Agenda packet — Porterville City Council, August 20, 2024 (part 4 of 5)

City of Porterville
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the Contract is exempt from the requirements herein, provided that Contractor identifies those data in writing at the time of delivery of the Contract work.

G. Contractor shall include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.

38. COMPLIANCE WITH NATIONAL ITS ARCHITECTURE POLICY
[These requirements apply only to contracts for National Intelligent Transportation System projects.]
Contractor shall conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed.

Reg. 1455, January 8, 2001, and all other applicable federal guidance.

39. NTD REPORTING
As a condition of benefitting from federal assistance for public transportation operations, Contractor and its subcontractors must: (A) facilitate compliance with 49 U.S.C. § 5335(a), which authorizes the National Transit Database (NTD); (B) conform to the NTD reporting system and the Uniform System of Accounts and Records; (C) comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630; (D) report when required to the National Transit Database in accordance with FTA regulation 49 CFR Part 630, “National Transit Database,” and applicable FTA instructions: (1) any information relating to a transit asset inventory or condition assessment; (2) any data on assaults on transit workers; (3) any data on fatalities that result from an impact with a bus; and (4) such other information as FTA may require; (E) comply with any other applicable reporting regulations, and requirements; and (F) follow FTA guidance.

40. TRAFFICKING IN PERSONS
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to the AGENCY.

41. PRIVACY ACT
Contractor agrees to: (A) comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.

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§ 552a. Among other things, Contractor agrees to obtain the express consent of the Federal Government before Contractor or its employees operate a system of records on behalf of the Federal Government. Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract; and (B) include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

42. SECTION 508 COMPLIANCE
Any reports or information that will be provided to DOT or any other Federal agency must comply with Section 508 of the Rehabilitation Act of 1973.

43. DBE REQUIREMENTS
The City and its partners strive to advance the economic growth of small businesses through its Disadvantaged Business Enterprise (DBE) Program.

The City of Porterville DBE Program is managed and administered by the City’s Transportation Department. Through a coordinated effort among several city departments and partner agencies, the DBE Program provides certification and opportunities in construction, purchasing, management and technical assistance, educational services, and networking.

A. General Requirements

1. Applicable Federal Regulations. This Contract is subject to DBE requirements issued by USDOT in 49 CFR Part 26. Despite the lack of a race- and gender-conscious DBE participation goal for this Contract, the Agency must track and report DBE participation that occurs as a result of any procurement, Joint Venture, goods/services, or other arrangement involving a DBE. For this reason, the Successful Submitter shall provide all relevant information to enable the required reporting.

2. DBE Participation. For this solicitation, the Agency has not established a race- or gender-conscious DBE participation goal. The Agency extends to each individual, firm, vendor, supplier, contractor, and subcontractor an equal economic opportunity to compete for business. The Agency uses race- and gender-neutral measures to facilitate participation by DBEs and Small Businesses. The Agency encourages each Submitter to voluntarily subcontract with DBEs and Small Businesses to perform part of the work—a Commercially Useful Function—that Submitter might otherwise perform with its own forces.

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3. Small Business Participation. The Agency will track the participation of all approved businesses throughout the life of this contract. The Agency will count Small Business participation as authorized by federal regulations. A summary of these regulations can be found at www.ecfr.gov (49 CFR Part 26.39).

4. DBE Certification. Only firms (1) certified by the Agency or another CAUCP member, and (2) contracted to perform a Commercially Useful Function on scopes of work for which they are certified, may be considered to determine DBE participation resulting from race- and gender-neutral (RGN) measures on this Contract. This DBE determination affects the Agency’s tracking and reporting obligations to USDOT.

5. Civil Rights Assurances. As a recipient of USDOT funding, the Agency has agreed to abide by the assurances found in 49 CFR Parts 21 and 26. Each Contract signed by the Agency and the Successful Submitter, and each Subcontract signed by the Successful Submitter and a Subcontractor, must include the following assurance verbatim:
“The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Porterville deems appropriate, which may include, but is not limited to: (1) withholding monthly progress payments; (2) assessing sanctions; (3) liquidated damages; and/or (4) disqualifying the contractor from future bidding as non-responsible.”
Note: For purposes of the required Contract and Subcontract language above, Successful Submitter is the “contractor” awarded the contract.

6. Subcontracts. If subcontracts will be let under this Contract, Contractor shall take the affirmative steps listed in 2 C.F.R. 200.321, which addresses contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.

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Exhibit A – Required Forms
Form A

ADDENDUM RECEIPT
The Proposer acknowledges it has received and read the following Addenda:

Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

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Form B

DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

Check one box below (and provide explanation if necessary):
□ The Proposer certifies that the Proposer and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;

4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
- OR –
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.)
The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

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Form C

BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 U.S.C. § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 U.S.C. § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § U.S.C. 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

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Form D

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

1. That he/she is the (owner, partner, representative, or agent) of , hereinafter referred to as
(CONTRACTOR) or (subcontractor).

2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Porterville, State of California.

3. That his/her proposal is genuine and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful Contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful Contract any advantage against the City of Porterville or any person interested in the proposed contract; and,

5. That the price or prices quoted in the proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful Contract on the part of the proposer or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.

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Form E

CERTIFICATION OF RESTRICTIONS ON LOBBYING
This certification does not apply to contracts and subcontracts under $100,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

The Proposer certifies that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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Form F

TAX LIABILITY CERTIFICATION
This certificate applies to all contracts. Offers that do not include this completed certification will be rejected as nonresponsive.

The Proposer certifies that:

1. It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

2. It has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and

3. It shall require that the language of this certification be included in the award documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

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Form G
ACKNOWLEDGEMENT OF “BEST VALUE” SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a “Best Value” basis, which the Federal Transit Administration’s (FTA) Best Practices Manual defines as follows:
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.

As a result, PROPOSER further acknowledges that pricing will not be the sole basis upon which Proposals are evaluated.

An individual authorized to bind the PROPOSER to this Agreement must sign below acknowledging and understanding of the foregoing.

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Exhibit B – Sample General Services Agreement

CITY OF PORTERVILLE

GENERAL SERVICES AGREEMENT WITH
[insert full name of Contractor and Project Name and/or number] This General Services Agreement (Agreement) is entered into between the City of Porterville, a municipal corporation (City), and _______________________ [complete name of legal business entity], a __________________ [business status, such as a California corporation] (Contractor). City and Contractor are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain Contractor to complete a XXXXXXXXX Project (Project); and B. On XXXXXXX, the City issued a Request for Proposals (RFP) for the XXXXXXXXXX (Project). On XXXXXX, Contractor submitted its proposal for the Project to the City. City has determined that Contractor possesses the skills, experience and certification required to provide the goods and services.

C. After negotiations between the City and Contractor, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. ______-2024 approved by the Porterville City Council on ____________, 2024.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Contractor shall provide the goods and services required to complete the Project, described in Exhibit “A” attached hereto and incorporated herein by reference. The goods and services shall be performed by, or under the direct supervision of, Contractor’s Authorized Representative: __________________. Contractor shall not replace its Authorized Representative, nor shall Contractor use or replace any subcontractor or subcontractor, without City’s prior written consent. The City may terminate this Agreement if Contractor makes any such change or replacement, or uses any unapproved subcontractor or subcontractor.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Contractor shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Contractor in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Contractor. Contractor shall submit all

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requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1. Term. The Term of this Agreement shall begin on _____________ and end on ___________, unless terminated in accordance with Section 6.

3. Compensation. City shall pay Contractor on a lump sum basis, at the billing rate set forth in Exhibit “C”, attached hereto and incorporated herein by this reference for goods and services performed under this Agreement.

3.1. Not to Exceed Amount. Contractor’s total compensation under this Agreement shall not exceed $_______________. Contractor’s billing rates shall cover all costs and expenses for Contractor’s performance of this Agreement. No work shall be performed by Contractor in excess of the total compensation amount provided in this section without the City’s prior written approval. Notwithstanding anything contained herein to the contrary, the payment of any funds under this Agreement shall be subject to the City of Porterville’s appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated.

3.2. Invoices. Contractor shall submit monthly invoice(s) to the City that describe the goods and services performed, including times, dates, and names of persons performing the services.

3.2.1. Contractor’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Contractor.

3.3. Payment. Subject to the City acceptance of the Services as discussed in Exhibit A attached hereto and completion of the Project to the City’s satisfaction, within 30 days after the City’s receipt of invoice(s), City shall make payment to the Contractor based upon the services described on the invoice(s).

3.4. The acceptance by Contractor of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Contractor for anything completed, finished or relating to Contractor’s services. Contractor agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Contractor or its employees, subcontractors, agents and subcontractors for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Contractor, its employees, subcontractors, agents and subcontractors.

3.5. Contractor agrees to maintain books, accounts, payroll records and other information relating to the performance of Contractor’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Contractor in the

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performance of Contractor’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Contractor shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Contractor’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In the event there is a finding and/or determination that Contractor is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Contractor shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any all claims relating to or in connection with such a finding and/or determination.

In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Contractor” means the Contractor, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Contractor and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.

The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

1. Insurance. Contractor shall, throughout the duration of this Agreement, maintain insurance to cover Contractor, its agents, representative, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

1.1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

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1.2. Automobile Liability (with coverage at least as broad as ISO CA 00 01 07 097, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

1.3. Workers’ Compensation coverage shall be maintained as required by the State of California.

1.4. Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Contractor in an amount not less than $1,000,000 per claim.

1.5. Endorsements. Contractor shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

1.5.1. The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

1.5.2. For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.

1.6. Notice of Cancellation. Contractor shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Contractor shall immediately obtain a replacement policy.

1.7. Authorized Insurers. All insurance companies providing coverage to Contractor shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

1.8. Insurance Certificate. Contractor shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.

1.9. Substitute Certificates. Contractor shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

1.10. Contractor’s Obligation. Maintenance of insurance by the Contractor as specified in this Agreement shall in no way be interpreted as relieving the Contractor of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Contractor may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

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2. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Contractor. Within five (5) days of such a termination, Contractor shall give the City all original documents relating to the Services in Contractor’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Contractor pursuant to this Agreement. The City shall pay Contractor for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

3. Dispute Resolution. If any dispute arises between the City and Contractor that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

3.1. Each Party shall designate a senior management or executive level representative to negotiate the dispute.

3.2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority,

3.3. If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

3.4. The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

3.5. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

3.6. The dispute resolution process is a material condition of this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

4. Labor Code Compliance. Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations which require the payment of prevailing wage rates (§1771, §1774, and §1775); employment of apprentices (§1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. The services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws.

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5. Rates. These prevailing wage rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to perform the services described herein. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker, or any other third party.

6. Registration with DIR. Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform the services consistent with Labor Code section 1725.5

7. Monitoring. This Agreement will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

8. Ownership of Work. All original documents prepared by Contractor for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Contractor’s Services, upon termination of this Agreement, or upon demand from the City. No such documents shall be revealed or made available by Contractor to any third party without the City’s prior written consent.

9. Independent Contractor Status. Contractor is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Contractor is not City’s employee and Contractor shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Contractor is free to work for other entities while under contract with the City. Contractor, and its agents or employees, are not entitled to City benefits.

10. Conflicts of Interest. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Contractor maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Contractor’s conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Contractor warrants this this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after

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the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City: To Contractor
City of Porterville ____________________________
Transportation Department ____________________________
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________

13. Miscellaneous

13.1. Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Contractor’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2. Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13.4. Assignment and Delegation. Contractor may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will void. City’s consent to one assignment, transfer or delegation shall not be deemed to be consent to any subsequent assignment, transfer or delegation.

13.5. Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California.

Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Tulare.

13.6. Compliance with Law. Contractor shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1. Hazardous Materials. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of performing their services.

13.6.2. Non-discrimination. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, color, national origin,

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handicap, ancestry, sex or age. Contractor shall also comply with all applicable antidiscrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.)

13.7. Business Entity Status. Contractor is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Contractor. By entering into this Agreement, Contractor represents that it is not a suspended corporation. If Contractor is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.8. Business License. Before the City signs this Agreement, Contractor shall obtain a City of Porterville Business License. Contractor shall maintain an active City of Porterville Business License during the term of this Agreement.

13.9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10. Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel.

Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13.11. Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12. Controlling Provisions. In the case of any conflict between the terms of this Agreement and Exhibits hereto, and Contractor’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Contractor’s proposal (if any), the Exhibits shall control.

13.13. Entire Agreement. This Agreement and the Attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed.

This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

13.14. Counterparts. City and Contractor agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

13.15. Expenses for Enforcement. Contractor and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

Page 80 of 80 ends

City of Porterville
Trash Receptacles

14. Signatures. The individuals executing this Agreement on behalf of Contractor represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Contractor.

The Parties agree to the full performance of these terms set forth here.

City of Porterville Contractor
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________
By: Martha A. Flores____________ By: _________________________ Title: Mayor _____ Title: ________________________
Date: __________________ Date: ________________________ Federal Employer Tax ID No. ____________
Signature: _____________________ Signature: ___________________________ Attest:
_____________________________
Patrice Hildreth, City Clerk
Approved as to form:
_____________________________
Julia M. Lew, City Attorney
Exhibits:

A. RFP No.XXX XXXXXXXXXXX
B. Contractor Proposal
C. Compensation
Item No. 8.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Consideration of Acquisition of Real Property
SOURCE: Public Works
COMMENT: Pursuant to City Council authorization on August 6, 2024, staff has negotiated the purchase of real property outlined in a Draft Purchase Agreement with the O'Sullivan Family Revocable Trust for the acquisition of approximately 0.23 acres of land and associated shares in the Hubbs & Minor Ditch Company and Pioneer Ditch Company, and leaseback agreement. The total purchase price for the property and shares is $1,691,388. The land is located within the City of Porterville, and a Locator map has been attached for reference. This proposed acquisition furthers the emphasis on the importance of securing assets for the City's future infrastructure needs and regulatory compliance to meet sustainability goals.

The acquisition of real property would provide sufficient access to a City Storm Drain/ Recharge Basin in advance of future infill development and the shares of Hubbs & Minor Ditch Company stock, along with shares of Pioneer Ditch Company stock supports the Council's direction to secure future surface water to support groundwater sustainability. This acquisition secures valuable water rights for future city development. A Leaseback Agreement provides the seller with an option to lease back the water rights. The purchase is contingent upon clear title, inspections, and document approval. This purchase is a strategic investment that will enhance the City’s control over critical water resources and allow for future infrastructure development.

The terms of the purchase are outlined in the Purchase and Lease Agreement, which is provided herein, as is the draft Resolution for Council’s consideration.

The City Attorney has been involved in the negotiations and drafting of the documentation presented for consideration. The funding source is the Water Replacement Fund.

RECOMMENDATION: That City Council:

1. Authorize and execute the Draft Purchase Agreement with the O'Sullivan Family Revocable Trust for the acquisition of Land and Ditch Company Stock as detailed in the
agreement;

2. Authorize and execute the Draft Lease Agreement for
Water Rights with the O'Sullivan Family Revocable Trust for the lease of Ditch Company Stock;and

3. Approve the Purchase Agreement for the purchase of land Item No. 8.
and ditch company shares as outlined in the agreement
and authorize the Mayor and City Manager to execute all necessary documents to complete the transaction.

ATTACHMENTS: 1. Draft Purchase and Lease Agreement for Land and Ditch Company Stock

2. Locator Map

3. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
1 PURCHASE AGREEMENT
(Porterville, California)
THIS AGREEMENT is made and entered into as of last date of execution set forth on the signature page (the “Effective Date”), by and between the CITY OF PORTERVILLE, a California municipal corporation, (“Buyers”), and THOMAS J. O’SULLIVAN and DEBORAH L.

O’SULLIVAN, trustees of the O’SULLIVAN FAMILY REVOCABLE TRUST, u/t/d September 28, 2012 (the “Seller”).

RECITALS
A. Seller is the owner in fee simple of approximately twenty-three one hundredths (0.23) of an acre in the City of Porterville, County of Tulare, and State of California. The legal property description is attached hereto as Exhibit A (the “Land”).

B. Buyer desires to purchase such Land and Seller desires to sell such property on the following terms and conditions. Included with the purchase of the Property Buyer will obtain Fifteen and two-thirds shares of Hubbs & Minor Ditch Company (“Hubbs Minor”) stock (the “Hubbs Minor Shares”) and Twenty-four shares of Pioneer Ditch Company (“Pioneer Ditch”) stock (the “Pioneer Ditch Shares”. Hubbs Minor and Pioneer Ditch shall each be referred to herein as a “Company”/ The Hubbs Minor Shares and Pioneer Ditch Shares together shall be known as the “Shares”. The Land and Shares shall together be known as the “Property”.

C. Upon the Closing and in consideration of this Agreement, Seller desires to lease from Buyer and Buyer agrees to lease to Seller, on a year-to-year basis, all rights pertaining to the Hubbs Minor Shares and/or the Pioneer Ditch Shares for a period of twenty five (25) water years after the Closing pursuant to the terms more specifically outlined in that certain Agreement Regarding the Lease of Water Rights (“Lease”) attached as Exhibit B hereto.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:

PURCHASE AND SALE

1.1 Sale and Purchase. Buyer hereby agrees to acquire and purchase from Seller and Seller hereby agrees to sell and convey to Buyer the Property, together with all rights, privileges, and easements appurtenant thereto and belonging to Seller including all minerals, oil, gas and other hydrocarbon substances thereon including water, water rights, water stock, development, and air rights if any.

1.2 Purchase Price. The purchase price (the “Purchase Price”) of the Property shall be the sum of One Million Six Hundred Ninety-one Thousand Three Hundred Eighty-eight and No/100 Dollars ($1,691,388.00).
2 1.3 Payment of Purchase Price. The Purchase Price shall be payable as follows: Prior to the Closing (as defined below) Buyer shall make a deposit with Escrow Holder (as defined below) an amount equal to the Purchase Price and any adjustments as a result of any applicable costs and expenses as described below to be held by Escrow Holder pursuant to Article III below until close of Escrow.

1.4 Purchase Under Threat or Imminence of Condemnation. The parties acknowledge that the property is being sold under contemplation or imminence of condemnation. That stated, Buyer makes no other representation, and makes no warranty or guarantee whatsoever concerning any tax consequences related to this sale, and to the fullest extent permitted by law, Seller agrees to hold harmless, release and defend Buyer from any claims, liabilities, damages, penalties, legal actions or losses related to any such consequences.

1.5 Water Rights Lease Back Option. In consideration of the mutual promises under this Agreement, upon the Closing, Seller shall have the right to lease back from Buyer the water rights pertaining to the Shares for a period of up to twenty-five (25) Water Years and subject to the terms of the Lease to be entered into by the parties at the Closing. “Water year” means the period from October 1 through the following September 30, during the Term as defined in the Lease. Buyer shall provide Seller with twenty-five (25) individual exclusive optionsto leaseback the water rights relating to the Shares each and every Water Year from the Closing for a period not to exceed twenty-five (25) Water Years. Seller agrees to pay any and all assessments to the Companies when due in a timely manner. Seller will pay any charges due and payable related to the delivery of water from the Company. In addition, Seller will pay Buyer the sum of $100 per acre foot of water delivered by the Companies. Buyer or Seller may assign their interests in the Shares and the Lease on an annual basis and subject to this Agreement and the Lease.

II
CONDITIONS TO CLOSING; ACTIONS PENDING CLOSING

2.1 At the Closing (as defined below), Seller shall convey to Buyer marketable fee simple title to the Property, by duly executed and acknowledged grant deed (the “Grant Deed”). Evidence of delivery of marketable fee simple title shall be the issuance of a CLTA Standard Coverage Policy of Title Insurance (1973) (the “Owner’s Policy”), at the parties’ shared cost and expense, in the full amount of the Purchase Price by Stewart Title Company (the “Title Company”), insuring fee simple title to the Property in Buyer, subject only to the exceptions set forth in the report of title.

Buyer, for Buyer’s benefit and at Buyer’s election and sole expense, may elect to require Title Insurer to provide an ALTA policy of title insurance. Seller shall cause all monetary liens and mortgages recorded against the Property to be removed as a lien against the Property as of the Closing Date. In addition to the condition precedent set forth in Section 2.1, the Closing and Buyer’s obligation to perform hereunder are conditioned upon the fulfillment of each and all of the following, any of which Buyer may waive in whole or in part:

2.1.1. Within 5 days of receipt, Buyer’s review and approval/disapproval or waiver of a Preliminary Title Report.
3 2.1.2. Performance by Seller of all of its obligations hereunder and the truthfulness of each representation and warranty by Seller contained in this Agreement at the time the same is made and at the Closing Date.

2.1.3. The commitment of and ability to issue by Title Company a CLTA Standard Coverage Policy of Title Insurance (Or ALTA policy as noted above, at Buyer’s election), dated as of the Closing Date, with liability in the amount of the Purchase Price, showing title to the Property vested in Buyer, subject only to the Permitted Exceptions (the “Owner’s Policy”).

2.1.4. That no moratorium, statute, regulation, ordinance or federal, state, county or local legislation, or order, judgment, ruling or decree of any governmental agency or of any court is enacted, adopted, issued, entered or pending which would materially and adversely affect the ability of Seller to convey the Property to Buyer.

2.1.5 Within 15 days from the date of Opening Escrow, Buyer’s inspection of the Property that Buyer may reasonably require, and Buyer’s review and approval/disapproval or waiver of the results of same.

2.1.6 Buyer shall deposit into Escrow an original counterpart to the Lease signed by Buyer as Lessor.

2.1.7 Seller shall deposit into Escrow an original counterpart to the Lease signed by Seller as Lessee.

2.1.8 Seller shall deposit all certificates for the Shares

2.2 Notwithstanding the above conditions, in the event escrow does not close within sixty (30) days of the last party’s execution of this Agreement, Seller may cancel the sale.

