Agenda packet — Porterville City Council, May 21, 2024 (part 1 of 2)

City Council Agenda May 21, 2024

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 21, 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/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of May 21, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/82486543225?pwd=PPnL4cF90CYfOswwmgIGXiSH_Z5Pw.AXne3FqzG0grFOOP Or via Telephone: 1-669-900-6833 Webinar ID: 824 8654 3225 Passcode: 467569 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-030. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Judy Saucedo. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Friant Water Authority v. Eastern Tule Groundwater Sustainability Agency, Tulare County Superior Court Case No. VCU306343.

City Council Agenda May 21, 2024

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4 - 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.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

Invocation

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 - May 2, 2024

2. Library & Literacy Commission - May 14, 2024

3. Arts Commission

4. Animal Control Commission

5. Youth Commission

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

1. Water Conservation Phase IV Status Update - April 2024

2. Proclamation Issuance Report (April 2024)

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.

City Council Agenda May 21, 2024

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1. Reimbursement for Transportation Improvements (Chevron Project Located at Olive Avenue and Cobb Street)
Re: Consideration of acceptance of transportation improvements related to the Chevron project; and approval of reimbursement in an amount not to exceed $102,393.28 from Measure I to Vollmer Excavation.

2. Authorization to Advertise for Bids - Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue)
Re: Consideration to approve staff's recommended Plans and Project Manual for the project consisting of the removal and replacement of existing asphalt, installation of new carrier curb and gutter, detectable warnings, and conduit for fiber optic line, between Garden Avenue and Putnam Avenue.

3. Authorization to Negotiate a Consultant Services Agreement for the Development of a Consolidated Plan and Other Community Development Block Grant (CDBG) Updates
Re: Consideration to authorize staff to negotiate a contract with Resource Consultants not to exceed $52,425 for the preparation of the U.S. Department of Housing and Urban Development (HUD) 2025/26-2029/30 Consolidated Plan, Analysis of Impediments to Fair Housing, and Other Community Development Block Grant (CDBG) Updates.

4. Program Supplement to the Administering Agency-State Agreement - Butterfield Stage Corridor
Re: Consideration to adopt the draft resolution approving Program Supplement No.

A506 Administering Agency-State Agreement for State Funded Projects No. 06- 5122S21.

5. Renewal of Airport Lease Agreement Lot No. 34B
Re: Consideration to approve the renewal of the Lease Agreement between the City and Ray Swiney for Lot No. 34B at the Porterville Municipal Airport for a term of five (5) years.

6. Department of Finance Population Update
Re: Consider authorizing the Mayor to sign a request for State certification for the City of Porterville, January 1, 2024, at a population of 62,934.

7. Approval of State Senate Bill 1 (SB1) Project List for Fiscal Year 2024-2025 Re: Council to adopt the resolution for the SB1 Project List for FY 2024/2025.

8. Request for Proclamation - Freedom Days - June 14 - July 4, 2024 Re: Considering approval of a request to proclaim June 14 - July 4, 2024, as "Freedom Days" in the City of Porterville.

9. Parks and Leisure Services Commission Meetings
Re: Councill to consider the Parks and Leisure Services Commission's request for a hiatus during the months of June, July, and August of 2024.

10. Consideration of Cancellation of July 2, 2024, City Council Meeting Re: Consider cancellation of the first Council Meeting in July due to the Independence Day holiday.

City Council Agenda May 21, 2024

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11. Approval of Community Civic Event - American Conservatory - Mecca and Second - June 15, 2024
Re: Consideration to approve the Community Civic Event application from the American Conservatory to hold the "Mecca and Second" event on Saturday, June 15, 2024, from 2:00 p.m. to 10:00 p.m.

12. Approval of Community Civic Event - Porterville Kiwanis Club - Father's Day Food Festival - June 9, 2024
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Father's Day Food Festival" event on June 9, 2024, at Veterans Park, from 11:00 AM to 7:00 PM.

13. 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

14. Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
Re: Consideration of the transition from Phase IV to Phase III of the City's Water Conservation Plan.

15. Crestview Park Residential Development
Re: Council to conduct a Public Hearing and consider approving the draft resolution adopting the Initial Study/Mitigated Negative Declaration and mitigation monitoring and reporting program, and the draft resolution approving the tentative subdivision map with conditions.

SCHEDULED MATTERS

16. Council Member Requested Item - Consideration of Use of FY 2023/2024 Special Purpose Reserve Funds for Special Events at the Porterville Navigation Center
Re: Consideration to approve the draft resolution authorizing an allocation of up to $5,000 from the City's Special Purposes Reserve Fund for FY 2023/2024 to fund special events at the Porterville Navigation Center through December 2024.

17. Consideration of Appointments to the Transactions and Use Tax Oversight Committee ("TUTOC")
Re: Considering the reappointment of members to the Transactions and Use Tax Oversight Committee.

18. Nomination of a Transit Representative Member for the Governing Board of the Tulare County Association of Governments (TCAG)
City Council Agenda May 21, 2024

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Re: Consider nominees for appointment by the Tulare County Council of Cities as the Transit Representative "Member" to the Governing Board of the Tulare County Association of Governments (TCAG).

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

1. Flag Day Committee - May 7 and May 21, 2024

2. Water Commission Meeting - May 13, 2024

3. Tulare County Economic Development Corporation Budget & Workplan Session - May 15, 2024

4. Tulare County Task Force on Homelessness- May 15, 2024

5. Council of Cities - May 15, 2024

6. Library Facility Planning Committee Meeting - May 16, 2024

7. Tulare County Association of Governments (TCAG) Board - May 20, 2024

8. Tulare County Regional Transit Agency - May 20, 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 June 4, 2024, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

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

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: 1. Water Conservation Phase IV Status Update - April 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 April 2024 show that eleven (11) notices of violations were issued for water waste, and (1) one administrative citation was issued.

Water production for April 2024 reflects an eleven percent (11%) decrease from the five-year average. The monthly production for April was 212 million gallons, which is a thirty-five percent (35%) decrease compared to April 2013, when it was 325 million gallons. Residential consumption for April 2024 was 82 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 April 2015 through April 2024. Porterville's cumulative total production conservation through April 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from April 2015 through April 2024. Porterville's cumulative total GPCD conservation through April 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 April 2023 to April 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 April 2024

2. Monthly Production Status GPCD April 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 April 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG

0.00 25.00

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
Item No.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: 2. Proclamation Issuance Report (April 2024)
SOURCE: Administrative Services
COMMENT:

Pursuant to the City Council Procedural Handbook, staff is herein providing a report on Proclamation Requests that were processed during the month of April 2024. For the period of April 1 to April 30, 2024, the following request was processed.

Date Organization Name of Event / Proclamation
03/15/2024 City of Porterville -
Parks and Leisure Services
Arbor Day
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Proclamation Policy

2. Proclamation - Arbor Day
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Acting Administrative Services Director Final Approver: Patrice Hildreth, City Manager
G. Requests for Proclamations
The City routinely receives requests for proclamations. To qualify as a proclamation, the language should be ceremonial and not convey legislative action or represent that it is establishing City policy or directives. Each individual Council Member has the authority to grant and sign proclamations on their own respective behalf if they are processed in accordance with this Section. The City Council may grant and sign “City Proclamations,” only if the proclamation is approved by the City Council at a noticed and public City Council meeting in accordance with the Brown Act, and these proclamations shall be deemed to be “City Proclamations” and have the City Seal affixed.

Within one business day of receipt of a Request for Proclamation, staff shall scan and email the request to all City Council Members. In the event a Council Member is interested in granting the request, they shall individually notify staff of their interest. If more than one Council Member responds, the first responsive notification received by staff shall be the grantor. Staff shall then advise the remaining Council Members as to interest in signing the proclamation, and the Council Members shall have one business day to reply, after which the proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members. If more than two council members respond that they are interested in signing the proclamation, a consent calendar item will be prepared for the next scheduled city council meeting, for full City Council consideration. Approved City Proclamations may be signed by the Mayor, although the Mayor’s signature shall not be compelled. Additionally, the City Council may provide express authority regarding additional members who wish to also be signatories.

All signed proclamations will be made available in the Office of City Clerk for pick up by the requestor unless arrangements have been made for presentation at a certain event. Proclamations shall not be included on the Council Agenda nor presented at a Council Meeting unless approved by a majority of the entire Council. Staff shall provide a monthly informational report to the City Council identifying the proclamations for the preceding month. (Amended via Minute Order 15-121923, December 19, 2023.)

Item No. 1.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Reimbursement for Transportation Improvements (Chevron Project Located at Olive Avenue and Cobb Street)
SOURCE: Engineering and Project Management
COMMENT: The developer for the Chevron project, Lion Builders Inc, is requesting reimbursement for the cost of asphalt pavement and concrete improvements per City Standards on Cobb Street, south of Olive Avenue. Due to various utilities required for the development and to allow for the completion of the City's sewer project in the area, it was requested that paving along this development be delayed until all the utility work was completed. Now that all of that work has occurred, construction has moved forward on the road improvements on Cobb Street. Overlay work is typically completed by City crews at the City's expense; the contractor completing the work at this time relieves City staff of that burden and improves the area for the tenants of the new development and residents in the area.

The developer requested multiple bids from qualified general engineering contractors for costs associated with the proposed asphalt pavement and concrete improvements along Cobb Street, south of Olive Avenue, with the lowest bid being provided by Vollmer Excavation of Strathmore in the amount of $93,084.80, with a 10% contingency, totaling $102,393.28. Staff and the developer both agree that this bid is acceptable. Measure I funds would be used as the source of funding.

RECOMMENDATION: That the City Council:

1. Accept the transportation improvements related to the Chevron project; and

2. Approve reimbursement to Vollmer Excavation in a total amount not to exceed $102,393.28 from Measure I funds.

ATTACHMENTS: 1. Locator Map

2. Vollmer Excavation Bid
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 1.

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROJECT LOCATION MAP

SUBJECT

LOCATION
NORTH S COBB ST.

OLIVE AVE.

Proposal
Date
2/2/2024
Estimate #
4526
Name / Address

CITY OF PORTERVILLE
ATTN: FABIAN
291 N. MAIN STREET
PORTERVILLE, CA 93257-3737
Ship To

CITY OF PORTERVILLE
95 N PROSPECT

PORTERVILLE
P.O. No. Terms
30 DAYS NET
Project
NOTE:THIS PROPOSAL MAYBE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. PLEASE SIGN FOR ACCEPTANCE.

Phone #
559-568-0178
Fax #
559-568-2467
Web Site
vollmerexcavation.com
Total
Subtotal
Sales Tax (7.75%)
Vollmer Excavation, Inc.
19760 Road 222
Strathmore, CA 93267
Description Qty Cost Total

CONCRETE RAMP & SPANDREL REPLACEMENT

SAW CUT AS NEEDED, REMOVE RAMP & SPANDREL, GRADE &

COMPACT SUBGRADE, SET FORMS, POUR CONCRETE AND
PAVE BACK WITH 1/2" 64 - 10 ASPHALT AS NEEDED
23,452.00 23,452.00
NOTE:

BASED ON PREVAILING WAGE
$23,452.00
$23,452.00
$0.00
Proposal
Date
2/2/2024
Estimate #
4527
Name / Address

CITY OF PORTERVILLE
ATTN: FABIAN
291 N. MAIN STREET
PORTERVILLE, CA 93257-3737
Ship To

CITY OF PORTERVILLE

S/E CORNER OF W OLIVE AVE

AND COBB STREET
P.O. No. Terms
30 DAYS NET
Project
NOTE:THIS PROPOSAL MAYBE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. PLEASE SIGN FOR ACCEPTANCE.

Phone #
559-568-0178
Fax #
559-568-2467
Web Site
vollmerexcavation.com
Total
Subtotal
Sales Tax (7.75%)
Vollmer Excavation, Inc.
19760 Road 222
Strathmore, CA 93267
Description Qty Cost Total
CONCRETE RAMP REPLACEMENT:

SAW CUT AS NEEDED, REMOVE CURB RAMP AND A PORTION

OF SIDE WALK GRADE & COMPACT SUBGRADE WITH EXISTING

SOIL, SET FORMS AND POUR CONCRETE PER CITY

SATISFACTION, CONNECTING TO EXISTING SIDE WALK (MAY
NOT MEET ADA REQUIREMENTS) 24" STREET PAVE OUT AS
NEEDED
19,867.00 19,867.00
NOTE:

PRICE IS BASED ON PREVAILING WAGE
$19,867.00
$19,867.00
$0.00
3URSRVD
Date
2/15/2024
Estimate #
4544
Name / Address

CITY OF PORTERVILLE
ATTN: FABIAN
291 N. MAIN STREET
PORTERVILLE, CA 93257-3737
Ship To

COBB STREET IMPROVEMENTS
P.O. No. Terms
30 DAYS NET
Project
NOTE:THIS PROPOSAL MAYBE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. PLEASE SIGN FOR ACCEPTANCE.

Phone #
559-568-0178
Fax #
559-568-2467
Web Site
vollmerexcavation.com
7RWDO
6XEWRWDO
6DOHV7D[

Vollmer Excavation, Inc.
19760 Road 222
Strathmore, CA 93267
Description Qty Cost Total
COBB STREET RESIDENTIAL STREET IMPROVEMENTS:

SAW CUT REMOVE 3,468 SQFT OF ASPHALT, CUT SUBGRADE &
COMPACT SUBGRADE TO 95% RELATIVE COMPACTION PLACE
7" OF CLASS II ROAD BASE AND PAVE BACK WITH 2 1/2" OF 1/2" 64 - 10 ASPHALT
3,468 14.35 49,765.80
*BASED ON PREVAILING WAGE*
$49,765.80
$49,765.80
$0.00
Item No. 2.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Authorization to Advertise for Bids - Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue)
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Main Street Reconstruction Project, Phase 2 between Garden Avenue and Putnam Avenue.

The project will consist of the removal and replacement of existing asphalt. The project also includes the installation of a new barrier curb and gutter, detectable warnings, and conduit for fiber optic line.

The Engineer's Estimate of Probable Cost for the project is $1,214,704.70. An additional $121,470 is necessary for construction contingency (10%) and $121,470 is required for construction management, surveying, quality control, and inspection services (10%), equating to a total construction cost of $1,457,644.70.

Funding for this project is provided from Road Maintenance Rehabilitation Account (SB1/Special Gas Tax Funds) in an amount up to $1,603,387. SB1 Funds remaining after this project is complete are to be applied to the Main Street Reconstruction Project, Phase 2B between Olive Avenue and Garden Avenue.

