devices after deployments.

Intended Acquisition in 2024:

Replacement of expended NFDDs.
11 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as are used by the Porterville Police Department as a non-lethal tool on barricaded suspects. The Porterville Police Department uses chemical agents that are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent that causes involuntary closure of eyes and respiratory inflammation.

1. The CM Spede-Heat CS Grenade is a high volume, continuous burn [device;] it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Quantity: 10

2. The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chance of fire to the structure.

Quantity: 6

3. The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand-thrown or launched from a fired delivery system.

The grenade is 6.5 in. by 2.7 in. and holds approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Quantity: 9

4. The Ferret® 37 mm OC Round is a frangible projectile filled with chemical agents.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travel at 650fps with an effective range of 50 yards.

Quantity: 14
12 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023

5. The Ferret® 37 mm CS Round is a frangible projectile filled with chemical agents.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travel at 650fps within an effective range of 50 yards.

Quantity: 4

6. The Ferret® 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin-stabilized utilizing barrel rifling. It is nonburning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboards, and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.

Quantity: 4

7. The CTS White Smoke 5210 Canister is a pyrotechnic smoke grenade used for concealment or as a signaling device.

Quantity: 2

8. The CTS White Smoke 8210 Canister is a small-diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched.

Quantity: 2
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

1.Self-destructive, dangerous and/or combative individuals.

2. Circumstances where a tactical advantage can be obtained.

3. Potentially vicious animals.

4. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use of chemical agents are authorized to use or supervise the use of chemical agents. All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 300 Use of Force, PPD Police 303 Control Devices and Techniques, PPD Policy 404 Special Weapons and Tactics, PPD Policy 407 Hostage and Barricade Incidents.
d. Expected Lifespan:
5 years
Use Reporting 2023
There were a total of three deployments of chemical agent munitions during SWAT operations.

Summary of Complaints or Concerns 2023:

No complaints or concerns received.
13 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Internal audits / Violations 2023:

No violations
Total annual Cost 2023:

None.

Intended Acquisition in 2024:

Replacement of expended munitions as necessary.
14 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Projectile Launch platforms and associated munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:

The 37mm/40mm less-Lethal launcher is a single-shot launcher, which allows the officer to assess after every spent munition. The Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. 1 . Penn Arms 37mm Multi Launcher is a tactical single-shot launcher that features a fixed butt stock and iron sites. It will fire a standard 37mm less lethal munition.

Quantity: 1
2 . Tru Flite 37mm super long-range gas gun single shot launcher features a hardwood stock with a rubber shoulder pad and rear sites.

Quantity: 1
3 . LMT Defense 40LMTS Single-Barrel 40mm Launcher is a tactical 40mm single shot launcher that features a folding stock and adjustable Integrated Front Grip (IFG) with a light rail. It will fire standard 40mm munitions.

Quantity: 1

4. Remington 870 Less Lethal Shotgun is used to deploy less lethal 12-gauge bean bag rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation.

Quantity: 2
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

By officers who have completed department training. Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

All other applicable PPD policies remain in effect, including, but not limited to, PPD Policy 300 Use of Force.
d. Expected Lifespan:
25 years
Use Reporting 2023
The 40 mm launchers were used only during training. The 40 mm launchers were deployed on patrol and SWAT operations per policy but were not discharged.

Summary of Complaints or Concerns 2023:

No complaints or concerns received.

Internal audits / Violations 2023:

No violations
15 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Total annual Cost 2023:

None
Intended Acquisition in 2024:

Replacement of expended training ammunition and upcoming training. 16 PORTERVILLE POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2023 Training Costs attend externally hosted training for 2023 was approximately $17,027.32. $851.32 - Tactical Medic Course (1 SWAT Team operator)
$2,181.35 Mission Planning (2 SWAT Team operators)
$8,754.92 - 80-hour Basic SWAT school (2 SWAT Team operators) $1,054.66 40-hour Tactical Team Leader Course (1 SWAT Team Leader) 1,811.35 40-hour SWAT Commander / Liability Course (1 SWAT Team Lieutenant) $801.72 Diversionary Device Instructor Course (1 SWAT Team Operator) $1,518.00 UAV Basic Pilot Course (3 UAV Operators)
$54.00 Remote Pilot Test Preparation Study Guides (2 books)

Item No. 19.

CITY COUNCIL AGENDA – APRIL 16, 2024
SUBJECT: Community Development Block Grant 2024/25 Action Plan SOURCE: Community Development
COMMENT: The U.S. Department of Housing and Urban Development (HUD) requires all Community Development Block Grant (CDBG) entitlement cities to prepare a three- or five-year Consolidated Plan. Porterville’s 2020 Five-Year Consolidated Plan was adopted by the City Council at its meeting on April 21, 2020, and subsequently submitted to and approved by HUD. This 2024/2025 Action Plan reflects the fifth-year investment plan within the scope of the Consolidated Plan. Action Plans are required to be submitted to HUD forty-five (45) days prior to the start of the program year.

The Action Plan (attachment as Exhibit A to the draft Resolution) identifies activities the City would undertake during the next year to address priority needs of lower-income households. Proposed activities are designed to benefit lower income households by maintaining affordable housing, achieving public housing improvements, removing barriers to affordable housing, evaluating and reducing lead-based hazards, reducing the number of households with incomes below the poverty line, improving job availability, enhancing the institutional structure to address the needs of lower income households, addressing obstacles to meeting underserved needs, and enhancing coordination between public and private housing and social service agencies.

The Action Plan presents ongoing and proposed CDBG funded programs for the Fiscal Year beginning July 1, 2024, through June 30, 2025. Staff used 2023 Entitlement Grant allocation amount of $739,428 to draft the budget for the Action Plan for a variety of programs and projects accompanied by program income generated by the First-Time Low-Income Home Buyer Program, the Owner-Occupied Housing Rehabilitation and Public Utility Program, and the Business Assistance Loan Program, as HUD has not published the 2024/25 award and included contingency language. This will allow for adjustments to be made between programs in the event that the award differs from last year's award.

On February 15, 2024, the first community meeting was held to bring recommendations and comments from the community before the CDBG Citizens’ Advisory and Housing Opportunity Committee (Committee). On February 29, 2024, the Committee held the first Public Hearing to consider the proposed projects for the 2024/2025 Action Plan. The Committee unanimously recommended approval of the proposed Action Plan. Public notices were published in both English and Spanish for the aforementioned Public Hearing.

Item No. 19.

A public notice was also published in both English and Spanish announcing the thirty (30) day comment and review period which ends April 16, 2024. No written comments were received from the public as of the writing of this staff report. However, any discussions that took place during the meetings are included in the Draft 2024/2025 Action Plan under AP-05 Section 5: Summary of Public Comments.

The table below provides an overview of the entitlement funding allocation as recommended by the Citizens Advisory and Housing Opportunity Committee on February 29, 2024.

Program Funding Recommendation
Administration $147,885.60
Navigation Center
Operations $65,000.00

CCFCC - HOP
Outreach $4,000.00
Case Management for
PSH-FSTC $15,000.00
LINC Services - KTHA $5,000.00
First-Time LowIncome Homebuyer $100,000.00
Homebuyer Education $1,805.00
Owner-Occupied
Housing Rehabilitation $100,000.00
Parks Improvement
Program $215,737.40
Business Assistance $65,000.00
Fair Housing Program $20,000.00
Total Funding $739,428.00
RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving the 2024/25 Action Plan; and

2. Direct staff to submit the 2024/25 Action Plan to HUD.

ATTACHMENTS: 1. Draft 2024-25 CDBG Action Plan

2. Draft Resolution
Appropriated/Funded:

Item No. 19.

Review By:

Department Director:

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

CITY OF PORTERVILLE

COMMUNITY DEVELOPMENT BLOCK GRANT
2024-2025 ANNUAL ACTION PLAN

ENTITLEMENT APPLICATION

FINAL DRAFT
APRIL 2024
(This 30-day comment public document has been updated to reflect public comments, outreach and survey results received up to April 5, 2024, when this agenda item was prepared. Any comments received during the public hearing or between April 6 to April 16, 2024, will be included in the final document submitted to HUD after the close of the 30-day public review and comment period and the second public hearing on April 16, 2024, during the normally scheduled City Council meeting) 2024/2025 CDBG Annual Action Plan 2
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Porterville (City) is an Entitlement Jurisdiction that receives federal funds from the U.S. Department of Housing and Urban Development (HUD) to invest in local communities. The City receives HUD funding under the Community Development Block Grant (CDBG) Program, which is designed to assist low- and moderate-income (LMI) households.

The primary objective of the CDBG program is to develop viable communities through the provision of decent housing, a suitable living environment, and expanded economic opportunities.

CDBG grantees are eligible to use the resources they receive for Planning and Administration, Public Services, Community and Economic Development, Capital Improvement Projects (CIP) Public Facilities/Infrastructure, and CIP Housing Rehabilitation. Planning and Administration costs include staffing, general management, oversight and coordination. Public Service projects provide social services and/or other direct support to individuals and households in need of assistance. Community and Economic Development projects are focused on assisting businesses and organizations with small business loans, and other initiatives. CIP Public Facilities/Infrastructure projects are those which aim to improve public facilities and infrastructure. CIP Housing Rehabilitation projects are for housing rehabilitation improvements of single and multi-unit housing. The City’s entitlement allocation has not been announced, so the budget is estimated based on last year’s award of $739,428. The award amount will be updated in this section once announced.

Additionally, a map of eligible block groups (Attachment 1 below: Map of Low-Mod Block Groups) is included to reflect the current eligible areas where CDBG funds can be used as of FY 2024/2025.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The Action Plan incorporates outcome measures identified in the Consolidated Plan. Activities are selected in accordance with the Federal Register Notice dated March 7, 2006, which require the following Performance Measure Objectives/Outcomes to be associated with each activity funded (Table AP 05_2 reflects the goals Name and Description):

General Objective Categories: Activities will meet one of the following:

Decent Housing (DH)
A Suitable Living Environment (SL)
Economic Opportunity (EO)
2024/2025 CDBG Annual Action Plan 3
Outcome Categories: Activities will meet one of the following:

Availability/Accessibility
Affordability
Sustainability
1 Goal Name Affordable Housing
Goal
Description
Public service activities for Low/Moderate Income Housing Benefit.