III

ESCROW INSTRUCTIONS

3.1 Opening of Escrow.

3.1.1 Concurrently with the execution of this Agreement, an escrow (the “Escrow”) shall be opened by both parties with Stewart Title Company, Judy Loflin, California, (“Escrow Holder”).

3.1.2 The terms and conditions set forth in this Agreement shall constitute both an agreement between the parties hereto and escrow instructions for the Escrow Holder. If the Escrow Holder requires separate or additional escrow instructions, both parties agree to execute promptly and deliver to the Escrow Holder, after request for same from Escrow Holder, such separate or additional escrow instructions (the “Additional Instructions”). In the event of any conflict or inconsistency between this Agreement and the Additional Instructions, this Agreement shall prevail and govern as the Additional Instructions shall so provide. The Additional Instructions shall not modify or amend the provision of this Agreement unless otherwise expressly set forth by mutual consent of Buyer and Seller. “Opening of Escrow”, as used herein, shall mean the delivery of a fully executed copy, or counterparts, of this Agreement to Escrow Holder and acceptance 4 thereof by Escrow Holder, and escrow shall be deemed opened as of the date of such delivery and acceptance. “Closing”, as used herein, shall mean when the conditions of Section 3.5 below are completed as set forth therein.

3.1.3 Not later than ten (10) business days after the Opening of Escrow, Buyer shall deposit One Thousand and No/100 dollars ($1,000.00) with the Escrow Holder as a good faith deposit (“Deposit.”) The Deposit shall be applied to the purchase price. The Closing shall be held not later than five (5) calendar days after the Buyer has approved or waived all of Buyer’s conditions Precedent above (the “Closing Date”). Buyer and Seller may change the Closing Date by joint written notice to Escrow Holder. Escrow Holder is hereby directed to hold the closing on the Closing Date if it has received in a timely manner all the materials required to be delivered into Escrow by Buyer and Seller, and it has received a commitment from the Title Company to insurance title to the Property subject only to the Permitted Exceptions.

3.2 Prior to the Closing Date, Seller shall deposit the Grant Deed with Escrow Holder.

3.3 Prior to the Closing Date, Buyer shall deposit with Escrow Holder funds in accordance with the provisions of Article I above, and the Escrow fee. Other costs not otherwise designated as a particular party’s responsibility shall be paid by Seller and Buyer as per custom in the county in which the Property is located. Buyer and Seller shall each be responsible for their own attorney’s fees. Buyer shall be responsible for the cost of any inspections of the Property.

3.4 Seller and Buyer shall each deposit with Escrow Holder prior to the Closing Date fully executed and acknowledged copies of such instruments and such additional funds as are reasonably required by the Escrow Holder or otherwise required to close the Escrow and consummate the sale and purchase of the Property in accordance with the terms hereof, including, but not limited to, the settlement statement/statement of sources and uses identifying the funds deposited with Escrow Holder and the payee(s) of such funds. Buyer may waive compliance on Seller’s part under any of the items being provided by Seller (except the Grant Deed) by an instrument in writing.

3.5 Closing of Escrow. When Escrow is in the condition to close required by the Agreement, Escrow Holder shall do the following:

3.5.1 Deliver to Buyer the Grant Deed by depositing the same with the County Recorder of the County of Tulare, California, with instructions to record the same. When such Grant Deed has been accepted for recordation and a conformed copy with the recording information is returned to Escrow Holder, Escrow Holder shall mail the same to Buyer along with the Owner’s Policy;

3.5.2 Deliver to Buyer the certificates from each Company for the Shares.

3.5.2 Deliver to Seller funds in the amount of the Purchase Price, less or plus the net debit or credit to Seller by reason of the prorations and allocation of expenses herein provided.

3.5.3 Deliver to Seller the original Lease, fully-executed by Buyer as Lessor and Seller as Lessee.

3.6 Escrow Charges.
5 3.7 Costs and Expenses. The costs and expenses of Escrow upon Close of Escrow will be shared equally (50% each) by Buyer and Seller, including, without limitation, all recording charges, the premium for the Title Policy, the cost of any documentary or other transfer taxes applicable to the sale, cost and fees related to the transfer of the Shares, current year real estate tax assessments, and all other standard costs and charges of the Escrow.

3.8 Prorations. Escrow Holder shall prorate any other assessments or fees related to the Shares as of the Closing on the basis of the most recent statement approved by Buyer and Seller.

Prorations shall be as of 12:01 a.m. on the Closing Date on the basis of a 365-day year.

3.9 Miscellaneous Escrow Instructions.

3.9.1 Time is of the essence of these Escrow Instructions and this Purchase Agreement.

3.9.2 All notices or other communications required or permitted hereunder shall be in writing, and may be personally delivered or sent by United States registered or certified mail, postage prepaid, return receipt requested, addressed as follows:

To Seller:

The O’Sullivan Family Revocable Trust
Thomas and Deborah O’Sullivan, Trustees
1279 W. Henderson Avenue #340
Porterville, CA 93257
To Buyer:

City of Porterville
291 N. Main Street
Porterville, CA 93257
Attn: City Clerk
Subject to the right of a party to designate a different address for itself by notice similarly given.

Any notice so given by United States mail shall be deemed to have been given on the second business day after the same is deposited in the United States mail as above provided. Any notice not so given by registered or certified mail shall be deemed given upon receipt of the same by the party to whom the same is given.

3.9.3 Failure to insist upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such terms, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right of power at any other time or times by any party hereto.
6 3.10 If the Escrow Holder is not in a position to consummate the Closing on the Closing Date, it shall close as soon thereafter as possible.

3.11 Possession of the Property shall be delivered to Buyer upon Closing.

REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby makes the following representations and warranties to and agreements with Buyer, which are true as of the date hereof, which shall be true as of the Closing, which are not intended to replace or limit in any manner any express or implied warranty provided under the applicable law and which, except to the extent they relate to events or circumstances occurring or arising after the Closing, shall survive the Closing. Buyer shall be entitled to rely upon said representations and warranties notwithstanding Buyer’s inspections and investigations:

4.1 As of the Closing, to the best knowledge, information and belief of Seller, there shall be no liens, easements, licenses, leases or tenancies of any type on the Property or any portion of the Property.

4.2 To the best knowledge, information and belief of Seller, there are no liens or encumbrances against the Property for work performed or commenced, or material supplied with respect to the Property nor can there be claimed against the Property any such lien.

4.3 This Agreement when executed by Seller, shall have been duly and properly executed, is a valid obligation of Seller and is binding upon Seller in accordance with its terms.

4.4 After the date of this Agreement, Seller shall not undertake any work on the Property which may result in the creation of a mechanic’s lien on the Property or any portion of this Property.

4.5 Seller has no knowledge of any adverse geological or soil or environmental condition affecting the Property.

4.6 Subject to the specific representations of Seller being true and correct in all material respects, it is understood and agreed that the Property has been inspected by Buyer, or Buyer’s duly authorized agents, that the same is being purchased as a result of such inspection and not in reliance upon any representations, inducements or promises, either oral or written, made by Seller.

REPRESENTATIONS AND WARRANTIES OF BUYER
Buyer hereby makes the following representations and warranties to and agreements with Seller, which are true as of the date hereof, which shall be true as of the Closing, which are not intended to replace or limit in any manner any express or implied warranty provided under the applicable 7 law and which, except to the extent they relate to events or circumstances occurring or arising after the Closing, shall survive the Closing. Seller shall be entitled to rely upon said representations and warranties:

5.1 This Agreement when executed by Buyer, shall have been duly and properly executed, is a valid obligation of Buyer and is binding upon Buyer in accordance with its terms. Buyer has taken all necessary action under California law, Buyer’s corporate charter and otherwise to duly authorize the execution of this Agreement and the consummation of Buyer’s obligations hereunder.

5.2 Buyer has the necessary funds, ready and available, to pay the Purchase Price and complete Closing under this Agreement in accordance with the specific terms hereof.

MISCELLANEOUS PROVISIONS

6.1 Legal Fees. In the event that an action shall be instituted by either party hereto for the enforcement of any of its rights or remedies in or under this Agreement, the party in whose favor judgment shall be rendered therein shall be entitled to recover from the other party all costs and expenses incurred by said prevailing party in said action, including reasonable attorney’s fees as fixed by the court therein.

6.2 Representations of Authority. Each party and each individual executing this Agreement on behalf of each party represents and warrants to the other party that the party and each such individual has full power and authority to execute and deliver this Agreement in the manner contemplated hereby and that this Agreement is binding upon the party in accordance with its terms.

6.3 Brokers. Each party represents and warrants to the other party that it has not hired, retained or dealt with any real estate broker, firm or salesman in connection with the transaction contemplated by this Agreement

6.4 Entire Agreement. This Agreement contains the entire integrated agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the same respecting such matters. With that regard, Buyer specifically acknowledges that it has not received any promises, representations or assurances from Seller or any of Seller’s agents or employees which are not contained herein. No addition or modification of any term or provision hereof shall be effective unless set forth in writing, signed by both Seller and Buyer.

6.5 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent to be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

6.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. 8 6.7 Further Assurances. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this agreement, without cost, including (without limitation) the execution and delivery of such documents, and the doing of such acts or things as may be required to satisfy the requirements of the Title Company to issue title insurance in accordance with this Agreement and for Buyer to fully and adequately perform its investigations of the Property. Seller hereby grants to Buyer, its agents and employees, the right and license to go on to the Property for the purpose of performing any activity necessary or appropriate to the satisfaction of the conditions of this Agreement or to Buyer’s performance of its duties, obligations and responsibilities hereunder; provided, however, that Seller shall have the right to have one or more of its agents or representatives accompany Buyer, or Buyer’s agents and employees, while on the Property.

6.8 Heirs and Assignment. This agreement shall bind and inure to the benefit of the heirs, executors, successors, or assigns of Buyer or any other person or firm that may now be or hereafter an owner of the real property or any part thereof, set forth in Exhibit A of this agreement.

6.9 Venue. The parties agree that this agreement is entered into and to be performed in the County of Tulare, State of California. To the fullest extent permitted by law, the parties hereby waive any rights they might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

6.10 Ambiguities. Each party and its legal counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
(Signatures on following page)
9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

SELLER:

THE O’SULLIVAN FAMILY REVOCABLE TRUST
Thomas J. O’Sullivan
By: ______________________________
Date:________________________________
Deborah L. O’Sullivan
By: ______________________________
Date:________________________________
APPROVED AS TO FORM:

By:__________________________________
BUYER:

CITY OF PORTERVILLE
By: ______________________________
Martha Flores, Mayor
Date:________________________________
ATTEST:

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

By:__________________________________
Julia M. Lew, City Attorney

EXHIBIT A

LEGAL DESCRIPTION OF THE LAND
The North 20.00 feet of the property described in Grant Deed recorded October 26, 2022 as Document No. 2022-0065226 of Official Records described as follows:

The Southeast quarter of the Southeast quarter of the Northeast quarter of Section Three (3), Township Twenty-Two (22) South, Range Twenty-Seven (27) East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, subject to an easement for road purposes over the East 25 feet of said land, as granted to the County of Tulare by Deed dated June 11th, 1932, recorded in Book 606, Page 486 of Official Records; and an easement for road purposes over the South 20 feet of said land as shown on the road Plat in the Office of the County Surveyor of said County.

Excepting therefrom the North 100 feet of the East 158 feet of the Southeast quarter of the Southeast quarter of the Northeast quarter of said Section 3.

EXHIBIT B
1 AGREEMENT REGARDING THE LEASE OF WATER RIGHTS
This AGREEMENT REGARDING THE LEASE OF WATER RIGHTS (“Agreement”), is made _______________, 2024, by and between Thomas J. O’Sullivan and Deborah L. O’Sullivan, Trustees of the O’Sullivan Family Revocable Trust u/t/d September 28, 2012 (“Lessee”) and the City of Porterville, a political subdivision of the state of California (“Lessor”).

Recitals
WHEREAS, Lessor is the owner of those certain water rights related to Fifteen and Two-thirds shares of Hubbs & Minor Ditch Company (“Hubbs & Minor”) stock (the “Hubbs & Minor Shares”) and Twentyfour shares of Pioneer Ditch Company (“Pioneer Ditch”) stock (the “Pioneer Ditch Shares”. Hubbs & Minor and Pioneer Ditch shall each be referred to herein as a “Company” or together, the “Companies”.

The Hubbs Minor Shares and Pioneer Ditch Shares together shall be known as the “Shares”.

WHEREAS, the Shares are appurtenant to that certain real property located in the City of Porterville, County of Tulare and further described as:

The North 20.00 feet of the property described in Grant Deed recorded October 26, 2022 as Document No. 2022-0065226 of Official Records described as follows:

Excepting therefrom the North 100 feet of the East 158 feet of the Southeast quarter of the Southeast quarter of the Northeast quarter of said Section 3. (the “Appurtenant Real Property”).

WHEREAS, Lessee is desirous of obtaining for the next twenty-five Water Years, yearly options to lease from Lessor all water rights related to the Shares, and Lessor is desirous of granting to Lessee such options.

As used herein, “Water Year” means the period from October 1 through the following September 30, inclusive for each year of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows:

1. Lease Agreement. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, all water rights relating to the Shares including without limitation rights to surface water, ground water, storage, 2 and conveyance rights and capacity (the “Rights”) for each Water Year as Lessee may elect to receive during the Term.

2. Term. The term of this Agreement shall begin October 1, 2024 and shall remain in full force and effect for twenty-five (25) years until September 30, 2049 (the “Term”).

3. Election to Receive Water Rights. Lessee shall receive the Rights for each year during the term unless Lessee provides to Lessor written notice (the “Notice”) of Lessee’s option not to receive such Rights that it does not elect to receive for the immediately following Water Year. Lessee may elect not to receive any or only a portion of the Rights and shall so designate in such notice. Lessee shall also have the right to elect which of the Shares it shall decline to receive the rights to during the Term. The Notice shall be provided to Lessor not later than the first day of September preceding each Water Year of the Term.

4. Rent.
(a) Lessee shall pay to Lessor as rent (1) One Hundred and no/100 Dollars ($100.00) per acre foot of water allocated to such portion of the Shares for which Lessee receives such allocation per each applicable Water Year (the “Per-acre-foot Portion”) and (2) notwithstanding anything in this Agreement to the contrary, any assessments relating to the Shares for which Lessee receives a water allocation during each applicable Water Year. Lessee’s first payment of rent shall be due within thirty (30) days that both such allocation and assessments for the applicable Water Year are known and billed by Lessor to Lessee with sufficient supportive documentation to prove the same. Any past due payment of rent will bear interest at the rate of five percent (5%) per annum. All payments under this Agreement shall be made to Lessor at City of Porterville, 291 N Main Street, Porterville, CA 93257, or to such other place Lessor may designate by written notice.
(b) Except for Rent Renegotiation Dates as specified at Paragraph 4.(c) below, the Per-acre-foot Portion of Rent shall be adjusted annually during the Term on October 1 of each year of the Agreement Term.

Each such anniversary date is hereunder referred to as an “Adjustment Date”. The Per-acre-foot Portion of Rent shall be adjusted as of each Adjustment Date, to the amount calculated by multiplying the rent for October 1, 2024, or the month in which the immediately preceding Adjustment Date occurred, whichever month is later, by a fraction, the numerator of which shall be the United States Department of Labor's Bureau of Labor Statistics Consumer Price Index, “All Urban Consumers All Items for the San Francisco—Oakland-Hayward-Berkeley, CA Metropolitan Area”, or the successor of such index (the “CPI”), for the month immediately preceding such Adjustment Date, and the denominator of which shall be the CPI for October 1, 2024, or the month in which the immediately preceding Adjustment Date occurred, whichever is later. If the CPI or successor index is changed so that the base year differs from that in effect on the Commencement Date, the CPI or successor index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics.

In the event that compilation and/or publication of the CPI shall be transferred to any other governmental department or agency or shall be discontinued, then the index most nearly the same as the CPI shall be used to make such calculation.

Lessor shall initially calculate the CPI change after the data becomes available, and advise Lessee who shall have twenty (20) days after receiving Lessor’s notice of the increase in rent to correct the Lessor’s calculations (the “Review Period”). Upon expiration of the Review Period, Lessee shall pay all rent installments that fall due thereafter at the new rate and pay retroactively within 30 days of the above notice the adjustment of all monthly installments that fell due from and after the date Lessor provided notice of the increase in rent to Lessee (the “Prior Months”). Lessee shall not be obligated to retroactively pay rent at the new rate for any monthly installments which became due more than one year prior to receiving 3 Lessor’s notice of the calculation of the CPI change. In the event of a dispute, Lessee shall pay rent as demanded by Lessor, and seek resolution and refund. If the CPI increase for the Prior Months is not paid within 30 days of the Lessor’s original notice, there shall be a late charge added thereto of 5% of the unpaid amount.
(c) Lessor and Lessee shall renegotiate the per-acre portion of the Rent by such dates that are five, ten, fifteen, and twenty years after October 1, 2024 (each a “Rent Renegotiation Date”). If an agreement cannot be reached between Lessor and Lessee by a Rent Renegotiation Date, the maximum increase at such Rent Renegotiation Date shall not exceed sixty-six and seven-tenths percent (66.7%) of the average rate that the City of Porterville receives for water as of the applicable Rent Renegotiation Date—such Rent amount being specifically-negotiated consideration related to Lessee’s sale of land to Lessor.

5. Personal Property of Lessor. This lease is a “true lease.” The Stock is, and shall at all times remain, the sole personal property of Lessor. Lessee shall have no right, title, or interest in the Stock, except as provided in this Agreement. Lessee shall not hold itself out as an owner of the Equipment, or take any action that would be inconsistent with the ownership of the Stock by Lessor or that would otherwise be inconsistent with, or outside the scope of, this Agreement.

6. Use. The parties shall use the Stock and the Rights in a careful and proper manner and shall comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Stock and the Rights.

7. Covenant to Retain Appurtenant Real Property and Stock. Lessor covenants during the Term to always maintain legal title to the Stock and the Appurtenant Real Property and will take no action and suffer any omission that would result in this title to change without Lessee's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. During the Term, this covenant and this Agreement shall be deemed a legend to the Shares and a restriction on transfer of the same.

8. Covenant to Cooperate Regarding Use of Shares. Throughout the term, Lessor covenants to cooperate with Lessee to provide the Companies with such information and documentation sought to effectuate the transfer to and use by Lessee of the Rights. Lessee is hereby authorized to act on Lessor’s behalf in relation to the Shares during the Term.

9. Lessor Warranties. Lessor represents and warrants to Lessee that Lessor has been duly authorized to enter this Agreement and is the sole owner of the Stock and has the authority to transfer all water rights relating to the Stock to Lessee.

10. Lessee Warranties. Lessee represents and warrants that it has relied on Lessor’s warranties in this Agreement, has made or refused to make a full examination and inspection of the Stock, and Lessee are the trustees of a validly existing trust under the laws of the state of California and the persons executing this Agreement for Lessee have all requisite power and authority to act for themselves as trustees of their trust.

11. Disclaimer of Warranties. LESSEE ACKNOWLEDGES AND AGREES THAT THE RIGHTS RELATING TO OWNERSHIP OF THE STOCK IS DELIVERED “AS IS” AND “WITH ALL FAULTS.” LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE STOCK. LESSEE ACCEPTS THE RIGHTS RELATING TO

OWNERSHIP OF THE STOCK AS IS, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EXPRESSLY WAIVES ALL WARRANTIES.

12. Taxes, Assessments and Fees. Lessee will prepare, execute, and file returns and pay, on a timely basis, at Lessee’s expense all assessments, taxes and any other charges, assessments, or levies imposed on 4 or against the Shares for each Water Year to the extent Lessee receives the Rights during the Term, together with any penalties or interest in connection with these charges. If any tax is, by law, to be assessed or billed to Lessor, Lessee at its expense will do anything required to be done by Lessor in connection with the levy, assessment, billing, or payment of the tax, and is authorized by Lessor to act on Lessor’s behalf in these respects; Lessee will cause all billings of these taxes to Lessor to be made to Lessor in care of Lessee and will from time to time, on request of Lessor, submit written evidence of the payment of all of the governmental obligations mentioned in this section. Lessee will, on any property tax returns required to be filed by Lessee, include the Shares covered by this Agreement or any substitutions or additions to this Agreement as property owned by Lessee for purposes of tax assessments.

13. Indemnity. Lessee will indemnify Lessor against, and hold Lessor harmless from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from its use of the Rights. Lessor will indemnify Lessee against, and hold Lessee harmless from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from its ownership of the Stock.

14. Offset. Lessee waives any existing and future claims and offsets against rent or other payments due under this Agreement, and agrees to pay the rent and other amounts regardless of any offset or claim that may be asserted by Lessee or on Lessee’s behalf.

15. Assignment or Sublease. Upon five business day’s written notice, Lessee may sublease, assign, or transfer any of Lessee’s right or obligations under this Agreement, either by Lessee’s own act or by operation of law, without the prior written consent of Lessor.

Lessor may not, without the prior written consent of Lessee, which consent may not be unreasonably withheld, conditioned, or delayed, assign or sublet its rights, in whole or in part, in the Shares.

Notwithstanding the foregoing, any attempted sublease or assignment that materially changes the duty of, or materially increases the burden or risk imposed on, the nonassigning party shall be void, without that party’s express written consent, which shall be in the nonassigning party’s absolute discretion.

16. Notices. All notices and other communications required or permitted under this Agreement shall be validly given, made, or served, if in writing and delivered personally or sent by registered mail, to the parties at the address set forth above or at any other address as any party may, from time to time, designate by giving written notice pursuant to this section.

17. Applicable Law. This Agreement shall be governed by and construed under the laws of the state of California, and jurisdiction for any dispute arising from or relating to this agreement shall be in Tulare County.

18. Attorney’s Fees. If either party files any action or brings any proceeding against the other arising out of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they might be entitled.