RECOMMENDATION: That the City Council:

1. Approve staff's recommended Plans and Project Manual;

2. Authorize staff to advertise for bids on the project;and

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

ATTACHMENTS: 1. Locator Map

2. Engineer's Estimate of Probable Cost
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 2.

Main Street Reconstruction Project, Phase 2 (Putnam Avenue to Garden Avenue) ACCT #89-91101
Comments
Item Qty. Unit Description Unit Total
1 1 LS Mobilization & Demobilization $80,000.00 $80,000.00 2 1 LS Prepare and Maintain Traffic Control
Plan $15,000.00 $15,000.00
3 1 LS Demolition & Roadway Excavation $80,000.00 $80,000.00 4 16000 SF Demolition, Removal and Dispose of
Concrete Roadway $2.00 $32,000.00
5 7 EA Remove Existing Traffic Loop
Detectors $400.00 $2,800.00
6 1 LS Perform Utility Potholing $20,000.00 $20,000.00
7 50 LF Construct City Std. Barrier Curb &
Gutter $85.00 $4,250.00
8 300 LF Construct City Std. Barrier Curb $60.00 $18,000.00 9 3 EA Construct Concrete Collar around
Existing Decorative City Catch Basin $3,000.00 $9,000.00 10 5 EA Reconstruct Decorative City Catch
Basin to Grade with Collar $5,000.00 $25,000.00
11 60 LF Reconstruct Decorative Grate and
Trench Drain to Grade $300.00 $18,000.00
12 470 SF Furnish and Install Detectable Warning
Surface $50.00 $23,500.00
13 901 LF
Furnish and Install 4" PVC Conduit,
including Trench Pavement
Restoration $110.00 $99,110.00
14 6 EA Furnish and Install Utility Box and
Sweeps $5,000.00 $30,000.00
15 6 EA Bore 4" Conduit at Decorative
Crosswalk $3,000.00 $18,000.00
16 675 LF Concrete Gutter at Existing Curb $85.00 $57,375.00 17 900 SF Trench Pavement Restoration $30.00 $27,000.00 18 3900 SF Intersection Pavement Cold Planing
(1.5" depth) $3.50 $13,650.00
19 1,100 TON Furnish and Place Hot Mix Asphalt
Overlay $230.00 $253,000.00
20 1,325 CY Furnish and Place Class 2 Base $80.00 $106,000.00 21 1 LS Signing, Striping, and Pavement
Markings $20,000.00 $20,000.00
22 3 EA Reconstruct Existing Survey
Monuments $2,200.00 $6,600.00
23 9 EA Adjust Water Valve to Grade $2,000.00 $18,000.00 61 EA Furnish and Install 24" Box Street
Trees (All Phases) $460.00 $28,060.00
24 13276 LF Furnish and Install Landscape Material
(All Phases) $5.00 $66,380.00
25 13276 LF Furnish and Install Irrigation ( All
Phases) $2.00 $26,552.00
26 1 EA
Furnish and Install 6" Fire Service with
all appropriate valves and
appurtenances. $7,000.00 $7,000.00
$1,104,277.00
$110,427.70
$1,214,704.70
Engineer's Estimate
10% Contingencies
TOTAL
Subtotal
Item No. 3.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Authorization to Negotiate a Consultant Services Agreement for the Development of a Consolidated Plan and Other Community Development Block Grant (CDBG) Updates
SOURCE: Community Development
COMMENT: On March 5, 2024, the City Council authorized staff to distribute a Request for Proposals (RFP) No. 23/24-SR1970 for professional consulting services to prepare the City’s required five-year Community Development Block Grant (CDBG) Consolidated Plan for 2025/26-2029/30; update the City’s Analysis of Impediments to Fair Housing Choices (AI) or prepare an Assessment for Fair Housing (AFH) if required by HUD; and review and update the City’s internal CDBG Policies and Procedures Manual and associated sample forms.

The RFP was open from March 8, 2024 through April 9, 2024. The City received three responses from Chrysalis Research + Consulting, LLC, Resource Consultants and J-QUAD Planning Group. Each proposal was ranked to determine if it met the minimum criteria in the RFP. Following the rating and ranking of the proposals, two firms were found to meet the desired qualifications: J-QUAD, with a project cost of $60,000 and Resource Consultants, with a project cost of $52,425. The proposals received were within the budget for this project, which is to be funded by the General Fund.

After conducting interviews with the two highest-ranked firms, staff is requesting authorization to negotiate a contract with Resource Consultants.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a contract with Resource Consultants not to exceed $52,425 for the preparation of the U.S.

Department of Housing and Urban Development (HUD) 2025/26- 2029/30 Consolidated Plan, Analysis of Impediments to Fair Housing, and Other Community Development Block Grant
(CDBG) Updates;

2. Authorize the Mayor to execute the contract; and

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

ATTACHMENTS: 1. Draft Consultant Agreement
Appropriated/Funded:

Item No. 3.

Review By:

Department Director:

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

CITY OF PORTERVILLE

AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this _____ day of __________, _____, between the CITY OF PORTERVILLE, a municipal corporation, hereinafter referred to as "City" and _______________, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Consultant shall perform all of these services to the satisfaction of the City. Consultant represents and warrants that it has the qualifications, experience, licenses and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law.

2. STATUS OF CONSULTANT. Consultant is, and shall at all times, remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement.

3. CONSULTANT KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall beliable, at law or in equity, as a result of any failure of Consultant to comply with this section.

4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof.

The total compensation, including reimbursement for actual expenses, shall not exceed $_______________________ unless additional compensation is approved in writing by the City Council or City Manager. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the City disputes any of Consultant’s fees, it shall give written notice to Consultant in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said additional services.

7. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer any of portion this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of thisAgreement.

8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City, or its designees, at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five years after receipt of final payment.

9. TERMINATION OF AGREEMENT. This Agreement will commence on _________ and shall terminate on __________, unless otherwise extended by written agreement of the parties. This Agreement may be terminated with or without cause by either party upon ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination.

10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

12. RELEASE OF INFORMATION. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code §6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

If Consultant or any of its officers, employees, Consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees.

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. CONFLICTS OF INTEREST. Consultant covenants that neither Consultant nor any officer or principal of Consultant's firm has any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services herein. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Consultant's principles, officers, employees or agents shall file disclosure statements pursuant to the Political Reform Act, Government Code Section 87200.

City understands and acknowledges that Consultant is, as of the effective date of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section, unless otherwise proscribed by law.

14. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to the Consultant. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.

15. INDEMNIFICATION. To the fullest extent permitted by law, City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, and hold harmless the Indemnitees from and against, any and all liabilities, claims, obligations, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), arising out of Consultant’s performance of its obligations under this Agreement or out of the operations conducted by Consultant, including City’s active or passive negligence except for such loss or damage arising out of the sole negligence or willful misconduct of the City.

If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the City, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 16 shall ensure Consultant's obligations under this paragraph 15, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 15 shall survive the expiration or earlier termination of this agreement.

16. INSURANCE. The Consultant agrees to maintain in force at all times the following insurance with a current A.M. Best's rating of no less than A:VII:

A. Worker's Compensation insurance covering employees of the Consultant in such amounts as required by law.

B. Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000), naming the City as an additional insured.

C. Professional liability insurance in an amount of Two Million Dollars ($2,000,000).

D. Errors and Omissions liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence.

E. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.

F. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

G. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after (30) day's prior written notice by Certified Mail, Return Receipt Requested, has been given to the City.

H. Consultant shall furnish the City Clerk annually with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications in the form of a Certificate of Insurance.

17. NON-DISCRIMINATION CLAUSE. Consultant shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status, or any other classification protected by law in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts and order.

18. FEDERAL IMMIGRATION AND NATIONALITY ACT. To the extent required by all applicable laws, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Consultant so employ unauthorized persons for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized persons, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.

19. ENTIRE AGREEMENT. This Agreement is the complete, final, entire, and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding.

20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

21. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each other party, as follows:

A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and
B. That each party has lawfully authorized the execution of this Agreement.

22. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is entered into and is to be performed in Tulare County, California.

23. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void.

24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder.

25. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be in writing and shall be personally delivered, or sent by facsimile and certified mail, postage prepaid and return receipt requested, on the party to be notified, addressed as follows:

To City
Attention: Claudia Calderon
City of Porterville
291 N Main St.

Porterville, CA 93257
To Consultant
Attention: _________
Insert Consultant Name
Address
The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service.

26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of thisAgreement.

27. ATTORNEYS’ FEES. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys’ fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PORTERVILLE CONSULTANT NAME
__________________________ __________________________
Martha A. Flores, Mayor Insert Name
Item No. 4.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Program Supplement to the Administering Agency-State Agreement - Butterfield Stage Corridor
SOURCE: Engineering and Project Management
COMMENT: The Department of Transportation has submitted Program Supplement No.

A506 Administering Agency-State Agreement for State Funded Projects No. 06-5122S21 and requests that the City execute said agreement. The executed agreement shall become a part of the Agency-State Agreement for State Funded Projects No. 06-5122S21.

The attached Program Supplement is for the construction of the Butterfield Stage Corridor and provides for the $7,100,000 in Alternate Transportation Program (ATP) grant funds.

RECOMMENDATION: That City Council:
1) Approve the program supplement by adopting a Resolution authorizing the Mayor to sign the subject program supplement; and
2) Direct the City Clerk to return the signed program supplement to Engineering & Project Management Director for submittal to the Department of Transportation.

ATTACHMENTS: 1. Program Supplement No. A506

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
00000A506
FOR STATE FUNDED PROJECTS NO 06-5122S21
0623000213
April 11, 2024
06-TUL-0-PTRV
ATPL-5122(093)
5122
This Program Supplement, effective 03/22/2024, hereby adopts and incorporates into the Administering Agency-State Agreement No. 06-5122S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 03/13/2024 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Butterfield Stage Corridor
Development of an active transportation corridor (approx. 3.9 miles in length) to include solar ligh

0.0(MILES)
Estimated Cost State Funds Matching Funds

CITY OF PORTERVILLE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$20,131,833.36 $0.00 $13,031,833.36
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$7,100,000.00
STATE $7,100,000.00
Program Supplement 06--512-A506- SERIAL 1Page of 4
04/30/2024

SPECIAL COVENANTS OR REMARKS
06-TUL-0-PTRV
ATPL-5122(093)

1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.

C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.

Program Supplement 06--512-A506- SERIAL Page 2 of 4

SPECIAL COVENANTS OR REMARKS
06-TUL-0-PTRV
ATPL-5122(093)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.

ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.

ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 06--512-A506- SERIAL Page 3 of 4

SPECIAL COVENANTS OR REMARKS
06-TUL-0-PTRV
ATPL-5122(093)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.

K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

1. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 06--512-A506- SERIAL Page 4 of 4
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE AUTHORIZING THE MAYOR TO SIGN
PROGRAM SUPPLEMENT NO. A506

TO ADMINISTERING THE AGENCY-STATE AGREEMENT
FOR STATE-AID PROJECTS NO. 06-5122S21
BE IT RESOLVED by the City Council of the City of Porterville that the Mayor is hereby authorized to execute the document known as Program Supplement No. A506 to administering Agency-State Agreement for State-Aid Projects No. 06-5122S21, for the construction phase of the Butterfield Stage Corridor Project.

PASSED, ADOPTED AND APPROVED this 21st day of May, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City
Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 5.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Renewal of Airport Lease Agreement Lot No. 34B SOURCE: Finance
COMMENT: Ray Swiney is the current leaseholder of Lot No. 34B at the Porterville Municipal Airport. The current lease expires on May 31, 2024. The City has received a request from Ray Swiney dated April 17, 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 Ray Swiney for Lot No. 34B 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

1 LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the 21st day of May, 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 Ray Swiney, 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 activities incidental 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 34B 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. 2 The parties will follow Charter Section 68 concerning the determination of 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 onsite 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. 3 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.

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 4 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 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 5 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 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 policies in the amount of not less than 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 6 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, 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 7 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 hereof shall be 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: Ray Swiney
P.O. Box 765
Springville, CA 93265
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 8 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 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 lender shall have the right at any time during the term of the loan and while this Lease is in 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 at such 9 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 all security devices or instruments shall 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 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 recover shall 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 10 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 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, 11 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 of said 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 as set 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 a Court 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 12 declare 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.
13 CITY OF PORTERVILLE LESSEE
By: _____________________________ By: _______________________________ Martha A. Flores, Mayor Ray Swiney

ATTEST:

By: ___________________________________
Patrice Hildreth, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Julia M. Lew, City Attorney

Item No. 6.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Department of Finance Population Update
SOURCE: Community Development
COMMENT: The Community Development Department has received a summary report of Porterville’s estimated population and housing data prepared by the State Department of Finance (DOF). The DOF prepares these estimates based on information supplied by the City during the previous year, such as new housing units, demolitions, conversions, annexations and other factors, and comparing figures from the 2023 benchmark or a prior year’s estimate. Annually, the Community Development Department reviews these estimates and forwards them to the City Council for review and adoption. After Council adoption, the City submits a request for certification to the State Controller.

After certification by the State, the January 1, 2024, population estimate of 63,934 for the City of Porterville becomes the basis used to distribute certain State subvention revenues to the City. The 2023 estimate was 62,508. The 2024 estimate is an increase of .7% or 426 persons.

RECOMMENDATION: That the City Council authorize the Mayor to sign a request for State certification for the City of Porterville, January 1, 2024, at a population of 62,934.

ATTACHMENTS: 1. Department of Finance Population Letter

2. DOF Population Worksheet
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
May 22, 2024
Department of Finance
Demographic Research Unit
915 “L” Street, 8th Floor
Sacramento, CA 95814
To Whom It May Concern:

On May 1, 2024, the City of Porterville received Porterville’s estimated population and housing data for 2023 from the State Department of Finance.

On May 21, 2024, the Porterville City Council adopted Porterville’s new estimated population of 62,934 and authorized transmittal of this correspondence requesting the State Controller to certify Porterville’s January 1, 2024, population as 62,934 by Minute Order No. _______.

Sincerely,
Martha A. Flores
Mayor
City of Porterville
California Department of Finance
Demographic Research Unit
Report E-1 & E-1H
Population and Housing Estimates for Cities, Counties, and the State January 1, 2023 and 2024
Released: May 1, 2024
Table of Contents (links to internal worksheets)
City and County Population Estimates, January 1, 2023 and 2024 County and State Population Estimates, January 1, 2023 and 2024 City and County Housing Estimates, January 1, 2023 and 2024 County and State Housing Estimates, January 1, 2023 and 2024 For more information:
https://dof.ca.gov/forecasting/demographics/estimates-e1/ Data Prepared by:

Demographic Research Unit
California Department of Finance
e-mail: [email protected]
phone: 916-323-4086
About the Data
E-1: City/County Population Estimates with Annual Percent Change January 1, 2023 and 2024
Total Population Percent
State/County/City 1/1/2023 1/1/2024 Change
California 39,061,058 39,128,162 0.2
Alameda 1,650,656 1,641,869 -0.5
Alameda 77,237 78,071 1.1
Albany 20,354 20,325 -0.1
Berkeley 125,181 125,327 0.1
Dublin 72,681 72,917 0.3
Emeryville 12,686 13,314 5.0
Fremont 230,713 229,250 -0.6
Hayward 160,699 159,770 -0.6
Livermore 85,235 84,828 -0.5
Newark 47,762 46,635 -2.4
Oakland 427,305 425,093 -0.5
Piedmont 10,878 10,782 -0.9
Pleasanton 76,861 75,960 -1.2
San Leandro 87,984 87,098 -1.0
Union City 67,279 66,432 -1.3
Balance of County 147,801 146,067 -1.2
Alpine 1,183 1,179 -0.3
Amador 39,924 39,611 -0.8
Amador 196 193 -1.5
Ione 8,842 8,856 0.2
Jackson 4,933 4,867 -1.3
Plymouth 1,063 1,061 -0.2
Sutter Creek 2,589 2,553 -1.4
Balance of County 22,301 22,081 -1.0
Butte 206,579 205,928 -0.3
Biggs 1,951 1,853 -5.0
Chico 107,639 109,589 1.8
Gridley 7,235 6,935 -4.1
Oroville 18,841 18,129 -3.8
Paradise 9,205 10,691 16.1
Balance of County 61,708 58,731 -4.8
Calaveras 44,899 44,842 -0.1
Angels City 3,604 3,587 -0.5
Balance of County 41,295 41,255 -0.1
Colusa 21,831 21,743 -0.4
Colusa 6,429 6,447 0.3
Williams 5,568 5,528 -0.7
Balance of County 9,834 9,768 -0.7
Contra Costa 1,145,274 1,146,626 0.1
Antioch 115,282 115,632 0.3
Brentwood 64,496 64,811 0.5
Clayton 10,687 10,683 0.0
Concord 121,663 121,513 -0.1
Danville 42,736 42,567 -0.4
El Cerrito 25,409 25,700 1.1
Hercules 26,202 26,063 -0.5
Lafayette 24,823 24,808 -0.1
Martinez 36,425 36,439 0.0
Moraga 16,858 16,784 -0.4
Oakley 44,929 45,736 1.8
Orinda 19,231 19,191 -0.2
Pinole 18,278 18,192 -0.5
Pittsburg 74,736 75,085 0.5
Pleasant Hill 33,447 33,352 -0.3
Richmond 113,122 112,735 -0.3
San Pablo 31,163 31,088 -0.2
San Ramon 82,754 82,525 -0.3
Walnut Creek 69,010 69,433 0.6
Balance of County 174,023 174,289 0.2
Del Norte 26,586 26,345 -0.9
Crescent City 5,763 5,564 -3.5
Balance of County 20,823 20,781 -0.2
El Dorado 188,067 188,583 0.3
Placerville 10,527 10,540 0.1
South Lake Tahoe 20,703 20,790 0.4
Balance of County 156,837 157,253 0.3
Fresno 1,010,914 1,017,431 0.6
Clovis 124,361 126,133 1.4
Coalinga 17,191 17,107 -0.5
Firebaugh 8,480 8,415 -0.8
Fowler 7,163 7,367 2.8
Fresno 543,087 546,971 0.7
Huron 6,119 6,348 3.7
Kerman 16,950 17,256 1.8
Kingsburg 12,908 13,042 1.0
Mendota 12,462 12,531 0.6
Orange Cove 9,453 9,516 0.7
Parlier 14,382 14,368 -0.1
Reedley 25,376 25,653 1.1
Sanger 26,286 26,357 0.3
San Joaquin 3,620 3,616 -0.1
Selma 24,395 24,371 -0.1
Balance of County 158,681 158,380 -0.2
Glenn 28,330 28,736 1.4
Orland 8,141 8,537 4.9
Willows 6,317 6,321 0.1
Balance of County 13,872 13,878 0.0
Humboldt 134,597 133,100 -1.1
Arcata 18,830 18,540 -1.5
Blue Lake 1,164 1,149 -1.3
Eureka 26,283 26,073 -0.8
Ferndale 1,376 1,356 -1.5
Fortuna 12,318 12,181 -1.1
Rio Dell 3,290 3,241 -1.5
Trinidad 298 294 -1.3
Balance of County 71,038 70,266 -1.1
Imperial 179,623 182,881 1.8
Brawley 27,633 28,345 2.6
Calexico 38,606 39,262 1.7
Calipatria 6,063 6,342 4.6
El Centro 44,346 44,952 1.4
Holtville 5,513 5,583 1.3
Imperial 21,583 22,141 2.6
Westmorland 1,993 2,050 2.9
Balance of County 33,886 34,206 0.9
Inyo 18,890 18,856 -0.2
Bishop 3,853 3,848 -0.1
Balance of County 15,037 15,008 -0.2
Kern 906,165 910,300 0.5
Arvin 19,460 19,651 1.0
Bakersfield 407,835 411,109 0.8
California City 14,822 13,079 -11.8
Delano 51,841 52,484 1.2
Maricopa 1,004 1,004 0.0
McFarland 13,765 13,965 1.5
Ridgecrest 27,745 27,940 0.7
Shafter 21,309 22,226 4.3
Taft 6,944 6,953 0.1
Tehachapi 11,978 11,092 -7.4
Wasco 26,827 27,028 0.7
Balance of County 302,635 303,769 0.4
Kings 151,629 152,627 0.7
Avenal 13,398 13,981 4.4
Corcoran 21,437 21,633 0.9
Hanford 59,034 59,286 0.4
Lemoore 26,929 26,855 -0.3
Balance of County 30,831 30,872 0.1
Lake 66,698 67,001 0.5
Clearlake 16,367 16,553 1.1
Lakeport 4,976 4,982 0.1
Balance of County 45,355 45,466 0.2
Lassen 28,376 28,197 -0.6
Susanville 11,790 11,639 -1.3
Balance of County 16,586 16,558 -0.2
Los Angeles 9,819,312 9,824,091 0.0
Agoura Hills 19,928 19,841 -0.4
Alhambra 81,774 81,811 0.0
Arcadia 55,855 55,783 -0.1
Artesia 16,053 16,019 -0.2
Avalon 3,332 3,313 -0.6
Azusa 49,595 49,420 -0.4
Baldwin Park 70,700 70,660 -0.1
Bell 33,414 33,301 -0.3
Bellflower 77,014 76,990 0.0
Bell Gardens 38,569 38,381 -0.5
Beverly Hills 31,950 31,806 -0.5
Bradbury 905 898 -0.8
Burbank 105,484 105,603 0.1
Calabasas 22,857 22,742 -0.5
Carson 92,403 91,924 -0.5
Cerritos 48,063 47,806 -0.5
Claremont 37,673 37,686 0.0
Commerce 12,055 12,124 0.6
Compton 94,016 93,671 -0.4
Covina 50,390 50,485 0.2
Cudahy 22,327 22,210 -0.5
Culver City 39,859 40,213 0.9
Diamond Bar 53,566 53,335 -0.4
Downey 111,656 111,493 -0.1
Duarte 22,958 23,656 3.0
El Monte 106,697 106,786 0.1
El Segundo 16,978 16,964 -0.1
Gardena 59,896 60,028 0.2
Glendale 192,072 191,586 -0.3
Glendora 51,374 51,209 -0.3
Hawaiian Gardens 13,600 13,560 -0.3
Hawthorne 85,886 85,566 -0.4
Hermosa Beach 19,169 19,088 -0.4
Hidden Hills 1,724 1,727 0.2
Huntington Park 53,384 53,219 -0.3
Industry 427 426 -0.2
Inglewood 106,628 106,065 -0.5
Irwindale 1,488 1,499 0.7
La Canada Flintridge 20,089 20,048 -0.2
La Habra Heights 5,513 5,488 -0.5
Lakewood 80,365 80,162 -0.3
La Mirada 48,271 48,077 -0.4
Lancaster 172,460 172,631 0.1
La Puente 37,530 37,459 -0.2
La Verne 31,678 31,697 0.1
Lawndale 31,026 30,855 -0.6
Lomita 20,397 20,320 -0.4
Long Beach 459,630 458,813 -0.2
Los Angeles 3,804,420 3,814,318 0.3
Lynwood 66,424 66,271 -0.2
Malibu 10,640 10,621 -0.2
Manhattan Beach 34,367 34,195 -0.5
Maywood 24,572 24,451 -0.5
Monrovia 37,563 38,087 1.4
Montebello 61,730 61,930 0.3
Monterey Park 59,599 59,347 -0.4
Norwalk 101,496 101,172 -0.3
Palmdale 166,089 166,055 0.0
Palos Verdes Estates 13,031 12,974 -0.4
Paramount 52,331 52,153 -0.3
Pasadena 138,187 139,692 1.1
Pico Rivera 61,014 60,820 -0.3
Pomona 151,132 152,166 0.7
Rancho Palos Verdes 41,123 40,919 -0.5
Redondo Beach 68,424 68,239 -0.3
Rolling Hills 1,686 1,677 -0.5
Rolling Hills Estates 8,495 8,534 0.5
Rosemead 50,503 50,541 0.1
San Dimas 34,027 33,920 -0.3
San Fernando 23,633 23,643 0.0
San Gabriel 38,648 38,613 -0.1
San Marino 12,350 12,379 0.2
Santa Clarita 231,045 230,428 -0.3
Santa Fe Springs 18,703 18,640 -0.3
Santa Monica 92,598 92,912 0.3
Sierra Madre 10,925 10,909 -0.1
Signal Hill 11,488 11,448 -0.3
South El Monte 19,482 19,441 -0.2
South Gate 92,701 92,729 0.0
South Pasadena 26,367 26,270 -0.4
Temple City 36,040 35,975 -0.2
Torrance 143,433 142,910 -0.4
Vernon 206 205 -0.5
Walnut 27,896 27,867 -0.1
West Covina 108,404 109,105 0.6
West Hollywood 35,229 35,075 -0.4
Westlake Village 7,938 7,902 -0.5
Whittier 87,333 87,527 0.2
Balance of County 999,362 997,587 -0.2
Madera 157,909 159,328 0.9
Chowchilla 18,775 18,930 0.8
Madera 66,269 66,560 0.4
Balance of County 72,865 73,838 1.3
Marin 253,972 252,844 -0.4
Belvedere 2,046 2,043 -0.1
Corte Madera 9,926 9,882 -0.4
Fairfax 7,399 7,371 -0.4
Larkspur 12,638 12,655 0.1
Mill Valley 13,695 13,635 -0.4
Novato 51,694 51,140 -1.1
Ross 2,278 2,272 -0.3
San Anselmo 12,443 12,426 -0.1
San Rafael 59,855 59,585 -0.5
Sausalito 6,894 6,856 -0.6
Tiburon 8,841 8,809 -0.4
Balance of County 66,263 66,170 -0.1
Mariposa 16,968 16,966 0.0
Mendocino 89,556 89,476 -0.1
Fort Bragg 7,027 7,179 2.2
Point Arena 447 445 -0.4
Ukiah 16,176 16,108 -0.4
Willits 4,835 4,830 -0.1
Balance of County 61,071 60,914 -0.3
Merced 285,193 287,303 0.7
Atwater 31,390 31,397 0.0
Dos Palos 5,634 5,633 0.0
Gustine 5,940 5,936 -0.1
Livingston 14,273 14,286 0.1
Los Banos 47,300 47,419 0.3
Merced 90,120 91,837 1.9
Balance of County 90,536 90,795 0.3
Modoc 8,501 8,484 -0.2
Alturas 2,664 2,659 -0.2
Balance of County 5,837 5,825 -0.2
Mono 13,193 12,861 -2.5
Mammoth Lakes 7,305 7,110 -2.7
Balance of County 5,888 5,751 -2.3
Monterey 433,953 437,614 0.8
Carmel-by-the-Sea 3,105 3,122 0.5
Del Rey Oaks 1,559 1,569 0.6
Gonzales 8,384 8,466 1.0
Greenfield 20,155 20,561 2.0
King City 13,968 14,216 1.8
Marina 22,269 22,695 1.9
Monterey 27,189 27,106 -0.3
Pacific Grove 14,872 14,966 0.6
Salinas 160,870 162,037 0.7
Sand City 378 379 0.3
Seaside 30,187 30,197 0.0
Soledad 26,462 26,966 1.9
Balance of County 104,555 105,334 0.7
Napa 134,508 135,029 0.4
American Canyon 21,379 21,758 1.8
Calistoga 5,127 5,142 0.3
Napa 77,074 77,174 0.1
St Helena 5,284 5,314 0.6
Yountville 2,766 2,781 0.5
Balance of County 22,878 22,860 -0.1
Nevada 100,474 100,177 -0.3
Grass Valley 13,478 13,400 -0.6
Nevada City 3,350 3,347 -0.1
Truckee 16,702 16,778 0.5
Balance of County 66,944 66,652 -0.4
Orange 3,141,065 3,150,835 0.3
Aliso Viejo 50,284 50,068 -0.4
Anaheim 339,175 340,160 0.3
Brea 47,886 47,725 -0.3
Buena Park 82,632 82,689 0.1
Costa Mesa 109,765 109,423 -0.3
Cypress 49,291 49,345 0.1
Dana Point 32,721 32,596 -0.4
Fountain Valley 56,233 56,333 0.2
Fullerton 140,756 140,311 -0.3
Garden Grove 169,046 171,024 1.2
Huntington Beach 193,078 192,503 -0.3
Irvine 311,537 314,550 1.0
Laguna Beach 22,433 22,449 0.1
Laguna Hills 30,442 30,315 -0.4
Laguna Niguel 63,865 64,291 0.7
Laguna Woods 17,222 17,148 -0.4
La Habra 61,028 60,901 -0.2
Lake Forest 86,311 86,917 0.7
La Palma 15,131 15,071 -0.4
Los Alamitos 11,970 11,947 -0.2
Mission Viejo 91,221 91,304 0.1
Newport Beach 82,707 82,419 -0.3
Orange 138,842 138,621 -0.2
Placentia 52,182 52,226 0.1
Rancho Santa Margarita 46,507 46,305 -0.4
San Clemente 62,481 62,297 -0.3
San Juan Capistrano 34,627 34,992 1.1
Santa Ana 308,041 310,797 0.9
Seal Beach 24,447 24,350 -0.4
Stanton 38,914 40,297 3.6
Tustin 78,515 78,844 0.4
Villa Park 5,716 5,705 -0.2
Westminster 89,400 89,490 0.1
Yorba Linda 66,268 66,087 -0.3
Balance of County 130,391 131,335 0.7
Placer 410,085 412,844 0.7
Auburn 13,344 13,218 -0.9
Colfax 2,010 1,988 -1.1
Lincoln 52,296 53,231 1.8
Loomis 6,597 6,601 0.1
Rocklin 71,420 71,609 0.3
Roseville 152,726 154,329 1.0
Balance of County 111,692 111,868 0.2
Plumas 18,993 18,841 -0.8
Portola 2,099 2,075 -1.1
Balance of County 16,894 16,766 -0.8
Riverside 2,428,580 2,442,378 0.6
Banning 31,046 31,213 0.5
Beaumont 56,275 57,416 2.0
Blythe 17,224 17,378 0.9
Calimesa 10,909 10,867 -0.4
Canyon Lake 10,846 10,832 -0.1
Cathedral City 51,045 50,911 -0.3
Coachella 42,179 43,173 2.4
Corona 156,268 156,615 0.2
Desert Hot Springs 32,380 32,654 0.8
Eastvale 69,123 68,884 -0.3
Hemet 89,333 89,663 0.4
Indian Wells 4,733 4,797 1.4
Indio 89,978 90,680 0.8
Jurupa Valley 104,599 104,721 0.1
Lake Elsinore 71,351 71,452 0.1
La Quinta 37,824 38,370 1.4
Menifee 109,401 111,560 2.0
Moreno Valley 206,903 207,146 0.1
Murrieta 109,364 109,177 -0.2
Norco 24,893 25,068 0.7
Palm Desert 50,274 50,889 1.2
Palm Springs 43,802 43,791 0.0
Perris 78,424 79,311 1.1
Rancho Mirage 16,868 16,992 0.7
Riverside 315,747 316,690 0.3
San Jacinto 53,746 53,538 -0.4
Temecula 108,173 108,700 0.5
Wildomar 36,093 36,327 0.6
Balance of County 399,779 403,563 0.9
Sacramento 1,576,639 1,578,938 0.1
Citrus Heights 86,056 85,554 -0.6
Elk Grove 177,446 178,679 0.7
Folsom 85,698 88,023 2.7
Galt 25,608 25,785 0.7
Isleton 772 767 -0.6
Rancho Cordova 81,604 82,109 0.6
Sacramento 519,466 520,407 0.2
Balance of County 599,989 597,614 -0.4
San Benito 65,165 65,853 1.1
Hollister 42,547 42,872 0.8
San Juan Bautista 2,032 2,032 0.0
Balance of County 20,586 20,949 1.8
San Bernardino 2,172,694 2,181,433 0.4
Adelanto 36,422 36,131 -0.8
Apple Valley 74,500 74,322 -0.2
Barstow 24,759 24,669 -0.4
Big Bear Lake 4,948 4,958 0.2
Chino 92,546 92,585 0.0
Chino Hills 76,547 76,414 -0.2
Colton 52,841 52,778 -0.1
Fontana 212,772 214,223 0.7
Grand Terrace 12,793 12,771 -0.2
Hesperia 99,338 100,087 0.8
Highland 55,612 55,676 0.1
Loma Linda 24,960 24,965 0.0
Montclair 37,246 37,211 -0.1
Needles 4,780 4,769 -0.2
Ontario 179,555 181,224 0.9
Rancho Cucamonga 172,344 173,316 0.6
Redlands 71,776 72,696 1.3
Rialto 102,367 103,097 0.7
San Bernardino 225,620 226,541 0.4
Twentynine Palms 25,787 25,346 -1.7
Upland 77,849 78,285 0.6
Victorville 136,346 138,202 1.4
Yucaipa 53,635 53,810 0.3
Yucca Valley 21,509 21,594 0.4
Balance of County 295,842 295,763 0.0
San Diego 3,290,423 3,291,101 0.0
Carlsbad 115,045 114,319 -0.6
Chula Vista 276,813 278,247 0.5
Coronado 22,272 21,589 -3.1
Del Mar 3,918 3,919 0.0
El Cajon 104,804 104,180 -0.6
Encinitas 61,254 61,028 -0.4
Escondido 150,571 150,002 -0.4
Imperial Beach 26,109 26,096 0.0
La Mesa 60,753 60,620 -0.2
Lemon Grove 27,517 27,568 0.2
National City 58,374 58,555 0.3
Oceanside 172,186 171,483 -0.4
Poway 48,620 49,273 1.3
San Diego 1,383,623 1,385,379 0.1
San Marcos 94,823 95,998 1.2
Santee 59,574 59,195 -0.6
Solana Beach 12,831 12,887 0.4
Vista 100,113 99,723 -0.4
Balance of County 511,223 511,040 0.0
San Francisco 842,224 843,071 0.1
San Joaquin 783,903 791,408 1.0
Escalon 7,244 7,249 0.1
Lathrop 35,138 37,033 5.4
Lodi 66,164 66,492 0.5
Manteca 88,552 90,917 2.7
Ripon 15,726 15,741 0.1
Stockton 315,685 317,204 0.5
Tracy 95,341 96,609 1.3
Balance of County 160,053 160,163 0.1