The City will continue to support programs that provide decent housing options for low-income households.
2 Goal Name Homelessness
Goal
Description
The City will continue to support programs for the homeless population. 3 Goal Name Strengthening Neighborhoods
Goal
Description
The City will improve public infrastructure and community services that will benefit residents.
4 Goal Name Economic Development
Goal
Description
The City will fund activities that contribute to the success of local Large, Small and Microenterprise businesses.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City is responsible for ensuring compliance with all rules and regulations associated with the CDBG entitlement grant programs. The City’s Annual Action Plans and Consolidated Annual Performance Reports (CAPER) have provided many details about the goals, projects, and programs completed by the City since 1982.

The City recognizes that the evaluation of past performance is critical to ensure the City and its sub-recipients are implementing activities effectively and that those activities align with the City’s overall strategies and goals. The production of programs and systems are evaluated with preparation of the CAPER as well as through monthly monitoring of program budgets, the processing of invoices from subrecipients and as projects are progressing. Additionally, public input is used when deciding to continue existing programs or to add new programs that better align with community needs. The public participation process provides insight into another tool used by the City to analyze its projects and define its goals. Goals for future projects were set in the 2020- 2024 Consolidated Plan, by evaluating the success of existing programs as well as the needs that exist in the community.

As a result of the evaluation of past performance, the City has completed substantial amendments as necessary and the following achievements, which can be found in the 2022-2023 CAPER online the City’s website (FY 23-24 is still underway):
2024/2025 CDBG Annual Action Plan 4
First Time Homebuyer Loan Program: The AP set a goal that at least one low-to-moderate income household would receive assistance. While one (1) low to moderate income household was assisted in PY 22/23, it was funded with CalHome program income. In 23/24 the goal has already been exceeded as two (2) loans have been funded.

Owner-Occupied Rehabilitation Loan Programs: A goal of four (4) low-to-moderate income households was established by the AP. There was one (1) rehabilitation loan funded in Program Year 2022.

There are two (2) active rehabilitation loan applications in progress at this time. Four (4) applications did not progress as two (2) households withdrew their application, one (1) was unresponsive and one (1) was over the 80% median income.

Homebuyer Education: The City made every effort to meet the goal of assisting sixty (60) low-to– moderate income households by continuing to offer Virtual Homebuyer Education classes. During the program year six (6) classes were held and forty-seven (47) households were assisted.

Case Management for Permanent Supportive Housing: Six (6) individuals received new or continued access to these services, all of whom have been housed while enrolled in the program. The goal of two persons assisted was met.

Parks Improvement Program: The Parks & Leisure Services Department worked diligently to bring new amenities to the parks. Recent accomplishments included the installation of 4'x8' concrete slabs for each of the nine (9) disc golf holes at both Zalud and Murry Parks. These pads will produce a much safer and more durable footing area for the patrons to throw discs from than the grass and dirt that they threw from previously. Additionally, forty (40) solar light posts were installed within two parks in Porterville; twentynine (29) lights were installed at Murry Park and eleven (11) lights were installed at Zalud Park. The lights illuminate previously unlit trails, fitness equipment and connectivity paths.

Business Assistance Program: The BAP accomplishments for 22/23 include one (1) CV loan in the amount of $50,000, which created two (2) full time equivalent positions made available to persons of low and moderate-income. In 23/24 one (1) micro loan has been funded, and a second is in progress.

Fair Housing: CSET continued its efforts to implement and market the fair housing education program via social media and community partner agencies. Activities included a total of eleven (11) presentations to the general public, provision of comprehensive Fair Housing information as requested, and a Pathway to Homeownership Fair at Veterans Park that was held in June. The goal of thirty (30) people assisted was achieved as eighty-eight (88) people were assisted during the 22/23 program year. An additional twentyeight (28) persons were reached at the housing fair, however demographic data was not collected.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. (This section will be updated after the final public hearing on 4/16/2024, to incorporate all comments and consultations.) To maximize participation in the preparation of the 2024/2025 Action Plan, the City held a community meeting on February 15, 2024, designed and administered a community needs survey, held a public hearing on February 29, 2024, and conducted outreach by email, social media, partner meetings and committee meetings. The purpose was to inform and seek input on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities, 2024/2025 CDBG Annual Action Plan 5
and actions for addressing those needs during FY 2024/2025. Views obtained during these meetings were considered for the final Action Plan.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Community Meeting February 15, 2024
Community feedback received during the community meeting and surveys prior to the first public hearing, was for continued support of existing programs and prioritization of funding for homelessness, affordable housing, strengthening neighborhoods and business assistance respectively. No public comments were made, however public support of existing programs was exhibited through an exercise where attendees were able to indicate where they think the City should prioritize it’s 24/25 CDBG funds.

CDBG Advisory and Housing Committee Meeting and Public Hearing February 29, 2024 Surveys responses received prior to the first public hearing favored continued support of existing programs, and identified a community need for programs in the categories of homelessness prevention, affordable housing, and strengthening neighborhoods.

The committee evaluated the proposed budget and use of funds at the meeting and made its final determinations for funding found in this document to be presented to the City Council at the second public hearing on April 16, 2024.
30-Day Public Review & Comment Period
Public comments received during the comment period will be included in this section Public Hearing April 16, 2024
Public comments received during this meeting will be included in this section.

Community Outreach
This section will be updated after the 2nd public hearing.

Survey Results
A Community Survey was distributed electronically at virtual meetings and in person meetings and outreach events referenced in the community outreach section above, via the survey link and publicized on social media. Paper copies were available at the public counter of City Hall, at community and partner meetings and events. A total of 176 survey responses were received, of which 24 were representatives of agencies, but some remained anonymous as to who they represented. A summary of those responses is included in Appendix 1.

Additional outreach and any additional public comments received during the 30-day comment period will be updated to this section prior to submission to HUD.

6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments rejected.
2024/2025 CDBG Annual Action Plan 6

7. Summary
The 2024/25 Action plan follows the established 2020-2024 Goals, and takes into account new comments from the Community Development Block Grant Advisory and Housing Opportunity Committee recommendation to City Council as well as any other public comments received during the development of the plan.
2024/2025 CDBG Annual Action Plan 7
Attachment 1
2024/2025 CDBG Annual Action Plan 8
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency PORTERVILLE Community Development
Department
CDBG Administrator PORTERVILLE Community Development
Department

Table 1 – Responsible Agencies
Narrative (optional)
The City of Porterville (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City's Department of Community Development is responsible for administering the funds it receives under the Community Development Block Grant (CDBG).

Consolidated Plan Public Contact Information
Community Development Department
Claudia Calderon
Acting Community Development Director
291 N. Main Street
Porterville, CA 93257
(559) 782-7460
2024/2025 CDBG Annual Action Plan 9
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City conducted a thorough outreach effort, consulting with stakeholders of the City to assess needs, set goals and strategize for implementing the Action Plan. It focused on engaging community residents, beneficiaries of entitlement funds, and stakeholders of the City. The City held a community meeting on February 15, 2024, to introduce the Annual Action Plan Planning process to members of the public and gather information regarding the community’s top priorities. The City of Porterville Community Development Block Grant (CDBG) Citizens’ Advisory and Housing Opportunity Committee held a public hearing on February 29, 2024, to obtain the views of citizens, public agencies, and other interested parties on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities and actions for addressing those needs during Fiscal Year 2024/25. The City also conducted a Community Survey to gather input from community residents and stakeholders of the City. The survey asked participants to identify the greatest needs and priorities in the City that could be addressed through entitlement funding programs and to provide feedback on the use of those funds and to comment on existing programs. The survey, as well as notice of the community meeting and public hearings were posted to the City’s social media accounts. Additionally, the City Council will hold a second public hearing at its meeting on April 16, 2024.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City reached out to a number of agencies, worked collaboratively with public officials, City departments, community residents, stakeholders, and beneficiaries of entitlement funds to seek input on the priorities and strategies included in this Action Plan and further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. A list of the agencies who were consulted, including how they participated, is included in Table 2.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Kings/Tulare County Continuum of Care (Alliance) is made up of a group of advocates, public agencies, homeless individuals, and service providers with the purpose of confronting the needs of the homeless population within the Kings and Tulare County regions. The City of Porterville continues to be an active participant in the monthly Alliance meetings, with the purpose of enhancing coordination between organizations, disseminating knowledge on best practices, and developing a stronger understanding of the needs of the homeless population within both counties. The Alliance also works to reduce duplication of such services and to improve service delivery to individuals experiencing homelessness. Furthermore, in adherence to the institutional delivery system, the City financially supports the Alliance, which is recognized as a 501(c)(3) organization of partners. The Alliance implements a coordinated entry and assessment system called Every Door Open, to serve both counties. The system’s purpose is to help at-risk or current homeless people by prioritizing the most vulnerable homeless people, including the chronically homeless, veterans, families with children, and unaccompanied minors, obtain necessary services. 2024/2025 CDBG Annual Action Plan 10
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant funds, however the City is a member of the local Continuum of Care and participates in the meetings when funding priorities are being set for ESG funds and provides comments on the process, rating and ranking, and outcomes of programs funded with ESG.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2 – Agencies, groups, organizations who participated 2024/2025 CDBG Annual Action Plan 11
1 Agency/Group/Organization Allstate
Agency/Group/Organization Type Services - Insurance
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of community survey and
invited to attend community
meeting and public hearings.
2 Agency/Group/Organization Alta Vista Elementary
School District
Agency/Group/Organization Type Services- Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
3 Agency/Group/Organization AMVETS
Agency/Group/Organization Type Services – Health, education and employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
4 Agency/Group/Organization Bank of the Sierra
Agency/Group/Organization Type Services- Financial
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
5 Agency/Group/Organization Burton Unified School
District
Agency/Group/Organization Type Services- Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
6 Agency/Group/Organization California Senate
Agency/Group/Organization Type Government – District
Representative
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2024/2025 CDBG Annual Action Plan 12
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
7 Agency/Group/Organization CASA
Agency/Group/Organization Type Services – Foster Youth
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
8 Agency/Group/Organization CDBG Advisory and
Housing Opportunity
Committee
Agency/Group/Organization Type Government - Committee
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of community survey and
invited to attend community
meeting and public hearings.
9 Agency/Group/Organization Central CA Legal Services
Agency/Group/Organization Type Services - Legal
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
10 Agency/Group/Organization Community Connect
Agency/Group/Organization Type Health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Employees were notified of
community survey and invited
to attend community meeting
and public hearings.