19. Entire Agreement, Modification, and Waiver. This Agreement represents the entire understanding and agreement between the parties regarding the subject matter of this Agreement, and supersedes and replaces all prior agreements and understandings, whether oral or written. The provisions of this Agreement cannot be amended, supplemented, or changed, nor can any of its provisions be waived, except by a writing signed by the party against whom enforcement is sought. No waiver of a breach of this Agreement shall be deemed to constitute a waiver of a further breach, whether similar or dissimilar. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.

LESSEE:

THE O’SULLIVAN FAMILY REVOCABLE TRUST
By: ______________________________
Thomas J. O’Sullivan, Trustee
By: ______________________________
Deborah L. O’Sullivan, Trustee
APPROVED AS TO FORM:

By:__________________________________
Allan Bailey, Attorney for Lessee
LESSOR:

CITY OF PORTERVILLE
By: ______________________________
Martha Flores, Mayor
ATTEST:

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

By:__________________________________
Julia M. Lew, City Attorney

Page 1 of 2 ends

RESOLUTION NO. -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A PURCHASE AGREEMENT FOR LAND AND DITCH COMPANY

STOCK AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY

DOCUMENTS RELATED TO THE PURCHASE
WHEREAS, the City of Porterville ("City") recognizes the importance of acquiring land and water rights to secure the future development and sustainable management of its water resources; and
WHEREAS, the City has identified the need to purchase certain property and water rights from the O'Sullivan Family Revocable Trust, consisting of approximately

0.23 acres of land located within the City and shares in the Hubbs & Minor Ditch Company and Pioneer Ditch Company; and
WHEREAS, the acquisition includes 15 2/3 shares of Hubbs & Minor Ditch Company stock and 24 shares of Pioneer Ditch Company stock; and WHEREAS, the total purchase price for the land and ditch company shares is $1,691,388; and
WHEREAS, the City has negotiated a Leaseback Agreement with the sellers, under which the sellers will lease back the water rights for a period of 25 years at the rate of $100 per acre-foot of water delivered, plus payment of all assessments and charges associated with water delivery; and
WHEREAS, an escrow account has been opened with Stewart Title Company to facilitate the transaction, with all costs to be shared equally by both parties; and WEREAS, the City Council has determined that the acquisition of this property and the associated water rights is in the best interest of the City and its residents as it provides long-term control over vital water resources and contributes to the City's infrastructure development; and
NOW, THEREFORE, BE IT RESOLVED: By the City Council of the City of Porterville as follows:

1. That the City Council of the City of Porterville accept the Purchase Agreement with and the O'Sullivan Family Revocable Trust for the acquisition of approximately 0.23 acres of land and associated ditch company shares, as detailed above, is hereby approved.

2. That the City Council of the City of Porterville accept the Leaseback Agreement, allowing the sellers to lease back the water rights for a period of 25 years at the terms specified in the Lease of Water Rights Agreement, is also approved.

Resolution No.____-2024

Page 2 of 2 ends

3. That the purchase price of $1,691,388.00 is hereby approved with the City of Porterville to open escrow account, pay the normal and customary escrow fees, authorize Mayor to sign all necessary documents and agreements required to complete the purchase and to take all other actions necessary to effectuate the terms of the Purchase Agreement and Leaseback Agreement, and record with the office of the Tulare County Recorder.

4. That the City Council of the City of Porterville does hereby approve and authorize the appropriation of $1,691,388.00 plus the normal and customary escrow fees, from the Capital Construction/Improvement Designated Fund for the acquisition of said real property.

PASSED, APPROVED AND ADOPTED this 20th day of August 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:___________________________
Fernando Gabriel-Moraga
Acting Chief Deputy City Clerk
Item No. 9.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Multi-Jurisdictional Local Hazard Mitigation/City of Porterville Hazard Mitigation Plan Annex Resolution
SOURCE: Community Development
BACKGROUND: Natural disasters occur regularly in the State of California and all around the world. Each year in the United States, natural disasters take the lives of hundreds of people and injure thousands more. Nationwide, taxpayers pay billions of dollars annually to help communities, organizations, businesses, and individuals recover from disasters. The time and money needed to recover from these events can strain or deplete local resources. These monies only partially reflect the true cost of disasters because additional expenses to insurance companies and non-governmental organizations are not reimbursed by tax dollars. Many natural disasters are predictable, and much of the damage caused by these events can be alleviated or even eliminated. The purpose of hazard mitigation plans is to help reduce or eliminate long-term risk to people and property from hazards.

The Federal Emergency Management Agency (FEMA) defines hazard mitigation as “any sustained action taken to reduce or eliminate long-term risk to human life and property from a hazardous event.” The results of a three-year, congressionally mandated independent study to assess future savings from mitigation activities provide evidence that mitigation activities are highly cost-effective. On average, each dollar spent on mitigation saves society an average of $6 in avoided future losses in addition to saving lives and preventing injuries (Natural Hazard Mitigation Save: 2017 Interim Report.)
Hazard mitigation planning is the process through which hazards that threaten communities are identified; likely impacts are determined, prioritized, and implemented. The 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (MJ-LHMP) update (2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan) continues the hazard mitigation planning process for Tulare County, the unincorporated county; the participating cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, Woodlake; and the Tule River Tribe, and the Tulare County Office of Education. The plan identifies natural and humancaused hazards and risks within Tulare County and identifies a hazard mitigation strategy to reduce vulnerability and make the communities of Tulare County more disaster-resistant and sustainable. Information in this plan can be used to help guide and coordinate mitigation activities and local Item No. 9.
land use decisions. Proactive mitigation planning will help reduce the cost of disaster response and recovery for the community and its property owners by protecting critical community facilities, reducing liability exposure, and minimizing overall community impacts and disruption. The Tulare County planning area has been affected by hazards in the past and is thus committed to reducing future disaster impacts and maintaining eligibility for federal funding.

COMMENT: N/A
ANALYSIS: The 2023 Multi-Jurisdictional Local Hazard Mitigation Plan serves to bring the 2018 FEMA approved Tulare County MJ-LHMP up-to-date. The purpose of hazard mitigation is to reduce or eliminate long-term risk to people and property from hazards. The MJ-LHMP will aid the County and its residents to become less vulnerable to future hazardous events.

The MJ-LHMP demonstrates the community’s commitment to reducing risks from hazards and serves as a tool to help decision-makers direct mitigation activities and resources. This update was developed, along with other measures, to ensure Tulare County’s and participating jurisdictions’ continued eligibility for certain federal disaster assistance: specifically, the FEMA Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation Program (PDM), and the Flood Mitigation Assistance Program (FMA).

The Planning Process, Countywide Risk Assessment, and Mitigation Strategy sections of the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan, or Base Plan are pertinent to the City of Porterville. In addition, the procedural requirements associated with the plan implementation and maintenance of the Base Plan are also applicable to the City of Porterville. Annex E: City of Porterville (Attachment) summarizes the hazard mitigation elements more specific to the City of Porterville.

Annex E: is not a stand-alone plan, rather it is intended to supplement the hazard information provided within the Base Plan document of the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan. Annex E:

Porterville provides additional information specific to the City of Porterville, including details on the City's profile, planning process, risk assessment, and mitigation strategy for the community.

FEMA has determined that there is a critical link between hazard mitigation planning and sustainability. This means that having a plan in place will help reduce the impact of hazards. Therefore, a community will be better able to prevent injury, loss of life, and property damage. Furthermore, a welldeveloped plan can help recovery occur more quickly following a disaster.

By planning, preparing, and adopting the Multi-Jurisdictional Local Hazard Mitigation Plan, the County and the City of Porterville will be taking a proactive approach to reducing or eliminating the impacts of hazards before they occur.

Item No. 9.

ENVIRONMENTAL
REVIEW:

The Environmental Coordinator has made a determination that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15306, Information Collection.

RECOMMENDATION: That the City Council approve the draft resolution adopting the City of Porterville Local Hazard Mitigation Plan Annex E.

ATTACHMENTS: 1. Attachment-Porterville LHMP Annex E

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-1
Annex E City of Porterville
This Annex summarizes the hazard mitigation elements specific to the City of Porterville. This Annex supplements the Tulare County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP); therefore, the Annex is not a stand-alone plan but intended to supplement the hazard information provided in the Base Plan document. All other sections of the Tulare County MJHMP, or Base Plan, including the sections on the planning process, countywide risk assessment, and procedural requirements related to plan implementation and maintenance apply to the City of Porterville. This Annex provides additional information specific to the City of Porterville, including details on the City's profile, planning process, risk assessment, and mitigation strategy for the community.

The City provides the following services:
• Public safety (police and fire protection, ambulance) • Streets and street lighting
• Wastewater collection, treatment, and disposal
• Domestic water
• Storm drainage
• Parks and recreation
• Solid waste collection
The City of Porterville has participated in the county wide planning by attending the county wide planning meetings. Within the city, several key staff members have contributed the project including:

Table E-1 City of Porterville Contacts
Name Title Division
Oscar Zepeda Associate Planner Community Development
Rocio Mejia Assistant Planner Community Development
Yuliana Andrade Administrative Services Director Administration Chris Pisani Administrative Battalion Chief Fire Department Michael Knight Assistant City Manager/Public Works Director Public Works Javier Sanchez Engineering and Project Management Director Engineering and Project Management
Point of Contact: Planning Division 559-782-7460
City of Porterville staff, has participated in Tulare County’s Stakeholder meetings on the following dates:
• April 19, 2022
• July 19, 2022
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-2
E.1 Community Profile
Geography and Climate: The city has a total area of approximately 18.91 square miles. Porterville is located on the Tule River at the base of the western foothills of the Sierra Nevada at an elevation of 455 feet. The city is 165 miles north of Los Angeles and 171 miles east of the Pacific Coast. The City has a strategic central location to major markets and ready access to major transportation routes. Porterville’s climate can be described as dry Mediterranean. The summers are hot and dry, and winters are characterized by moderate temperatures and light precipitation. Temperatures and rainfall for Porterville are typical of that of the rest of the valley floor portion of the County. The City consistently suffers from year-round air pollution and air quality that is among the worst in the U.S. because of both geographic conditions, dust from agriculture and vehicle emissions.

History: The City of Porterville, founded in 1849 and incorporated in 1902, is located in the central southern area of Tulare County in the heart of the agriculturally rich San Joaquin Valley. The City became a Charter City in 1926. In the foothills above Porterville is the man-made, Lake Success. Porterville's population has grown as it annexed nearby unincorporated areas.

Government: Porterville is a charter city operating under a council-manager form of municipal government. The City Council comprises five council members serving four-year overlapping terms. The mayor, who serves as president of the Council, is chosen by the members of the Council from among their number every two years.

Population: The City's July 2022 population was estimated at 62,345. The 2020 U.S. Census reported that Porterville had a population of 62,623. The population density was 3,311.6 people per square mile. The racial makeup of Porterville was 40,204 (64.2%) White; 313 (0.5%) African American; 1,065 (1.7%) Native American; 2,943 (4.7%) Asian; 188 (0.3%) Pacific Islander; 1,252 (0.2%) from other races; and 11,836 (18.9%) from two or more races. Hispanic or Latino of any race were 420,494 persons (64.6%). The Census reported 17,227 households (2015-2019) each made up of around 3 members. Family establishments represent 76.75% of these households, while non-family units account for the remaining 23.25%.

There were 18,305 households, out of which 6,718 (36.7%) had children under the age of 18 living in them, and 7,953 (12.7%) had someone living there who was 65 years of age or older. Of the 18,305 families the average family size was 3.27 members. Households with a computer was 90.8% and those with a broadband internet subscription was 86.3%.

Housing: There were 18,654 housing units at an average density of 986.5 per square mile, of which 9,407 (50.4%) were owner-occupied, and 6,678 (49.6%) were occupied by renters. The vacancy rate was 6.1%. 33,252 people (53.1% of the population) lived in owner-occupied housing units and 29,370 people (46.9%) lived in rental housing units. The median monthly owner costs with mortgage were $1,382 and $429 for homeowners without a mortgage. The median gross rent was $994.

Economy: Porterville's economy is primarily driven by agriculture, complemented by a robust manufacturing sector. Additionally, industry plays a crucial role in the city's development. Key employers 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-3
in Porterville include the Porterville Unified School District, Walmart Distribution Center, Porterville Developmental Center, and Eagle Mountain Casino. Efforts to further diversify the industrial base are actively encouraged to strengthen the local economy. The top employers in the city are:

1. Porterville Unified School District 1,829

2. Walmart Distribution Center 1,270

3. Porterville Developmental Center 1,064 (employees)

4. Eagle Mountain Casino 954

5. Sierra View District Hospital 797

6. Burton School District 685

7. Porterville Community College 548

8. Young’s Commercial Transfer 539

9. City of Porterville 392

10. Foster Farms 362
Populations and Businesses at Risk: Residential population data for the City was obtained from the California Department of Finance E-1 Population Estimates for Cities, Counties, and the State—January 1, 2021/2022. The population is estimated to be 62,345 in an area of 17.7 square miles. The estimate is 18,354 residential units with a 2020 median value of $208,400. The most common employment sectors for those who live in Porterville are retail trade; agriculture, forestry, fishing, and hunting; and health care and social assistance.

Based upon previously occurring incidents and the risk assessment, the following hazards are most likely to affect Porterville:
• Climate Change
• Dam Inundation
• Drought
• Extreme heat
• Flood
These hazards may impact agriculture, which a major economic driver of the city, and represent critical vulnerabilities. In addition, these are hazards that represent vulnerabilities to infrastructure.

Development Trends: Historically Porterville experienced an average growth rate of 1.22% annually.

Between the 2018 population of 59,797 people and the 2022 Census of 62,491 people, the City’s population has increased by 4.51%. Historical population data and future projections were obtained from the U.S. Census Bureau, and the California Department of Finance (DOF). For analysis purposes, this data is compared to other source data relating to growth and population including the City’s General Plan.

Extrapolating the historical 1990-2010 growth rate of 3.0% would give the City a population of 97,828 or

15.5% of the county population in 2030. DOF released finalized population projections at the county level 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-4
on January 1, 2021. The City’s share of County population between 2018 where it was 12.98%, increased in 2022 to 13.09% of the total County population.

According to the 2008 Porterville General Plan Update, the City’s population has grown at an average annual rate of 3.7 percent over a 30-year period. Buildout of the General Plan would accommodate a population of approximately 107,300 in the Planning Area. However, the City’s population growth slowed to an average annual rate of 1.43 percent from 2006 to 2022. It is reasonable to assume that the City’s population will continue to grow at an average annual rate between 2.5% and 3%.

Future Development: Porterville is primarily a mix of urban and rural areas with a growing population.

Approximately 35.9 percent of the land within the total land area was being used for agriculture and other rural uses (generally categorized as Agriculture/Rural/Conservation), 30.1 percent of the planning area is categorized as single-family use, 4.9 percent was identified as vacant land. Other land uses such as commercial, retail, and industrial make up the balance. The City’s available residential, industrial and commercial land base is currently building out and may in the future require additional areas for growth.

Single-family housing construction in Porterville is likely to continue its growth despite several significant economic hardship cycles. The City population has grown steadily in the last two decades but has seen a decline in the last five years. The housing stock has also increased in the last ten years due to annexations of developed unincorporated areas.

Porterville’s commercial development is centered in the downtown and along the Olive Avenue corridor, which traverses the central portion of the city in an east-west direction. Additional commercial development is located along State Route 65, specifically in the vicinity of Henderson Avenue, Morton Avenue, and Olive Avenue. The City’s industrial areas are located in the southwest quadrant of the City near the Porterville Municipal Airport, north and south of State Route 190, west of Plano Street, and the northern part of the city along North Main Street. Schools and parks are scattered throughout the community. Figure E-1 provides a land use map of Porterville. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-5
Figure E-1: Porterville Map
Development in hazard prone areas: Population growth since approval of the 2018 MJLHMP has been less than two percent per year. Development has primarily consisted of urban infill in areas where vulnerabilities are well understood and described. Accordingly, hazard-prone areas have been avoided and there has been minimal effect to the overall vulnerability of the County.

Updated dam inundation maps include a much larger area of the County. While little new development occurred in the expanded inundation zones, vulnerability to dam inundation increased substantially and now includes most of the most populated areas of the County. Updated dam inundation maps for the County and affected cities are included in Section 4.3.9 of the Tulare County Base Plan.

The new MJLHMP addresses the new hazard of climate change. This hazard impacts the entire City.

Development in the City, the State, and globally with increased carbon emissions will result in increasing overall vulnerabilities to its impacts.

Disadvantaged Communities:

Based on information from the California Office of Environmental Health Hazard Assessment (OEHHA), the City of Porterville is classified as a disadvantaged community. The majority of the City, as seen in Figure E2, is within the red layer indicating disadvantages communities according to "CalEnviroScreen 4.0" 2022.

Only the northwest section of the city is shown to be outside of the disadvantaged communities. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-6
Tulare County LAFCo Policy C-5.11(C) defines a disadvantaged community as an area that has a median household income 80% or less of the statewide average pursuant to Public Resources Code section 75005(g) and contains at least 20 dwelling units at a density not less than one unit per acre.

Figure E-2 – Disadvantaged Communities
Source: CalEnviroScreen 4.0, 2022
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-7
E.2 Hazard Identification and Summary
Porterville faces many of the hazards that are present in the County. Table E-2 below provides a summary of hazards. Porterville is one of the few incorporated areas in the County with an urban/wildland interface. Eastern portions of the City are in the High and Medium Fire Hazard Severity Zone. The City is also within two miles of Success Dam. Warning times for a dam failure are less than 10 minutes. Much of the western portions of the City are in the inundation zone with water depths exceeding 20 feet. A rapid failure of Success Dam would result in catastrophic loss of life and injury, and property loss. Hazards in the City with unlikely frequency, limited extent, limited magnitude, and low significance were not included. These include earthquake liquefaction - subsidence, civil unrest, and terrorism/cyber terrorism.

Guidelines for Hazard Rankings
Frequency of Occurrence:

Highly Likely Near 100% probability in next year
Likely Between 10 and 100% probability in next year or at least one chance in ten years Occasional Between 1 and 10% probability in next year or at least one chance in next 100 years Unlikely Less than 1% probability in next 100 years
Spatial Extent:

Limited Less than 10% of planning area
Significant 10-50% of planning area
Extensive 50-100% of planning area
Potential Magnitude: Significance (subjective):

Catastrophic More than 50% of area affected low, medium, high Critical 25 to 50% of area affected
Limited 10 to 25% of area affected
Negligible Less than 10%
Source: 2013 FEMA Local Mitigation Planning Handbook
Table E–2: Porterville Summary of Hazards
Hazard Frequency Extent Magnitude Significance Location Climate Change Highly Extensive Catastrophic High Entire City Dam Failure Unlikely Extensive Catastrophic High Map E-3 depicts Drought Likely Extensive Catastrophic High Entire City
Earthquake: Shaking Occasional Extensive Limited Low Entire City Energy Emergency Occasional Extensive Critical Medium Entire City Extreme Heat Highly Extensive Critical High Entire City Fire Unlikely Limited Limited Low Entire City
Floods Highly Extensive Critical High Map B-14 depicts
Fog Likely Extensive Limited Low Entire City
Hazardous Materials Likely Limited Limited Low Entire City Landslide/Mudslide/Debris Unlikely Limited Negligible Low Entire City Pandemic and Vector Borne
Disease
Likely Extensive Critical Medium Entire City
Severe Storms and
High Winds
Highly
Likely
Significant Limited Medium Entire City
Wildfire Unlikely Limited Limited Low Map B-13 depicts
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-8
E.3 Risk Assessment
Vulnerability Assessment: A risk assessment determines the vulnerability of assets within the City by evaluating the inventory of City owned existing property and the population exposed to a hazard. A quantitative vulnerability assessment is limited to the exposure buildings, and infrastructures to the identified hazards. This risk assessment includes only those hazards that are natural.

Assets: The intent of this section is to assess Porterville’s vulnerability separate from that of the Operational Area as a whole, which has already been assessed in Chapter 4 Risk Assessment in the base plan. This risk assessment analyzes the population, property, and other assets vulnerable to the hazards ranked of medium or high significance that may vary from other parts of the planning area. For more information about how hazards affect the County as a whole see Chapter 4 of the base plan.

Infrastructure and Values at Risk: The following data was provided by the Director of City Services. This data should only be used as a guideline to overall values in the City as the information has some limitations. Generally, the land itself is not a loss. Table E-3 shows the 2023 inventory for the City.