San Luis Obispo 279,818 278,469 -0.5
Arroyo Grande 18,039 17,941 -0.5
Atascadero 30,323 30,279 -0.1
El Paso de Robles 30,792 30,907 0.4
Grover Beach 12,542 12,481 -0.5
Morro Bay 10,315 10,261 -0.5
Pismo Beach 7,869 7,846 -0.3
San Luis Obispo 48,249 48,684 0.9
Balance of County 121,689 120,070 -1.3
San Mateo 745,302 741,565 -0.5
Atherton 6,972 6,976 0.1
Belmont 27,180 26,931 -0.9
Brisbane 4,695 4,661 -0.7
Burlingame 30,410 30,513 0.3
Colma 1,426 1,410 -1.1
Daly City 102,513 101,458 -1.0
East Palo Alto 28,957 29,078 0.4
Foster City 32,921 32,581 -1.0
Half Moon Bay 11,328 11,238 -0.8
Hillsborough 11,137 11,116 -0.2
Menlo Park 32,943 33,140 0.6
Millbrae 22,687 23,093 1.8
Pacifica 37,393 37,062 -0.9
Portola Valley 4,283 4,249 -0.8
Redwood City 82,144 81,863 -0.3
San Bruno 42,550 42,152 -0.9
San Carlos 29,700 29,420 -0.9
San Mateo 104,180 103,352 -0.8
South San Francisco 64,765 64,601 -0.3
Woodside 5,176 5,133 -0.8
Balance of County 61,942 61,538 -0.7
Santa Barbara 442,342 443,623 0.3
Buellton 4,968 4,970 0.0
Carpinteria 12,734 12,744 0.1
Goleta 32,503 32,515 0.0
Guadalupe 8,582 8,676 1.1
Lompoc 43,591 43,610 0.0
Santa Barbara 85,382 85,679 0.3
Santa Maria 109,687 110,608 0.8
Solvang 5,660 5,663 0.1
Balance of County 139,235 139,158 -0.1
Santa Clara 1,902,799 1,903,198 0.0
Campbell 43,191 43,095 -0.2
Cupertino 59,656 59,471 -0.3
Gilroy 60,548 61,033 0.8
Los Altos 31,316 31,255 -0.2
Los Altos Hills 8,477 8,476 0.0
Los Gatos 33,368 33,230 -0.4
Milpitas 81,635 81,773 0.2
Monte Sereno 3,564 3,582 0.5
Morgan Hill 46,333 46,384 0.1
Mountain View 84,463 86,535 2.5
Palo Alto 68,112 67,973 -0.2
San Jose 970,772 969,491 -0.1
Santa Clara 132,386 132,048 -0.3
Saratoga 30,845 30,819 -0.1
Sunnyvale 157,187 157,566 0.2
Balance of County 90,946 90,467 -0.5
Santa Cruz 263,338 262,572 -0.3
Capitola 9,558 9,497 -0.6
Santa Cruz 62,929 62,776 -0.2
Scotts Valley 11,872 11,816 -0.5
Watsonville 50,820 51,032 0.4
Balance of County 128,159 127,451 -0.6
Shasta 179,122 179,195 0.0
Anderson 10,994 10,943 -0.5
Redding 92,164 92,446 0.3
Shasta Lake 10,162 10,131 -0.3
Balance of County 65,802 65,675 -0.2
Sierra 3,187 3,171 -0.5
Loyalton 727 724 -0.4
Balance of County 2,460 2,447 -0.5
Siskiyou 43,479 43,409 -0.2
Dorris 838 836 -0.2
Dunsmuir 1,658 1,651 -0.4
Etna 667 665 -0.3
Fort Jones 676 674 -0.3
Montague 1,202 1,199 -0.2
Mount Shasta 3,211 3,203 -0.2
Tulelake 872 870 -0.2
Weed 2,692 2,710 0.7
Yreka 7,820 7,805 -0.2
Balance of County 23,843 23,796 -0.2
Solano 445,506 446,426 0.2
Benicia 26,255 26,033 -0.8
Dixon 19,060 19,403 1.8
Fairfield 120,036 120,339 0.3
Rio Vista 9,969 10,004 0.4
Suisun City 28,543 28,840 1.0
Vacaville 101,272 102,173 0.9
Vallejo 122,220 121,558 -0.5
Balance of County 18,151 18,076 -0.4
Sonoma 479,445 478,152 -0.3
Cloverdale 8,808 8,710 -1.1
Cotati 7,381 7,303 -1.1
Healdsburg 11,020 10,985 -0.3
Petaluma 58,457 58,445 0.0
Rohnert Park 43,838 43,821 0.0
Santa Rosa 175,013 174,890 -0.1
Sebastopol 7,366 7,295 -1.0
Sonoma 10,636 10,532 -1.0
Windsor 25,628 25,394 -0.9
Balance of County 131,298 130,777 -0.4
Stanislaus 545,753 548,744 0.5
Ceres 49,035 49,319 0.6
Hughson 7,539 7,711 2.3
Modesto 216,734 217,862 0.5
Newman 12,103 12,121 0.1
Oakdale 22,942 23,008 0.3
Patterson 24,426 24,790 1.5
Riverbank 24,614 25,006 1.6
Turlock 70,885 71,273 0.5
Waterford 9,103 9,110 0.1
Balance of County 108,372 108,544 0.2
Sutter 98,248 100,110 1.9
Live Oak 9,448 9,668 2.3
Yuba City 68,984 70,256 1.8
Balance of County 19,816 20,186 1.9
Tehama 64,710 64,308 -0.6
Corning 8,053 8,076 0.3
Red Bluff 14,435 14,300 -0.9
Tehama 425 422 -0.7
Balance of County 41,797 41,510 -0.7
Trinity 15,944 15,915 -0.2
Tulare 474,680 478,918 0.9
Dinuba 25,458 25,573 0.5
Exeter 10,171 10,179 0.1
Farmersville 10,146 10,327 1.8
Lindsay 12,461 12,594 1.1
Porterville 62,508 62,934 0.7 426
Tulare 69,565 70,799 1.8
Visalia 142,968 144,532 1.1
Woodlake 7,700 7,713 0.2
Balance of County 133,703 134,267 0.4
Tuolumne 54,626 54,407 -0.4
Sonora 5,119 5,132 0.3
Balance of County 49,507 49,275 -0.5
Ventura 825,960 823,863 -0.3
Camarillo 69,256 69,014 -0.3
Fillmore 16,965 17,061 0.6
Moorpark 35,286 35,114 -0.5
Ojai 7,537 7,533 -0.1
Oxnard 197,737 197,536 -0.1
Port Hueneme 21,077 20,916 -0.8
San Buenaventura 107,780 107,569 -0.2
Santa Paula 31,400 31,355 -0.1
Simi Valley 124,165 124,029 -0.1
Thousand Oaks 123,111 122,643 -0.4
Balance of County 91,646 91,093 -0.6
Yolo 220,454 221,666 0.5
Davis 64,922 65,054 0.2
West Sacramento 54,251 54,278 0.0
Winters 7,538 7,587 0.7
Woodland 60,052 60,672 1.0
Balance of County 33,691 34,075 1.1
Yuba 82,814 83,721 1.1
Marysville 12,666 12,752 0.7
Wheatland 3,826 3,893 1.8
Balance of County 66,322 67,076 1.1
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: https://dof.ca.gov/forecasting/demographics/estimates-e1/ Released on May 1, 2024
About the Data
E-1: State/County Population Estimates with Annual Percent Change January 1, 2023 and 2024
Total Population Percent
State/County 1/1/2023 1/1/2024 Change
California 39,061,058 39,128,162 0.2
Alameda 1,650,656 1,641,869 -0.5
Alpine 1,183 1,179 -0.3
Amador 39,924 39,611 -0.8
Butte 206,579 205,928 -0.3
Calaveras 44,899 44,842 -0.1
Colusa 21,831 21,743 -0.4
Contra Costa 1,145,274 1,146,626 0.1
Del Norte 26,586 26,345 -0.9
El Dorado 188,067 188,583 0.3
Fresno 1,010,914 1,017,431 0.6
Glenn 28,330 28,736 1.4
Humboldt 134,597 133,100 -1.1
Imperial 179,623 182,881 1.8
Inyo 18,890 18,856 -0.2
Kern 906,165 910,300 0.5
Kings 151,629 152,627 0.7
Lake 66,698 67,001 0.5
Lassen 28,376 28,197 -0.6
Los Angeles 9,819,312 9,824,091 0.0
Madera 157,909 159,328 0.9
Marin 253,972 252,844 -0.4
Mariposa 16,968 16,966 0.0
Mendocino 89,556 89,476 -0.1
Merced 285,193 287,303 0.7
Modoc 8,501 8,484 -0.2
Mono 13,193 12,861 -2.5
Monterey 433,953 437,614 0.8
Napa 134,508 135,029 0.4
Nevada 100,474 100,177 -0.3
Orange 3,141,065 3,150,835 0.3
Placer 410,085 412,844 0.7
Plumas 18,993 18,841 -0.8
Riverside 2,428,580 2,442,378 0.6
Sacramento 1,576,639 1,578,938 0.1
San Benito 65,165 65,853 1.1
San Bernardino 2,172,694 2,181,433 0.4
San Diego 3,290,423 3,291,101 0.0
San Francisco 842,224 843,071 0.1
San Joaquin 783,903 791,408 1.0
San Luis Obispo 279,818 278,469 -0.5
San Mateo 745,302 741,565 -0.5
Santa Barbara 442,342 443,623 0.3
Santa Clara 1,902,799 1,903,198 0.0
Santa Cruz 263,338 262,572 -0.3
Shasta 179,122 179,195 0.0
Sierra 3,187 3,171 -0.5
Siskiyou 43,479 43,409 -0.2
Solano 445,506 446,426 0.2
Sonoma 479,445 478,152 -0.3
Stanislaus 545,753 548,744 0.5
Sutter 98,248 100,110 1.9
Tehama 64,710 64,308 -0.6
Trinity 15,944 15,915 -0.2
Tulare 474,680 478,918 0.9
Tuolumne 54,626 54,407 -0.4
Ventura 825,960 823,863 -0.3
Yolo 220,454 221,666 0.5
Yuba 82,814 83,721 1.1
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: https://dof.ca.gov/forecasting/demographics/estimates-e1/ Released on May 1, 2024
About the Data
E-1H: City/County Housing Estimates with Annual Percent Change January 1, 2023 and 2024
Total Housing Percent
State/County/City 1/1/2023 1/1/2024 Change
California 14,708,894 14,824,827 0.8
Alameda 641,809 647,509 0.9
Alameda 33,959 34,931 2.9
Albany 7,967 8,051 1.1
Berkeley 53,734 54,438 1.3
Dublin 25,304 25,766 1.8
Emeryville 7,853 8,356 6.4
Fremont 81,065 81,348 0.3
Hayward 53,564 53,997 0.8
Livermore 33,157 33,442 0.9
Newark 16,153 15,983 -1.1
Oakland 187,734 189,706 1.1
Piedmont 3,979 3,997 0.5
Pleasanton 29,776 29,820 0.1
San Leandro 33,223 33,252 0.1
Union City 21,960 21,973 0.1
Balance of County 52,381 52,449 0.1
Alpine 1,550 1,550 0.0
Amador 19,070 19,172 0.5
Amador 119 119 0.0
Ione 2,203 2,234 1.4
Jackson 2,418 2,418 0.0
Plymouth 513 520 1.4
Sutter Creek 1,432 1,433 0.1
Balance of County 12,385 12,448 0.5
Butte 93,243 94,737 1.6
Biggs 690 695 0.7
Chico 46,678 47,323 1.4
Gridley 2,651 2,693 1.6
Oroville 7,846 8,001 2.0
Paradise 4,365 4,729 8.3
Balance of County 31,013 31,296 0.9
Calaveras 27,741 27,839 0.4
Angels City 1,918 1,918 0.0
Balance of County 25,823 25,921 0.4
Colusa 8,229 8,261 0.4
Colusa 2,482 2,511 1.2
Williams 1,787 1,787 0.0
Balance of County 3,960 3,963 0.1
Contra Costa 430,712 433,574 0.7
Antioch 38,095 38,420 0.9
Brentwood 22,033 22,262 1.0
Clayton 4,172 4,193 0.5
Concord 47,816 48,017 0.4
Danville 16,341 16,365 0.1
El Cerrito 11,152 11,342 1.7
Hercules 9,575 9,576 0.0
Lafayette 10,124 10,173 0.5
Martinez 15,462 15,564 0.7
Moraga 5,974 5,977 0.1
Oakley 14,381 14,720 2.4
Orinda 7,388 7,413 0.3
Pinole 7,117 7,122 0.1
Pittsburg 24,475 24,724 1.0
Pleasant Hill 14,530 14,567 0.3
Richmond 40,871 40,950 0.2
San Pablo 9,971 10,001 0.3
San Ramon 29,538 29,617 0.3
Walnut Creek 34,759 35,167 1.2
Balance of County 66,938 67,404 0.7
Del Norte 11,227 11,291 0.6
Crescent City 1,874 1,891 0.9
Balance of County 9,353 9,400 0.5
El Dorado 95,278 95,301 0.0
Placerville 4,893 4,902 0.2
South Lake Tahoe 16,028 16,052 0.1
Balance of County 74,357 74,347 0.0
Fresno 346,456 349,217 0.8
Clovis 46,537 47,248 1.5
Coalinga 4,658 4,658 0.0
Firebaugh 2,381 2,365 -0.7
Fowler 2,329 2,398 3.0
Fresno 188,541 190,078 0.8
Huron 1,641 1,704 3.8
Kerman 4,880 4,973 1.9
Kingsburg 4,702 4,756 1.1
Mendota 2,907 2,926 0.7
Orange Cove 2,490 2,509 0.8
Parlier 3,884 3,884 0.0
Reedley 7,537 7,628 1.2
Sanger 7,865 7,894 0.4
San Joaquin 937 937 0.0
Selma 7,282 7,282 0.0
Balance of County 57,885 57,977 0.2
Glenn 11,043 11,201 1.4
Orland 2,983 3,132 5.0
Willows 2,518 2,518 0.0
Balance of County 5,542 5,551 0.2
Humboldt 63,142 63,397 0.4
Arcata 8,668 8,773 1.2
Blue Lake 569 570 0.2
Eureka 12,069 12,090 0.2
Ferndale 732 732 0.0
Fortuna 5,336 5,353 0.3
Rio Dell 1,444 1,443 -0.1
Trinidad 231 231 0.0
Balance of County 34,093 34,205 0.3
Imperial 58,541 58,851 0.5
Brawley 9,236 9,352 1.3
Calexico 11,106 11,148 0.4
Calipatria 1,121 1,128 0.6
El Centro 15,324 15,335 0.1
Holtville 1,841 1,840 -0.1
Imperial 6,797 6,882 1.3
Westmorland 666 676 1.5
Balance of County 12,450 12,490 0.3
Inyo 9,527 9,540 0.1
Bishop 1,958 1,962 0.2
Balance of County 7,569 7,578 0.1
Kern 308,365 310,784 0.8
Arvin 4,917 4,968 1.0
Bakersfield 137,327 138,529 0.9
California City 5,334 5,368 0.6
Delano 12,282 12,406 1.0
Maricopa 432 432 0.0
McFarland 3,480 3,532 1.5
Ridgecrest 12,596 12,692 0.8
Shafter 6,093 6,360 4.4
Taft 2,606 2,607 0.0
Tehachapi 3,820 3,840 0.5
Wasco 6,560 6,651 1.4
Balance of County 112,918 113,399 0.4
Kings 47,205 47,460 0.5
Avenal 2,618 2,618 0.0
Corcoran 4,277 4,292 0.4
Hanford 20,555 20,713 0.8
Lemoore 9,633 9,633 0.0
Balance of County 10,122 10,204 0.8
Lake 34,354 34,514 0.5
Clearlake 7,624 7,716 1.2
Lakeport 2,508 2,512 0.2
Balance of County 24,222 24,286 0.3
Lassen 12,238 12,241 0.0
Susanville 4,288 4,287 0.0
Balance of County 7,950 7,954 0.1
Los Angeles 3,664,191 3,696,408 0.9
Agoura Hills 7,710 7,719 0.1
Alhambra 31,986 32,179 0.6
Arcadia 20,686 20,774 0.4
Artesia 4,771 4,787 0.3
Avalon 2,197 2,197 0.0
Azusa 15,512 15,540 0.2
Baldwin Park 18,352 18,444 0.5
Bell 9,515 9,535 0.2
Bellflower 25,298 25,431 0.5
Bell Gardens 10,224 10,230 0.1
Beverly Hills 16,296 16,313 0.1
Bradbury 361 360 -0.3
Burbank 46,147 46,457 0.7
Calabasas 9,390 9,395 0.1
Carson 27,953 27,974 0.1
Cerritos 16,378 16,381 0.0
Claremont 12,816 12,893 0.6
Commerce 3,525 3,565 1.1
Compton 24,867 24,913 0.2
Covina 17,585 17,717 0.8
Cudahy 5,897 5,899 0.0
Culver City 18,071 18,335 1.5
Diamond Bar 18,850 18,873 0.1
Downey 36,328 36,477 0.4
Duarte 8,351 8,658 3.7
El Monte 30,019 30,212 0.6
El Segundo 7,557 7,593 0.5
Gardena 22,623 22,800 0.8
Glendale 80,779 81,022 0.3
Glendora 18,724 18,767 0.2
Hawaiian Gardens 3,816 3,826 0.3
Hawthorne 31,666 31,723 0.2
Hermosa Beach 10,046 10,059 0.1
Hidden Hills 652 657 0.8
Huntington Park 15,529 15,567 0.2
Industry 74 74 0.0
Inglewood 39,793 39,800 0.0
Irwindale 432 438 1.4
La Canada Flintridge 7,151 7,176 0.3
La Habra Heights 2,025 2,027 0.1
Lakewood 28,019 28,101 0.3
La Mirada 15,516 15,535 0.1
Lancaster 56,000 56,257 0.5
La Puente 10,063 10,100 0.4
La Verne 12,249 12,325 0.6
Lawndale 10,317 10,317 0.0
Lomita 8,601 8,616 0.2
Long Beach 182,441 183,072 0.3
Los Angeles 1,546,228 1,567,926 1.4
Lynwood 15,931 16,032 0.6
Malibu 6,751 6,776 0.4
Manhattan Beach 14,957 14,965 0.1
Maywood 6,726 6,730 0.1
Monrovia 15,547 15,853 2.0
Montebello 20,549 20,731 0.9
Monterey Park 21,615 21,643 0.1
Norwalk 28,738 28,785 0.2
Palmdale 50,094 50,363 0.5
Palos Verdes Estates 5,307 5,313 0.1
Paramount 14,938 14,970 0.2
Pasadena 62,517 63,574 1.7
Pico Rivera 17,516 17,557 0.2
Pomona 43,957 44,503 1.2
Rancho Palos Verdes 16,527 16,541 0.1
Redondo Beach 31,049 31,137 0.3
Rolling Hills 702 702 0.0
Rolling Hills Estates 3,400 3,395 -0.1
Rosemead 15,138 15,234 0.6
San Dimas 13,084 13,115 0.2
San Fernando 6,677 6,717 0.6
San Gabriel 13,564 13,627 0.5
San Marino 4,541 4,577 0.8
Santa Clarita 81,690 81,925 0.3
Santa Fe Springs 6,158 6,171 0.2
Santa Monica 53,422 53,907 0.9
Sierra Madre 5,124 5,145 0.4
Signal Hill 4,770 4,780 0.2
South El Monte 5,181 5,199 0.3
South Gate 25,851 26,003 0.6
South Pasadena 11,211 11,232 0.2
Temple City 12,377 12,423 0.4
Torrance 58,955 59,065 0.2
Vernon 78 78 0.0
Walnut 9,241 9,283 0.5