Additionally, specific
departments and division were
consulted as part of the AP
planning process.
11 Agency/Group/Organization City of Porterville
Agency/Group/Organization Type Local Government
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2024/2025 CDBG Annual Action Plan 13
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Employees were notified of
community survey and invited
to attend community meeting
and public hearings.

Additionally, specific
departments and division were
consulted as part of the AP
planning process.
12 Agency/Group/Organization Community Services
Employment Training
(CSET)
Agency/Group/Organization Type Services – Housing
Services-Elderly Persons
Services-homeless
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative completed a
survey to provide input to
help prioritize the City's
community needs and
attended the community
meeting.
13 Agency/Group/Organization Employment Connection
Agency/Group/Organization Type Services – Employment
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, and
invited to participate in the
survey.
14 Agency/Group/Organization Employment Development
Department
Agency/Group/Organization Type Services – Employment
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, and
invited to participate in the
survey.
15 Agency/Group/Organization Family Healthcare Network
Agency/Group/Organization Type Services – health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2024/2025 CDBG Annual Action Plan 14
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey. A representative
attended the community
meeting and the 1st Public
Hearing.
16 Agency/Group/Organization Finca Serena – Up Holdings

CA, LLC
Agency/Group/Organization Type Developer – Affordable
Housing
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
17 Agency/Group/Organization First American Title
Agency/Group/Organization Type Services- Title
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
18 Agency/Group/Organization Housing Authority of Tulare County
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Public Housing Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
A representative was
contacted by email to provide
updated information regarding
public housing for the 23/24
Action Plan and notified of
public hearings and invited to
attend.
19 Agency/Group/Organization Kings/Tulare Homeless
Alliance
Agency/Group/Organization Type Services-homeless
Services – Health, Children,
Housing, Domestic Violence,
Persons w/Disabilities,
Behavioral Health and Human
Services
2024/2025 CDBG Annual Action Plan 15
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families
with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings and
were invited to participate in
the survey. Members include:

Anthem Blue Cross,
AspiraNet, BAART
Programs, Central California
Family Crisis Center,
Homeless Outreach Project,
Community Connect, Family
Services of Tulare County,
Food Link of Tulare County,
Kings View, LOVE Inc.,
LINC Committee, Turning
Point of Central California,
Uplift Family Services, and
Westcare
20 Agency/Group/Organization Parenting Network
Agency/Group/Organization Type Services- children
Services- people with
disabilities
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
21 Agency/Group/Organization Porterville Area
Coordinating Council
(PACC)
Agency/Group/Organization Type Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearing and
invited to participate in the
survey.
22 Agency/Group/Organization Porterville Chamber of
Commerce
Agency/Group/Organization Type Economic Development
2024/2025 CDBG Annual Action Plan 16
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey. Member organization
Leadership Porterville was
also contacted.
23 Agency/Group/Organization Porterville College
Agency/Group/Organization Type Services- education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
24 Agency/Group/Organization Porterville Unified School District
Agency/Group/Organization Type Services- education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey. This includes a
representative from the
Porterville Adult School.
25 Agency/Group/Organization Proteus
Agency/Group/Organization Type Services- employment
Services- education
Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
26 Agency/Group/Organization Self-Help Enterprises
Agency/Group/Organization Type Services- Housing
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
27 Agency/Group/Organization Sequoia Family Medical
Center
Agency/Group/Organization Type Services- Health
2024/2025 CDBG Annual Action Plan 17
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
28 Agency/Group/Organization Sierra View Medical Center Agency/Group/Organization Type Services- Health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
29 Agency/Group/Organization Social Security
Administration
Agency/Group/Organization Type Other Government - Federal What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
30 Agency/Group/Organization Tulare County
Agency/Group/Organization Type Services-Education
Other government – County
Services – Legal
Services – Health
Health Agency
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey. This includes Tulare
County Early Childhood
Education, District 5
Supervisor, Tulare County
Public Defender, Tulare
County Health and Human
Services, and Tulare County
Mental Health
31 Agency/Group/Organization Tulare County Economic
Development Corporation
Agency/Group/Organization Type Economic Development
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2024/2025 CDBG Annual Action Plan 18
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
32 Agency/Group/Organization Tulare/Kings Hispanic
Chamber of Commerce
Agency/Group/Organization Type Economic Development
Services – Youth
Regulatory – Water
Services - Employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey. Members include:

CASA of Tulare County,
Eastern Tule Groundwater
Sustainability Agency, and
Workforce Investment Board
33 Agency/Group/Organization United Way of Tulare
County
Agency/Group/Organization Type Services – Health
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
34 Agency/Group/Organization Veteran Affairs
Agency/Group/Organization Type Services – Health, education and employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
35 Agency/Group/Organization Walmart DC
Agency/Group/Organization Type Community Service
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
36 Agency/Group/Organization Workforce Investment
Board of Tulare Co. (WIB)
2024/2025 CDBG Annual Action Plan 19
Agency/Group/Organization Type Economic Development
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
2024/2025 CDBG Annual Action Plan 20
Identify any Agency Types not consulted and provide rationale for not consulting The City reached out to a diverse group of agencies, groups, and organizations for consultation during the City’s outreach period. These groups were also asked to participate in the community needs survey as well as share the survey with other stakeholders. It is possible that members from these organizations participated in the community needs survey, but it cannot be for certain since the survey remained anonymous. Overall, the City did not intentionally exclude any organization from participating.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with
the goals of each plan?
Continuum of Care County of Tulare Connecting the Dots is a Ten-Year Plan to prevent and end homelessness in the Kings and Tulare County region. This effort is aligned with the Strategic Plans goal to support activities that prevent and end homelessness.

San Joaquin Valley
Fair Housing and
Equity Assessment
California
Coalition for
Rural Housing
The FHEA provides an overview of racial and economic
segregation patterns in the City and describes its impact on residential mobility. The report also includes a set of recommendations to promote integration in the City and
lessen the negative consequences generated as a result of segregation identified within the report. Both plans focus on supporting and promoting the creation of affordable
housing opportunities for LMI and special needs
households.

City of Porterville
Housing Element
City of
Porterville
The Housing Element (HE) identifies the housing needs of the community, goals, and objectives to address those
needs, and outlines the community efforts to pursue specific policies and programs to achieve its goals and objectives.

The Strategic Plan supports the Housing Element’s plan to ensure that there is an adequate supply of affordable housing to meet the current and future needs of the population. The City is currently in the process of updating its HE.

Regional
Transportation Plan
and Sustainable
Communities
Strategy
Tulare County
Association of
Governments
(TCAG)
Transportation and access to services is critical for LMI households. This plan considers both land use and
transportation together in a single, integrated planning process that accommodates regional housing needs and
projected growth. This aligns with promoting the creation of affordable housing opportunities for LMI and special needs households.
6th Cycle Regional
Housing Needs Plan
for Tulare County
Tulare County
Association of
Governments
(TCAG)
This plan ensures that affordable housing is equitably
distributed throughout the region. RHNA is a statemandated process to identify the number of housing units that each local government must accommodate in the
Housing Element of its General Plan (Government Code
§65584) to ensure that there is an adequate supply of
affordable housing to meet the current and further needs of the population.
2024/2025 CDBG Annual Action Plan 21
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with
the goals of each plan?
Pathway Home:

Responding to
Homelessness in
Tulare
Tulare County
Taskforce on
Homelessness
This plan is a regional effort intended to identify, develop, and implement innovative strategies to addressing
homelessness in Tulare County. This effort builds upon the Continuum of Care plan that supports activities that prevent and end homelessness.

Local Homeless
Action Plan
Local Homeless
Action Plan
This plan is a regional effort intended keep local agencies informed of funding and activity as it pertains to addressing homelessness county-wide.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
Many organizations were consulted at community meetings, public hearings or by email to engage them in providing feedback. The survey link was also sent and asked to be shared amongst their constituents. Comments are accepted as anonymous to encourage participation. 2024/2025 Annual Action Plan 22
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting To maximize participation in the preparation of the 2024/25 Action Plan, the City held a community meeting, designed and administered a community needs survey, held two public hearings, and conducted outreach by email, social media and electronic outreach. Additionally, announcements were made at the City’s first-time homebuyer education classes and at partner meetings to inform attendees of the AP process and how they could participate. The purpose was to bring awareness and seek input on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities, and actions for addressing those needs during FY 2024/25. Views obtained during these hearings were considered for the final Action Plan.

Citizen Participation Outreach
Sort
Order
Mode
of Out
-reach
Target of O
utreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
1 Public Meeting Nontargeted/broad community
An Action Plan community
meeting held on February 15,
2024. 12 Participants
attended.

No comments were
received.