Table E-3: Porterville 2023 Asset Inventory
Name Address Value Hazard Vulnerability
Fire Department Station 1 40 W. Cleveland Ave. $380,573.00 Earthquake, Dam, Flood, Fog Fire Department Station 2 500 N. Newcomb $2,040,419.00 Earthquake, Dam, Flood, Fog Police Department 350 N. "D" St. $6,013,323.00 Earthquake, Dam, Flood, Fog Public Safety Facility Police/Fire 980 S. Jaye Street $6,691,139.00 Earthquake, Dam, Flood, Fog Centennial Plaza 25 E. Thurman Ave. $2,400,000.00 Earthquake, Dam, Flood, Fog City Hall 291 N. Main Street $12,000,000.00 Earthquake, Dam, Flood, Fog Corporation Yard/Field Services 555 N. Prospect St. $8,484,296.00 Earthquake, Dam, Flood, Fog Murray Park E. Putnam Ave $1,904,440.00 Earthquake, Dam, Flood, Fog Hayes Field 945 W. Mulberry Ave. $220,818,00.00 Earthquake, Dam, Flood, Fog Golf Course 72 E. Isham Ave. $782,133.00 Earthquake, Dam, Flood, Fog Zalud House 393 N. Hockett St. $1,183,792.00 Earthquake, Dam, Flood, Fog Veteran’s Park 708 N. Newcomb St. $424,658.00 Earthquake, Dam, Flood, Fog Contractor Equipment 291 N. Main St. $1,829,818.00 Earthquake, Dam, Flood, Fog Vehicles 291 N. Main St. $25,823,671.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-9
Table E-3: Porterville 2023 Asset Inventory
Name Address Value Hazard Vulnerability
Fallen Heroes Park 356 E. Chase Ave. $599,642.00 Earthquake, Dam, Flood, Fog Vacant Commercial Building 36-38 E. Cleveland Ave. $594,750.00 Earthquake, Dam, Flood, Fog Wastewater Treatment Facility 555 N. Prospect St. $20,000,000.00 Earthquake, Dam, Flood, Fog Porterville Convalescent Hospital 1100 W. Morton Ave. Unknown Earthquake, Dam, Flood, Fog Porterville Developmental Center 26501 Ave. 140 Unknown Earthquake, Dam, Flood, Fog Sierra View Physical Therapy 385 N. Pearson Dr. Unknown Earthquake, Dam, Flood, Fog Sierra Valley Rehab. 301 W. Putnam Ave. Unknown Earthquake, Dam, Flood, Fog Sierra View District Hospital 465 W. Putnam Ave. Unknown Earthquake, Dam, Flood, Fog Sierra View District Hospital Dialysis Center 283 N. Pearson Dr. Unknown Earthquake, Dam, Flood, Fog Sun Villa Rehab & Nursing Center 350 N. Villa St. Unknown Earthquake, Dam, Flood, Fog Valley Care Center 661 W. Poplar Ave. Unknown Earthquake, Dam, Flood, Fog Water Conservation Plant 1333 W. Grand Ave. $100,203,157.00 Earthquake, Dam, Flood, Fog Residence 287 N. Hockett St. $335,199.00 Earthquake, Dam, Flood, Fog Residence 604 E. Putnam Ave. $283,253.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 01 930 W. Mulberry $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 02 Porter Rd. across From Porter BBQ $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 03 1131 N. Newcomb $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 04 Newcomb & North West Grand $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 05 Putnam & Mathew $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 06 South Jaye St. on S.E. side of River $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 07 Airport by Sludge Beds $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 08 Park & Success $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 09 Morton & Westwood $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 10 Poplar & "G" St. by Walmart D.C. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 11 Mulberry & Mathew $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 12 OHV Park by BMX Track $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 13 459 N. Mathew $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 14 Newcomb & Date $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 15 Newcomb & S. River on S. Side of
River
$250,000.00 Earthquake, Dam, Flood, Fog
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-10
Table E-3: Porterville 2023 Asset Inventory
Name Address Value Hazard Vulnerability
Sewer Lift Station 16 Mathew & Union $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 17 1850 W. Scranton Ave. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 18 Westfield & Westwood $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 19 1193 N. Lime $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 20 207 B S. Westwood St. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 21 487 S. Newcomb $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 22 2200 W. Forest Ave. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 23 East end of Edison Ct. $250,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0424, Porter Slough "E" Street $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0046, Porter Slough Main St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0076, Tule River/Poplar Ditch Road 252 (Plano St.) $20,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0098, Tule River Road 224 (Westwood) $12,500,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0099, Tule River Road 244 (Jaye St.) $12,500,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0111, Porter Slough Porter Rd. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0127, Porter Slough Road 224 (Westwood) $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0168, Porter Slough Prospect St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0170, Porter Slough Villa St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0171, Porter Slough W. Putnam Ave. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0172, Porter Slough Plano St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0173, Porter Slough Leggett Dr. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0298, Porter Slough Park Ave. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0299, Porter Slough Conner St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0424, Porter Slough "E" Street $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0425, Porter Slough Cottage St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0444, Tule River Main St. $10,000,000.00 Earthquake, Dam, Flood, Fog Porterville Municipal Airport 1893 S. Newcomb St. $2,529,037.00 Earthquake, Dam, Flood, Fog Transit Center 61 W. Oak $500,000.00 Earthquake, Dam, Flood, Fog Community Center 466 E. Putnam Ave. $1,666,497.00 Earthquake, Dam, Flood, Fog SCE Rector Electrical Substation 95 N. Cottage Earthquake, Dam, Flood, Fog Animal Shelter 23611 Rd 196, Lindsay $795,718.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-11
Table E-3: Porterville 2023 Asset Inventory
Name Address Value Hazard Vulnerability
Sports Complex Scranton Ave. 186,593.00 Earthquake, Dam, Flood, Fog The Gas Company Substation West of Newcomb on Olive Earthquake, Dam, Flood, Fog Airport 300K Tank 2200 W. Hope $628,000.00 Earthquake, Dam, Flood, Fog East Porterville 3MG Tank 785 N. Jasmine & Henderson
alignment
$3,750,000.00 Earthquake, Dam, Flood, Fog
Scenic 310K Tank 1470 Highland Dr. $388,000.00 Earthquake, Dam, Flood, Fog Scenic 3MG Tank 1054 Highland Dr. $3,750,000.00 Earthquake, Dam, Flood, Fog Highland Drive Tank 310,000 Gal Highland Dr. & Pioneer $290,901.00 Earthquake, Dam, Flood, Fog Rocky Hill 550K Tank East of Granite Hills $1,140,000.00 Earthquake, Dam, Flood, Fog Rocky Hill Booster Water Pump Station 1610 E. Putnam Ave. $467,732.00 Earthquake, Dam, Flood, Fog Martin Hill 3MG Tank Worth & Leggett $4,783,00.00 Earthquake, Dam, Flood, Fog Martin Hill Water Pump Station 543 E. Worth Ave. $580,363.00 Earthquake, Dam, Flood, Fog East Porterville 3MG Tank 785 N. Jasmine & Henderson $4,783,00.00 Earthquake, Dam, Flood, Fog East Porterville Booster Water Pump Station Henderson & Plano $517,880.00 Earthquake, Dam, Flood, Fog Booster Pump Self Contained/Skid Mount Park & Corona $136,826.00 Earthquake, Dam, Flood, Fog Airport Reservoir Water Tank 1893 S. Newcomb St. 345,134.00 Earthquake, Dam, Flood, Fog Well 01A Putnam east of 4th $1,714,169.00 Earthquake, Dam Flood, Fog Well 2 N 3rd St. & Harrison $116,523.00 Earthquake, Dam, Flood, Fog Well 03 Willow & "E" $1,714,169.00 Earthquake, Dam, Flood, Fog Well 04 Orange & "E" $1,786,223.00 Earthquake, Dam, Flood, Fog Well 06 437 W. Kanai $1,714,169.00 Earthquake, Dam, Flood, Fog Well 07 Orange & Western $1,714,169.00 Earthquake, Dam, Flood, Fog Well 08 "A" & Walnut $1,714,169.00 Earthquake, Dam, Flood, Fog Well 10 Mulberry & Hwy 65 $1,714,169.00 Earthquake, Dam, Flood, Fog Well 11 4th & Garden $1,714,169.00 Earthquake, Dam, Flood, Fog Well 12 892 W. Henderson $1,714,169.00 Earthquake, Dam, Flood, Fog Well 13 191 W. Poplar $1,714,169.00 Earthquake, Dam, Flood, Fog Well 15 Morton & "G" $1,714,169.00 Earthquake, Dam, Flood, Fog Well 16 Veterans Park (Henderson) $1,714,169.00 Earthquake, Dam, Flood, Fog Well 17 Tomah & Waukesha $1,714,169.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-12
Table E-3: Porterville 2023 Asset Inventory
Name Address Value Hazard Vulnerability
Well 18 Henderson & Belmont $1,714,169.00 Earthquake, Dam, Flood, Fog Well 19 Jaye & Tule River $1,714,169.00 Earthquake, Dam, Flood, Fog Well 20 Veterans Park (Newcomb) $2,526,747.00 Earthquake, Dam, Flood, Fog Well 21 Harrison & Hockett $1,714,169.00 Earthquake, Dam, Flood, Fog Well 22 Tomah & Newcomb $1,714,169.00 Earthquake, Dam, Flood, Fog Well 23 Union & Indiana $1,714,169.00 Earthquake, Dam, Flood, Fog Well 24 Taylor & Olive $1,714,169.00 Earthquake, Dam, Flood, Fog Well 25 Newcomb & Date $1,729,905.00 Earthquake, Dam, Flood, Fog Well 26 Indiana & Hwy 190 $1,853,179.00 Earthquake, Dam, Flood, Fog Well 27 Jaye north of Gibbons $1,853,179.00 Earthquake, Dam, Flood, Fog Well 28 "F" & Gibbons $1,854,872.00 Earthquake, Dam, Flood, Fog Well 29 2250 W. Henderson $1,853,179.00 Earthquake, Dam, Flood, Fog Well 31 Mathew & Orange $1,853,179.00 Earthquake, Dam, Flood, Fog Well AP-01 Airport east of 30K Tank $1,738,630.00 Earthquake, Dam, Flood, Fog Well AP-02 West St. $3,586,854.00 Earthquake, Dam, Flood, Fog Well EP-05 Springville Dr. (Headgate) $1,1714,169.00 Earthquake, Dam, Flood, Fog Well L01 Tomah & Beverly $1,714,169.00 Earthquake, Dam, Flood, Fog Well L05 Tomah & Salisbury $1,714,169.00 Earthquake, Dam, Flood, Fog Well L07 Thurman & Cobb $1,714,169.00 Earthquake, Dam, Flood, Fog Well L08 2107 White Chapel $1,714,169.00 Earthquake, Dam, Flood, Fog Well R05 Newcomb & Forrest $1,714,169.00 Earthquake, Dam, Flood, Fog Well R07 2006 W. Olive Ave. $1,714,169.00 Earthquake, Dam, Flood, Fog Well R-11 Iris east of Magnolia $1,714,169.00 Earthquake, Dam, Flood, Fog Well R-12 Cedar north of Iris $1,714,169.00 Earthquake, Dam, Flood, Fog Critical Facilities: The City has identified the following infrastructure in Table E-4 as critical facilities:
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-13
Table E-4: Porterville Critical Facilities
Facility Address Value Hazard Vulnerability
Fire Department Station 1 40 W. Cleveland Ave. $2,000,000.00 Earthquake, Dam, Flood, Fog Fire Department Station 2 500 N. Newcomb $2,000,000.00 Earthquake, Dam, Flood, Fog Police Department 350 N. "D" St. $2,000,000.00 Earthquake, Dam, Flood, Fog Public Safety Facility Police/Fire 980 S. Jaye Street $5,000,000.00 Earthquake, Dam, Flood, Fog Centennial Plaza 25 E. Thurman $4,475,269.00 Earthquake, Dam, Flood, Fog City Hall 291 N. Main Street $12,000,000.00 Earthquake, Dam, Flood, Fog Corporation Yard/Field Services 555 N. Prospect St. $2,500,000.00 Earthquake, Dam, Flood, Fog Temporary Porterville Library 50 W. Olive Ave. Ste B $2,323,273.06 Earthquake, Dam, Flood, Fog Office Building 155-185 North D St. $902,150.00 Earthquake, Dam, Flood, Fog Wastewater Treatment Facility 555 N. Prospect St. $20,000,000.00 Earthquake, Dam, Flood, Fog Porterville Convalescent Hospital 1100 W. Morton Unknown Earthquake, Dam, Flood, Fog Porterville Developmental Center 26501 Ave. 140 Unknown Earthquake, Dam, Flood, Fog Porterville Hemodialysis Facility 385 N. Pearson Unknown Earthquake, Dam, Flood, Fog Sierra Valley Rehab. 301 W. Putnam Unknown Earthquake, Dam, Flood, Fog Sierra View District Hospital 465 W. Putnam Ave. Unknown Earthquake, Dam, Flood, Fog Sierra View District Hospital Dialysis
Center 283 N. Pearson
Unknown Earthquake, Dam, Flood, Fog
Sun Villa Rehab & Nursing Center 350 N. Villa Unknown Earthquake, Dam, Flood, Fog Valley Care Center 661 W. Poplar Unknown Earthquake, Dam, Flood, Fog Sewer Lift Station 01 930 W. Mulberry $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 02 Porter Rd. across From Porter BBQ $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 03 1131 N. Newcomb $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 04 Newcomb & North West Grand $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 05 Putnam & Mathew $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 06 South Jaye St. on S.E. side of River $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 07 Airport by Sludge Beds $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 08 Park & Success $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 09 Morton & Westwood $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 10 Poplar & "G" St. by Walmart D.C. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 11 Mulberry & Mathew $250,000.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-14
Table E-4: Porterville Critical Facilities
Facility Address Value Hazard Vulnerability
Sewer Lift Station 12 OHV Park by BMX Track $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 13 459 N. Mathew $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 14 Newcomb & Date $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 15
Newcomb & S. River on S. Side of
River $250,000.00
Earthquake, Dam, Flood, Fog
Sewer Lift Station 16 Mathew & Union $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 17 1850 W. Scranton Ave. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 18 Westfield & Westwood $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 19 1193 N. Lime $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 20 207 B S. Westwood St. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 21 487 S. Newcomb $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 22 2200 W. Forest Ave. $250,000.00 Earthquake, Dam, Flood, Fog Sewer Lift Station 23 East end of Edison Ct. $250,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0424, Porter Slough "E" Street $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0046, Porter Slough Main St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0076, Tule River/Poplar
Ditch Road 252 (Plano St.) $20,000,000.00
Earthquake, Dam, Flood, Fog
Bridge #46C0098, Tule River Road 224 (Westwood) $12,500,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0099, Tule River Road 244 (Jaye St.) $12,500,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0111, Porter Slough Porter Rd. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0127, Porter Slough Road 224 (Westwood) $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0168, Porter Slough Prospect St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0170, Porter Slough Villa St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0171, Porter Slough W. Putnam Ave. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0172, Porter Slough Plano St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0173, Porter Slough Leggett Dr. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0298, Porter Slough Park Ave. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0299, Porter Slough Conner St. $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0424, Porter Slough "E" Street $8,000,000.00 Earthquake, Dam, Flood, Fog Bridge #46C0425, Porter Slough Cottage St. $8,000,000.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-15
Table E-4: Porterville Critical Facilities
Facility Address Value Hazard Vulnerability
Bridge #46C0444, Tule River Main St. $10,000,000.00 Earthquake, Dam, Flood, Fog Porterville Municipal Airport 1893 S. Newcomb St. $20,000,000.00 Earthquake, Dam, Flood, Fog Transit Center 61 W. Oak $855,564.00 Earthquake, Dam, Flood, Fog SCE Rector Electrical Substation 95 N. Cottage Unknown Earthquake, Dam, Flood, Fog The Gas Company Substation West of Newcomb on Olive Unknown Earthquake, Dam, Flood, Fog Airport 300K Tank 2200 W. Hope $375,000.00 Earthquake, Dam, Flood, Fog East Porterville 3MG Tank
785 N. Jasmine & Henderson
alignment $3,750,000.00
Earthquake, Dam, Flood, Fog
Scenic 310K Tank 1470 Highland Dr. $628,000.00 Earthquake, Dam, Flood, Fog Scenic 3MG Tank 1054 Highland Dr. $4,924,000.00 Earthquake, Dam, Flood, Fog Well 01A Putnam east of 4th $2,000,000.00 Earthquake, Dam Flood, Fog Well 03 Willow & "E" $2,000,000.00 Earthquake, Dam, Flood, Fog Well 04 Orange & "E" $2,000,000.00 Earthquake, Dam, Flood, Fog Well 06 437 W. Kanai $2,000,000.00 Earthquake, Dam, Flood, Fog Well 07 Orange & Western $2,000,000.00 Earthquake, Dam, Flood, Fog Well 08 "A" & Walnut $2,000,000.00 Earthquake, Dam, Flood, Fog Well 10 Mulberry & Hwy 65 $2,000,000.00 Earthquake, Dam, Flood, Fog Well 11 4th & Garden $2,000,000.00 Earthquake, Dam, Flood, Fog Well 12 892 W. Henderson $2,000,000.00 Earthquake, Dam, Flood, Fog Well 13 191 W. Poplar $2,000,000.00 Earthquake, Dam, Flood, Fog Well 15 Morton & "G" $2,000,000.00 Earthquake, Dam, Flood, Fog Well 16 Veterans Park (Henderson) $2,000,000.00 Earthquake, Dam, Flood, Fog Well 17 Tomah & Waukesha $2,000,000.00 Earthquake, Dam, Flood, Fog Well 18 Henderson & Belmont $2,000,000.00 Earthquake, Dam, Flood, Fog Well 19 Jaye & Tule River $2,000,000.00 Earthquake, Dam, Flood, Fog Well 20 Veterans Park (Newcomb) $2,000,000.00 Earthquake, Dam, Flood, Fog Well 21 Harrison & Hockett $2,000,000.00 Earthquake, Dam, Flood, Fog Well 22 Tomah & Newcomb $2,000,000.00 Earthquake, Dam, Flood, Fog Well 23 Union & Indiana $2,000,000.00 Earthquake, Dam, Flood, Fog Well 24 Taylor & Olive $2,000,000.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-16
Table E-4: Porterville Critical Facilities
Facility Address Value Hazard Vulnerability
Well 25 Newcomb & Date $2,000,000.00 Earthquake, Dam, Flood, Fog Well 26 Indiana & Hwy 190 $2,000,000.00 Earthquake, Dam, Flood, Fog Well 27 Jaye north of Gibbons $2,000,000.00 Earthquake, Dam, Flood, Fog Well 28 "F" & Gibbons $2,000,000.00 Earthquake, Dam, Flood, Fog Well 29 2250 W. Henderson $2,000,000.00 Earthquake, Dam, Flood, Fog Well 31 Mathew & Orange $2,000,000.00 Earthquake, Dam, Flood, Fog Well AP-01 Airport east of 30K Tank $2,000,000.00 Earthquake, Dam, Flood, Fog Well AP-02 West St. $2,000,000.00 Earthquake, Dam, Flood, Fog Well EP-05 Springville Dr. (Headgate) $2,000,000.00 Earthquake, Dam, Flood, Fog Well L01 Tomah & Beverly $2,000,000.00 Earthquake, Dam, Flood, Fog Well L05 Tomah & Salisbury $2,000,000.00 Earthquake, Dam, Flood, Fog Well L07 Thurman & Cobb $2,000,000.00 Earthquake, Dam, Flood, Fog Well L08 2107 White Chapel $2,000,000.00 Earthquake, Dam, Flood, Fog Well R05 Newcomb & Forrest $2,000,000.00 Earthquake, Dam, Flood, Fog Well R07 2006 W. Olive Ave. $2,000,000.00 Earthquake, Dam, Flood, Fog Well R-11 Iris east of Magnolia $2,000,000.00 Earthquake, Dam, Flood, Fog Well R-12 Cedar north of Iris $2,000,000.00 Earthquake, Dam, Flood, Fog 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-17
E.3.1 Hazard Profiles
This section provides the vulnerability assessment, including any quantifiable loss estimates, for those hazards identified in Table E-2 as high or medium significance hazards. Impacts of past events and vulnerability of the City to specific hazards are further discussed below (see Section 4.1 Hazard Identification in the Base Plan for more detailed information about these hazards and their impacts on the Tulare County Planning Area). Methodologies for evaluating vulnerabilities and calculating loss estimates are the same as those described in Section 4.3 of the Base Plan.

FEMA requires that an estimation of loss be conducted for the identified hazardsto include the number of potential structures impacted by the hazards and the total potential costs. The analysis of potential losses calculated in Sections E.3.2 through E.3.7 used the best data currently available to produce an understanding of potential loss. These estimates may be used to understand relative risk from hazards and potential losses. There are uncertainties in any loss estimation method, resulting from lack of scientific study and the exact result of hazard effects on the built environment, and from the use of approximations that are necessary for a comprehensive analysis.

Based upon previously occurring incidents and the risk assessment, the following hazards are most likely to affect the City of Porterville:
• Climate Change
• Drought
• Dam Inundation
• Extreme heat
• Wildfire
• Flood
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-18
E.3.2 Climate Change
Hazard Profile and Problem Description
Climate change adaptation is a key priority of the State of California. The 2018 State of California MultiHazard Mitigation Plan stated that climate change is already affecting California. Sea levels have risen by as much as seven inches along the California coast over the last century, increasing erosion and pressure on the state’s infrastructure, water supplies, and natural resources. The State has also seen increased average temperatures, more extreme hot days, fewer cold nights, seal level, and precipitation patterns, the intensity of extreme weather events is also changing.

Location and Extent
Climate change is a global phenomenon. It is expected to affect the whole of Tulare County, and the State of California. There is no scale to measure the extent of climate change. Climate change exacerbates other hazards, such as drought, extreme heat, and flooding. The speed of onset of climate change is terribly slow.

The duration of climate change is not yet known but is feared to be tens to hundreds of years.

Past Occurrences
Climate change has never been linked to any declared disasters. While the City noted that climate change is of concern, no specific impacts of climate change could be recalled. The City and HMPC members noted that the strength and intensity of storms does seem to be increasing and the temperatures are getting hotter.

Vulnerability to and Impacts from Climate Change
The California Adaptation Planning Guide (APG) prepared by California OES and CNRS was developed to provide guidance and support for local governments and regional collaboratives to address the unavoidable consequences of climate change. California’s APG: Understanding Regional Characteristics has divided California into 11 different regions based on political boundaries, projected climate impacts, existing environmental setting, socioeconomic factors and regional designations. Tulare County falls within the Southern Central Valley Region characterized as largely agricultural, with cities inland. The region also stretches into the foothills of the Sierra Nevada and is known as a prominent tourism access point for Yosemite National Park, Kings Canyon National Park, and Sequoia National Park. Several communities in the region rely on tourism. This information can be used to guide climate adaptation planning in the City and Tulare County Planning Area.

The California APG: Understanding Regional Characteristics identified the following impacts specific in which the Tulare County Planning Area is part of:
 Temperature increases
 Decreased precipitation
 Reduced snowpack
 Ecosystem change
 Sensitive species stress
 Flooding
 Decrease in tourism – Sierra Nevada foothills.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-19
 Wildfire risk in the Sierra Nevada foothills
Future Development
The City could see population fluctuations as a result of climate impacts relative to those experienced in other regions, and these fluctuations are expected to impact demand for housing and other development.