West Covina 35,394 35,823 1.2
West Hollywood 26,180 26,210 0.1
Westlake Village 3,440 3,443 0.1
Whittier 30,551 30,791 0.8
Balance of County 315,357 317,054 0.5
Madera 51,268 52,118 1.7
Chowchilla 4,547 4,562 0.3
Madera 18,538 18,765 1.2
Balance of County 28,183 28,791 2.2
Marin 112,183 112,507 0.3
Belvedere 1,060 1,065 0.5
Corte Madera 4,206 4,214 0.2
Fairfax 3,508 3,517 0.3
Larkspur 6,469 6,519 0.8
Mill Valley 6,539 6,552 0.2
Novato 21,407 21,502 0.4
Ross 889 892 0.3
San Anselmo 5,567 5,595 0.5
San Rafael 24,699 24,747 0.2
Sausalito 4,439 4,443 0.1
Tiburon 4,059 4,070 0.3
Balance of County 29,341 29,391 0.2
Mariposa 9,788 9,809 0.2
Mendocino 41,718 41,898 0.4
Fort Bragg 3,364 3,451 2.6
Point Arena 226 226 0.0
Ukiah 6,980 6,985 0.1
Willits 2,160 2,169 0.4
Balance of County 28,988 29,067 0.3
Merced 91,465 92,244 0.9
Atwater 10,468 10,477 0.1
Dos Palos 1,803 1,804 0.1
Gustine 2,157 2,157 0.0
Livingston 3,873 3,879 0.2
Los Banos 14,145 14,190 0.3
Merced 31,370 31,997 2.0
Balance of County 27,649 27,740 0.3
Modoc 4,763 4,767 0.1
Alturas 1,395 1,395 0.0
Balance of County 3,368 3,372 0.1
Mono 13,675 13,739 0.5
Mammoth Lakes 9,461 9,495 0.4
Balance of County 4,214 4,244 0.7
Monterey 145,965 146,774 0.6
Carmel-by-the-Sea 3,067 3,071 0.1
Del Rey Oaks 746 748 0.3
Gonzales 2,091 2,103 0.6
Greenfield 4,724 4,800 1.6
King City 3,691 3,733 1.1
Marina 8,444 8,575 1.6
Monterey 13,825 13,850 0.2
Pacific Grove 8,232 8,252 0.2
Salinas 44,939 45,145 0.5
Sand City 197 197 0.0
Seaside 10,847 10,893 0.4
Soledad 4,633 4,755 2.6
Balance of County 40,529 40,652 0.3
Napa 55,910 56,181 0.5
American Canyon 6,501 6,625 1.9
Calistoga 2,427 2,437 0.4
Napa 31,884 31,994 0.3
St Helena 2,856 2,876 0.7
Yountville 1,358 1,361 0.2
Balance of County 10,884 10,888 0.0
Nevada 54,369 54,656 0.5
Grass Valley 6,848 6,859 0.2
Nevada City 1,697 1,701 0.2
Truckee 13,713 13,883 1.2
Balance of County 32,111 32,213 0.3
Orange 1,149,943 1,157,425 0.7
Aliso Viejo 20,189 20,189 0.0
Anaheim 112,351 113,172 0.7
Brea 18,693 18,711 0.1
Buena Park 25,868 25,999 0.5
Costa Mesa 44,269 44,320 0.1
Cypress 16,995 17,088 0.5
Dana Point 16,534 16,542 0.0
Fountain Valley 19,839 19,961 0.6
Fullerton 50,620 50,704 0.2
Garden Grove 49,203 49,972 1.6
Huntington Beach 83,014 83,126 0.1
Irvine 125,211 126,524 1.0
Laguna Beach 13,054 13,120 0.5
Laguna Hills 11,433 11,434 0.0
Laguna Niguel 27,827 28,136 1.1
Laguna Woods 13,414 13,414 0.0
La Habra 20,849 20,896 0.2
Lake Forest 31,631 31,993 1.1
La Palma 5,275 5,277 0.0
Los Alamitos 4,541 4,552 0.2
Mission Viejo 35,116 35,301 0.5
Newport Beach 45,072 45,110 0.1
Orange 48,100 48,165 0.1
Placentia 18,033 18,127 0.5
Rancho Santa Margarita 17,606 17,606 0.0
San Clemente 26,757 26,794 0.1
San Juan Capistrano 12,570 12,758 1.5
Santa Ana 82,058 83,161 1.3
Seal Beach 14,675 14,678 0.0
Stanton 12,102 12,592 4.0
Tustin 28,405 28,649 0.9
Villa Park 2,030 2,035 0.2
Westminster 28,268 28,420 0.5
Yorba Linda 23,763 23,801 0.2
Balance of County 44,578 45,098 1.2
Placer 181,012 184,178 1.7
Auburn 6,415 6,425 0.2
Colfax 963 963 0.0
Lincoln 21,321 21,949 2.9
Loomis 2,567 2,598 1.2
Rocklin 27,106 27,485 1.4
Roseville 61,865 63,231 2.2
Balance of County 60,775 61,527 1.2
Plumas 14,845 14,904 0.4
Portola 1,076 1,076 0.0
Balance of County 13,769 13,828 0.4
Riverside 872,930 882,389 1.1
Banning 12,411 12,530 1.0
Beaumont 18,719 19,199 2.6
Blythe 5,246 5,248 0.0
Calimesa 4,637 4,637 0.0
Canyon Lake 4,583 4,595 0.3
Cathedral City 23,070 23,097 0.1
Coachella 10,380 10,679 2.9
Corona 50,604 50,915 0.6
Desert Hot Springs 11,868 12,006 1.2
Eastvale 18,405 18,413 0.0
Hemet 36,550 36,829 0.8
Indian Wells 5,244 5,335 1.7
Indio 35,947 36,374 1.2
Jurupa Valley 29,354 29,503 0.5
Lake Elsinore 21,918 22,035 0.5
La Quinta 24,233 24,679 1.8
Menifee 39,966 41,146 3.0
Moreno Valley 58,416 58,713 0.5
Murrieta 37,205 37,286 0.2
Norco 7,240 7,257 0.2
Palm Desert 36,308 36,898 1.6
Palm Springs 35,697 35,827 0.4
Perris 19,843 20,297 2.3
Rancho Mirage 14,817 14,985 1.1
Riverside 101,196 101,922 0.7
San Jacinto 16,355 16,355 0.0
Temecula 37,492 37,822 0.9
Wildomar 11,801 11,924 1.0
Balance of County 143,425 145,883 1.7
Sacramento 601,226 606,021 0.8
Citrus Heights 36,233 36,270 0.1
Elk Grove 58,166 58,979 1.4
Folsom 32,083 33,113 3.2
Galt 8,591 8,709 1.4
Isleton 388 388 0.0
Rancho Cordova 30,350 30,751 1.3
Sacramento 207,274 209,119 0.9
Balance of County 228,141 228,692 0.2
San Benito 21,576 21,892 1.5
Hollister 13,006 13,157 1.2
San Juan Bautista 909 912 0.3
Balance of County 7,661 7,823 2.1
San Bernardino 748,186 753,826 0.8
Adelanto 9,739 9,741 0.0
Apple Valley 27,369 27,369 0.0
Barstow 9,623 9,621 0.0
Big Bear Lake 9,546 9,588 0.4
Chino 28,654 28,888 0.8
Chino Hills 26,125 26,142 0.1
Colton 16,775 16,795 0.1
Fontana 58,270 58,993 1.2
Grand Terrace 4,901 4,904 0.1
Hesperia 31,020 31,329 1.0
Highland 17,169 17,230 0.4
Loma Linda 10,390 10,411 0.2
Montclair 10,872 10,888 0.1
Needles 2,734 2,734 0.0
Ontario 55,981 56,836 1.5
Rancho Cucamonga 61,158 61,806 1.1
Redlands 27,681 28,139 1.7
Rialto 28,230 28,523 1.0
San Bernardino 68,768 69,224 0.7
Twentynine Palms 9,570 9,570 0.0
Upland 29,014 29,248 0.8
Victorville 40,473 40,969 1.2
Yucaipa 20,310 20,426 0.6
Yucca Valley 10,026 10,090 0.6
Balance of County 133,788 134,362 0.4
San Diego 1,256,497 1,266,919 0.8
Carlsbad 48,601 48,659 0.1
Chula Vista 89,482 90,639 1.3
Coronado 9,601 9,617 0.2
Del Mar 2,601 2,621 0.8
El Cajon 36,871 36,925 0.1
Encinitas 26,776 26,879 0.4
Escondido 50,655 50,844 0.4
Imperial Beach 10,188 10,220 0.3
La Mesa 26,589 26,732 0.5
Lemon Grove 9,560 9,651 1.0
National City 17,964 18,154 1.1
Oceanside 68,064 68,300 0.3
Poway 17,129 17,494 2.1
San Diego 565,822 571,542 1.0
San Marcos 32,339 32,972 2.0
Santee 22,369 22,391 0.1
Solana Beach 6,643 6,723 1.2
Vista 33,998 34,065 0.2
Balance of County 181,245 182,491 0.7
San Francisco 418,139 420,416 0.5
San Joaquin 262,955 265,558 1.0
Escalon 2,732 2,734 0.1
Lathrop 10,388 10,949 5.4
Lodi 25,647 25,777 0.5
Manteca 30,399 31,218 2.7
Ripon 5,763 5,769 0.1
Stockton 103,808 104,325 0.5
Tracy 30,275 30,681 1.3
Balance of County 53,943 54,105 0.3
San Luis Obispo 126,234 126,908 0.5
Arroyo Grande 8,086 8,101 0.2
Atascadero 12,434 12,506 0.6
El Paso de Robles 12,431 12,570 1.1
Grover Beach 5,923 5,937 0.2
Morro Bay 6,567 6,580 0.2
Pismo Beach 5,861 5,887 0.4
San Luis Obispo 22,845 23,227 1.7
Balance of County 52,087 52,100 0.0
San Mateo 287,979 289,782 0.6
Atherton 2,547 2,578 1.2
Belmont 11,232 11,256 0.2
Brisbane 2,067 2,076 0.4
Burlingame 13,343 13,544 1.5
Colma 526 526 0.0
Daly City 34,049 34,087 0.1
East Palo Alto 8,141 8,270 1.6
Foster City 13,796 13,811 0.1
Half Moon Bay 4,851 4,868 0.4
Hillsborough 4,012 4,051 1.0
Menlo Park 13,912 14,161 1.8
Millbrae 8,788 9,051 3.0
Pacifica 14,749 14,787 0.3
Portola Valley 1,924 1,931 0.4
Redwood City 33,189 33,456 0.8
San Bruno 16,732 16,766 0.2
San Carlos 12,318 12,343 0.2
San Mateo 43,325 43,474 0.3
South San Francisco 23,083 23,291 0.9
Woodside 2,200 2,207 0.3
Balance of County 23,195 23,248 0.2
Santa Barbara 161,456 162,109 0.4
Buellton 2,033 2,036 0.1
Carpinteria 5,723 5,724 0.0
Goleta 13,050 13,067 0.1
Guadalupe 2,349 2,377 1.2
Lompoc 14,692 14,696 0.0
Santa Barbara 38,675 38,845 0.4
Santa Maria 31,113 31,412 1.0
Solvang 2,644 2,648 0.2
Balance of County 51,177 51,304 0.2
Santa Clara 701,539 705,646 0.6
Campbell 18,451 18,510 0.3
Cupertino 21,787 21,837 0.2
Gilroy 18,784 19,040 1.4
Los Altos 11,871 11,912 0.3
Los Altos Hills 3,151 3,168 0.5
Los Gatos 14,006 14,023 0.1
Milpitas 25,769 25,932 0.6
Monte Sereno 1,353 1,367 1.0
Morgan Hill 16,178 16,284 0.7
Mountain View 39,194 40,377 3.0
Palo Alto 29,285 29,383 0.3
San Jose 345,798 347,148 0.4
Santa Clara 53,370 53,519 0.3
Saratoga 11,353 11,405 0.5
Sunnyvale 63,111 63,608 0.8
Balance of County 28,078 28,133 0.2
Santa Cruz 107,165 107,617 0.4
Capitola 5,507 5,516 0.2
Santa Cruz 24,415 24,506 0.4
Scotts Valley 4,994 5,011 0.3
Watsonville 14,699 14,882 1.2
Balance of County 57,550 57,702 0.3
Shasta 80,211 80,577 0.5
Anderson 4,782 4,782 0.0
Redding 40,509 40,772 0.6
Shasta Lake 4,413 4,420 0.2
Balance of County 30,507 30,603 0.3
Sierra 2,140 2,139 0.0
Loyalton 343 343 0.0
Balance of County 1,797 1,796 -0.1
Siskiyou 23,216 23,226 0.0
Dorris 365 365 0.0
Dunsmuir 1,090 1,088 -0.2
Etna 355 355 0.0
Fort Jones 330 330 0.0
Montague 570 570 0.0
Mount Shasta 1,935 1,935 0.0
Tulelake 360 360 0.0
Weed 1,224 1,226 0.2
Yreka 3,777 3,776 0.0
Balance of County 13,210 13,221 0.1
Solano 165,043 166,656 1.0
Benicia 11,385 11,390 0.0
Dixon 6,804 6,989 2.7
Fairfield 41,790 42,404 1.5
Rio Vista 5,351 5,418 1.3
Suisun City 9,528 9,714 2.0
Vacaville 37,360 37,734 1.0
Vallejo 45,568 45,715 0.3
Balance of County 7,257 7,292 0.5
Sonoma 208,234 210,080 0.9
Cloverdale 3,571 3,572 0.0
Cotati 3,238 3,241 0.1
Healdsburg 5,108 5,151 0.8
Petaluma 24,376 24,653 1.1
Rohnert Park 18,324 18,529 1.1
Santa Rosa 71,563 72,353 1.1
Sebastopol 3,614 3,620 0.2
Sonoma 5,761 5,770 0.2
Windsor 9,800 9,823 0.2
Balance of County 62,879 63,368 0.8
Stanislaus 185,622 186,514 0.5
Ceres 13,837 13,880 0.3
Hughson 2,577 2,635 2.3
Modesto 77,702 78,079 0.5
Newman 3,761 3,765 0.1
Oakdale 8,552 8,573 0.2
Patterson 7,128 7,231 1.4
Riverbank 7,634 7,753 1.6
Turlock 25,388 25,512 0.5
Waterford 2,786 2,787 0.0
Balance of County 36,257 36,299 0.1
Sutter 34,882 34,960 0.2
Live Oak 3,001 3,023 0.7
Yuba City 24,236 24,273 0.2
Balance of County 7,645 7,664 0.2
Tehama 27,548 27,601 0.2
Corning 2,941 2,973 1.1
Red Bluff 6,126 6,126 0.0
Tehama 191 191 0.0
Balance of County 18,290 18,311 0.1
Trinity 8,047 8,078 0.4
Tulare 154,698 156,699 1.3
Dinuba 7,291 7,351 0.8
Exeter 3,684 3,695 0.3
Farmersville 2,783 2,843 2.2
Lindsay 3,589 3,641 1.4
Porterville 19,212 19,429 1.1
Tulare 22,122 22,599 2.2
Visalia 50,199 50,951 1.5
Woodlake 2,376 2,384 0.3
Balance of County 43,442 43,806 0.8
Tuolumne 31,589 31,641 0.2
Sonora 2,524 2,524 0.0
Balance of County 29,065 29,117 0.2
Ventura 296,892 297,921 0.3
Camarillo 28,166 28,226 0.2
Fillmore 5,079 5,137 1.1
Moorpark 11,857 11,866 0.1
Ojai 3,522 3,540 0.5
Oxnard 57,407 57,673 0.5
Port Hueneme 8,308 8,310 0.0
San Buenaventura 45,150 45,418 0.6
Santa Paula 9,735 9,776 0.4
Simi Valley 44,695 44,899 0.5
Thousand Oaks 48,295 48,381 0.2
Balance of County 34,678 34,695 0.0
Yolo 83,172 84,103 1.1
Davis 27,738 27,996 0.9
West Sacramento 21,411 21,591 0.8
Winters 2,826 2,867 1.5
Woodland 22,456 22,876 1.9
Balance of County 8,741 8,773 0.4
Yuba 30,893 31,502 2.0
Marysville 5,100 5,099 0.0
Wheatland 1,445 1,490 3.1
Balance of County 24,348 24,913 2.3
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: https://dof.ca.gov/forecasting/demographics/estimates-e1/ Released on May 1, 2024
About the Data
E-1H: State/County Housing Estimates with Annual Percent Change January 1, 2023 and 2024
Total Housing Percent
State/County 1/1/2023 1/1/2024 Change
California 14,708,894 14,824,827 0.8
Alameda 641,809 647,509 0.9
Alpine 1,550 1,550 0.0
Amador 19,070 19,172 0.5
Butte 93,243 94,737 1.6
Calaveras 27,741 27,839 0.4
Colusa 8,229 8,261 0.4
Contra Costa 430,712 433,574 0.7
Del Norte 11,227 11,291 0.6
El Dorado 95,278 95,301 0.0
Fresno 346,456 349,217 0.8
Glenn 11,043 11,201 1.4
Humboldt 63,142 63,397 0.4
Imperial 58,541 58,851 0.5
Inyo 9,527 9,540 0.1
Kern 308,365 310,784 0.8
Kings 47,205 47,460 0.5
Lake 34,354 34,514 0.5
Lassen 12,238 12,241 0.0
Los Angeles 3,664,191 3,696,408 0.9
Madera 51,268 52,118 1.7
Marin 112,183 112,507 0.3
Mariposa 9,788 9,809 0.2
Mendocino 41,718 41,898 0.4
Merced 91,465 92,244 0.9
Modoc 4,763 4,767 0.1
Mono 13,675 13,739 0.5
Monterey 145,965 146,774 0.6
Napa 55,910 56,181 0.5
Nevada 54,369 54,656 0.5
Orange 1,149,943 1,157,425 0.7
Placer 181,012 184,178 1.7
Plumas 14,845 14,904 0.4
Riverside 872,930 882,389 1.1
Sacramento 601,226 606,021 0.8
San Benito 21,576 21,892 1.5
San Bernardino 748,186 753,826 0.8
San Diego 1,256,497 1,266,919 0.8
San Francisco 418,139 420,416 0.5
San Joaquin 262,955 265,558 1.0
San Luis Obispo 126,234 126,908 0.5
San Mateo 287,979 289,782 0.6
Santa Barbara 161,456 162,109 0.4
Santa Clara 701,539 705,646 0.6
Santa Cruz 107,165 107,617 0.4
Shasta 80,211 80,577 0.5
Sierra 2,140 2,139 0.0
Siskiyou 23,216 23,226 0.0
Solano 165,043 166,656 1.0
Sonoma 208,234 210,080 0.9
Stanislaus 185,622 186,514 0.5
Sutter 34,882 34,960 0.2
Tehama 27,548 27,601 0.2
Trinity 8,047 8,078 0.4
Tulare 154,698 156,699 1.3
Tuolumne 31,589 31,641 0.2
Ventura 296,892 297,921 0.3
Yolo 83,172 84,103 1.1
Yuba 30,893 31,502 2.0
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: https://dof.ca.gov/forecasting/demographics/estimates-e1/ Released on May 1, 2024
Item No. 7.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Approval of State Senate Bill 1 (SB1) Project List for Fiscal Year 2024-2025 SOURCE: Engineering and Project Management
COMMENT: In April 2017, the State Legislature passed, and then Governor Brown signed Senate Bill 1 (SB1), which was enacted to address basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and roads system.