No
comments
were rejected
at the public
meeting.
2 Public Hearing Non-targeted/broad community
1st public hearing (February
29, 2024) there were 5 CDBG
Advisory Board Members
and 5 City of Porterville staff
members.
2nd public hearing (April 16,
2024) during a regular City
Council Meeting. Public
attendance consisted of __
viewers on YouTube, __ via
Zoom, and __ in person,
inclusive of City Council and
City staff in attendance. *Will
be updated following meeting.
1st Public hearing
comment
summary: The
Committee
was presented with
community feedback
from the community
meeting and survey, and
they discussed
continuation of current
programs as well as
funding allocations.
2nd Public hearing
comments will be
updated after it takes
place
No
comments
were rejected
at the
1st public
hearing.
2024/2025 Annual Action Plan 23
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
3 Newspaper Ad Minorities, Non-English Speaking (Spanish), Non-targeted/broad community A total of 4 newspaper ads
were sent to notify the public
about public hearings and
community meetings, which
included a timeline for
Action Plan development; 2
in English and 2 in
Spanish.

Comments will be
updated if any are
received.

No
comments
were
rejected.
4 Internet Outreach Non-targeted/broad community
Internet outreach was done
by email, City webpage, City
e-newsletter and social media
posts on Parks & Leisure
Services, Porterville Library,
cityofporterville_ca, and
Choose Porterville pages.

The community survey was
also made available online.

The total number of
people/entities reached will
be updated at the end of the
30 day comment period.

A total of 176 survey
responses were received
(online and by print) and
a summary of those
responses are included in
Appendix 1.

No
comments
were
rejected.
5 Printed Materials Minorities, Non-English Speaking (Spanish), Nontargeted/broad community A paper copy of the survey in
Spanish and English was
available at the public
counter at City Hall, as well
as a copy of the 30-day draft
Action Plan for public
review. Flyers about
meetings and comment
period were also posted.

No comments were
received.

No
comments
were
rejected.
2024/2025 Annual Action Plan 24
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
6 Partner meetings Non-targeted/broad community
Announcements regarding
the Action Plan were made at
the following virtual
meetings held by partner
agencies: Tulare County
Taskforce on Homelessness,
Kings/Tulare Homeless
Alliance, Community
Collaborative meeting, and
Tulare Kings Hispanic
Chamber of Commerce.
*Will be updated in Final
Draft with additional
agencies.

Survey links were shared
for participants of the
meeting to participate as
well as dates for
community meetings,
public hearings and 30-
day comment period. No
comments were received.

No
comments
were
rejected.
7 Community Event Nontargeted/broad community
Staff will conduct community
outreach at the Bike Rodeo
on April 5, 2024 and Spring
Festival on April 13, 2024.

No comments were
received.

No
comments
were
rejected.

Table 4 – Citizen Participation Outreach
2024/2025 Annual Action Plan 25
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City anticipates an annual entitlement of $739,428 per year over the five-year period. While preparing the budget for the coming program year, staff reviews all outstanding balances on revolving loan funds such as the Business Assistance Program, the First Time Homebuyer Assistance Program and the Housing Rehabilitation Loan Program. Expected monthly payments from those outstanding balances are then calculated and projected for the next program year, including any new deferred loans that may now be entering into a repayment status. The program income received could be less or more than the estimated amount dependent on program participants making their payments on time or if any pay ahead of schedule.

Additionally, of that program income (PI) expected, up to 20% is allocated to Administration for the time spent in loan servicing. That 20% is also an estimate included in the total admin, that is attached to the PI and only available if that PI is generated, therefore the City will remain below the total 20% admin cap as without the generated PI, that additional admin allocation will place the city at 20.97%, resulting in noncompliance. Therefore, if the grant is $739,428 the max Admin cap is $147,885.60, if the estimated PI of $31,560 is added, then 20% of the new total, (770,988) is $154,197.60. If no PI is received, then there is not PI to reserve 20% for admin, and therefore not new admin is allocated to the fund since there is no PI.

Another measure taken to ensure admin expenditures are not exceeding the 20% cap, is through the bimonthly monitoring of the budget, when staff time sheets are prepared.

Anticipated Resources
P
r
o
g
r
a
m
Source
of
Funds
Uses of Funds Expected Amount Available Year 4 of Con Plan Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation: $
Program
Income: $
Prior Year
Resources: $
Total:
$
C
D
B
G
public - federal
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services 739,428 37,872 1,070,174 1,847,474 1,847,474
CDBG funds will
be used for public
improvements,
economic
development, and
public services that
benefit low income
and special needs
households.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Porterville is proactive in prioritizing the needs of the community. Staff continues to dedicate time, collaborating with non-profit agencies through the Kings/Tulare Continuum of Care whose main target is to house homeless individuals. The City uses a $15,000 in CDBG funds to contribute to the hiring 2024/2025 Annual Action Plan 26
of a case manager for the Permanent Supportive Housing (PSH) Program administered by the Family Services of Tulare County. When available, funds will also be allocated to the Kings/Tulare Homeless Alliance to continue the efforts to end homelessness. The staff works closely with local non-profit agencies using an active referral system where a pool of resources is made available to those in need. City staff continuously promote the housing programs through various methods as well as within several faith-based organizations. When possible, the City uses state funding, such as HOME, CalHome and PLHA in conjunction with CDBG funds to create safe and suitable living environments for the low- and moderateincome members of the Porterville community.

Leverage, in the context of entitlement funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s HUD Programs. HUD, like many other federal agencies, encourages the recipients of federal monies to demonstrate that efforts are being made to leverage additional funds in order to achieve higher results strategically. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes. Funds will be leveraged if financial commitments toward the costs of a project from a source other than the originating HUD program are documented.

As previously discussed, in addition to its annual CDBG entitlement, the City anticipates HOME Investment Partnerships Program (HOME) funds will be available to meet the goals of the Consolidated Plan. HOME funding is intended to be used for various housing-related programs and activities. HOME funds are generally used to address the housing needs of jurisdictions through the preservation or creation of affordable housing. New construction, housing rehabilitation, assistance to homebuyers, and tenantbased rental assistance are all eligible uses of HOME funds. The City’s HOME dollars come from program income or State grants. Although currently on hold at the Federal level, due to review of its First Time Homebuyer Guidelines, for FY 24/25 the city anticipates that it will have available approximately $1.3 million in program income once the hold is released. These funds will be used to meet affordable housing needs. HOME PI is a result of payments received by the City for First Time Homebuyer Loans made in the past with State HOME grants. The First Time Homebuyer Loan Program will be allocated new CDBG Entitlement funds in the amount of $100,000 to ensure funding is available until the time HOME funds are no longer on hold. There is an anticipated $6,360 New PI from debt repayment of home loans that will be returned to the RL fund to continue to operate the CDBG FTHB loan program. Remaining carryover on 6/30/2025 or PI for PY 24/25 shall remain and be added to the RL fund to continue the First Time Homebuyer Loan Program.

Additionally, the City leverages its Permanent Local Housing Allocation (PLHA) funds, which is estimated at $2,056,524.00 over five years (2019-2023) for the eligible activity 6 which is defined as, “Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.” If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
During Fiscal Year 2014-2015, the City acquired a property located at the corner of Olive Avenue and Main Street in downtown Porterville. The property was the former site of the Porterville Hotel; a fire destroyed the abandoned building, and the land was vacant. In 2018, the City sold the property to a developer willing to create new retail and office space in the downtown business corridor. Construction was concluded in June of 2020. The three-story building is now home to the offices of the Tulare County Public Defender and District Attorney, with additional retail space available. The outcome of the project is retail 2024/2025 Annual Action Plan 27
opportunities, job creation, and elimination of slum and blight.

The City also owns approximately ten (10) acres of undeveloped property located at the Jaye Street Industrial Complex. These properties are marketed in cooperation with the Tulare County EDC for the recruitment of manufacturing and industrial uses to Porterville. The desired outcome of these projects is job creation.

The City acquired property located at 140 S. C St, in downtown Porterville from the Porterville Unified School District and is currently leasing the property to Kings View for the operation of the Porterville Navigation Center, which offers emergency and bridge housing as well as a service Navigation Center for unhoused individuals. The bridge housing can lead to permanent housing offered by other programs mentioned in the Discussion section below.

Discussion
Below is a list of potential financial resources that are considered a part of the City’s overall financial plan to address priority needs and specific objectives identified in the Consolidated Plan. The number and availability of these programs to assist cities are limited, and funding for new projects is unpredictable. The following programs are local, state, and federal programs. None of these are managed locally by the City through funds accessed directly from HUD:
 Housing Authority of Tulare County (HATC): HATC is a public housing authority with jurisdiction within the City and the County. It administers federal and state funds for its public housing projects and government-assisted housing units, such as the Section 8 Housing Choice Voucher Program and Veterans Affairs Supportive Housing (VASH) vouchers.  Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years. Tax credits may also be utilized on rehabilitation projects, contributing to the preservation program. The program begins when developers and investors apply for an allocation of tax credits from the California Tax Credit Allocation Committee (CTCAC). Tax credits are awarded on a competitive basis at varying times. Compliance is monitored according to the Internal Revenue Service (IRS) rules and regulations.
 Multi-Family Housing Program: If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.
2024/2025 Annual Action Plan 28
Annual Goals and Objectives
AP-20 Annual Goals and Objectives Goals Summary Information Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable
Housing
2020 2024 Affordable
Housing
Citywide Affordable
Housing
CDBG: $799,763 Public service activities other than
Low/Moderate Income Housing Benefit: 90 Persons Assisted Homeowner Housing Rehabilitated: 4 Household Housing Unit Direct Financial Assistance to Homebuyers: 1 Household Assisted 2 Homelessness 2020 2024 Homeless Citywide Homeless
Shelters and/or Services
CDBG: $100,000 Public service activities other than
Low/Moderate Income Housing Benefit: 300 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 2 Household Assisted 3 Strengthening
Neighborhoods
2020 2024 NonHomeless
Special Needs Non-Housing Community Development
Citywide Infrastructure
Improvements Neighborhood Services, Community Services
CDBG: $806,630 Public Facility or Infrastructure
Activities other than Low/Moderate Income Housing Benefit: 168,325 Persons Assisted Public service activities other than Low/Moderate Income Housing Benefit: 0 Persons Assisted Other: 1 4 Economic
Development
2020 2024 Non-Housing
Community Development
Citywide Job Creation/
Retention Programs
CDBG: $141,081 Businesses assisted: 5 Businesses
Assisted
Table 6 – Goals Summary
2024/2025 Annual Action Plan 29
Goal Descriptions
1 Goal Name Affordable Housing
Goal Description
This covers housing benefits, homeowner rehabilitation and financial assistance to new low-income homebuyers; homelessness and acquisition of single-family homes to rehab for affordable housing, if needed. 2 Goal Name Homelessness
Goal Description
This includes funding for service providers catering to homeless persons, transitional housing and emergency shelters. 3 Goal Name Strengthening Neighborhoods
Goal Description
This includes service provision and infrastructural development such as youth and senior centers, parks and recreational facilities, and curb, gutter, and sidewalk improvements. 4 Goal Name Economic Development
Goal Description
This includes financing for job placements and training programs as well as funding for Large, Small and Microenterprise loans, as well as CDBG-CV projects if needed.