While there are currently no formal studies of specific migration patterns expected to impact the City and County region, climate-induced migration was recognized within the UNFCCC (United Nations Framework Convention on Climate Chage) Conference of Parties Paris Agreement of 2015 and is expected to be the focus of future studies.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-20
E.3.3 Dam Failure
Hazard Profile and Problem Description
Dams are manmade structures built for a variety of uses including flood protection, power generation, agriculture, water supply, and recreation. When dams are constructed for flood protection, they are usually engineered to withstand a flood with a computed risk of occurrence. For example, a dam may be designed to contain a flood at a location on a stream that has a certain probability of occurring in any one year. If prolonged periods of rainfall and flooding occur that exceed the design requirements, that structure may be overtopped or fail. Overtopping is the primary cause of earthen dam failure in the United States.

The Tule River and Porter Slough are natural channels for storm water discharge. Under normal conditions discharge in this River is regulated by Success Dam, located approximately five miles upstream of Porterville. Tule River flood stages at Porterville have been reduced significantly by Success Dam, which is operated for flood control by the U.S. Army Corps of Engineers. The main channel of the Tule River can pass flows of about 10,000 cubic feet per second (cfs) before extensive damage occurs. This capacity has been decreasing due to vegetation growth; the capacity was estimated at 15,000 in 1994. Damage to urban property would occur at flows of approximately 16,000 cfs.

There is an ongoing $135 million project that will widen the dam’s spillway by 150 feet and build a 10-foottall ogee weir, a structure that helps to control water flow, and will increase the amount of water Lake Success can hold from 80,000 acre-feet to nearly 110,00 acre-feet. The first phase construction was completed in February of 2022 and the second phase is underway with 2024 being predicted for when construction will be completed — not including the monitoring and oversight that will be needed before the project is officially completed in 2028.

Location and Extent
Nine dams are present in Tulare County. Of the nine dams, seven are under the jurisdiction of the State of California and two are owned and operated by federal agencies. Table 4-43 in the Base Plan lists the name, owner, year built, capacity, height, type and jurisdiction of each dam.

Success Dam, which has been owned and operated by USACE since 1961, affects the hydrology of the Lower Tule River, Porter Slough, and other small canals in the Tule River distributary network. Success Dam reservoir has a gross storage of 85,400 acre-feet. If Success Dam were to fail, the dam inundation areas will include the city of Porterville and approximately 200,000 acres of land downstream of the dam.

Past Occurrences
There has been no state or federal disaster declaration related to dam failure affecting Tulare County. The County has had no USDA disaster declarations related to dam failure, and there are no recorded dam failure events.
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General Property
A rapid failure of Success Dam would result in catastrophic loss of life and injury, and property loss. Figure 4-30 in the Base Plan depicts the potential footprint for dam inundation. Specifics of the inundation curves are contained in the Success Dam Emergency Action Plan which is a limited distribution document.

People
Persons located underneath or downstream of a dam are at risk of a dam failure, though the level of risk can be tempered by topography (specifically where populations are located whining the inundation path of a dam), amount of water in the reservoir and time of day of the breach. Injuries and fatalities can occur from debris, bodily injury, and drowning. Once a dam has breached, standing water presents all the same hazards to people as floodwater from other sources. People in the inundation area may need to be evacuated, cared for, and possibly permanently relocated. Impacts could include thousands of evacuations and likely hundreds of causalities, depending on the dam involved.

Social Vulnerability
The populations must vulnerable are those that have the least time to evacuate and need assistance.

Populations that may need assistance to evacuate include the elderly, disabled, and young. The vulnerable population also includes those who may not have adequate warning to evacuation from emergency notification systems. The loss of life is impacted by the amount of early warning time first responders and the public has prior to the incident. The potential injury and death from a short notice dam failure could be in the 10,000s.

Government Services
Short-term accessibility issues may limit staff’s abilities to perform routine duties or report to work locations, and delivery of services may be affected. Damage to facilities/personnel in incident area may require temporary relocation of some operations. Regulatory waivers may be needed locally. Fulfillment of some contracts may be difficult.

Responders in flooded areas at the time of incident or assisting in evacuations could be at risk. Impacts to transportation corridors and communication lines could affect first responders’ ability to effectively respond. Public confidence in government may e challenged by the public if planning, response, and recovery are not timely and effective, regardless of the dam owner.

Critical Facilities and Infrastructure
A total dam failure can cause catastrophic impacts to areas downstream of the water body, including critical infrastructure. Any critical asset located under the dam in an inundation area would be susceptible to the impacts of a dam failure. Of particular risk would be roads and bridges that could be vulnerable to washouts, further complicating response and recovery by cutting off impacted areas. Impacts to cities would affect key infrastructure including hospitals, fire stations, clinics, and businesses. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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Economy
A major dam incident and loss of water from the associated reservoir could include direct business and specifically impacts to the agricultural industry, resulting damages and indirect disruption of the local economy Total losses within the Porterville jurisdiction could exceed $1,000,000,000.

Historic, Cultural and Natural Resources
Dam failure effects on the environment would be similar to those caused by flooding from other causes.

Water could erode stream channels and topsoil and cover the environment with debris. For the most part the environment is resilient and would be able to rebound from whatever damages occurred, though this process could take years. However, historic and cultural resources could be affected just as housing or critical infrastructures would, were a dam to fail and cause downstream inundation that could further erode surfaces or cause scouring of structural foundations.

Future Development
In the case of a dam failure, inundation would likely follow some existing FEMA-mapped floodplains, which contain development restrictions for areas in the 1% annual chance floodplain, but it could exceed those floodplains and affect areas that are not regulated for flood hazards. Also, of note is that development below a low or undetermined hazard dam could increase its hazard rating. Finally, added development could compromise dams and reservoir resources if populations depend on them for critical needs such as potable water during or after a dam failure event.
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E.3.4 Drought & Water Shortage
Hazard Profile and Problem Description
Drought is a complex issue involving many factors – it occurs when a normal amount of precipitation and snow is not available to satisfy an area’s usual water-consuming activities. Drought can often be defined regionally based on its effects. Drought is different than many of the other natural hazards in that it is not a distinct event and usually has a slow onset. Drought can severely impact a region both physically and economically. Drought affects different sectors in different ways and with varying intensities. Adequate water is the most critical issue and is critical for agriculture, manufacturing, tourism, recreation, and commercial and domestic use. As the population in the area continues to grow, so will the demand for water.

Location and Extent
Drought and water shortage are regional phenomena. The whole of the County, as well as the whole of the City, is at risk. The US Drought Monitor categorizes drought conditions with the following scale:
 None
 D0 – Abnormally dry
 D1 – Moderate Drought
 D2 – Severe Drought
 D3 – Extreme drought
 D4 – Exceptional drought
Drought has a slow speed of onset and a variable duration. Drought can last for a brief period of time, which does not usually affect water shortages and for longer periods. Should a drought last for an extended period of time, water shortage becomes a larger issue. Current drought conditions in the City and the County are shown in Section 4.3.2 of the Base Plan.

Past Occurrences
There have been three state disaster declarations and zero federal disaster declaration from drought.

This can be seen in Table E-5.

Table E-5 Tulare County - State and Federal Drought Disaster Declarations 2014 - 2022 Disaster Type Count
State Declarations
Years Count
Federal Declarations
Years
Drought 1 2014 0
1 2021
1 2022
Source: Cal OES, FEMA
Since drought is a regional phenomenon, past occurrences of drought for the City are the same as those for the County and includes multi-year droughts since 2012, according to drought declaration from USDA for the County. Details on past drought occurrences can be found in Section 4.3.2 of the Base Plan. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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In the most recent drought starting in 2014, according to data from Cal OES/FEMA, mandatory conservation measures were followed; grass, trees, and other greenery in parks, medians and other common areas maintained by the City were significantly altered and replaced with drought tolerant and native plants. The City was able to mitigate some of the local impacts associated with drought through an increase in water conservation measures.

Vulnerability to and Impacts from Drought and Water Shortage Based on historical information, the occurrence of drought in California, including the City, is cyclical, driven by weather patterns. Drought has occurred in the past and will occur in the future. Periods of actual drought with adverse impacts can vary in duration, and the period between droughts can be extended.

Although an area may be under an extended dry period, determining when it becomes a drought based on impacts to individual water users.

With more precipitation likely falling as rain instead of snow in the Sierra’s and warmer temperatures causing decreased snowfall to melt faster and earlier, water supply is likely to become more unreliable. In addition, drought and water shortage is predicted to become more common. This means less water available for use over the long run, and additional challenges for water supply reliability, especially during periods of extended drought.

Impacts
The vulnerability of the City to drought is City-wide, but impacts may vary and include reduction in water supply and an increase in dry fuels. The potential for a reduction in water supply during drought conditions generally leads to both mandated and voluntary conservation measures during extended droughts. During these times, the costs of water can also increase. The increased dry fuels and fuel loads associated with drought conditions can also result in an increased fire danger. In areas of extremely dry fuels, the intensity and speed of fires can be significant. Water supply and flows for fire suppression can also be an issue during extended droughts.

People
The historical and potential impacts of drought on populations include agricultural sector job loss, secondary economic losses to local businesses and public recreational resources, increased cost to local and state government for large-scale water acquisition and delivery, and water rationing and water wells running dry for individuals and families. As drought is often accompanied by prolonged periods of extreme heat, negative healthy impacts such as dehydration can also occur, where children and elderly are most susceptible. Air quality often declines in times of drought which can affect those with respiratory ailments.

Social Vulnerability
The populations within disadvantaged communities in the City would be impacted by a severe drought or water shortage. Further, the economically impaired elderly population could be most vulnerable in a drought and water shortage condition do the need of delivered and purchasing of water from outside sources. Having the ability to purchase water from an outside source and being able to pick up large amounts of water could be most challenging for the elderly. The cost of outsourced water could also be an 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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effect for those families in the City who do not have the income flexibility for an unforeseen expense or rise in water cost.

Government Services
Government services can be impacted from a major drought or water shortage by affecting the City’s ability to provide the same level of services via its water system, and other responsibilities. If a drought impacts well production, they City may not be able to provide the adequate amount of water services to its users.

A drought or water shortage would also pull city staff away from other duties, while the city staff works under a disaster declaration to prioritize and alleviate the drought and water shortage as urgently as possible. If the drought causes subsidence and impacts infrastructure, the city will need to focus on water infrastructure repairs, and possible water quality issues.

Critical Facilities
The majority of critical facilities which would be impacted are water system distribution facilities. If a drought of severity occurred, the city wells would likely be negatively affected by requiring the need to lower the pumping levels of the well. When water levels are changing due to drought, the water system could be impacted by changes in potable water quality.

Services that require ample water supply and pressure, such as firefighting services, would be impacted if a water shortage or drought impacted water psi in the distribution system, or reduced the amount of water available for such services.

Economy
The extent of impact to the economy is difficult to quantify, as it would depend on the duration of a the drought or water shortage, and ability for businesses to adapt by procuring water from sources outside of the city’s capabilities.

Historic, Cultural and Natural Resources
Natural resources would be at risk of negative impacts from a drought due to the adverse effect it could have on local streams, wetlands, and an irrigation lake, which host a variety of wildlife.

The impact to wildlife would be a cause of droughts effect on natural resources in the area. Vegetation would also be impacted, as drought would dehydrate plant life, while a shortage of water would require aggressive irrigation measures which would further cause dehydration of habitats.

Future Development
As the population in the area continues to grow, so will the demand for water. Water shortages in the future may be worsened by drought, as the City relies on ground water for its water source. Increased planning will be needed to account for population growth and increased water demands. The City is actively pursuing upgrades to the water distribution system, with plans to add more wells, storage tanks, and pumps to the infrastructure. The city’s water supply capabilities is currently adequate for the maximum daily demand, however a water shortage in the form of drought could reduce the cities capacity to provide the required 2.82 million gallons per day.
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E.3.5 Severe Weather: Extreme Heat
Hazard Profile and Problem Description
According to FEMA, extreme heat is defined as temperatures that hover 10 degrees or more above the average high temperature for the region and lasts for several weeks.

Location and Extent
Heat is a regional phenomenon and affects the whole of the City. Heat emergencies are often slower to develop, taking several days of continuous, oppressive heat before a significant or quantifiable impact is seen. Heat waves do not strike victims immediately, but rather their cumulative effects slowly affect vulnerable populations and communities. Heat waves do not generally cause damage or elicit the immediate response of floods, fires, earthquakes, or other more “typical” disaster scenarios.

The NWS has in place a system to initiate alert procedures (advisories or warnings) when extreme heat is expected to have a significant impact on public safety. The expected severity of the heat determines whether advisories or warnings are issued. The NWS HeatRisk forecast provides a quick view of heat risk potential over the upcoming seven days. The heat risk is portrayed in a numeric (0-4) and color (green/yellow/orange/red/magenta) scale which is similar in approach to the Air Quality Index (AQI) or the UV Index. This can be seen in Section 4.3.2 of the Base Plan.

Past Occurrences
The City Planning Team noted that since extreme heat is a regional phenomenon, events that affected the County also affected the City. Those past occurrences were shown in the Base Plan in Section 4.3.2 Vulnerability to and Impacts from Extreme Heat
The City experiences temperatures in excess of 100o
F during the summer and fall months. The temperature
moves to 105-115o
F in rather extreme situations. During these times, drought conditions may worsen, and the City may see an increase in dry fuels. Also, power outages events may occur during these times as well.

Health issues are the primary concern with this hazard, although economic impacts can also be an issue, especially if sever heat events result in power outages.

General Property
The impact to general property caused by extreme heat is mainly due to its impact on vegetation in the City. With extreme heat, there is more susceptibility to very dry vegetation, which can create hazards for property due to the increased potential for fires. Extreme heat can be an indicator of drought like conditions, therefore with extreme heat water system property could be impacted due to strains on the system requiring potable water wells to require additional upgrades.

Extreme heat can put a strain on HVAC systems and the electrical supply in the City, due to households having prolonged air conditioning.
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People
Heat kills by taxing the human body beyond its abilities. In extreme heat and high humidity, evaporation is slowed, and the body must work extra hard to maintain a normal temperature. Most heat disorders occur because the victim has been overexposed to heat or has over-exercised for his or her age and physical condition. Older adults, young children, and those who are sick or overweight are more likely to succumb to extreme heat.

Extreme heat is more likely to affect vulnerable populations. Vulnerability to extreme heat will increase as the average age of the population in each City shifts. It is encouraged that nursing homes and elder care facilities have emergency plans or backup power to address power failure during times of extreme heat.

Low-income residents and homeless populations are also vulnerable. Cooling centers for these populations should be utilized when necessary.

Social Vulnerability
The most vulnerable groups to extreme heat are infants, children up to four years old, people 65 years and older, and people who are overweight. Athletes and outdoor workers are identified as higher risk groups for extreme heat conditions, since they are mostly active outdoors and have limited options for staying cool, and more likely to become dehydrated (cdc.gov).

Social groups who are low-income are considered at a higher risk from extreme heat since their access to air conditioning may not be available or limited.

Government Services
Extreme heat may impact electrical supply, and cause power outages. In these instances, government services can be hindered. If extreme heat exacerbates drought conditions, then it can also be an ancillary cause to municipal water supplies.

Critical Facilities
Extreme heat can have many impacts across different critical infrastructures. Power lines become less efficient from overheating during extreme heat events. Roadways, concrete structures, and sidewalks can develop cracks caused by extreme heat (cisa.gov). If extreme heat contributes to subsidence in the City, there can be further damage to infrastructure such as underground utilities and water systems.

Economy
Economical impacts from extreme heat can occur as a secondary effect from other vulnerability impacts previously discussed. For example, strains on households from higher electric bills, or break downs in municipal infrastructure can both be caused from extreme heat, which in turn impact the economical health of residents and the City budget.

There is a large agricultural industry within the City which can be strained due to extreme heat. When extreme heat occurs agriculture can be impacted by interrupting work schedules for outdoor laborers, and by impacting crop production.
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Historic, Cultural and Natural Resources
Natural resources in the City such as water ways and vegetation are at risk of negative impacts from long durations of extreme heat. An increase in dehydration of vegetation and evaporation from water ways can be detrimental to natural resources, causing drought conditions and higher risk for wildfires to develop.

Future Development
Future development of new buildings in the City will likely not be affected by extreme heat. Extreme heat is more likely to affect vulnerable populations. Vulnerability to extreme heat will increase as the average age of the population in the City shifts. It is encouraged that nursing homes and elder care facilities have emergency plans or backup power to address power failure during times of extreme heat and in the event of a PSPS. Low-income residents and homeless populations are also vulnerable. Cooling centers for these populations should be utilized when necessary.
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E.3.6 Wildfire
Hazard Profile and Problem Description
California is recognized as one of the most fire‐prone and consequently fire‐adapted landscapes in the world. The combination of complex terrain, Mediterranean climate, and productive natural plant communities, along with ample natural and aboriginal ignition sources, has created conditions for extensive wildfires. Wildland fire is an ongoing concern for the Tulare County Planning Area. Generally, the fire season extends from June through October of each year during the hot, dry months; however, recently the fire season has been nearly year around. Fire conditions arise from a combination of high temperatures, an accumulation of vegetation, low humidity, and high winds. Wildland fires that burn in natural settings with little or no development are part of a natural ecological cycle and may actually be beneficial to the landscape. Century old policies of fire exclusion and aggressive suppression have given way to better understanding of the importance fire plays in the natural cycle of certain forest types.

Location and Extent
Wildfire risk in Tulare County varies by location. According to the HMPC, within the County, the middle and upper elevations of the County are the primary concern when considering the wildland fire hazard, with their limited access, steep terrain, and remote location. Factors contributing to the wildfire risk in Tulare County include:
 Overstocked forests, severely overgrown vegetation, and lack of defensible space around structures;
 Excessive vegetation along roadsides and hanging over roads, fire engine access, and evacuation routes;
 Drought and overstocked forests with increased beetle infestation or kill in weakened and stressed trees;
 Narrow and often one-lane and/or dead-end roads complicating evacuation and emergency response as well as the many subdivisions that have only one means of ingress/egress;  Inadequate or missing street signs on private roads and house address signs;  Nature and frequency of lightning ignitions; and
 Increasing population density leading to more ignitions.

Table 4-66 in the Base Plan lists all wildfires in Tulare County between the years of 2007 and 2022 by acres burned. Figure 4-100 displays a map of fire hazard areas within the Porterville area.

Past Occurrences
Tulare County has received four (4) Federal Disaster Declarations for Fire in the years 2016, 2017, and 2020 (twice). NDC has also tracked 82 wildfire events that occurred in Tulare County from 1997 to 2022 which had a combined estimated property damage cost of $66,333,000. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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General Property
Structures near the urban/wildland interface are susceptible to wildland fire. Impacts on low density communities are limited. The potential impacts of wildfire on property include crop loss, injury and death of livestock and pets, and damage to infrastructure, homes and other buildings located throughout the wildfire risk area
People
Wildland fires result in a high risk for personal injury, loss of life to inhabitants of the fire area and firefighters, and losses of structures and personal property. Wildfires in or near the foothills frequently require emergency evacuation and sheltering, often for many days.

Social Vulnerability
Indirect impacts from wildfires on people are related to dense smoke from fires within the region. Wildfires in the past three years have decreased the air quality throughout Tulare County, and many of the wildfires located over 150 miles from the County have resulted in poor air quality in the Central Valley (e.g. Dixie Fire in 2021 resulted in poor air quality across portions of Northern California). Dense smoke poses a risk to both people with compromised health as well as those considered healthy Government Services
Tulare County is exposed to a variety of wildfire hazard conditions that vary based on fuels, topography, weather, and human behavior. Cal FIRE, as required by Government Code Section 51181, has undertaken a statewide program to map areas of potential wildfire severity, and to describe the potential for wildfires to occur in a given area; the resulting Fire Hazard Severity Zones (FHSZs) adopted in November 2007 for the State Responsibility Areas (SRA) and adopted in September 2007 for the Local Responsibility Area (LRA) are shown in Figures 4-97 and 4-98 in the Base Plan.

Critical Facilities and Infrastructure
Critical facilities are those community components that are most needed to withstand the impacts of disaster, as previously described in the Assets section. Wildfire impacts to critical facilities can include structural damage or destruction, risk to persons located within facilities, disruption of transportation, shipping, and evacuation operations, and interruption of facility operations and critical functions.

Critical facilities and infrastructure also create an increased risk for the occurrence of wildfires. Overhead electric transmission lines have been known to spark wildfires. According to data from the California Public Utilities Commission, the State’s three largest utility companies collectively reported 2,009 ignitions statewide between 2014-2017. Most of these instances were small, less than one acre in size, however these fires can grow rapidly under the right fire conditions. Identifying critical facilities and infrastructure and mitigating their potential risks is important both for maintaining the County’s resilience and for reducing the potential impacts of wildfire.

Economy
The economic impacts of wildfire include loss of property, direct agricultural sector job loss, secondary economic losses to businesses in or near wildland resources like parks and national forests, and loss of 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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public access to recreational resources. Fire suppression may also require increased cost to local and state government for water acquisition and delivery, especially during periods of drought when water resources are scarce. In addition to the obvious impacts on crops and animals, wildland fire can have damaging effects on soil and water that will impact agriculture for an extended period of time. Costs to the City of Porterville will include emergency response and damage to private property. Total costs are likely to be less than $10,000,000.

Historic, Cultural and Natural Resources
Historic sites and structures are sensitive in nature, and may not have been built according to the latest building codes due to their age, and it is expected that they may be at risk of wildfires because of their potential inability to withstand significant heat.

Future Development
Any population increases in the Planning Area will continue to make wildfire vulnerability a growing issue, especially as future development expands into higher fire risk areas. These risks can however be managed with strong land use regulations and building code requirements, and with policies established in the Safety Element of the General Plan. For example, policies requiring fire-resistant vegetation, clustered development, and vegetation clear zones in areas with high and extreme fire hazard. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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E.3.7 Flood
Hazard Profile and Problem Description
Flooding is the rising and overflowing of a body of water onto normally dry land. Floods are among the costliest natural disasters in terms of human hardship and economic loss nationwide.