The legislation created funding in the Road Maintenance and Rehabilitation Account (RMRA), which will be made available for local streets and roads projects prioritized for expenditures on basic road maintenance and rehabilitation projects. RMRA funding must be used for projects "that include, but are not limited to," the following:
a. Road maintenance and rehabilitation
b. Safety projects
c. Railroad grade separations
d. Traffic control devices
e. Complete streets components, including "active transportation purposes, pedestrian bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project RMRA funds may also be used to satisfy match requirements in order to obtain State or Federal funds for eligible projects.

Local agencies are required to submit a yearly project list to the California Transportation Commission (CTC) to show where RMRA funds will be spent.

The project list must be approved by Resolution through the agency's governing body. Failure to submit a project list will cause a city to lose that year's apportionment. The City will submit an annual report of completion to the CTC to show that RMRA funds were spent properly.

Cities can expect to receive approximately $1,000,000 of RMRA funds per fiscal year, which for Fiscal Year 2024-2025, the City is expected to receive an apportionment of $1,603,387. To receive the RMRA allocation, the City is required to sustain a Maintenance of Effort (MOE) by spending at least the annual average of its General Fund expenditures for streets and transportation purposes during the 2009-2010, 2010-2011, and 2011-2012 Fiscal Years. The MOE amount required by the City of Porterville each fiscal year to receive its RMRA funds apportionment is $693,653.

Item No. 7.

For Fiscal Year 2024-2025, staff recommends that RMRA funds be allocated to the Main Street Reconstruction Project between Putnam Avenue and Olive Avenue that has been listed in the attached draft Resolution as the design is complete and will be ready for construction by the Summer and Fall of 2024.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution for the SB1 project list for FY 2024-2025;

2. Authorize the City Clerk to record the attached draft Resolution; and

3. Authorize staff to submit the project list package to the California Transportation Commission to secure the City's FY 2024-2025 RMRA apportionment.

ATTACHMENTS: 1. Draft Resolution

2. Fiscal Year 2024-2025 RMRA Projected Revenues by City

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

RESOLUTION NO. ___ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS: SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Porterville, hereinafter referred to as the “City” are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS: the “City” must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS: the “City”, will receive an estimated $1,603,387 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS: this is the sixth year in which the “City” is receiving SB 1 funding and will enable the “City” to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS: the “City” has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS: the “City” used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS: the funding from SB 1 will help the “City” maintain and rehabilitate 216 miles of streets/roads, 16 bridges, and add active transportation infrastructure throughout the “City” this year and hundreds of similar projects into the future; and WHEREAS: the April 2023 California Statewide Local Streets and Roads Needs Assessment found that the “City’s” streets and roads are in “Poor” condition and this revenue will help us increase the overall quality of our road system and, over the next decade, will help bring our streets and roads into an “At Lower Risk” to “Good” condition; and

Page 2 of 2 ends

WHEREAS: the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The foregoing recitals are true and correct.

2. The following newly proposed and adopted project will utilize fiscal year 2024-2025 Road Maintenance and Rehabilitation Account revenues in their delivery.

Main Street Reconstruction, Phase 2
Reconstruction of roadway section of two-lane minor arterial roadway, .29 mile in length and 40 feet in width.

Located between Olive Avenue and Putnam Avenue
Estimated Useful Life between 15-20 years
Anticipated Year of Construction Spring 2024
PASSED, APPROVED and ADOPTED this 21st day of May, 2024. __________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
_________________________________
By: Fernando Gabriel-Moraga,
Chief Deputy City Clerk

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Item No. 8.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Request for Proclamation - Freedom Days - June 14 - July 4, 2024 SOURCE: Administrative Services
COMMENT:

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

The Flag Day Committee has requested a proclamation to proclaim June 14 - July 4, 2024, as "Freedom Days" in Porterville. Council Member Meister is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim June 14 - July 4, 2024, as "Freedom Days" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Freedom Days - 2024 Appropriated/Funded: N/A
Review By:

Department Director:

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

Item No. 9.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Parks and Leisure Services Commission Meetings SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Commission has expressed an interest in going on hiatus for the months of June, July, and August, similar to the Library and Literacy Commission and the Youth Commission. The Commission has taken a summer hiatus for the past several years and would still be available to schedule a meeting with a seventy-two (72) hour notice should the need arise. The item was considered and unanimously approved by the Parks and Leisure Services Commission during their most recent meeting on May 2, 2024.

Pursuant to Chapter 19, Article I, Section 19-7 of the Porterville Municipal Code, the Commission is permitted to designate its date and time for meetings. It states, "The Commission shall hold meetings regularly and shall designate the time and place thereof. It shall adopt its own rules of procedure and shall keep a record of its proceedings..."
RECOMMENDATION: That the City Council approve the Parks and Leisure Services Commission's request for a hiatus during the months of June, July, and August 2024, with the Commission being available to meet if necessary.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
Item No. 10.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Consideration of Cancellation of July 2, 2024, City Council Meeting SOURCE: Administrative Services
COMMENT: This year, the first Tuesday of July falls on July 2nd. Given that this meeting date occurs so closely to the Independence Day holiday, staff presents this item for the City Council's consideration in cancelling the July 4th Council Meeting.

In the event items arise that require Council action, a special meeting can be scheduled.

RECOMMENDATION: That the City Council cancel the first Council Meeting in July scheduled for July 2, 2024, due to the Independence Day holiday.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 11.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Approval of Community Civic Event - American Conservatory - Mecca and Second - June 15, 2024
SOURCE: Finance
COMMENT: The American Conservatory is requesting approval to hold the "Mecca and Second" event on Saturday, June 15, 2024, from 2:00 PM to 10:00 PM. The applicant is requesting the closure and use of the alley and the public parking lot behind the Mecca and the adjacent buildings to the south of the Mecca off of Second Street on Saturday, June 15, 2024, from 6:00 AM until 2:00 AM, Sunday, June 16, 2024, to account for set up and cleanup of the event.

The event will feature the "Mecca Olympics" with live music, food vendors, games, and a beer garden in the parking lot behind the Mecca. An outside amplifier permit has been approved from 2:00 PM to 10:00 PM. A 6-foot chain link fence will be required to enclose the entire outside event area to allow for the consumption of alcohol.

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 Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the American Conservatory to hold the "Mecca and Second" event on June 15, 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. 11.

Requirements for Community Civic Event
American Conservatory
Mecca and Second
June 15, 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: No comments.

D. Moore
Police Lieutenant: Please see Exhibit B.

M. Acevedo
Administrative Service Director: Risk Management requires $3M in Y. Andrade general commercial liability coverage,
evidenced by a certificate of insurance
naming the City of Porterville as an
additional insured. The Certificate of
Insurance must also include the
endorsement page.

Field Services Superintendent: No comments.

B. Spry
Field Services Superintendent – Streets: No comments.

J. Baeza
Exhibit A, Page 1

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

OUTDOOR FOOD BOOTH REQUIREMENTS
Authority cited: 2019 California Fire Code (CFC)
These standards apply to individual tents, temporary structures, or membrane structures less than 200 square feet in area, and canopies less than 400 square feet in area used as outdoor carnival and fair booths.