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)The City of Porterville intends to continue its First time Homebuyer Program and Owner-Occupied Housing Rehabilitation Loan Program to allow families to obtain and/or maintain affordable housing, with a combined goal of helping five extremely low-income, low-income, or moderate-income families in program year 2024/25. 2024/2025 Annual Action Plan 30
Projects
AP-35 Projects – 91.220(d)
Introduction
The Consolidated Plan goals below represent high priority needs for the City and serve as the basis for the strategic actions the City will use to meet these needs. The goals, listed in no particular order are:
● Assist in the creation and preservation of affordable housing opportunities ● Support activities to prevent and end homelessness
● Support activities that strengthen neighborhoods.
● Expand economic development and employment opportunity programs.

Projects
# Project Name
1 Grant Administration
2 Navigation Center Operations
3 Case Management for PSH
4 Homebuyer Education Program
5 First-Time Low-Income Homebuyer Program
6 Fair Housing Education Program
7 Owner-Occupied Housing Rehabilitation & Public Utilities Loan Program
8 Business Assistance Program
9 Parks Improvement Program
10 Curb, Gutter and Sidewalk Improvements
11 Continuum of Care (LINC Services)
12 Multi-Sport Field Improvement Project
13 Homeless Outreach Project (HOP)
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The priorities were allocated based on the high priority needs identified in NA-50 of the 2020-2024 Consolidated Plan and based on outreach described in the Citizen’s Participation Plan. This is with the exception of administration of the allocations which is a default first priority area for realization of the goals and projects set in the action plan.
2024/2025 Annual Action Plan 31
AP-38 Project Summary
Project Summary Information
1 Project Name Planning and Administration
Target Area Citywide
Goals Supported Affordable Housing
Homelessness
Strengthening Neighborhoods
Economic Development
Needs Addressed Affordable Housing
Infrastructure Improvements
Neighborhood Services, Community Services
Job Creation/ Retention Programs
Community Facilities
Funding CDBG: $154,197.60
Description Allocation amount: up to 20% of Grant allocation plus up to 20% of current years' (24/25) expected PI. Carry Over: $0 is anticipated carryover from PY 2024/25, however if there is any carryover on 6/30/2025, it will be moved to First-Time Low-Income Homebuyer Program.

A portion of the CDBG entitlement allocation will be used for reasonable planning and administrative costs associated with the administration of the CDBG funds and other related federal requirements. Administration funds will support oversight activities of the housing department, legal services from the City Attorney's Office, and environmental reviews. The actual amount is based on an estimated amount dependent on anticipated Program Income for FY 24/25 (an estimated additional $6,312 of PI from other programs).

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
Not Applicable
Location Description Citywide
Planned Activities Planning administration of the CDBG funds and other related federal requirements. Administration funds will support oversight activities of the housing department, legal services from the City Attorney's Office, and environmental reviews
2 Project Name Public Service: Navigation Center Operations Target Area Citywide
Goals Supported Homelessness
2024/2025 Annual Action Plan 32
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $70,000
Description Allocation amount: Allocation amount not to exceed the sum of:
$70,000 ($65,000 of new entitlement and $5,000 of Program Income from 23/24) granted it does not exceed the 15% public service cap, as this is considered a public service activity. Carry Over: $0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall be allocated to First-Time Low-Income Homebuyer Program. Contingency: These funds can be re-allocated to the youth center should a new site become available and the activity resumes operations.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 persons assisted
Location Description 140 S. C Street
Planned Activities These funds will be used to provide food, shelter, housing assistance, service linkages and additional staffing for case management services at the Porterville Navigation Center (PWC), a 30-bed shelter facility. 3 Project Name Public Service: Case Management for PSH
Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $21,000
Description Allocation amount: $21,000 ($15,000 of new entitlement and $6,000 of Program Income from 23/24) granted it does not exceed the 15% public service Cap, as this is considered a public service activity. Carry Over:
$0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall be allocated to First-Time Low- Income Homebuyer Program.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
At least two very low or extremely low-income families/individuals will benefit from this program in FY 2024-25. Five vouchers are assigned to each of the participating cities, and the remaining vouchers will be available based on need. This program covers a portion of the case management for the PSH program. The other portions are covered by other jurisdictions in Tulare County.

Location Description Citywide
Planned Activities The City of Porterville executed a sub-recipient agreement with Family Services of Tulare County to administer this voucher program that provides services within the City of Porterville with the City funding annually for the case manager services.
4 Project Name Public Service: Homebuyer Education
2024/2025 Annual Action Plan 33
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $1,805
Description Allocation amount: $1805 will be allocated for PY 2024/25 granted it does not exceed the 15% public service Cap, as this is considered a public service activity Carry Over: $0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall be allocated to First-Time Low-Income Homebuyer Program. This program continues, however it will be mostly funded with HOME Admin funds; unless there is additional CDBG funds available from the public services cap that can be allocated to this project.

CDBG new entitlement funds will be used to prepare low-income renter households for the responsibilities and challenges of homeownership which will facilitate the use of the City's First Time Homebuyer Low Income Loan Program. The City is requiring this eight to nine hour training course as a prerequisite to applying for City assistance in the purchase of their first home.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
60 persons assisted
Location Description 291 N. Main St. Porterville CA 93257 Planned Activities The curriculum includes, but is not limited to the following topics:
advantages/disadvantages of homeownership, what the applicant can afford, developing budgets, determining debt ratios, explanation of the loan process, down payments, and closing costs, selection of a real estate agent, selection of property, lead base paint visual assessment certification, writing an offer, the escrow process, and maintenance of the home. Using the funding allocation, the City plans to provide this homebuyer education course free of charge to qualified low income persons. The class will be taught in partnership with a local non-profit who is a HUD Certified Housing Counselor.
5 Project Name First-Time Low-Income Homebuyer Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $323,360
Description Allocation amount: $100,000 shall be added from New Entitlement, $6,300 is anticipated New PI from debt repayment of home loans that will be returned to the RL fund to continue to operate the CDBG FTHB loan program and $217,000, is the expected carryover in the RL fund on 6/30/2023 to be used in FY 2024/25. Carry over: Any carry over on 6/30/2025 shall remain in the RL fund to continue to fund this program.

Target Date 6/30/2025
2024/2025 Annual Action Plan 34
Estimate the number
and type of families
that will benefit from
the proposed
activities
1 income eligible family
Location Description Citywide
Planned Activities CDBG program income funds will be used to facilitate movement of lowincome, renter households into the home ownership category with affordable mortgages through a revolving loan program.
6 Project Name Public Service: Fair Housing Education Program Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding $20,000
Description Allocation amount: $20,000 granted it does not exceed the 15% public service Cap, as this is considered a public service activity. Carry over:
$0 is anticipated as carryover for FY 2024/25, however if any carryover is remaining on 6/30/25 it shall be moved to the First-Time Homebuyer Loan Program.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
30 persons assisted
Location Description Citywide
Planned Activities The City will work with Community Services Employment Training (CSET) as a Sub-recipient to conduct outreach and education pertinent to California and Federal Fair Housing laws and best practices to representatives of the housing, lending, and insurance industry and to the public at large within the City of Porterville, such as the annual Fair Housing Conference and report activities quarterly to appropriate city staff, including data on claims, basis of discrimination and demographics of claimants.
7 Project Name Owner-Occupied Housing Rehabilitation & Public Utilities Loan Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $233,934
2024/2025 Annual Action Plan 35
Description Allocation amount: Allocation amount: $100,000 of new entitlement funds, $8,400 from anticipated PI, and $192,000 in old entitlement and PI will be allocated for PY 2024/25. If any remaining carryover on 6/30/2025 it shall be carried over into the RL fund to continue funding the OwnerOccupied Housing Rehabilitation Program. The Ramp program that is part of the Rehabilitation Loan program may be allocated to a Non-Profit agency as a sub recipient to complete repairs or hire contractors to complete appropriate ADA work. Contingency: ENT funds can be reallocated to the Business Assistance Program if there is a need.

Using old entitlement and Program Income (PI) funds the City will participate in a meaningful and effective housing rehabilitation program including connection to City water and/or sewer service, to assist low- and moderate-income homeowners and to supplement previous funding allocated in past years to Housing Rehabilitation Loan Program (HRLP).

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
4 Households
Location Description Citywide
Planned Activities Once an applicant is income qualified, an inspection of the premises is made to identify building code deficiencies, applicable lead-based paint mitigations, and zoning violations. For water and/or sewer connection feasibility, verification will be performed by the City's Engineering Department. The applicant is then counseled as to the extent and cost of the work covered by a rehabilitation loan, the process of selecting a contractor, and maintaining an equity reserve after rehabilitation construction. A systemized program evaluating work completed through on-site inspections and progress payment issuance is administered by the City to assure that abuses of the program do not occur. Final payment is held until the City Chief Building Inspector, Rehabilitation Specialist, and homeowner have indicated completion and satisfaction with the work. 8 Project Name Business Assistance Programs
Target Area Citywide
Goals Supported Economic Development
Needs Addressed Job Creation/ Retention Programs
Funding CDBG: $141,081
2024/2025 Annual Action Plan 36
Description Allocation amount: $65,000 of new entitlement funds will be allocated for PY 2024/25. Old Entitlement Balance of $39,281 plus $16,800 from anticipated PI, will be allocated for PY 2024/25. Additionally, $20,000 will carry over from the microenterprise program. Carry Over: $0 is anticipated carry over for FY 2024/25. If any carryover is remaining on 6/30/2025 and any new PI received during the year shall be added into the RL fund to continue funding the Business Assistance Loan Programs as the City continues to accept and review applications for those programs. This funding can also be used for the CDBG-CV funded activities if needed.