Porter Slough has a designated capacity of 450 cfs and is an officially designated floodway of Tule River as determined by the Central Valley Flood Protection Board. However, in practice the policy has been to prevent Tule River flood flows from entering Porter Slough in order to avoid potential flooding problems in central Porterville. Controlled flows have been released into Porter Slough for groundwater recharge. In addition to delivering water for irrigation, the private irrigation ditches also provide extra capacity to carry peak flood flows and urban stormwater runoff.

The City owns approximately 25 stormwater basins, which are currently sized only to accept flood waters.

These basins provide temporary storage of excess water and allow some of the runoff to evaporate or percolate into the aquifer. The City will consider developing additional detention basins that may serve groundwater recharge purposes as well as stormwater detention.

Location and Extent
Flooding occurs in the city during periods of heavy rain due to inadequate drainage. The flat geography also contributes to ponding. The City of Porterville contains property indicated as within a Special Flood Hazard Area on FEMA’s Digital Flood Insurance Rate Map (DFIRM), as seen in Figure 4-58 in the Base Plan.

Past Occurrences
Tulare County has received multiple historical floods resulting in both State and Federal Disaster Declarations, although The City of Porterville has not directly received flooding of that extent.

General Property
There are no accurate costs values associated with past flood events. Future flood incidents will likely result in structural damage and lost economic activity. Flood cost could be in excess of $100,000,000.

The City of Porterville participates in the National Flood Insurance Program. Table E-6 shows the reported policies as of September 30, 2022 (the latest NFIP data provided).

Table E-6 National Flood Insurance Program Participation Community
Name
Community
Number
Total
Premium
+ FPF
Total
Policy
Count
Total
Coverage
Total
Losses
Total
Net
Dollars
Paid
Porterville,
City Of
060407 $158,105 183 $37,175,600 22 $50,678
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People
Those in disadvantaged communities, are unhoused, or elderly or disabled may have difficulty navigating themselves to safety due to flooding or closed roadways. Lack of access to shelters or emergency services would impact many people in a community and would possibly put lives at risk. Floods kill more people trapped in vehicles than anywhere else. During a flood, people can also suffer heart attacks or electrocution due to electrical equipment short outs.

Social Vulnerability
Those in disadvantaged communities, are unhoused, or elderly or disabled may have difficulty navigating themselves to safety due to flooding or closed roadways. Lack of access to shelters or emergency services would impact many people in a community and would possibly put lives at risk. It is also important to note that many people in The City may not be able to understand or speak English to a fluent enough level that emergency services could assist them even if they are able to be contacted in an emergency.

Government Services
Publicly owned facilities are a key component of daily life for all citizens of the County. Public buildings are of particular importance during flood events because they house critical assets for government response and recovery activities. Damage to public water and sewer systems, transportation networks, flood control facilities, emergency facilities, and offices can hinder the ability of the government to deliver services. Loss of power and communications can be expected. Drinking water and wastewater treatment facilities may be temporarily out of operation. Flooding can have various impacts to responders in terms of response time and the personal safety of first responders. Flooded roadways are a common occurrence throughout the Planning Area and can block emergency vehicles from crossing certain areas, delaying response times. Flood events can often result in motorists needing to be rescued from stalled vehicles in flooded roadways. These types of challenges can often be dangerous for the first responders due to potentially polluted waters as well as swift currents.

Critical Facilities and Infrastructure
Key support facilities and structures most necessary to withstand the impacts of, and respond to, natural disasters are referred to as critical facilities. Examples of these critical facility types include utilities, transportation infrastructure, and emergency response and services facilities, given failures of components along major lifelines or even closures or inaccessibility to key emergency facilities could limit if not completely cut off transmission of commodities, essential services, and other potentially catastrophic repercussions. Floods and levee failure have the ability to disrupt, damage, or destroy these critical facilities, which in turn can impede the ability of The City to respond to and recover from a major flood event.

Floods can occur in both 0.2% and 0.5% flood zones, but they are only implemented and monitored flood mitigations in relation to properties and buildings within the 1% or 100 year flood plain. This means that those properties may be more vulnerable to large storms since there are no direct mitigation measures in place to protect those properties.
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Economy
Effects on the agriculture economy can be devastating, and a large amount of area at risk to flooding in the County is agricultural. Flooding can damage crops and livestock. In addition to the obvious impacts on crops and animals, flooding can have deleterious effects on soil and the ability to reinvigorate the agricultural activities impacted once the flood waters recede. Damage to water resources such as underground irrigation systems, water storage reservoirs, springs and other natural water bodies could have a serious effect upon agriculture operations.

Historic, Cultural and Natural Resources
Natural resources in the City such as water ways and vegetation are at risk of negative impacts from long durations of extreme heat. An increase in dehydration of vegetation and evaporation from water ways can be detrimental to natural resources, causing drought conditions and higher risk for wildfires to develop.

Future Development
Communities that participate in the NFIP adopt regulations and codes that govern development in special flood hazard areas (SFHAs) and enforce those requirements through their local floodplain management ordinances through the issuance of permits. Tulare County’s floodplain management ordinance provides standards for development, subdivision of land, construction of buildings, and improvements and repairs to buildings that meet the minimum requirements of the NFIP. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
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E.4 Capability Assessment
A capability assessment is intended to identify Porterville’s capacity to successfully implement mitigation activities. Understanding internal and external processes, resources, and skills forms the basis of implementing a successful HMP. Understanding strengths and weaknesses also helps ensure that goals and objectives are realistic and attainable.

The City of Porterville conducted an assessment of capabilities that contribute to the reduction of longterm vulnerabilities to hazards. The capabilities include authorities and policies, such as legal and regulatory resources, staff, and fiscal resources. Staff resources include technical personnel such as planners/engineers with knowledge of development and land management and an understanding of natural or human-caused hazards. The planning team also considered ways to expand on and improve existing policies and programs with the goal of integrating hazard mitigation into the day-to-day activities and programs of the City. In carrying out the capability assessment, several areas were examined:
• Planning and regulatory capabilities
• Administrative and technical resources
• Fiscal resources including grants, mutual aid agreements, operating funds, and access to funds • Technical and staff resources to assist in implementing/overseeing mitigation activities • Education and Outreach
• Previous and Ongoing Mitigation Activities
Tables E-7 through E-10 provide a list of the City’s capabilities.

FEMA REGULATION CHECKLIST: CAPABILITY ASSESSMENT
Capability Assessment
44 CFR § 201.6(c)(3): – The plan must include mitigation strategies based on the jurisdiction's “existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools.” Elements
C1. Does the plan document the jurisdiction’s existing authorities, policies, programs and resources, and its ability to expand on and improve these existing policies and programs? 44 CFR § 201.6(c)(3) C2. Does the Plan address the jurisdiction’s participation in the NFIP and continued compliance with NFIP requirements, as appropriate? 44 CFR § 201.6(c)(3)(ii) Source: FEMA, Local Mitigation Plan Review Tool, March 2013.

Note: For coverage of Elements C3 – C5, see Section 8, Mitigation Strategies. For coverage of Element C6, see Section 9, Plan Maintenance.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-36
Incorporation into other plans: FEMA requires the HMP to be consistent with and incorporated into other planning documents and processes.

In Porterville, these other planning documents and processes include the General Plan Update, the City Code zoning ordinances and various infrastructure master plans. The term incorporated in planning terms means that the HMP and the other plans have similar community goals and policies, that they advocate similar land use patterns, and they are consistent in their guidance of direction and rate of growth. As other plans are updated or created, the HMP should be used as guidance.

Planning and Regulatory Capabilities: These include local ordinances, policies, and laws to manage growth and development. Examples include land use plans, capital improvement plans, transportation plans, emergency preparedness and response plans, building codes, and zoning ordinances.

Table E-7: Porterville Planning and Regulatory Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
General Plan 2030 The City’s General Plan provides a policy base to guide future growth within the City. It was created by planners, engineers, and technical staff with knowledge of land development, land management practices, as well as human-caused and natural hazards. The City:
• Develops and maintains the General Plan, including the Safety Element.
• Develops area plans based on the General Plan, to provide more specific guidance for the development of more specific areas. • Reviews private development projects and proposed capital improvements projects and other physical projects involving property for consistency and conformity with the General Plan. • Anticipates and acts on the need for new plans, policies, and Code changes.
• Applies the approved plans, policies, code provisions, and other regulations to proposed land uses.

Expansion and Improvement: The MJLHMP may be adopted as part of the Safety Element by the City Council. As the Safety Element is updated, revised hazard analysis from the MHLHMP will be incorporated. Safety Element actions will be aligned with MJLHMP mitigation measures.

All General Plan update is in
process and is to commence
2024, updates include the
Health & Safety Element and
Environmental Justice
Element
Planning
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-37
Table E-7: Porterville Planning and Regulatory Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
California Building
Code
Enforcement
The California Building Standards Code, Title 24 serves as the basis for the design and construction of buildings in California including housing, public buildings and maintenance facilities. Improved safety, sustainability, maintaining consistency, new technology and construction methods, and reliability are paramount to the development of building codes during each Triennial and Intervening Code Adoption Cycle.

California’s building codes are published in their entirety every three (3) years. Amendments to California’s building standards are subject to a lengthy and transparent public participation process throughout each code adoption cycle. The California Seismic Safety Commission provides access to an array of regulatory and advisory information at:
http://www.seismic.ca.gov/cog.html
Earthquake,
Fire, Floods,
Severe winter
storm/high
winds
Updated 2023. New 2022
Code Cycle adopted; latest
standards related to building
safety & sustainability to
mitigate against identified
hazards.

Regulatory
Capital
Improvement
Program (CIP)
The City’s CIP provides a foundation and planning tool to assist in the orderly acquisition of municipal facilities and to assure that service needs for the future are met. The CIP provides direct or contract civil, structural, and mechanical engineering services, including contract, project, and construction management.

Expansion and Improvement: The MJLHMP will be used to select potential projects for the CIP. As the CIP is updated, additional mitigation measures will be analyzed and included in the Porterville section of the MJLHMP. Funding for CIP projects identified in the MJLHMP will be reviewed for mitigation grant program eligibility.

Dam Failure,
Earthquake,
Fire, Floods,
Landslides,
Levee failure,
Severe winter
storm/high
winds
Yes, last updated 2023. CIP
includes programmed
funding for disaster recovery
and infrastructure rehab
project for handling
stormwater flows that could
occur due to severe storms,
levee failure, flooding, or
dam failure.

Planning
Tulare County
Local Agency
Formation
Commission
(LAFCo) Municipal
MSRs are intended to provide a comprehensive analysis of the City’s ability to provide services within its sphere of influence (SOI). LAFCo must make determinations in each area of evaluation. The MSR considers and makes recommendations based on the following information:
• Growth and population projections for the affected area.

All Last updated 2013. Will be
updated with next
comprehensive Sphere of
Influence review or General
Plan update, anticipated to
occur in 2025.

Planning
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-38
Table E-7: Porterville Planning and Regulatory Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
Service Review
(MSR)
• Location and characteristics of any disadvantaged
unincorporated communities in the affected area.
• Present and planned capacity of public facilities, adequacy of public facilities, and infrastructure needs or deficiencies. • Financial ability to provide services.
• Status of and opportunities for shared facilities.
• Accountability
• Any other matter as required by LAFCo policy.

City Code of
Ordinances
The purpose of this code is to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation, and safety to life and property from fire and other hazards attributed to the built environment; to regulate and control the demolition of all buildings and structures, and for related purposes.

Expansion and Improvement: The MJLHMP will provide both hazard descriptions and mitigation actions that may address energy conservation, fire protection, and development in hazard prone areas.

The maps of Porterville related hazards will be used to augment other mapping products to protect public health and safety when updating City Code.

Earthquake,
Fire,
Flooding,
The City of Porterville is
currently doing a
comprehensive update of
the Zoning Ordinance.

Updates are regularly made
to the other sections of the
City Code of Ordinances,
including Title 3 addressing
Fire Regulations and Title 4
addressing Building
Regulations.

Regulatory
Emergency
Operations Plan
(2015)
Describes what the local jurisdiction’s actions will be during a response to an emergency. Includes annexes that describe in more detail the actions required of the local jurisdiction’s departments/agencies.

Further, this plan describes the role of the Emergency Operation Center (EOC) and the coordination that occurs between the EOC and the local jurisdiction’s departments and other response agencies.

Finally, this plan describes how the EOC serves as the focal point among local, state, and federal governments in times of disaster.

All Yes: Mitigation and
preparedness sections.

Hazard descriptions.

Planning
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-39
Table E-7: Porterville Planning and Regulatory Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
Expansion and Improvement: The MJLHMP will be used as an essential tool to update the City EOP. Cal OES requires that EOPs describe applicable hazards as part of the Plan. The latest MJLHMP hazards descriptions will be included. Mitigation actions that are preparedness and response in nature will be analyzed for applicability to include in the description of EOP processes and procedures.

Stormwater
Quality
Management
Program
(SWQMP) - Storm
Water
Management Plan
(2009)
Describes measures that the local jurisdiction will take to minimize stormwater pollution. The SWQMP is required by the National Pollutant Discharge Elimination System Phase II regulations, which became effective in March 2003.

Expansion and Improvement
The City’s Engineering Department will implement the City’s stormwater quality management program. Expansion and
improvement of best management practices through overseeing grading permit issuance and in-field inspections.

Flooding The City’s Engineering
Department requires
pollution control measures
such as best management
practices, a SWPPP, and
NPDES permits, in addition
to adherence to the City’s
MS4 Permit to control and
minimize stormwater
pollution during grounddisturbing activities as part
of construction projects.

Planning
With additional resources the City could accelerate updates to several planning and regulatory documents, such as the Health & Safety Element and the Environmental Justice Element of the General Plan, Capital Improvement Program, and Emergency Operations Plan. With additional resources the City could also begin the creation and implementation of other planning and regulatory documents, such as a Stormwater Quality Management Plan.

Administrative and Technical: These capabilities include community (including public and private) staff and their skills and tools used for mitigation planning and implementation. They include engineers, planners, emergency managers, GIS analysts, building inspectors, grant writers, and floodplain managers.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-40
Table E-8: Porterville Administrative and Technical Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
Engineers, project
managers, technical
staff, equipment
operators, and
construction staff
within the Public
Works Department.

Maintain and operate a wide range of local equipment and facilities as well as for providing assistance and services to members of the public.

These include providing potable water, reliable sewer services, street maintenance, storm drainage systems, street cleaning, streetlights, and traffic signals.

Expansion and Improvement:

Further coordination with these staff as part of the rollout of the City’s Emergency Operations Plan will take place.

All The City’s Public Works
Department continues to
provide clean fresh water,
reliable sewer services,
street maintenance, storm
drainage systems, street
cleaning, street lights, and
traffic signals
Technical
Procurement
Department
Provides a full range of municipal financial services, administers several licensing measures, and functions as the plan participant’s Procurement Services Manager.

Expansion and Improvement:

The City’s Finance Department and procurement functions are being integrated as part of the City’s Emergency Operations Center and Plan All The City’s Finance
Department oversees the
City’s financial services
administration and
management for internal
finances as well as services
provided by contractors
through City procurement
policy.

Technical
Engineers,
Inspectors, Code
enforcement
officers, and other
technical staff
within the
Porterville Fire
Department
Building Inspections
and Planning
Division
Provide for building inspection and code certifications.

Expansion and Improvement:

In order to improve on administrative and technical capabilities, the City needs to enhance data collection and extraction technology. The City of Porterville Fire Department’s goals to utilize cloud-based reporting software that will optimize GIS data collection.

Fire,
Earthquake
The City’s Building Division,
Code Enforcement Division,
and Fire
Prevention/Inspection
personnel regularly conduct
inspections related to fire,
life safety, and structural
stability. They also inspect,
along with the City’s
Engineering Division,
buildings and infrastructure
for damage after
earthquakes or fires
Technical
Floodplain
Administrator
Reviews and ensures that new development proposals do not increase flood risk, and that new developments are not located below the 100-year flood level. In addition, the Floodplain Administrator is Flood City planning & engineering
staff routinely review
development proposals to
Technical
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-41
Table E-8: Porterville Administrative and Technical Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
responsible for planning and managing flood risk reduction projects throughout the local jurisdiction or tribal area.

Expansion and Improvement:

Mapping and knowledge of the flood zone will be integrated into the Emergency Operations Center and Plan.
ensure they are not being
proposed within the
floodplain.

Emergency
Manager
Maintains and updates the Emergency Operations Plan for the local jurisdiction. In addition, coordinates local response and relief activities within the Emergency Operation Center, and works closely with county, State, and federal partners to support planning and training and to provide information and coordinate assistance.

Expansion and Improvement:

The City’s Emergency Manager will continue to work on leading the preparations and updates for the Emergency Operations Plan and preparations for the City’s Emergency Operations Center.

All The City’s Fire Chief serves as
the emergency manager and
lead for the City’s Emergency
Operation Plan & Center. The
Fire Chief works closely with
the County, state, and
federal partners, and is
actively working with these
partners on training City
members of the EOC, as well
as preparing for the EOP
update.

Technical
Additional resources could assist in finishing to equip and staff the City’s Emergency Operations Center and aid in supporting the update to the City’s Emergency Operations Plan.

Fiscal: These capabilities include general funds, property sales, bonds, development impact fees, or other fees.

Table E-9: Porterville Fiscal Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
General Fund Program operations and specific projects.

Expansion and Improvement: The City of Porterville plans to update its Community Risk and Vulnerability
Assessment. Based on the results of this assessment, the City will evaluate the feasibility of applying for a FEMA All The City’s Finance Department manages
the allocation of General Fund resources,
including those used to fund hazard
mitigation and disaster response
operations and projects.

Financial
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-42
Hazard Mitigation Assistance grant for drought
mitigations
General Obligation
Bonds
GO Bonds are appropriately used for the construction
and/or acquisition of improvements to real property
broadly available to residents and visitors. Such facilities include, but are not limited to, libraries, hospitals, parks, public safety facilities, and cultural and educational
facilities.

Expansion and Improvement:

GO Bonds will be one of the fiscal resources to account for in preparation of emergency response and mitigation
planning.

All The City’s Finance Department manages
and ensures that GO Bonds are
appropriately used.

Financial
Lease Revenue
Bonds
Funding
Lease revenue bonds are used to finance capital projects that (1) have an identified budgetary stream for
repayment (e.g., specified fees, tax receipts, etc.); (2) generate project revenue but rely on a broader pledge of general fund revenues to reduce borrowing costs; or (3) finance the acquisition and installation of equipment for the local jurisdiction’s general governmental purposes.

Expansion and Improvement:

Lease Revenue bonds are a fiscal tool that will also be accounted for in terms of emergency response and
preparedness planning, albeit with appropriate controls on allowable use.

All The City’s Finance Department monitors
and regularly reports on Lease Revenue
Bonds.

Financial
Public-Private
Partnerships for
Economic and
Redevelopment
Includes the use of local professionals, business owners, residents, and civic groups and trade associations,
generally for the study of issues and the development of guidance and recommendations.

Expansion and Improvement:

The City will encourage public-private partnerships, some of which can become agreements to include in emergency
response planning.

All The City regularly explores opportunities
for public-private partnerships. One
recent example is partnering with the
Chamber of Commerce on a Business
Incubator to help local businesses
recover from the effects of the Covid-19
pandemic.

Financial
With additional resources that may become available, there could be an opportunity to create a dedicated account fund for emergency response and mitigation, or at least provide more flexibility from a fiscal perspective, but providing additional resources available to the City for emergency planning, response, and mitigation.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-43
Education and Outreach: Programs in place such as fire safety programs, hazard awareness campaigns, public information or communications offices.

Table E-10: Porterville Education and Outreach Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Updated since 2018? Capability
Type
Tulare
County
Association
of
Governments
(TCAG)
TCAG is committed to improving the quality of life for residents and visitors throughout the County. TCAG is responsible for addressing traffic congestion, coordinating regional transit programs to make getting around easy and convenient, and working to improve air quality to continue to meet national standards. TCAG addresses current and future rail needs and possibilities and gathers data used by the census and the public to forecast housing and transit needs.

Expansion and Improvement:

The City of Porterville will collaborate with TCAG on building hazard resiliency, readiness, and response.

All The City regularly partners with TCAG on
transportation and infrastructure
projects, including those to increase local
and regional resiliency against hazards.

Education and
Outreach
Porterville
Website
http://www.c
i.porterville.c
a.us/ and
other social
media
Provides easily accessible conduit to information about planning and zoning, permits and applications, and programs that address hazard mitigation such as clean energy efforts.

Expansion and Improvement:

The updated MJLHMP will be posted to City media sites. As the planned is reviewed annually and new updates made,
information on the planning process will be included on web sites and announced on social media.

All The City will continue to utilize the City
website and social media channels to
make information available to the public
related to hazard mitigation plans and
programs, including the MJLHMP.

Education and
Outreach
With additional resources, the City of Porterville would be able to fund an extensive education and outreach campaign locally and regionally in collaboration with TCAG that can focus on hazard readiness, resiliency, and response. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-44
E. 5 Mitigation Strategy
The City of Porterville adopted the hazard mitigation goals and objectives developed by the HMPC and described in Chapter 5 “Mitigation Strategy” of the Base Plan. Like the Mitigation Strategy in the Base Plan, this section outlines the City's roadmap for future hazard mitigation administration and implementation.

The purpose of the strategy is to reduce vulnerabilities from key priority hazards outlined in the risk assessment through regulatory tools and projects.