A permit is required before any tent or membrane structure larger than 400 square feet can be erected. (California Fire Code 3103.2)
Tents and membrane structures having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the building official and fire code official.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

2. Tents open on all sides which comply with all the following:
a. Individual tents having a maximum size of 700 square feet. b. Aggregate area of multiple tents placed side by side without 12 feet clearance, not exceeding 700 square feet total. c. A minimum clearance of 12 feet to all structures and other tents.

Definitions
Cooking Booth – Booth where food is prepared by a heating or cooking process such as, but not limited to, grilling, frying, barbecuing, flambe′, deep fat frying, baking, warming, or boiling. Deep fat frying – Any cooking operation or process whereby the product floats or is submerged in hot oil during the cooking process.

Vendor Booth – Any booth other than a cooking booth.

Cooking Booth Construction and Location
• All fabrics or membranes covering cooking booths shall be California State Fire Marshal certified flame retardant and be labeled as such.
• Decorative materials shall be inherently fire resistive or shall be treated with a fire-retardant spray. • Flooring materials used within cooking booths and cooking equipment shall be non-combustible or California State Fire Marshal certified fire-retardant. (Exception 3/8” plywood or similar material.) • Each cooking booth shall have at least one exit-way, a minimum 3’ wide and 6’8” high. Booth frames shall not obstruct exit paths. • Cooking booths shall have a minimum clearance of 10’ on at least two sides with clearance of at least 10’ from any vendor booth. • Minimum 12’ separation required between cooking booths with an aggregate size of 400 sq.ft. with sides, or 700 sq.ft. without sides.

Cooking Equipment
• All interior cooking equipment shall be of an approved type, and open-flame cooking shall be located a minimum of 18” from booth back/side drop materials.
• Compressed gas (butane, propane, or natural) equipment shall conform to the following:
• Shut off valves shall be provided at each fuel source; • Cooking appliances shall have an ON-OFF valve located far enough away from the appliance to be safely shut off in case of fire; • Manufactured cooking appliances shall be equipped with a Thermocouple Valve to shut off fuel if flame is extinguished; • The booth operator shall test all connections for leaks with soap and water solution; • Fuel tanks shall be protected from damage and secured in an upright position; • Hoses shall be of a type approved for use with the equipment and fuel type; • Tanks not in use shall be turned off;
• Extra fuel tanks shall not be stored in booths;
• Unused fuel cylinders shall be stored in a secured position.

PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
Wood, Charcoal (Solid Fuels) Cooking
• Use only an electric starter or commercially sold lighter fluid. • Charcoal cooking and storage of lighter fluid is prohibited inside booths. • Charcoal cooking shall be located a minimum of ten 10’ away from booths and in areas away from public access. • Charcoal cooking shall be located at least ten 10’ away from combustible structures and parked vehicles. • Coals shall be disposed of in metal containers with lids approved by the Fire Marshal.

Deep Fat Frying, Flambé, and Wok
• Deep fat frying, flambé, and wok shall be located no closer than 18” from any combustible material. • Cooking areas shall not be accessible to the public.
• Deep fat frying equipment shall be equipped with a temperature regulating device or other method of regulating temperatures approved by the Fire Marshal.
• Separation shall be maintained with a minimum of 3’ clearance between deep fat frying and flambé or open flame cooking.

Vendor Booth Construction and Location
• Each vendor booth shall have at least one exit-way, a minimum of 3’ wide by 6’8” high. Booth frames shall not obstruct exit paths.
• Vendor booths shall have a minimum clearance of 20’ on at least one side, with clearance of at least 10’ from any cooking booth.

Electrical Power
• Generators shall be placed only in locations approved for festival use. • Generators shall not be refueled during event hours. Extra fuel shall not be stored during event hours. • Smoking and open flames shall be prohibited within 25’ of refueling operations. • Extension cords shall be of a grounded type and approved for exterior use.

Fire Extinguishers
• Each cooking booth shall be equipped with a fire extinguisher with a minimum rating of 2A: 10BC. Booths with deep fat frying or flambé cooking shall be equipped with an extinguisher rated for class “K” fires. • Cooking booths shall be equipped with visible and accessible fire extinguishers mounted adjacent to the exit. • For vendor booths, the maximum travel distance to a fire extinguisher with a minimum rating of 2A: 10BC shall not exceed 75’ • Each generator shall be provided with a fire extinguisher with a minimum 40BC rating. The extinguisher shall be located near the generator and accessible at all times.
• All fire extinguishers shall be serviced and tagged annually by a State-licensed contractor.

Miscellaneous
• The Porterville Fire Department shall be provided with a site plan showing emergency access. • All booths are subject to inspection by the Fire Department and any discrepancies will require immediate action. • All cooking areas shall be cleaned regularly to prevent the build-up of grease. • There shall be a competent adult in cooking booths at all times to ensure safety. • Seating shall be a minimum of 15’ from booths with open flame devices or cooking appliances. • The Fire Department shall be provided with a telephone number of the responsible party to contact in case of emergency on a 24 hour basis.

Fire Safety Tips
• Know where fire extinguishers are and how to use them. • Do not leave cooking unattended.
• Do not wear loose-fitting clothing while cooking.
• Remove trash accumulation regularly.
• Keep combustible materials away from heat sources.
• In case of an emergency dial 9-1-1.

The attached “Food Booth Vendor Agreement” must be on site at all times and presented upon request of any Porterville Fire Department Personnel.

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected] Cooking Booth Vendor Agreement
Booth/Space # Business Name
On Site Contact Name Contact Phone #
Cooking Booth Construction and Location

1. Tents, canopies, and decorative material shall be inherently flame-resistive and proof of certification shall be on site at all times.

2. Cooking booth floors may be concrete, asphalt, or plywood over grass and dirt.

3. An emergency access of 36” shall be maintained between the back of each cooking booth and any fencing at all times. NO EXCEPTIONS.

Cooking Equipment

1. Cooking with charcoal, wood, or other solid fuel shall be located a minimum of 10’ away from booths, canopies, combustible material or any public access.

2. Deep fat frying shall be located a minimum of 3’ away from booths, canopies, open flame cooking, combustible material or any public access.

3. Any open flame cooking shall be located a minimum of 18” away from any vertical surface, combustible material or any public access.

4. Extra fuel tanks shall NOT be stored in booths or within 5’ of cooking equipment.

5. All cooking, gas powered, or electrically energized equipment shall meet manufacturer specifications and shall be free of excess cooking oils or any other combustible materials.

Miscellaneous

1. A visible and accessible, 2A:10BC fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided within 20’ of travel in all cooking areas.

2. A visible and accessible Class K portable fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided in all cooking areas with deep fat frying.

3. All cooking areas shall be cleaned regularly to prevent build-up of combustible substances.

4. Extension cords shall be of a grounded type, approved for exterior use, and in good working order.

5. Smoking is not allowed at any time within food booths or within 25’ of any fuel source.

6. Specialized cooking equipment is subject to approval by the Fire Marshal.

Additional Requirements:

The Porterville Fire Department has established these requirements in accordance with the California Fire Code. Your cooperation is required to maintain a high level of fire safety throughout the event. All booths are subject to fire department inspection prior to and at any time during the event. Any discrepancies to the above requirements or any conditions considered a threat to fire and life safety by the Fire Inspector may result in the immediate cessation of cooking.

By signing below, I acknowledge that I have read and agree to comply with all requirements of this contract.

Signature Date

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

Item No. 12.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis Club - Father's Day Food Festival - June 9, 2024
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the "Father's Day Food Festival" event on Sunday, June 9, 2024, from 11:00 AM to 7:00 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 until 7:00 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 "Father's Day Food Festival" event on June 9, 2024, at Veterans Park, subject to 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, 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. 15.

CITY COUNCIL AGENDA – MAY 7, 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 16, 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. 15.

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. 15.
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. 15.

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. 15.

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

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

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

2. Resolution No. 11-2023

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

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

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

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

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

10. City and County Memorandum of Understanding for
Shelter Support

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

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

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

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

16. Royal Restrooms Invoice: Mobile Shower-Restroom Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and Disaster

22. California Government Code 8558

23. Armory Daily Census
Appropriated/Funded:

Review By:

Department Director:

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

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Secretary of State

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

PAYMENT
DUE
PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67

PHONE PHONE
Notes:

Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06

1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
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Brady Osorto / Business Development Manager

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.) Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38 0 4
Wednesday, January 17, 2024 33 0 4
Thursday, January 18, 2024 33 0 4
Friday, January 19, 2025 33 0 4
Saturday, January 20, 2024 36 0 4
Sunday, January 21, 2024 38 0 4
Monday, January 22, 2024 36 1 4
Tuesday, January 23, 2024 34 1 4
Wednesday, January 24, 2024 32 1 4
Thursday, January 25, 2024 38 1 4
Friday, January 26, 2025 35 1 4
Saturday, January 27, 2024 32 1 4
Sunday, January 28, 2024 36 1 4
Monday, January 29, 2024 34 1 4
Tuesday, January 30, 2024 40 1 5
Wednesday, January 31, 2024 36 1 5
Thursday, February 1, 2024 36 1 5
Friday, February 2, 2024 36 1 5
Saturday, February 3, 2024 27 1 5
Sunday, February 4, 2024 33 1 5
Monday, February 5, 2024 29 1 5
Tuesday, February 6, 2024 33 1 5
Wednesday, February 7, 2024 37 1 5
Thursday, February 8, 2024 34 1 5
Friday, February 9, 2024 37 0 5
Saturday, February 10, 2024 38 0 5
Sunday, February 11, 2024 39 0 5
Monday, February 12, 2024 35 0 5
Tuesday, February 13, 2024 38 0 5
Wednesday, February 14, 2024 37 0 5
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 0 9
Friday, March 15, 2024 42 0 9
Saturday, March 16, 2024 39 0 9
Sunday, March 17, 2024 39 0 9
Monday, March 18, 2024 40 0 9
Tuesday, March 19, 2024 42 0 9
Wednesday, March 20, 2024 38 0 9
Thursday, March 21, 2024 35 0 9
Friday, March 22, 2024 37 0 9
Saturday, March 23, 2024 42 0 9
Sunday, March 24, 2024 42 0 9
Monday, March 25, 2024 41 0 9
Tuesday, March 26, 2024 41 0 9
Wednesday, March 27, 2024 44 0 9
Thursday, March 28, 2024 40 0 9
Friday, March 29, 2024 45 0 9
Saturday, March 30, 2024 46 0 9
Sunday, March 31, 2024 34 0 9
Monday, April 1, 2024 46 0 9
Tuesday, April 2 2024 34 0 9
Wednesday, April 3, 2024 38 0 9
Thursday, April 4, 2024 38 0 9
Friday, April 5, 2024 31 0 9
Saturday, April 6, 2024 28 0 9
Sunday, April 7, 2024 33 0 9
Monday, April 8, 2024 38 0 9
Tuesday, April 9, 2024 41 0 9
Wednesday, April 10, 2024 39 0 9
Thursday, April 11, 2024 34 0 9
Friday, April 12, 2024 33 0 9
Saturday, April 13, 2024 38 0 9
Sunday, April 14, 2024 36 0 9
Monday, April 15, 2024 31 0 9
Tuesday, April 16, 2024 34 0 9
Wednesday, April 17, 2024 34 0 9
Thursday, April 18, 2024 33 0 9
Friday, April 19, 2024 29 0 9
Saturday, April 20, 2024 28 0 9
Sunday, April 21, 2024 29 0 9
Monday, April 22, 2024 28 0 9
Tuesday, April 23, 2024 28 0 9
Wednesday, April 24, 2024 28 0 9
Thursday, April 25, 2024 29 0 9
Friday, April 26, 2024 32 0 9
Saturday, April 27, 2024 30 0 9
Sunday, April 28, 2024 34 0 9
Monday, April 29, 2024 29 0 9
Tuesday, April 30, 2024 28 0 8
Wednesday, May 1, 2024 27 0 9
Thursday, May 2, 2024 26 0 9
Friday, May 3, 2024 29 0 9
Saturday, May 4, 2024 29 0 9
Sunday, May 5, 2024 34 0 9
Monday, May 6, 2024 30 0 9
Tuesday, May 7, 2024 30 0 9
Wednesday, May 8, 2024 30 0 9
Thursday, May 9, 2024 35 0 9
Friday, May 10, 2024 32 0 9
Saturday, May 11, 2024 30 0 9
Sunday, May 12, 2024 30 0 9
Monday, May 13, 2024 32 0 9
Tuesday, May 14, 2024 31 0 9
Item No. 14.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City's Water Conservation Plan is structured in an effort to provide Statemandated conservation results, reduce the overall residential consumption, and continue to provide uninterrupted services to the community without compromising the operation of the City's water distribution system. The City has been operating through the winter months in Phase IV of the City's Water Conservation Plan. As part of the Phase IV implementation, the City reduced watering days through the winter months to a one day per week watering schedule, based on address. If an address ends with an "odd" number, the watering day is Saturday; if an address ends with an "even" number, the watering day is Sunday. 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 Monday, Tuesday, Wednesday, Thursday, or Friday.

Conservation reduction guidelines presented in past Executive Orders and subsequent regulations adopted by the State Water Resources Control Board encourage conservation as a way of life. Taking into consideration the State Water Boards Self-Certification criteria for the City, the City Council approved maintaining a self-imposed conservation standard of twenty-six percent (26%) less than the production of 2013. The continuation of the current conservation goals 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 toward meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

In response, the City has developed a Conservation Plan that has been effective while still allowing some flexibility throughout the community. The City's Conservation Plan is an Odd/Even watering schedule composed of Five Phases; Phase I is a Voluntary 3-Day Watering a week Schedule; Phase II, is a Mandatory 3-Day Watering a week Schedule; Phase III, is a Mandatory 2-Day Watering a week Schedule; Phase IV, is a Mandatory 1-Day Watering week Schedule; and Phase V, is a No Outdoor Watering schedule.

Through the implementation of mandatory conservation, the City has been able to maintain a cumulative GPCD conservation total reduction of twenty-five percent (25%) from June 2015 through April 2024. In order to maintain Item No. 14.
conservation reductions while providing flexibility to local residents, it is the staff's recommendation that the seasonal changes in the temperature be evaluated and the need to transition from Phase IV to Phase III of the City's Water Conservation Plan (a Mandatory odd/even 2-day watering week schedule). Staff recommends Council conduct a Public Hearing to consider moving to Phase III of the City's Water Conservation Plan, which adds an additional day to the watering schedule for outdoor landscape. Phase III is a Mandatory odd/even 2-day watering week schedule. Odd addresses would be allowed to water on Tuesday and Saturday and even addresses on Wednesday and Sunday. The City's Water Conservation Plan applies to all water users within the City's service area. Given the ongoing historic drought conditions, it is staff's recommendation to commence with Phase III effective June 1, 2024, and continue this watering schedule through the summer and fall months until September 30, 2024. On October 1, 2024, the City would then transition back to Phase IV of the City's Water Conservation Plan (a Mandatory 1-day watering week schedule).

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to consider the transition from Phase IV to Phase III of the City's Water Conservation Plan effective June 1, 2024; and

2. Consider directing staff to transition from Phase III to Phase IV effective October 1, 2024.

ATTACHMENTS: 1. Drought Response Phase III Flyer -

2. Drought Response Phase IV Flyer

3. Monthly Production Status April 2024

4. Monthly Production Status GPCD April 2024

5. Tulare Basin Percipitation Index

6. Average Standing Water Level Chart
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.

WATERING PROHIBITED

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

NO WATERING ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

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

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

OR
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.