Program Income and Old Entitlement will be used for the Business Assistance Programs. Large Business Assistance Program (BAP) Revolving Loan Fund: The main objective of this program is to provide financing options to industrial/commercial businesses for the retention and expansion of the job market within the City of Porterville. Small Business Assistance Program (BAP) Revolving Loan Fund: The main objective of this program is to provide "gap" funding for small businesses that are either just starting business in Porterville or are trying to expand their business. Micro Enterprise Program: the main objective of this program is to provide funding for low to moderate income persons to start or expand a business in Porterville.

These funds will continue to be available to use for CDBG-CV funded activities if needed.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is estimated that at least 1 business will be assisted with these funds in the large or small business category and 4 microenterprises.

Location Description Citywide
Planned Activities Large Business Assistance Program (BAP), Commercial and Industrial Development. This program will provide financial assistance in the amount of $50,000 or greater, when available. The goal of the BAP is to encourage businesses to expand which will lead to increase business activity, job sustainability, and job creation. Small Business Assistance Program (SBAP): SBAP assistance is a minimum of $1,000 and a maximum of $50,000 and will be directed towards businesses that have the greatest potential for long-term job creation. Micro Enterprise Loan Program Assistance is a minimum of $1,000 and a maximum of $10,000 to assist LMI persons start or expand a business. This funding can also be used for the CDBG-CV funded activities if needed.
9 Project Name Parks Improvement Program
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding CDBG: $215,737.40
2024/2025 Annual Action Plan 37
Description Allocation amount: Remaining amount from all other 2024/25 Entitlement allocations shall be added to the Parks Improvement program currently $215,737.40. Carry Over: $0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall be added to the Multi-Sports Field Improvement Project if there is a need in that program, if not it shall remain in the Parks Improvement Program to continue funding park improvement projects at the designated parks.

The main objective of this program is to add or increase access to amenities and improve infrastructure at Murry Park, Zalud and Fallen Heroes Parks in addition to the Tule River Parkway trail adjacent to Fallen Heroes Park in order to continue to keep the park as a safe, clean, and attractive recreation facility. These funds may also be used for additional park projects within eligible census tracts/blocks, and the Multi-Sport Field Improvement Project, since it is also a park project, except that it was given its own activity number due to the large dollar amount that is expected to be allocated, from program income generated from the sale of the Heritage Center.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
15925
Location Description Murry Park, Zalud Park, Fallen Heroes Park, and Tule River Parkway serve Census Tracts 38.02, 41.01 and 41.02, as does the Multi-Sports Field Improvement Project
Planned Activities Using entitlement and program income the City plans to continue making improvements to parks within eligible census tracts/blocks, including but not limited to Murry Park, Zalud Park, Fallen Heroes Park and the Tule River Parkway trail adjacent to Fallen Heroes Park. 10 Project Name Curb, Gutter and Sidewalk Improvements
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding CDBG: $31,165
Description Allocation amount: $0. Old entitlement in the amount of $31,165.

Carry Over: $0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall remain in this program to continue funding curb, gutter and sidewalk improvements in low-mod census tract areas. Contingency: If no project is identified, these funds will be used for the Multi-Use Sports Field Improvement Project.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
Not Applicable
Location Description Citywide
2024/2025 Annual Action Plan 38
Planned Activities At least one infrastructure improvement project including Curb, Gutter and Sidewalk improvements in low-mod census tract areas. 11 Project Name Public Service: Continuum of Care (LINC Services) Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $5,000
Description Allocation amount: $5,000 granted it does not exceed the 15% public service Cap, as this is considered a public service activity. Carry Over:
$0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2024 it shall be allocated to First-Time Low-Income Homebuyer Program.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
150 individuals who are experiencing homelessness
Location Description 140 S C St.

Planned Activities Kings Tulare Homeless Alliance will hold ongoing Local Initiatives Navigation Center (LINC) in the City of Porterville. LINC will connect homeless and people at-risk of homelessness with critical services such as health and dental care, employment assistance, housing assistance, legal services, social services and access to mainstream benefits. They will also provide consumables supplies and services to homeless clients (supplies and services include prescription eyeglasses, bus passes, DMV reduced-fee ID cards, sleeping bags, laundry cards, hygiene kits, food.) 12 Project Name Multi-Sport Field Improvement Project
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding $559,728
Description Allocation amount: $0 in new entitlement. Old entitlement in the amount of $559,728 will be used to fund improvements to the MultiSports Field Improvement Project. . Carry Over: $0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall remain in this project to continue funding improvements to this site.

Improvements to 11.6 acres of undeveloped property to the north of the Heritage Center for the use of recreational activity and park space; such as the addition of an artificial turf lighted arena soccer field(s), allweather surface multi-use court with a shade cover and other amenities.

This area would benefit the City Operated Youth Center, serving as an area for outdoor activities.

Target Date 6/30/2025
2024/2025 Annual Action Plan 39
Estimate the number
and type of families
that will benefit from
the proposed
activities
152,400
Location Description 11.6 acres of undeveloped property to the north of the Heritage Center Planned Activities Improvements or amenities such as artificial turf lighted arena soccer field(s), all-weather surface multi-use court with a shade cover and other amenities.
13 Project Name Public Service: Homeless Outreach Project (HOP) Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $4,000
Description Allocation amount not to exceed the sum of: $4,000 granted it does not exceed the 15% public service cap, as this is considered a public service activity. Carry Over: $0 is anticipated carryover from PY 2024/25, however if any carryover remains on 6/30/2025 it shall be allocated to First-Time Low-Income Homebuyer Program.

Contingency: These funds can be re-allocated to the youth center should a new site become available and the activity resumes operations.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
50 Location Description Citywide
Planned Activities The Homeless Outreach Project provides essential consumable items at the CCFCC drop-in center and during outreach events to those experiencing homelessness.
2024/2025 Annual Action Plan 40
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The City has not established specific target areas to focus the investment of entitlement funds as it is citywide. As mentioned in the AP-05, Executive Summary, a map of eligible census blocks is included as part of the Executive Summary, As Attachment 1.

Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Not applicable. The City has not established specific target areas to focus the investment of entitlement funds as it is citywide.

Discussion
Low Income Census Blocks and Tracts are also considered when a new activity is being proposed and those are outlined in the Attachment 1 referenced above. 2024/2025 Annual Action Plan 41
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Although entitlement resources are limited, the City does anticipate expending a significant portion of its CDBG entitlement on the preservation and provision of affordable housing. A detailed discussion of how HUD entitlements will be used to support community and economic development needs within the City is provided in AP-35, with the number of households to be assisted itemized by goal.

One Year Goals for the Number of Households to be Supported Homeless 2
Non-Homeless 5
Special-Needs 0
Total 7
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported
Through
Rental Assistance 2
The Production of New Units 0
Rehab of Existing Units 4
Acquisition of Existing Units 1
Total 7
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
The one-year goals above include the First-Time Low-Income Homebuyer Loan Program, OwnerOccupied Rehabilitation Loan Program, and the Case Management for Permanent Supportive Housing activities.
2024/2025 Annual Action Plan 42
AP-60 Public Housing – 91.220(h)
Introduction
The Housing Authority of Tulare County (HATC) was established in 1945 and is committed to providing rental housing assistance to LMI households, seniors, the disabled, and special-needs populations throughout the region. The agency administers various housing assistance programs, including the public housing program, housing choice voucher program, farm labor program, and senior housing program.

HATC currently provides affordable and well-maintained rental housing to over 5,000 households countywide.

Additionally, HATC is a participant of HUD’s Moving to Work (MTW) demonstration program, which grants participating public housing authorities (PHAs) the ability to test innovative approaches to delivering housing assistance to households in need. MTW is a HUD effort to build and support innovative programs that enhance the efficacy of PHAs. HATC has capitalized on the organizational and procedural flexibility it has gained through MTW to become a more efficient agency.

Actions planned during the next year to address the needs to public housing HATC will continue to own and manage 111 units in the City of Porterville. According to HATC, there is no plan to purchase additional public housing units, nor is there a plan to remove any units from its inventory. In the Fiscal Year 2024-2025, HATC projects to invest a total of $295,828 in Capital Fund improvements for its Public Housing Stock located in the City of Porterville. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Porterville. Capital Fund expenditures will cover a large range of projects, including tree trimming, carpets replacement, ranges, refrigerators, exterior and interior paint, countertops/cabinets, heaters, cement work, fencing as needed for all our sites in Porterville.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HATC is proactive in the inclusion of public-housing residents in the policy making process. An equitable and transparent policy making process that includes the opinions of public housing residents is achieved through the participation of two tenant commissioners on the HATC Board. Furthermore, HATC has installed a Resident Counsel, which is made up of five residents from all of HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers and public-housing). The Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity to provide input on necessary program modifications.

A vital driving factor in the implementation of HATC programs is the promotion of tenant self-sufficiency.

HATC views the goal of homeownership for program participants as one of the long-term goals for all of our clients. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership and its Annual Re-Examination Notice provides public-housing participants with an extensive referral list that provides assistance with homeownership. This list includes programs managed by: CSET, City of Porterville, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant in order to effectively inform them of all the different programs that are available to them. Effective collaboration between the agency and other public and nonprofit agencies is imperative to help promote homeownership 2024/2025 Annual Action Plan 43
among all of its tenants.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable. Housing Authority of Tulare County is not a troubled PHA.