Prioritization Criteria
• A local jurisdiction department or agency champion currently exists or can be identified • The action can be implemented during the 5-year lifespan of the HMP • The action may reduce expected future damages and losses (cost-benefit) • The action mitigates a high-risk hazard
• The action mitigates multiple hazards
Two of the City’s mitigation strategies from the 2018 HMP are still relevant to this update. Table E-11 contains the status of the previous mitigation actions. Mitigation actions were derived from numerous sources including the General Plan, City Code, Capital Improvement Plan, and input from the public and stakeholders.

CC – Climate Change DF – Dam Failure DR – Drought
EQ – Earthquake EH – Extreme Heat FR – Fire
FL – Flood
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-45
Table E-11 lists the City specific mitigation actions from the 2018 Plan and provides their status.

Table E-11: Porterville-Specific Mitigation Actions, 2018 No.

Selected
(Y/N) Description
Prioritization
Criteria
Applicable
Hazards
Facility to
be
Mitigated
Department
or Agency
2023
Status
1 Y Work with FEMA Region IX to address any floodplain management issues that may have arisen/arise from the countywide DFIRM, Community Assessment Visits, and/or DWR.

A, B, C, D FL Unknown Public Works Ongoing: Mitigation
Action 9 in 2023 Plan.
2 Y Increase participation in the NFIP by entering the Community Rating System program which through enhanced floodplain management activities would allow property owners to receive a discount on their flood insurance.

A, B, C, D, E FL Unknown Public Works Ongoing: Mitigation Action 10 in 2023
Plan.

Table E-12 provides the mitigation 2023 MJLHMP actions for the city. New priorities for mitigation actions are listed in the table. Designations of High, Medium, and Low priorities have been assigned to each action item using the following criteria:
 High Priority – An action that meets multiple objectives, has benefits that exceed costs, and has a secured source of funding. Action can be completed in the short term (1 to 5 years).
 Medium Priority – An action that meets multiple objectives, has benefits that exceed costs, and is eligible for funding though no funding has yet been secured for it. Action can be completed in the short term (1 to 5 years), once funding is secured. Medium-priority actions become high-priority actions once funding is secured.
 Low Priority – An action that will mitigate the risk of a hazard, has benefits that do not exceed the costs or are difficult to quantify, has no secure source of funding, and is not eligible for any known grant funding. Action can be completed in the long term (1 to 10 years). Lowpriority actions may be eligible for grant funding from programs that have not yet been identified.

The timeframe indicated in the table is defined as follows:
 Short Term = to be completed in 1 to 5 years
 Long term = to be completed in greater than 5 years
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-46
 Ongoing – currently being funded and implemented under existing programs.

Mitigation actions were assigned designations of High, Medium, or Low based on qualitative consideration of the following factors:
• Area of benefit – Citywide or localized
• Immediate impact
Table E-12 Porterville - Mitigation Actions, 2023
Action
Number Mitigation Strategy
Department
Applicable
Funding
Source
Priority
Timeframe2023 Status
1 Ensure that development in very high or high fire hazard areas is designed and constructed in a manner that minimizes the risk from fire hazards and meets all applicable State and County fire standards.

Planning FR Local/General
Funds
Medium
Long
Term Ongoing
2 Identify and map existing housing structures that do not conform to contemporary fire standards in terms of building materials, perimeter access, and vegetative hazards in very high fire hazard severity zones or State responsibility area by fire hazard zone designation. Identify plans and actions to improve substandard housing structures and neighborhoods.

Development FR Local/General
Funds
Medium
Short
Term
No
Change
3 Regulate development in the 100-year floodplain zones, as designated on maps prepared by FEMA in accordance with the following:
• Critical facilities (those facilities which should be open and accessible during emergencies) shall not be permitted.
• Passive recreational activities (those requiring non-intensive development, such as hiking, horseback riding, picnicking) are permissible.

New development and divisions of land, especially residential subdivisions, shall be developed to minimize flood risk to structures, infrastructure, and ensure safe access and evacuation during flood conditions.

Planning FL Local/General
Funds
Medium
Short
Term Ongoing
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-47
4 Within the City limits, where storm and flood prevention improvements have not been installed, initiate a program to upgrade in accordance with the Master Drainage Control Plan for the area. Priorities should be conditioned upon locations where flood and sheet flow hazards are greatest.

Public Works FL Local/General
Funds
Medium
Short
Term
Ongoing
5 Ensure that new City flood control projects will not adversely impact downstream properties or contribute to flooding hazards. Public Works FL Local/
General
Funds
Medium Long
Term
ongoing
6 Maintain emergency evacuation plans for areas identified as subject to potential flooding.

Fire
Department
FL Local/General
Funds
High Short
Term
No
Change
7 Maintain measures in clearing of storm drain problem areas for mitigation/prevention of localized flooding
Public Works FL Local/General
Funds
Medium Short
Term
Ongoing
8 Work with weather forecasting and public safety agencies to provide warning and protective information to residents, travelers, and visitors about dam inundation, severe valley fog and extreme heat conditions.

Fire
Department
EH,
DF
Local/General
Funds High
ShortTerm
Ongoing
9 Work with FEMA Region IX to address any floodplain management issues that may have arisen/arise from the countywide DFIRM, Community Assessment Visits, and/or DWR.

Planning FL Local/General
Funds
Medium
Short
Term
Ongoing
10 Increase participation in the NFIP by entering the Community Rating System program which through enhanced floodplain management activities would allow property owners to receive a discount on their flood insurance.

Planning FL Local/General
Funds
Medium
Short
Term
No
Change
12 Encouraging installation of green roofs, which provide shade and remove heat from the roof surface and surrounding air.

Public Works EH,
CC
Local/General
Funds
Low Long
Term
Ongoing
16 Developing new or upgrading existing water delivery systems to eliminate breaks and leaks. Public Works DR Local/General
Funds
Medium
Short
Term
Ongoing
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-48
E. 6 Implementation and Maintenance
Moving forward, the City of Porterville will use the mitigation action table in the previous section to track the progress on the implementation of each project. Implementation of the plan overall is discussed in Chapter 7 in the Base Plan.

Incorporation of the Previous Plan
The 2018 MJLHMP was not specifically or fully incorporated into other planning documents and mechanisms. During this time, staffing at the city was severely reduced and the city was lacking the staff and financial resources to fully implement the plan. There was a significant amount of turnover, and current staff is unable to verify if the 2018 plan was able to be incorporated into any other plans. Covid-19 was also a factor in the City’s inability to incorporate the plan, as the attention to incorporate was unable to be provided at the time.

Incorporation into Existing Planning Mechanisms
The information contained within this plan, including results from the Vulnerability Assessment, and the Mitigation Strategy will be used by the City to help inform updates and the development of local plans, programs, and policies. The City’s Public Works Department may use the hazard information when implementing street and solid waste division projects. The Utilities Department may utilize the hazard information when implementing water, wastewater reclamation, and environmental projects that are part of the City’s Capital Improvement Program.

Similarly, the City’s Community Development Department, including the Building Safety, Community Division, Economic Development, Land Development and Engineering, Planning Division, and Transportation Engineering and Design Division may utilize the hazard information when completing the comprehensive update to the City.

When completing the comprehensive update to the City Area General Plan. The natural hazard information can directly inform the City’s vulnerability Assessment.

The city will also incorporate this MJ-LHMP into the Safety Element of their General Plan, as recommended by AB 2140 and as part of the current and comprehensive Urban Area General Plan Update.

As noted in Section 6 of the Base Plan, the City will report on efforts to integrate the hazard mitigation plan into local plans, programs and policies and will report on these efforts at the annual MJ LHMP Stakeholders plan review meeting.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex E: Porterville
Annex E-49
E.7 Monitoring, Evaluation and Updating the Plan
The City will follow the procedures to monitor, review, and update this plan in accordance with Tulare County as outlined in Chapter 7 of the Base Plan. The city will continue to involve the public in mitigation, as described in Chapter 5.4 of the Base Plan. The Associate Planners, Administrative Services Director, Administrative Battalion Chief, Assistant City Manager, Public Works Director, and Engineering and Project Management Director will be responsible for representing the city in the County MJ-LHMP, and for coordination with City staff and departments during plan updates. The City realizes it is important to review the plan regularly and update it every five years in accordance with the Disaster Mitigation Act Requirements as well as other State of California requirements.

Page 1 of 2 ends

RESOLUTION NO. ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ADOPTING THE LOCAL HAZARD MITIGATION PLAN FOR THE CITY OF

PORTERVILLE
WHEREAS: The City of Porterville recognized the threat that natural hazards pose to people and property within our community; and
WHEREAS: Undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS: The U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards; and
WHEREAS: The Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and
WHEREAS: An adopted Local Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and
WHEREAS: the City of Porterville fully participated in the FEMA-prescribed mitigation planning process to prepare this local hazard mitigation plan with the City of Porterville and Special districts along with other stakeholders; and WHEREAS: the California Office of Emergency Services and Federal Emergency Management Agency, Region IX officials have reviewed the Local Multi-Jurisdiction Hazard Mitigation Plan and approve it contingent upon this official adoption of the participating governing body; and
WHEREAS: the City of Porterville desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Tulare County Local Hazard Mitigation Plan; and WHEREAS: adoption by the governing body for the City of Porterville demonstrates the jurisdiction’s commitment to fulfilling the mitigation goals and objectives outlined in this Local Hazard Mitigation Plan; and
WHEREAS: adoption by the Porterville City Council demonstrates the jurisdiction’s commitment of fulfilling the mitigation goals and objectives outlined in this Local Hazard Mitigation Plan; and
WHEREAS: adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan; and Resolution No. ____-2024

Page 2 of 2 ends

NOW, THEREFORE BE IT RESOLVED that the City Council adopts the Porterville Local Hazard Mitigation Plan as an official plan; and
BE IT FURTHER RESOLVED that the City Council adopts the Porterville Local Hazard Mitigation Plan by reference into the safety element of their general plan in accordance with requirements of AB 2140; and
BE IT FURTHER RESOLVED the City Council will submit this adoption resolution to the California Office of Emergency Services and FEMA Region IX officials to enable the plan’s final approval in accordance with the requirements of the Disaster Mitigation Act of 2000 and to establish conformance with the requirement of AB 2140.

PASSED, APPROVED, AND ADOPTED this 20TH day of August, 2024. _____________________________
Martha A. Flores, Mayor
ATTEST:

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

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Approval of Community Civic Event - Central California Blood Center - Culture Blood Drive - September 1, 2024
SOURCE: Finance
COMMENT: The Central California Blood Center is requesting approval to hold the "Culture Blood Drive" event on Sunday, September 1, 2024, from 11:00 AM to 3:00 PM.

The applicant is requesting the use of four (4) parking spaces in front of the Culture Cannabis Club, located at 230 North Main Street, to park a blood drive bus that measures 30 ft. long, 9 ft. wide. This event is a community blood drive.

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, and Exhibit B.4
RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by the Central California Blood Center to hold the "Culture Blood Drive" event in the Culture Cannabis Club parking lot at 230 North Main Street, on September 1, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.

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

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
291 N. Main Street, Porterville, CA 93257
559-782-7451 Fax: 784-4569 www.ci.porterville.ca.us

CITY OF PORTERVILLE
Name of Event:
(Incomplete applications can delay permit process)

APPLICATION AND AGREEMENT FOR A PERMIT TO HOLD A
COMMUNITY CIVIC EVENT OR oTHER ACTIVITY TO BE HELD ON PUBLIC PROPERTY DO YOU HAVE? Website?
Application date:

Event Flyer?
D3||34
Sponsoring organization:

Address:

Authorized representative:

Address:

Purpose of event:

Description of event:
(IRS Determination)
Cultuce Blooo Drive
Location of event pachin sps.

Event chairperson:Jenterhurtenbe
Non-profit organization status:

City services requested
Barricades (quantity):

Police protection
Other:

Yes
BloorDrie
Ceatral Calfocn Bocd
Culture Canoabis CltLocation map must be tached) 03 mainst Timyonanikone.

Y2laod Driue
Parks facility application required:

Assembly permit required:

E-mail address?
Bus. Lic. Spvr.

Fire Chief
Parks Dir.

Pub. Works Dir
No X
Comm. Dev. Dir.

Field Svcs. Mgr.

Police Chief
Event date:

Event time:

Risk Manager
Yes
(fees associated with these services will be billed separately):

NO Street sweeping
Refuse pickup
Yes
Clner
1 of 4
STAFF COMMENTS (list special requirements or conditions for event):

Appr. Deny
No
No

OF ORTEP
allay ||LOcam -30Opm
Phone # 5S9-384-SYY)
AFORES
Phone # Ssq 80-8)/
Phone # SA3ol4Ro3
Yes
Yes
Attached
Attached
No X
No

APPLICATION AND AGREEMENT FOR A PERMIT TO HOLD A COMMUNITY CIVIC EVENT OR OTHER ACTIVITY TO BE HELD ON PUBLIC PROPERTY

CITY OF PORTERVILLE
A
of the
non-profit time, Community
organization Civic
wishes to sponsor an event that is open to the community at large and will utilize public property. Most DAYS
Events require street or sidewalk closures. This application must be submitted NO LESS THAN 30 PRIOR to the date of the event in order to obtain City Council approval.

What constitutes a Community Civic Event?
Al City Code
City of Porterville requirements
website at
are described in ordinance 15-20 (e) 1-23 and as amended in ordinance 1613. For a full description please visit our 7451 or 559-782-7457. Any www.ci.porterville.ca.us/qovt/CityClerk/, perSon who Porterville Municipal Codes. For questions or concerns please call 559-782 penalties of one hundred
violates the provisions in this code, shall be deemed guilty of either a misdemeanor or an infraction, with ($100) for the first violation. and
Liabiity
property
insurance:
damage
The sponsoring organization/applicant agrees to provide and keep in force during the term of this permit a policy of liability arise in any way during
insurance against liability for personal injury, including accidental death, as well as liability for properly damage which may on a non-contributory the
basis
term
with,
of this permit. The sponsoring organizationlapplicant's insurance coverage shall apply as primary to, and Redevelopment Agency any other available coverage of the City. The City of Porterville and Successor Agency to the Porterville shall be named as additional insured. A Certificate of Liability Insurance and Additional Insured Endorsement sample forms are enclosed for your convenience. This original certificate and endorsement shall be submitted to the Finance Department with the application. the city has been
The
named
council as
shall condition the granting of a CCE permit upon the sponsoring entity's filing with the council a policy of public liability insurance in which out of, or in connection with,
insured or coinsured with the permittee. The policy of insurance shall insure the city, its officers, and its employees against all claims arising the issuance of the CCE permit or the operalion of the permittee or its agents or representatives, pursuant lo the permit. The policy of insurance limit. (Ordinance
shall provide 15-20(e) cOverage 18)
of no less than two million dollars ($2,000,000.00) per occurrence of bodily injury and property damage, combined single D Authorized Representative Initial Alcohol liability insurance: Organization/Applicant will obtain an alcohol permit if any alcoholic beverages are to be served. The insurance policy shall be endorsed to include full liquor liability in an amount not less than one million dollars ($1,000,000) per occurrence. The City of Porterville shall be named as additional insured against all claims arising out of or in connection with the issuance of this permit or the operation of the permitted, his/her agents or representatives pursuant the permit. Claims-made policies are not acceptable.

ASAuthorized Representative Initials Health permit: Organization/Applicant will obtain or ensure that all participants obtain a 'Temporary Food Facilities' permit(s) from the Tulare County Public Health Department, if any food is to be served in connection with this Community Civic Event. To contact the Tulare County visit their website: www.tularehhsa.org. Environmental Health Department located at 5957 S. Mooney Blvd., Visalia, CA, 93277, call 559-733-6441, or fax information to 559-733-6932: or ( Authorized Representative Initials First aid station: Organization/Applicant will establish a first aid station, with clearly posted signs, to provide basic emergency care, such as ice/hot packs, bandages, and compresses. OZAuthorized Representative Initials Tolet rental service: Applicant shall have care, custody and control of the equipment and shal bear responsibilty and liability for all loss and damage to the equipment and for its contents while at the City's location. Applicant shall not overload, move or alter the equipment and shall use the equipment for its intended purpose. Applicant shall be responsible for any damages to City's property resulting from company's provision of services hereunder. Applicant shall confirmn with the service company the number of portable toilets, standard and handicap, and wash sinks needed for the number of expected attendees.

Authorized Representative Initials
Agreement: The sponsoring organizationlapplicant agrees to comply with all provisions of the Community Civic Event Ordinance 15-20(e), as amended, and the terms and conditions set forth by City Council and stated in Exhibit 'A. The sponsoring organizationlapplicant agrees, during the term of this permit, to secure and hold the City free and harmless from all loss, liability, and claims for damages, costs and charges of any kind or character arising out of, relating to, or in any way connecled with his/her performance of this permit. Said agreement to hold harmless shall include and extend to any injury to any person or persons, or property of any kind whatsoever and to whomever belonging, including, but not limited to, said organization/applicant, and shall not be liable to the City for any injury to persons or property which may result solely or primarily from the action or non-action of the City or its directors, officers, or employees. Approval of the Community Civic Events Permit by the Porterville City Council pertains only to authorized activities conducted at designated locations within the incorporated area of the City of Porterville, and such approval shall not be construed or interpreted to authorize sponsor utilization of public right-of-ways outside of the jurisdiction of the City of Porterville. (Name of Organization)
Curtred Calforia Bloo letec
2 of4
(Date)

VENDOR/PARTICIPANT LIST IN CONNECTION NITH THE APPLICATION AND

AGREEMENT FOR A PERMIT TO HOLD A COMMUNITY CIVIC EVENT OR OTHER ACTIVITY TO BE HELD ON PUBLIC PROPERTY Name of event:

CITY OF PORTERVILLE
Cultuce BloocciVe
Sponsorng organizaton Cantral Caiforniea bloc Cester
Location: s0 N man st forlele
Vendor name
|Cental Cai tornia BooCenter
All vendors are equired to complete the business license permit form. List all firms, individuals, organizations, etc., that will engage In selling at or participate in the above-named event. NO PERMIT WILL BE ISSUED WITHOUT THIS INFORMATION. Vendors with no valid City of Porterville business license are required to pay $1 per day to the City, with the exceptions of non-profit organizations but
per "City
must
of
be
Porterville Municipal Code 15-20(E) Community Civic Events (16). This form should be completed at the time of application, submited NO LESS THAN TWO WEEKS PRIOR TO THE EVENT.

Address/Telephone
Event date:

LA)NWainst
Event time:

Business
License
required?
4hours
3of!
Type of Activity
BoDrue
*Municipal Code 15-20(E) Conmunity Civic Events (16): Business License Fees: dy individual, conpun:. firn, concessiomire. fair operuor, curnvixl operator. ete. who enguges in, conducIs. orgnizes, or prootes business fr proft slull pa a busness license fee of one dollar (S1.0)) per da: per ansemem, emeruimnem, exhibu, rde or per booth, syxne. siall, stand or otler menclosed locaion sel for the purpose of udvertising. promotng. or sule of. or takung orders for. gools or services; except that no individual, compxun, iru Concessionire. fuir operator, carnival operotor. eic.. who possesses a valid cuy busness license slull be sbject t0 sparate licensiug pursuan to hus subseclon El6.

The
and nonprof1 sponsor slhall collect saul fee and remit the fee lo the ciy wihin fve (5) working davs follorng he CCE. Sanl remmtance shall be avomyxned bva compleie list of xrticipxn.s slhall cousecntively
be wnised by
mbered recepls rrilnen in riplicte, comuining the nIme, adelress and ielephoe mnber of tlhe licensve, and tlhe hcensee's California seller'spmit munler. Sutd reoepis period ufilree
the ciy. Oe co of the receipt shall be furvished io the hcensee, one copr filed wih tle fiaunce epavtnet ofle c. anl oe cpy rtael by lhe (CE syxNLSOr fr e (3) wars for amht prposes.

REQUEST FOR STREET CLOSURES AND PUBLIC PROPERTY USAGE IN CONNECTION WITH THE APPLICATION AND AGREEMENT FOR A PERMIT TO HOLD A COMMUNITY CIVICc EVENT OR OTHER ACTIVITY TO BE HELD ON PUBLIC PROPERTY Name of event:

Sponsoring organization:

Event date:

Street Name

CITY OF PORTERVILLE
ATTACH MAP MARKING AREAS TO BE CLOSED OR USED:

Sidewalks
Cudtre Bloo Dciule
CentalCalifocnia Blcocl Clerter
Parking lots and
Spaces
Closed
From which Street
From which sidewalk
Location
Hours. 1|:0Om-3Opm
To which Street
To which sidewalk
nfront of RoNmain st
pr king Blooco Drive bus
Activity
Activity
Activity
Bloocl D.ve
EST.

E
EST.

DST.

D
D
MORTON

HARRISON
POLICE
MILL
OAK

HOCKETI
OLIVE

DIVISION

HOCKETT
MAIN

THURMAN
COURT
HOUSE

CLEVELAND
SECOND
SECOND
PUTNAM AVE.

THIRD
AVE

THIHD GARDEN
FOURTH
FQURTH
WILLOW
ST. HENRAHAN
ST.

ST.

Requirements for Community Civic Event
Central California Blood Center
Culture Blood Drive
September 1, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon
Public Works Director: No comments.

M. Knight

Fire Marshal: No comments.

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 $2M 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
Requirements for Community Civic Event
Sponsor: Central California Blood Center
Event: Culture Blood Drive
Event Chairman: Jennifer Schwartzenberger
Location: 230 N. Main St., Porterville CA
Date of Event: September 1, 2024 (11:00 a.m. – 3:00 p.m.) RISK MANAGEMENT: Conditions of Approval
That the Central California Blood Center provide a Certificate of Commercial General Liability Insurance Coverage of $ 2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

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

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

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Culture Blood Drive
September 1, 2024 / 11:00 AM—3:00 PM
Four Parking Spaces in Front of 230 North Main Street
Proposed Conditions/Requirements for Downtown Event:
 City Council approval is required for all street, alley and/or sidewalk closures.  On all streets/alleys approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.