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
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 April 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 April 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG
Tulare Basin Precipitation: 6-Station Index, April 26, 2024 Oct 1 Nov 1 Dec 1 Jan 1 Feb 1 Mar 1 Apr 1 May 1 Jun 1 Jul 1 Aug 1 Sep 1 Oct 1 Water Year (October 1 - September 30)
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 28.3 Average (1991-2020)

10.9 1976-1977 Daily Precip (2nd driest)

56.2 1982-1983 Daly Precip (2nd wettest)

56.3 1968-1969 Daily Precip (wettest)

54.4 2022-2023 Daily Precip

18.6 2019-2020 Daily Precip

9.9 2020-2021 Daily Precip (driest)

17.0 2021-2022 Daily Precip
Percent of Average for this Date: 83%
Current: 21.4
Balch PH
Giant Forest
Ash Mt.

Springville.

Pascoes
Isabella Dam
110
113
101
95 91
114
132
144
150
140
135
118
111
125 126
108
14,152
13,271
16,043
16,668 16,962
14,216
11,726
10,069 10,157
11,541
12,388
14,041
13,713
12,406
12,465
14,561
-1,000
1,000
3,000
5,000
7,000
9,000
11,000
13,000
15,000
17,000
80 19,000
90 100
110
120
130
140
150
160
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 GPM Standing Water Level Average Standing Water Level & Production Capacity
Average Standing Water Level Average Capacity GPM
Item No. 15.

CITY COUNCIL AGENDA – MAY 21, 2024
SUBJECT: Crestview Park Residential Development
SOURCE: Community Development
BACKGROUND: The City of Porterville received an application for a proposed land division for the Crestview Park Vesting Tentative and on August 23, 2023, staff met with the applicant during Project Review Committee (PRC), where the assessment of the project, (PRC 2023-026) commenced. During the PRC meeting, staff provided comments pertaining to the proposed project which outlined the entitlement process and departments’ development standards.

COMMENT: The project consists of a vesting tentative subdivision map for future residential development of APN 254-060-032, on an approximately 10-acre parcel bounded to the north by East Putnam Avenue and to the westsouthwest by North Crestview Street/Olivecrest Avenue. The Porterville 2030 General Plan Land Use Element designates the Project site as Low Density Residential and is currently zoned RS-2 (Low Density Residential).

The development would generally include subdivision of the project site into 46 lots for single-family use, construction of interior local streets and necessary onsite infrastructure, and improvements within abutting major street rights-of-way.

On February 19, 2008, the project site received entitlement approval for a residential subdivision which included a Mitigated Negative Declaration of Environmental Impact (Resolution 14-2008) and Crestview Park Tentative Subdivision Map (Resolution 15-2008) for a 46-lot single family residential subdivision which expired in 2019.

ANALYSIS: The proposed vesting tentative subdivision map would provide new singlefamily residential housing on lots ranging from 6,000 SF to 11,000 SF and is consistent with the Porterville Development Code, Series 400: Land Division regulations. Circulation is provided through the planned internal streets, which includes parkway strips, streetlights, and sidewalks. The subdivision provides external connections to E. Olivecrest Avenue and E.

Putnam Avenue with improvements to sections of Olivecrest Avenue and Putnam Avenue that include a parkway strip and pedestrian sidewalk adjacent to the project site. The subdivision consists of short blocks, which tend to slow traffic and enhance pedestrian connectivity within the proposed development.

Item No. 15.

The project’s gross density is 4.6 units per acre, which falls below the maximum of 6.0 units per acre allowed in the Low Density Residential Land Use designation. The areas to the north and west of the project site are currently developed with single-family residences. Adjacent to the south of the project site is the Porterville Cemetery District and land to the east supports rural residences and agriculture uses. The project’s development pattern is compatible with the area and falls well within the prescribed density mandated by the City’s General Plan.

Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires that a lead agency must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The California Native American tribe has 30 days to request consultation pursuant to this section.

The AB 52 Consultation letters were mailed to tribes on March 15, 2024.

The consultation period ran from March 15, 2024 to April 14, 2024. No comments were received.

The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within the Porterville Development Code, Series 400: Land Division. Generally, a tentative and final map are required in order to subdivide land into five or more parcels. Pursuant to both the Map Act and PDO Series 400, tentative maps are valid for twenty-four (24) months following approval, with various mechanisms available to extend the life of the tentative map. The project would be responsible for the dedication and improvement of the abutting major streets along with payment of specified fair-share costs to other capital improvements, payment of development impact fees as applicable and installation of sidewalk on the south side of Putnam Ave. and on the east side of Olivecrest Street to enhance pedestrian access.

Pursuant to Development Code Section 400.04, the City Council must deny a tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans. The tentative map proposes 80 single-family residential lots on 20.23 acres for a density of 4.6 units per acre and therefore is consistent with the General Plan as proposed for amendment. There is no applicable specific plan.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. The design and improvement of the project are in accordance with the Circulation Element of the General Plan as well as with the development standards contained within the Development Code, which is itself the primary tool for implementation of the General Plan. There is no applicable specific plan.

3. That the site is not physically suitable for the type of development.

Item No. 15.

The site is generally flat and level, making it physically optimal for the development as proposed.

4. That the site is not physically suitable for the proposed density of development. The site is generally flat and level, making it physically optimal for the development as proposed.

5. That the design of the subdivisions or the proposed improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. An initial study/mitigated negative declaration was prepared for the project.

With inclusion of mitigation, the project will not result in any significant effects to the environment or to fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. An initial study/mitigated negative declaration was prepared for the project. With inclusion of mitigation, the project will not result in any serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. With the possible exception of easements dedicated for major street rightof-way, which will be further dedicated and improved for the benefit of the public at large, there are no easements for access through or use of the property.

Based on a fair reading of the record, including the initial study and mitigated negative declaration (described in further detail below), there is no indication that any of the findings requiring denial of the tentative map can be made.

The proposed land division and subsequent development of the site into a residential subdivision will provide much-needed housing in conformance with the City’s General Plan Land Use and Housing Elements, as well as to help meet the City of Porterville’s Regional Housing Needs Allocation quota. Staff and the applicants' agents worked through the design details to ensure adherence to the City’s General Plan and the Development Code, as well as verify compliance with the California Subdivision Map Act and other applicable codes.

In addition to the enhanced notification provided related to CEQA (see below), public notice of this hearing was provided in accordance with Government Code Sections 65090 and 65091 and Development Code Section 609.06. The procedures prescribed therein are the standard for hearings involving amendments to the General Plan or zoning and for conditional use permits and tentative maps. Additionally, as described in the Background section above, this project was discussed during the Project Review Committee meeting on August 23, 2023. Information regarding PRC is readily available on the City’s website: PRC meetings are held on a Item No. 15.
regular basis, are agendized, and are accessible to the public.

ENVIRONMENTAL
REVIEW:

During review of the project, the City contracted with Crawford & Bowen Planning, Inc. to prepare an initial study (IS) to analyze the potential for environmental effects that could result from the project. Based on the results of technical studies prepared in conjunction with the IS, the City made the preliminary determination that, with mitigation included, the project would not have a significant effect on the environment and that adoption of a mitigated negative declaration would be appropriate.

Mitigation was identified for Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Transportation, and Tribal Cultural Resources; incorporation of that mitigation would reduce all potentially significant effects to a less-than-significant level.

Upon completion of the draft IS/MND, the notices of intent and completion were filed in accordance with CEQA. The IS/MND was sent to the State Clearinghouse (SCH No. 2024040762) and circulated for a period of 30 days starting on April 19, 2024, and ending on May 19, 2024. Since the SCH review cannot start or end on a weekend or holiday, the public review period extended through May 20, 2024.

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing to receive comments on the Crestview Park Residential Development Project, then;

2. Adopt Draft Resolution, adopting the IS/MND and mitigation monitoring and reporting program; and

3. Adopt Draft Resolution, approving the tentative subdivision map with conditions.

ATTACHMENTS: 1. Locator Map

2. Draft Resolution - TSM

3. Draft Crestview Park Initial Study

4. Draft Resolution - CEQA
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 13 ends

RESOLUTION NO. _____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF THE VESTING

TENTATIVE SUBDIVSION MAP FOR THE CRESTVIEW PARK RESIDENTIAL DEVELOPMENT (PRC 2023-026)
WHEREAS: Mass Investment Group, LLC (Applicant) has submitted to the City of Porterville the Crestview Park Residential Development Project (Project), consisting of a Vesting Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 10.1 acres into 46 lots located in eastern Porterville bounded to the north by East Putnam Avenue and to the west-southwest by North Crestview Street/Olivecrest Avenue (APN 254-060-032; Site); and
WHEREAS: the Project also includes construction of interior streets, landscaping, public utilities, and improvements of all streets in or adjacent to the subdivision a neighborhood park central to the site, and portions of abutting rights-of-way; and WHEREAS: on May 09, 2024, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for May 21, 2024 and similar notices were sent to owners of property within 300 feet of the site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on May 21, 2024, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: the Site is zoned RS-2, Low Density Residential; and WHEREAS: via adoption of Resolution No. ____-2024, the City Council has adopted a mitigated negative declaration and mitigation monitoring and reporting program for the; and
WHEREAS: Approval of the aforementioned entitlements would further the goals and objectives of the General Plan; and
WHEREAS: The City Council has made the following findings pursuant to Development Code Section 400.04, the evidence for said findings substantiated in the record:

Resolution No. ____-2024

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1. The proposed map is consistent with the goals, policies, and land use designation of the Porterville 2030 General Plan.

2. The design and improvement of the subdivision is consistent with the goals and policies of the Porterville 2030 General Plan.

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

4. The site is physically suitable for the proposed density of development.

5. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat.

6. The design of the subdivision or type of improvements are not likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the Vesting Tentative Subdivision Map for the Crestview Park Residential Development Project (PRC 2023-026-S) subject to the following conditions:

1. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee (PRC) meeting held on August 23, 2023 and as outlined in the Project Review Committee (PRC) letter for PRC 2023-026.

2. The developer/applicant shall comply with Section 201.04(C) of the Porterville Development Ordinance (PDO).

3. Lots 5, 7, 12, 15, 19 are considered reverse corner lots which will require a minimum of a twelve (12) feet street side setback.

4. Lots 23-34 are considered Through Lots.

5. To meet the guiding principles and policies of the General Plan.

1. C-I-3 Provide for greater street connectivity by:

1. Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development;

2. C-I-7 Require Street tree planting as part of an urban forestry program:

1. Parkway Trees. Provide for the installation of parkway trees as required by the Director of Parks and Leisure Services in accordance with City standards pertaining to the type, size, spacing and placement of such trees; to the maintenance or extension of street tree themes when applicable; and, to the time of installation when it is determined Resolution No. ____-2024

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it would be in the best interest of the City to postpone the placement of trees required pursuant to this section.

3. C-I-17 Establish bicycle lanes, bike routes and bike paths consistent with the General Plan.

1. Bikeways. Bikeways shall be required in all locations shown in the General Plan or as approved by the City Council or Parcel Map Committee. Bikeway width, paving, landscaping, fencing, and signs shall be as approved by the City Council or Parcel Map Committee.

6. Development shall comply with Series 400 Land Divisions, Chapter 407 Dedications, Reservations and Improvements.

7. Parkland. As a condition of approval of a tentative map, the city shall require the subdivider to dedicate or make an irrevocable offer of dedication of land, to pay a fee in lieu thereof, or a combination of both, for neighborhood and community open space, park and recreational purposes. In order to conform to the policies of the General Plan and maintain existing standards for parks and recreation facilities, the park area required to be dedicated shall be equal to the ratio of the ultimate population of the subdivision to the current population of the city multiplied by the total park area within the city’s planning area at the time of filing of the tentative but in no case shall be less than three (3) acres of park area per one thousand (1,000) persons nor more than five (5) acres per one thousand (1,000) persons who will live in the subdivision, calculated as follows:

1. The ultimate population of the subdivision is based upon the approved residential density and the average household size for the type of unit;

2. Total population of the city shall be as reported in the most recent available federal census;

8. Current park acreage shall be the amount of neighborhood and community park acreage identified in the General Plan or any more recent records, maps, or reports.

9. The subdivider shall improve, or agree to improve, all streets, highways, or ways in or adjacent to the subdivision. All improvements shall be installed to permanent line and grade in accordance with the approved improvements plans for that subdivision on file with the City Engineer or Public Works Director. Improvements which the subdivider shall make, or agree to make, is described in Section 407.02 (f), Required Improvements Enumerated, of the Porterville Development Ordinance.

10.Per Section 407.03 (i) of the Porterville Development Ordinance each subdivision shall be subject to the creation of a Landscaping and Lighting Maintenance District in compliance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500 et. Seq.) to address the extension of improvements such as, but not limited to, lighting, common landscaping areas, including pocket parks, perimeter walls, drainage systems beneficial to specific subdivisions, drainage reservoirs, and open space areas, and the maintenance of such facilities through appropriate Resolution No. ____-2024

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mechanisms as approved by the City Attorney. If a Landscaping and Lighting Maintenance District, Benefit Assessment District, or similar district is required, the following standards apply:

1. Prior to the approval of improvement plans for a development, the applicant shall submit the following information for the establishment of a landscaping and lighting maintenance district, the extension of the subject improvements into the assessment area, and the maintenance of the improvements once constructed:

1. A petition on a form provided by the city requesting to have the subdivision placed in a district at the time the final map is approved by the city.

2. Completed and approved landscaping and lighting improvement plans, and legal description.

2. The district shall be established, or the annexation into an existing district concluded, and improvements completed and accepted concurrently with the other improvements in the subdivision.

3. Exclusive of assessments for a district, the applicant shall pay all service fees and maintain all new district improvements in a safe and healthy manner for the greater of a ninety (90) day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the district.

11.The developer/applicant shall comply with Chapter 303, Landscaping, of the Porterville Development Code.

12.Landscaping shall be designed and plantings selected so that water use is minimized. The total water use (ETWU) of the proposed landscaping on a site, as described in Chapter 25, Article I, Division 6, may not exceed the maximum applied water allowance (MAWA).

13.Garage Frontage and Location:

1. Where garage doors face a street, garage width shall not exceed 50% of the width of the front façade of the building for a two-car garage home, or 70% for a three-car garage. Maximum of three garage doors may face a street.

2. Where garage doors face the interior of the lot (side loading garage) the face of the door shall be setback at least 25 feet from the side lot line. The front setback for such a garage is 15 feet.

3. Garages with three or more doors, at least one garage front must be separated from the remaining garage fronts by at least two feet.

14.Architectural Articulation

1. On all facades that face a street, at least two architectural articulations are required, such as window trim, window recesses, shutters, window boxes, bay windows, cornices, changes in material, (i.e., Stone Veneer), larger than normal porch, decorative garage windows, or two other projections or recesses in a pattern that creates architectural interest across the length of the face as determined by the Zoning Administrator.

Resolution No. ____-2024

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15.Single Family Residential Dwelling Width

1. All residential structures shall have a minimum width of 20 feet.

16.Two Story Dwellings

1. Two-story dwellings shall include windows on the façade facing the street. No second-story street-facing wall shall run in a continuous plane of more than 20 ft. without a window or a projection, offset, or recess of the building wall at least one foot in depth.

17.Any proposed fencing or freestanding walls to comply with Section 300.03 Fences and Freestanding Walls.

1. Landscaping. Landscaping shall be provided between the back of sidewalk and the wall/fence line to include trees, shrubs, groundcover and vines in order to improve the aesthetics of the wall/fence. There shall be a minimum of five (5) feet adjacent to local roads and ten (10) feet adjacent to collectors and arterials. Maintenance of the landscaping shall be provided by the property owner, or by an assessment district established for such maintenance in perpetuity.

2. Visibility At Intersections: Notwithstanding any other provisions of this section, fences and walls shall comply with the visibility standards contained in section 300.16, “Visibility At Driveways And Intersections (Sight Distance)”, of this article. (1866, 11-19-2019; amd. Ord. 1871, 6-2-2020) Engineering Comments:

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

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

20. The developer/applicant shall make payment of the required plan check fees at the time of building permit plan submittal.

21. The developer/applicant shall pay School Development fees and all other City fees at the time table determined by current City Ordinance.

Resolution No. ____-2024

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Porterville City CouncilMay 21, 2024

Porterville City Council
May 21, 2024