Discussion
As discussed in the above section of AP-60 HATC will continue its efforts to address public housing and provide rental housing assistance to LMI households, seniors, the disabled, and special-needs populations through its administration of various housing assistance programs in the 2024-2025 program year. 2024/2025 Annual Action Plan 44
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Porterville (City) is closely involved with the Kings/Tulare Homeless Alliance (KTHA), which serves as the local Continuum of Care on Homelessness (CoC). When possible, the City’s programs designed to serve homeless persons are coordinated with KTHA.

There are several ongoing efforts that the City and KTHA are involved in as collaborative partners.

These collaborations include:
 Monthly KTHA Membership Meetings
 Tulare County Task Force on Homelessness
 Emergency Shelter/Bridge Housing Project
 Local Initiatives Navigation Center (LINC)
 Annual Point in Time Count
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Targeted outreach efforts of unsheltered homeless persons are coordinated with KTHA Housing Navigators and the Kings View PATH Team. Teams canvas the city to conduct outreach to people experiencing homelessness. When an unsheltered person is identified, they are assessed and connected to services.

Client information is included in the local Homeless Management Information System (HMIS) so that outreach teams can remain apprised of client status on the Coordinated Entry System (CES) housing priority list and other community referrals.

The Homeless Outreach Project (HOP) provides essential consumable items at the Central California Family Crisis Center’s (CCFCC) drop-in center and during outreach events to those experiencing homelessness; and the City of Porterville’s Police Department conducts street outreach and assists individuals experiencing homelessness by connecting them with services and housing resources, and providing crisis intervention. The team consists of a dedicated police officer and a crisis intervention specialist that works with local partners to provide the connection to services.

The City will also continue to support KTHA’s outreach efforts to persons experiencing homelessness through the Local Initiative Navigation Center (LINC) events held at the Porterville Navigation Center.

Weekly LINC events offer housing assessments, connections to mainstream benefits, support service providers, and access to other services on a scheduled basis such as vaccinations, haircuts, prescription eyeglasses, etc. The City will provide $5,000 in FY 24/25 to the KTHA for public services related to LINC.

KTHA will continue to utilize its Landlord Relations Specialist (LRS) who is responsible for marketing homeless housing programs to new and existing landlords and property managers, with the goal of expanding the number of units available to households experiencing homelessness. This individual acts as a liaison between landlords, case managers, and clients decreasing the length of time people experiencing homelessness stay in unhoused situations. The LRS will work in the bi-county region with approximate 2024/2025 Annual Action Plan 45
time divided based on Point in Time numbers. This position was created during the pandemic, and since her hire 24 households have located and moved into units as a result of the work of the LRS, 14 of which have been in Porterville.

On an annual basis in January, KTHA conducts both a sheltered and unsheltered Point in Time (PIT) count.

The one-day PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Porterville who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.

Addressing the emergency shelter and transitional housing needs of homeless persons Although the City’s CDBG funding is limited to public services for applicable programs, a high priority is given to the need of providing permanent support housing (PSH), emergency shelters and transitional housing, as well as, substance abuse treatment, case management, mental health care, life skills training, etc. through collaboration with the KTHA and its members. Being an active participant in the KTHA, the City plays an important part in the strategic planning for the organization and for applications for funding resources. The City continues to support the efforts of the KTHA and the operators of projects serving those experiencing homelessness such as the Central California Family Crisis Center, Kings View, Tulare County Health & Human Services Agency, Westcare, Community Services and Employment Training (CSET), Uplift Families, and other such providers that either provide vouchers or adequate facilities to meet the emergency and transitional housing needs of the homeless and those threatened with homelessness.

The City of Porterville worked closely with Turning Point of Central California to acquire and rehabilitate a school site that is now operated by Kings View as a low-barrier navigation center. The project, Porterville Navigation Center, has 15 beds of low-barrier emergency shelter and 15 beds of low-barrier bridge housing.

Since it’s opening in October 2020, the Porterville Navigation Center, connects with an average of 80 people each day. The City and Kings View are currently considering an expansion of the center to add an additional 30 emergency shelter beds and additional day services for people experiencing homelessness.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Porterville supports and collaborates with local service providers, through the KTHA, to assist homeless individuals and families. KTHA develops funding priorities for the various funding sources that come through them as they serve as the local Continuum of Care on Homelessness. Funding priorities concentrate on supporting existing projects that support the Housing First model, Permanent Supportive Housing (PSH), Bridge Housing, Navigation Centers, Emergency Shelters, Housing Navigators and other programs that help individuals experiencing housing move from an unhoused situation to permanent housing.

Furthermore, the City continues their efforts of providing CDBG funds in the amount of $15,000, to Family Services of Tulare County as matching funds, for case management (public services) to support permanent 2024/2025 Annual Action Plan 46
supportive housing. This project provides case management services to 5 households at any point in time, but is currently assisting 6 households.

In all Continuum and City-funded projects, persons experiencing homelessness are assessed for housing opportunities and are prioritized based on their acuity. Several projects focus on sub-populations such as youth ages 18-24, veterans, and/or chronic homelessness. All projects within the Continuum- emergency, transitional and permanent housing- include supportive services for their clients. Each project designs and implements supportive services based on their target population and partnerships leveraged within the community. The overarching goal of the supportive services offered is to link individuals and/or families with mainstream benefits and income support, education and employment services, as well as health and life skills services. These linkages are a critical component to assisting clients in self-sufficiency, reducing episodes of homelessness, and preventing recidivism.

Projects that serve these vulnerable subpopulations include:

CSET Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the Veterans Affairs Supportive Housing (VASH) project and Westcare operates the Supportive Services for Veteran Families (SSVF) project that serves eligible veterans and their families. Uplift Families operates a Transitional Housing project for transitioning age youth.

In mid-2021, Tulare County Health & Human Services Agency formed a Homeless Multidisciplinary Team (MDT) to work across all jurisdictions and communities in our county. The intent of the team is to work with city administration and departments such as Parks, Public Works, and first responders such as law enforcement, to help engage with individuals experiencing homelessness and help address the applicable needs and supportive services this population needs to be successful. The team includes representatives from Human Services, Mental Health as well as Alcohol and Other Drug services, and Public Health. The MDT partners with programs such as the Porterville Welcome Center, Family Services, the Kings Tulare Homeless Alliance, Salt + Light Works, Kaweah Street Medicine, and numerous other partners to help provide linkage and engagement in robust services.

The MDT has deployed in support of the Porterville Police Department’s Special Methods and Resources Team (SMART) to help engage and offer services to the encampments along the Tule River as well as encampments in other regions of the city. Furthermore, the MDT engages with the Task Force on Homelessness to assist jurisdictions in aiding the homeless members of their communities. These efforts include programs such as the former Project Roomkey, which provided temporary shelter during the pandemic and now Project Homekey, which provides PSH, supportive services at the Welcome Center, the annual Point-in-Time count, and similar activities. City administration and the MDT have also partnered to explore funding opportunities such as California’s Encampment Resolution Fund.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social 2024/2025 Annual Action Plan 47
services, employment, education, or youth needs.

An important component of prevention/diversion is assisting households with income supports and connections to mainstream benefits. Tulare County Health and Human Services Agency (HHSA) has an SSI Advocacy Unit that focuses on increasing access to SSI and other mainstream benefits. Additionally, the Housing Disability Advocacy Program (HDAP), operated through HHSA, focuses on assisting people with disabling conditions with housing and case management while they are processing their SSI claim.

The SSI/SSDI Outreach, Access and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder.

Staff from all CoC-funded agencies is required to assist clients in obtaining these mainstream benefits.

Participation by these agencies provides an efficacious method of assisting households who may otherwise pursue homelessness assistance.

HHSA has also formed an Integrated Services team that is supported by Community Health Workers (CHWs) to identify individuals in need of assistance and link with services and supports including entitlement benefits such as Medi-Cal. This team is focused on expanding access to care during transitions from institutional settings through California Advancing and Innovating Medi-Cal (CalAIM) efforts.

Integrated Services works closely with the Managed Care Plans (such as Anthem and Health Net), jurisdictions through initiatives including the Homeless MDT, the Tulare County Task Force on Homelessness, and numerous community partners.

Fair Housing Education is provided in partnership with Community Services Employment Training (CSET) as a sub-recipient to conduct outreach and education pertinent to California and Federal Fair Housing laws and best practices to the public at large within the City of Porterville; providing assistance to people who are being or at risk of eviction when fair housing issues are present, allowing them to remain in their homes.

Discussion
As discussed above, the City will continue to work with various agencies to provide programs and services for individuals experiencing homelessness in Program Year 2024-2025. CDBG funded activities to this regard include: Navigation Center Operations, Homeless Outreach Project (HOP), Case Management for Permanent Supportive Housing, and LINC Services.
2024/2025 Annual Action Plan 48
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Government policies can cause constraints on Affordable Housing and residential investment. Zoning, site improvement requirements, fees, and exactions, as well as permit fees and procedures, are discussed as barriers to affordable housing. These are identified in the Porterville’s 2015 - 2023 housing element as follows:

1. Land use controls (e.g., zoning) - The City maintains an official Zoning Map that outlines areas where residential uses can be developed. The Development Ordinance defines how those residential uses can be developed. While the intent of zoning standards is to maintain order in the manner in which the city is planned, zoning also sometimes creates limitations in terms of size, height, and locations where affordable units are built. Porterville has made significant strides in the last 20 years to reduce limitations to affordable housing that might be a result of zoning restrictions. The City has adopted ordinances that encourage residential development and increased densities while maintaining requirements that ensure a higher quality of life for the residents of such developments. Porterville’s ordinances accommodate reduced lot sizes, allow multi-family residential in three of the five residential zone districts, and have no restriction on the size of households. Additionally, the City frequently encourages the development community to incorporate affordable units into their projects to qualify for a density bonus, and the additional concessions and/or incentives available for affordable housing. The City continues to evaluate and assess opportunities to reduce impediments to development of affordable housing in this community. One such example currently being reviewed is further reduction of parking requirements for multi-family residential uses, and consideration of parcels without street frontage.

2. Fees and exactions - Every development and infrastructure project including housing, require fees and permits from the City. This includes but is not limited to permit issuance fees, development impact fees, engineering and public works fees, and subdivision processing fees. These may increase the construction and/or rehabilitation costs of housing making it increasingly difficult to have a substantial inventory of affordable housing units. It is more expensive to develop multi-family units at an approximated cost of $60,000 in fees compared to single family units at $16,500 in development fees.

3. Permit processing procedures - The processing procedures can have long time frames which in turn, increases development costs. The City implements a multi-agency approach to check compliance within the process with fire, police, planning, building inspectors and city engineers in an attempt to streamline the permitting process.

4. Off Street Parking Standards - Parking is highlighted as a barrier to affordable housing in the City’s 23/24 Annual Action Plan. The cost to build parking for affordable units can exponentially increase development costs, as well as potentially decrease the number of units built if parking is surface level.

Development Ordinance Section 304.04 states that Porterville City Council has power to reduce parking requirements for multi-family developments if a developer can show that the project will not generate a need for as much parking when compared to a project designed for the general market. A comprehensive update to the Development Ordinance is currently underway and will include reduction and/or prohibition of parking requirements related to off street parking for affordable housing and multifamily residential projects.

5. AB 1482 - Expands rent control to cover units built over 15 years ago and places an annual cap on rent to 5% plus inflation. AB 1482 was signed on 10/8/19, effective 1/1/20; unintentionally causing a surge of 2024/2025 Annual Action Plan 49
eviction notices and large increase in rent towards tenants, specifically for low- income households.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City of Porterville will continue to assess both its General Plan policies and Zoning Ordinance to assure the process of developing housing for low and moderate-income households are made more accessible. The Housing Element highlights as one of its action plan goals to reduce governmental constraints to the development, improvement, and preservation of housing, particularly to affordable housing for low and moderate-income households. To reach this goal, Porterville has made sure that it is complying with second unit laws.

The City has initiated a comprehensive update to City’s Development Code. The last completed update took place in 2013. Since then, the State has passed a number of bills impacting local procedures and development standards. Goals of the update are to create a more user-friendly document, streamline project review, and eliminate inconsistency in the regulations. It will also ensure the City’s regulations are consistent with State Law.

Additionally, Porterville’s Development Ordinance addresses the following:
 Minimum lot sizes and densities consistent with the Plan’s land use classifications;  Development standards that permit townhouses and zero-lot-line attached or detached singlefamily dwellings on sites designated for low-medium, medium, or medium-high densities;  Development standards that allow second units, small family daycares, and residential care homes in neighborhoods in accordance with State law;
 Sustainable design standards that will achieve compact, walkable neighborhoods and provide an interconnected network of local streets;
 Provisions for emergency shelters, transitional housing, supportive housing, and residential care facilities for six or fewer persons;
 Provisions for Single-Room Occupancy units; and
 Provisions for farmworker housing.

The City’s 2015-23 Housing Element also recognizes other actions to be taken to preserve and develop more affordable housing in the region, including the use of land use designation and zoning to assure the City meets its RHNA need, and push for an increase in mixed-use and infill development.

First-Time Low-Income Home Buyers Assistance Program is used to help low-income households purchase their first homes by providing government assistance with down payments, gap financing and/or closing costs on their home. This is one approach to alleviate the number of residents in need of affordable housing rental units, allowing them to have their own place to call home. The City plans to continue this program with new entitlement, past entitlement and prior PI funds in the next year. Additionally, the City will apply for HOME grants funds to further assist in this regard.

Governmental barriers to producing housing are minimal; land use regulations, expedited permit processing, and low development fees push for the construction of lower-cost housing units when compared to other Central Valley Communities. A further discussion can be read below:

 Residential Density - Porterville allows for residential densities up to 30 dwelling units per acre.  Zoning and Parking Standards - These standards are not highly stringent, so the minimum single 2024/2025 Annual Action Plan 50
family lot size is enough to persuade developers to build single family units for LMI first time home buyers. The majority of residential zones allow for alternative housing types such as mobile homes, group homes and accessory dwelling units.

Discussion:

As referenced above, the City will continue to address barriers to affordable housing identified in the City’s 2015-2023 Housing Element by assessing its policies and updating its Development Code. Additionally, the City has committed CDBG funding towards the continued implementation of the First-Time Low-Income Home Buyers Assistance Program. 2024/2025 Annual Action Plan 51
AP-85 Other Actions – 91.220(k)
Introduction:

This section discusses the City’s efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead-based paint hazards, and developing institutional structure for delivering housing and community development activities.

Actions planned to address obstacles to meeting underserved needs Please see activities in AP-35 to address the housing and community development needs in the City. Also, please see AP-75 regarding potential actions to address barriers to meet the City’s affordable housing needs.

Actions planned to foster and maintain affordable housing Please see AP-15 for actual and potential housing resources available, and AP-35 for activities that will be funded to address the housing and community development needs in the City. Also, please see AP-75 regarding potential actions to address barriers to meet the City’s affordable housing needs.

Actions planned to reduce lead-based paint hazards
At this time, the City of Porterville does not directly oversee a lead-based paint (LBP) eradication program, unless it is in partnership with CDBG, HOME, or CalHome funded owner-occupied housing rehabilitation projects.

All properties undergoing rehabilitation or acquired for affordable housing are inspected for LBP. No federally funded rehabilitation is allowed to occur without due screening for LBP hazards. The City conducts visual assessment, paint testing or risk assessment on all of its projects. Lead hazard reduction activities include paint stabilization, interim controls, standard treatments, lead abatement, safe work practices and clearance to confirm that no LPB hazards remain when work is complete.

Actions planned to reduce the number of poverty-level families The City continues to confront and alleviate the number of poverty-level families in the coming years. One goal to address that need will be implemented through economic development:
 Expand economic development and employment opportunity programs.

Furthermore, the City has recognized areas that must be addressed to achieve long-term economic prosperity, including the following:
 Ensuring that land within the City is “shovel ready” and available for development.  Educating and training the City’s workforce to continue to fill any new jobs that may be coming into the City.

The City of Porterville will keep working with HATC to ensure adequate amounts of Section 8 Vouchers and other public housing opportunities are available to meet the demand of the City’s LMI population.

Also, the City will work closely with the Tulare County Economic Development Corporation, Tule River Economic Development, CSET, Proteus, and Workforce Investment Board (WIB), to facilitate and enhance economic workforce development opportunities in the City. Additionally, the Community Development Department staff will continue to work closely with the Economic Development Division to administer the CDBG funded Business Assistance Program, which includes CDBG CARES Act (CBDG-CV) funding to help for-profit and non-profit businesses in response to the impacts of COVID-19 and provide operational 2024/2025 Annual Action Plan 52
support to non-profits.

The City will continue to work closely with and in support of the community service providers in meeting the special needs of its homeless and low- and moderate-income populations. Further, the City will continue to evaluate its delivery system and those of the agencies it works with to see if improvements can be made.

The City anticipates that at least one household will qualify for the purchase of a home under the City’s First-Time Low-Income Homebuyer Program funded with CDBG, HOME, or CalHome funds.

Actions planned to develop institutional structure
The City will continue to work closely with, and in support of, the community service providers in meeting the special needs of its homeless and LMI populations. The City will continue to participate in the Kings/Tulare Homeless Alliance to ensure coordination and implementation of strategic plans.

The Kings/Tulare Homeless Alliance (KTHA) is made up of a group of advocates, public agencies, homeless individuals and service providers with the purpose of confronting the needs of the homeless population within the Kings and Tulare County regions. Furthermore, in adherence with the institutional delivery system, the City financially supports the Alliance which is recognized as a 501(c)(3) organization of partners. KTHA also implemented a coordinated entry and assessment system called Every Door Open, to serve both counties. The system’s purpose is to help at risk or current homeless people by prioritizing the most vulnerable homeless people, including the chronically homeless, veterans, families with children and unaccompanied minors obtain necessary services.

Actions planned to enhance coordination between public and private housing and social service agencies
As already discussed above, the City will continue to participate in KTHA, working with public, private and social service agencies to help homeless people. The City plans to continue working with organizations such as the Salvation Army, Red Cross, the PAAR Center, Central California Family Crisis Center, and Turning Point of Central California, which oversees the Porterville Welcome Center, to provide enough services and need to meet emergency and transitional housing needs of homeless and those vulnerable to homelessness.

The City will also continue to work with the HATC to support the maintenance of adequate Section 8 Vouchers and other public housing within the City in proportion to the City’s LMI population. The City of Porterville will also be working closely with the Tulare County Economic Development Corporation, Tule River Economic Development, CSET, Proteus, and Workforce Investment Board (WIB), to facilitate and enhance economic workforce development opportunities in the City.

Additionally, Community Development Department staff will continue to work closely with the Economic Development Division to administer the CDBG funded Large and Small Business Assistance Programs, Micro Enterprise Program, and CBDG-CV funded programs to help for-profit and non-profit businesses in response to the impacts of COVID-19. The City will continue to work closely with, and in support of, the community service providers in meeting the special needs of its homeless and low- and moderate-income populations. Further, the City will continue to evaluate its delivery system and those of the agencies it works with to see if improvements can be made.

Discussion:

The City’s efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead-based paint hazards, and developing institutional structure for delivering housing and community development activities is described within this section, as well as in sections AP-15, AP-35 2024/2025 Annual Action Plan 53
and AP-75. The named sections elaborate on actions planned to address housing and community development needs, barriers to meeting affordable housing needs, and housing resources available. 2024/2025 Annual Action Plan 54
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

AP-35 describes how current and new PI will be allocated.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion:

AP-35 describes how current and new PI will be allocated. 2024/2025 Annual Action Plan 55
APPENDIX 1: Citizen Participation
(This will be finalized after plan is approved by City Council) 2024/2025 Annual Action Plan 56