Alternate walking paths should be made available for any portion of a sidewalk that is closed.  If event organizers anticipate the need for removal of parked vehicles from public roadways or alleys related to the event, the affected public roadway/alley must be posted by the organizer with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. Event organizers shall contact Corporal Maria Aguillon of the Porterville Police Department/Traffic Unit at least 10 days prior to the event in order to ensure that signs meet the requirements as established by law.
 Event organizers will ensure compliance with all applicable laws and regulations.  The Event Chairperson is requesting the use of 4 parking spots in front of the business. I recommend the use of the 4 parking spaces be authorized.  At the conclusion of the event, event organizers shall ensure all streets, sidewalks, barricades, booths, or anything that could present a hazard to pedestrians or vehicles traveling through this area, is promptly removed and/or cleaned.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B

Item No. 11.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis - End of Summer Vendor Market - September 15, 2024
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the Porterville Kiwanis Club Vendor Market on Sunday, September 15, 2024, at the Sports Complex, from 10:00 AM to 6:00 PM. This is a fundraising event for the Porterville Kiwanis Club and will feature several merchant vendor booths and also some informational booths.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Vendor Market on September 15, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Review By:

Department Director:

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

Requirements for Community Civic Event
Porterville Kiwanis Club
End of Summer Vendor Market
September 15, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

C. Calderon
Public Works Director:

M. Knight
Fire Marshal:

C. Dignam
Parks and Leisure Services Director:

D. Moore
Police Lieutenant:

A. Acevedo
Administrative Service Director:

Y. Andrade
Field Services Superintendent:

B. Spry
Field Services Superintendent – Streets:

No comments.

Please see Exhibit C.

Vehicles not involved in the event to
park in permitted parking areas.

Please see Exhibit B.

Based on the information provided, the
liability certificate and endorsement
page for the event organizer and
inflatable vendor are sufficient. Further,
all bounce house participants or legal
guardians (if participant is a minor) must
sign a liability waiver.

Please have the responsible party reach
out to the Field Services Office to
Coordinate container drop off.

No comments.

J. Baeza
Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: Porterville Kiwanis Club
Event: End of Summer Vendor Market
Event Chairman: Jamie Gomez
Location: Sports Complex, Porterville Ca
Date of Event: September 15, 2024 (10:00 a.m-6:00 p.m.) RISK MANAGEMENT: Conditions of Approval
That the Porterville Kiwanis Club provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

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

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

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
End of Summer Vendor Market
09/15/2024
Sports Complex, 2701 West Scranton
Proposed Conditions/Requirements for Event:
 At conclusion of event, event organizers shall ensure the park is promptly cleared of any equipment, booths, or waste.
 Event organizers should contact the Patrol Watch Commander (Lieutenant Gurule, Lieutenant Hatch, or Lieutenant Ortiz) to discuss any potential policing needs. They can be reached at (559) 782-7400.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B
City of Porterville/Fire Department
Community Civic Event Application
End of Summer Vendor Market
September 15, 2024 10:00 AM – 6:00 PM
Sports Complex, Porterville
Proper spacing between canopies, tents and tarps. All tents, canopies, tarps shall all be fire resistance rated with an affixed and legible tag. see attached document. Fire extinguishers available and within 75' travel distance to generators and booths. Food trailers shall be disconnected from the towing vehicle and level with towing vehicle disconnected and moved to a parking area. Food vans or trucks should be parked and keys removed from the ignition. All food trucks and trailers with an installed fire extinguisher system shall have a current inspection tag on the fixed extinguishing system (within the last 6 months) and have both a K extinguisher, and a 2A:10BC fire extinguisher (tagged within the last year). There shall be no cooking or frying producing grease laden vapors inside, or under, any tent, tarp, or canopy.

Clayton Dignam
Fire Marshal
Exhibit C, 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 – AUGUST 20, 2024
SUBJECT: Approval of Community Civic Event - American Conservatory - Parking Lot Party/Cornhole Tournament - September 28, 2024
SOURCE: Finance
COMMENT: The American Conservatory is requesting approval to hold the "Parking Lot Party - Cornhole Tournament" event on Saturday, September 28, 2024, from 4:00 PM to 12:00 AM. 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, September 28, 2024, from 8:00 AM until 6:00 AM, Sunday, September 29, 2024, to account for set up and cleanup of the event.

The event will feature a Cornhole Tournament 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 4:00 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.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the American Conservatory to hold the "Parking Lot Party - Cornhole Tournament" event on September 28, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Review By:

Department Director:

Janie Rodriguez, Finance Director
Item No. 12.

Final Approver: Patrice Hildreth, City Manager

Requirements for Community Civic Event
American Conservatory
Parking Lot Party – Cornhole Tournament
September 28, 2024
City Engineer: No comments.

D. Cervantez
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 $2M 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
Requirements for Community Civic Event
Sponsor: American Conservatory
Event: Parking Lot Party – Cornhole Tournament
Event Chairman: Massey Missakian
Location: Parking lot behind The Mecca on Second St., Porterville CA Date of Event: September 28, 2024 (6:00 a.m. – 2:00 a.m.) RISK MANAGEMENT: Conditions of Approval
That the American Conservatory provide a Certificate of Commercial General Liability Insurance Coverage of $ 2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

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

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Parking Lot Party Cornhole Tournament
September 28, 2024 8:00 AM—6:00 AM
170 N. Main Street (and Parking Lot to the Rear of the Business) Proposed Conditions/Requirements for Downtown Event:
 City Council approval is required for all street and/or alley closures.  On all streets/alleys approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.  6’ chain link fencing or other suitable barrier will be needed to restrict access from the parking lot so as to monitor ingress / egress from the event. All ingress / egress points to the event must be monitored by event organizers and / or security to ensure nobody under the age of 21 is allowed into the beer garden.
 Event organizers shall ensure only patrons wearing clearly displayed and authorized wristbands, as provided by event organizers, can purchase and consume alcoholic beverages.
 At no time shall alcoholic beverages be possessed or consumed outside the designated area for the event.
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  If event organizers anticipate the need for removal of parked vehicles from public roadways or alleys related to the event, the affected public roadway/alley must be posted by organizer with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. (Recommend event organizers contact Sergeant Jay Starling of the Porterville Police Department/Traffic Unit in order to ensure that signs meet the requirements as established by law).
 An Outside Amplifier Permit has been approved and granted. However, event organizers shall not allow music to be played so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.  At conclusion of event, event organizers shall ensure parking lot is promptly cleared of any equipment, booths, or anything that could present a hazard to pedestrians or vehicles traveling through this area.

Mark Azevedo, Lieutenant
Porterville Police Department
Exhibit B
City of Porterville/Fire Department
Community Civic Event Application
Parking lot Party – Cornhole Tournament
September 28, 2024 6:00 AM – 2:00 AM
170 N. Main Street (and Parking Lot to Rear of the Business) To allow for the consumption of alcohol in the outdoor event area, the entire area shall be closed off with temporary chain link fence panels, no less than six feet (6') in height. Barricades and signage will be required at the alley and parking lot entrances to prevent vehicular access. Barricades can be requested from the Public Works, Field Services Division.

There shall be a minimum of 4 exit points with at least a four foot (4') opening to the public way, no less than thirty feet between exits. Exit signs shall be affixed to the fencing at these locations. Exits do not have to be an entry point, but must remain open in the event of an emergency, this may require additional staff to restrict entry at these points.

All tents, tarps, or canopies used for any reason, shall have an affixed and legible label showing the fire resistance rating meets the California Code of Regulations and currently adopted edition of the Fire Code.

Generators shall be a minimum of 25 feet from any structure, tent, canopy, tarp, or stage.

There shall be a minimum 2A:10BC rated fire extinguisher within 75' travel distance from any point inside the fenced area.

If event is all ages and alcohol will be on site, site plan must show beer garden location with security guard stations. If event is ages 21+ and alcohol will be on site, site plan must show where security guards will be stationed.

Security guards shall be required for each exit, and at a rate of 1 per 75 persons as calculated by the occupant load, whichever is greater.

All members of security shall be clearly identified to prevent any confusion with patrons.

Clayton Dignam
Porterville Fire Department
Exhibit C, 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]

Exceptions:

1. Tents used exclusively for recreational camping purposes.

Vendor Booth – Any booth other than a cooking booth.

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

PORTERVILLE FIRE DEPARTMENT

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

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:

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. 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.

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Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
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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

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PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager

State of California

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

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023
1916
Wednesday, May 31, 2023 1713
Thursday, June 1, 20231917
Friday, June 2, 20231717
Saturday, June 3, 20231614
Sunday, June 4, 20232018
Monday, June 5, 2023 2016
Tuesday, June 6, 202322110
Wednesday, June 7, 2023 2319
Thursday, June 8, 2023 2217
Friday, June 9, 2023 221 10
Saturday, June 10, 20231516
Sunday, June 11, 2023 2619
Monday, June 12, 20231817
Tuesday, June 13, 2023 2414
Wednesday, June 14, 2023 2117
Thursday, June 15, 2023 2014
Friday, June 16, 2023 2816
Saturday, June 17, 2023 2017
Sunday, June 18, 2023 2414
Monday, June 19, 2023 2108
Tuesday, June 20, 2023 2806
Wednesday, June 21, 20232804
Thursday, June 22, 2023 2204
Friday, June 23, 20232704
Saturday, June 24, 2023 2604
Sunday, June 25, 2023 2403
Monday, June 26, 2023 2304
Tuesday, June 27, 2023 3005
Wednesday, June 28, 2023 26
06 Thursday, June 29, 2023 2705
Friday, June 30, 2023 2505
Saturday, July 1, 2023 2709
Sunday, July 2, 2023 2533
Monday, July 3, 2023 2433
Tuesday, July 4, 2023 2034
Wednesday, July 5, 2023 2826
Thursday, July 6, 2023 2825
Friday, July 7, 2023 2726
Saturday, July 8, 2023 2825
Sunday, July 9, 2023 3623
Monday, July 10, 2023 2823
Tuesday, July 11, 2023 3424
Wednesday, July 12, 2023 3522
Thursday, July 13, 2023 4727
Friday, July 14, 2023 2720
Saturday, July 15, 2023 2422
Sunday, July 16, 2023 2423
Monday, July 17, 2023 2621
Tuesday, July 18, 2023 2622
Wednesday, July 19, 2023 2121
Thursday, July 20, 2023 2121
Friday, July 21, 2023 2200
Saturday, July 22, 2023 2200
Sunday, July 23, 2023 2200
Monday, July 24, 20232100
Tuesday, July 25, 20232200
Wednesday, July 26, 20232000
Thursday, July 2
7, 20232700
Friday, July 28, 20232500
Saturday, July 29, 20232200
Sunday, July 30, 2023 2200
Monday, July 31, 20232400
Tuesday, August 1, 20232100
Wednesday, August 2, 2023 1900
Thursday, August 3, 2023 2000
Friday, August 4, 20231900
Saturday, August 5, 2023 2600
Sunday, August 6, 2023 2200
Monday, August 7, 2023 2000
Tuesday, August 8, 2023 2503
Wednesday, August 9, 2023 2303
Thursday, August 10, 2023 2003
Friday, August 11, 2023 2305
Saturday, August 12, 2023 2205
Sunday, August 13, 2023 2906
Monday, August 14, 20232505
Tuesday, August 15, 2023 2105
Wednesday, August 16, 2023 2306
Thursday, August 17, 2023 2305
Friday, August 18, 20232205
Saturday, August 19, 2023 2305
Sunday, August 20, 2023 2104
Monday, August 21, 20232505
Tuesday, August 22, 20232205
Wednesday, August 23, 2023 2705
Thursday, August 24, 2023 2205
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38
04 Wednesday, January 17, 20243304
Thursday, January 18, 2024 3304
Friday, January 19, 20253304
Saturday, January 20, 20243604
Sunday, January 21, 20243804
Monday, January 22, 20243614
Tuesday, January 23, 20243414
Wednesday, January 24, 20243214
Thursday, January 25, 20243814
Friday, January 26, 20253514
Saturday, January 27, 20243214
Sunday, January 28, 20243614
Monday, January 29, 20243414
Tuesday, January 30, 2024 4015
Wednesday, January 31, 20243615
Thursday, February 1, 20243615
Friday, February 2, 20243615
Saturday, February 3, 2024 2715
Sunday, February 4, 20243315
Monday, February 5, 2024 2915
Tuesday, February 6, 2024 3315
Wednesday, February 7, 20243715
Thursday, February 8, 2024 3415
Friday, February 9, 2024 3705
Saturday, February 10, 2024 3805
Sunday, February 11, 2024 3905
Monday, February 12, 2024 3505
Tuesday, February 13, 2024 3805
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
Saturday, February 17, 2024 40 0 5
Sunday, February 18, 2024 38 0 5
Monday, February 19, 2024 41 0 5
Tuesday, February 20, 2024 43 0 5
Wednesday, February 21, 2024 36 0 5
Thursday, February 22, 2024 39 0 5
Friday, February 23, 2024 36 0 5
Saturday, February 24, 2024 36 0 5
Sunday, February 25, 2024 38 0 5
Monday, February 26, 2024 37 0 5
Tuesday, February 27, 2024 41 0 5
Wednesday, February 28, 2024 41 0 9
Thursday, February 29, 2024 33 0 9
Friday, March 1, 2024 34 0 9
Saturday, March 2, 2024 33 0 9
Sunday, March 3, 2024 33 0 9
Monday, March 4, 2024 35 0 9
Tuesday, March 5, 2024 38 0 9
Wednesday, March 6, 2024 35 0 9
Thursday, March 7, 2024 36 0 9
Friday, March 8, 2024 37 0 9
Saturday, March 9, 2024 37 0 9
Sunday, March 10, 2024 41 0 9
Monday, March 11, 2024 41 0 9
Tuesday, March 12, 2024 42 0 9
Wednesday, March 13, 2024 40 0 9
Thursday, March 14, 2024 40
09 Friday, March 15, 2024 4209
Saturday, March 16, 20243909
Sunday, March 17, 2024 3909
Monday, March 18, 2024 4009
Tuesday, March 19, 2024 4209
Wednesday, March 20, 20243809
Thursday, March 21, 20243509
Friday, March 22, 2024 3709
Saturday, March 23, 2024 4209
Sunday, March 24, 20244209
Monday, March 25, 2024 4109
Tuesday, March 26, 2024 4109
Wednesday, March 27, 2024 4409
Thursday, March 28, 2024 4009
Friday, March 29, 2024 4509
Saturday, March 30, 20244609
Sunday, March 31, 2024 3409
Monday, April 1, 20244609
Tuesday, April 2 2024 3409
Wednesday, April 3, 2024 3809
Thursday, April 4, 20243809
Friday, April 5, 20243109
Saturday, April 6, 2024 2809
Sunday, April 7, 2024 3309
Monday, April 8, 2024 3809
Tuesday, April 9, 2024 4109
Wednesday, April 10, 2024 3909
Thursday, April 11, 2024 3409
Friday, April 12, 2024 33
09 Saturday, April 13, 2024 3809
Sunday, April 14, 2024 3609
Monday, April 15, 2024 3109
Tuesday, April 16, 2024 3409
Wednesday, April 17, 2024 3409
Thursday, April 18, 20243309
Friday, April 19, 2024 2909
Saturday, April 20, 2024 2809
Sunday, April 21, 2024 2909
Monday, April 22, 2024 2809
Tuesday, April 23, 2024 2809
Wednesday, April 24, 2024 2809
Thursday, April 25, 2024 2909
Friday, April 26, 2024 3209
Saturday, April 27, 2024 3009
Sunday, April 28, 2024 3409
Monday, April 29, 2024 2909
Tuesday, April 30, 2024 2808
Wednesday, May 1, 2024 2709
Thursday, May 2, 2024 2609
Friday, May 3, 2024 2909
Saturday, May 4, 2024 2909
Sunday, May 5, 2024 3409
Monday, May 6, 2024 3009
Tuesday, May 7, 2024 3009
Wednesday, May 8, 2024 3009
Thursday, May 9, 2024 3509
Friday, May 10, 2024 3209
Saturday, May 11, 2024 30
09 Sunday, May 12, 2024 3009
Monday, May 13, 2024 3209
Tuesday, May 14, 20243209
Wednesday, May 15, 2024 3209
Thursday, May 16, 2024 3309
Friday, May 17, 2024 3609
Saturday, May 18, 2024 3309
Sunday, May 19, 20243809
Monday, May 20, 2024 3408
Tuesday, May 21, 2024 3009
Wednesday, May 22, 2024 3009
Thursday, May 23, 2024 2907
Friday, May 24, 2024 3408
Saturday, May 25, 2024 3509
Sunday, May 26, 2024 3819
Monday, May 27, 2024 3609
Tuesday, May 28, 2024 3508
Wednesday, May 29, 2024 3207
Thursday, May 30, 2024 3107
Friday, May 31, 2024 2908
Saturday, June 1, 20243009
Sunday, June 2, 2024340 10
Monday, June 3, 2024 3309
Tuesday, June 4, 2024 2708
Wednesday, June 5, 20243209
Thursday, June 6, 2024 3109
Friday, June 7, 2024 3008
Saturday, June 8, 2024 3309
Sunday, June 9, 2024 36
09 Monday, June 10, 2024 3509
Tuesday, June 11, 2024 3408
Wednesday, June 12, 2024 2508
Thursday, June 13, 2024 300 10
Friday, June 14, 2024 390 10
Saturday, June 15, 2024 3408
Sunday, June 16, 2024 3408
Monday, June 17, 20243209
Tuesday, June 18, 2024340 10
Wednesday, June 19, 2024 3309
Thursday, June 20, 2024330 11
Friday, June 21, 2024 3009
Saturday, June 22, 2024 2708
Sunday, June 23, 2024 330 10
Monday, June 24, 2024 1607
Tuesday, June 25, 2024 2007
Wednesday, June 26, 2024 3009
Thursday, June 27, 2024 3009
Friday, June 28, 2024 330 10
Saturday, June 29, 2024 340 10
Sunday, June 30, 2024 340 10
Monday, July 1, 2024 300 10
Tuesday, July 2, 2024 350 11
Wednesday, July 3, 2024 2709
Thursday, July 4, 2024 2709
Friday, July 5, 2024 3009
Saturday, July 6, 2024 2909
Sunday, July 7, 2024 320 10
Monday, July 8, 2024 36
011
Tuesday, July 9, 2024 340 10
Wednesday, July 10, 2024 3509
Thursday, July 11, 2024 3509
Friday, July 12, 2024 2608
Saturday, July 13, 2024 3109
Sunday, July 14, 2024 350 10
Monday, July 15, 2024 360 11
Tuesday, July 16, 2024330 10
Wednesday, July 17, 20242909
Thursday, July 18, 2024 1907
Friday, July19, 20242007
Saturday, July 20, 20242208
Sunday, July 21, 20242208
Monday, July 22, 2024 2408
Tuesday, July 23, 2024 2608
Wednesday, July 24, 20242307
Thursday, July 25, 20242408
Friday, July 26, 2024 2207
Saturday, July 27, 20242207
Sunday, July 28, 2024 2307
Monday, July 29, 2024 2307
Tuesday, July 30, 2024 2107
Wednesday, July 31, 2024 2107
Thursday, August 1, 20242007
Friday, August 2, 2024 2207
Saturday, August 3, 2024 1807
Sunday, August 4, 20242107
Monday, August 5, 2024 2007
Tuesday, August 6, 2024 22
05 Wednesday, August 7, 2024 2506
Thursday, August 8, 20242508
Friday, August 9, 20242004
Saturday, August 10, 2024 1604
Sunday, August 11, 2024 2305
Monday, August 12, 2024 3107
Tuesday, August 13, 20242305
Item No. 14.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: City Council Member Requested Agenda Item - Consideration of Naming City Facility
SOURCE: City Manager's Office
COMMENT: Council Member Weyhrauch has requested that the City Council consider adding an item onto the next regular City Council agenda to consider the naming of the Porterville animal shelter.

RECOMMENDATION: That the City Council approve Council Member Weyhrauch's request to add an item to the next regular City Council meeting's agenda to consider the naming of the City's animal shelter.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 15.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Consideration of Appointment to the Parks & Leisure Services Commission SOURCE: Administrative Services
COMMENT:

The Parks & Leisure Services Commission currently has a vacancy with the term to expire in October 2025. City staff is in receipt of one Request for Appointment which is provided herein for the City Council’s consideration:
•Catherine Capone
The Parks & Leisure Services Commission serves in an advisory capacity to the City Council on matters concerning Parks and Leisure Services, and is comprised of eight (8) members with staggered four (4) year terms. To be eligible for appointment, individuals must reside within the city of Porterville and represent a cross-section of the community. The Commission currently meets on the first Thursday of each month at 5:30 P.M. at City Hall. Staff has confirmed that the applicant’s listed address is located within the City's boundaries.

RECOMMENDATION: That the City Council consider the appointment of Catherine Capone to the Parks & Leisure Services Commission to serve the remainder of a four-year term to expire October 2025.

ATTACHMENTS: 1. Request for Appointment - Catherine Capone Appropriated/Funded:

Review By:

Department Director:

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

Item No. 16.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Consideration of Appointment to the Arts Commission SOURCE: Administrative Services
COMMENT: The Arts Commission currently has two vacancies on the commission: one youth seat set to expire in July 2027, and one regular seat set to expire in July 2026. City staff is in receipt of one Request for Appointment which is provided herein for the City Council’s consideration:
•Bonnie Boyd
The Arts Commission was formed in 2010 to foster the development and enjoyment of the arts; to work cooperatively with city entities for the inclusion of art in areas of planning and development, and to make recommendations to the Council regarding policies and practices pertaining to the arts in Porterville.

To be eligible for appointment, individuals must be associated with at least one category of the arts (theatrical/performing; visual/graphic; or music). The Commission is comprised of five members with staggered terms, and one student member serving a one-year term. The Commission serves in an advisory capacity to the City Council and currently meets quarterly on the fourth Wednesday of the month, at City Hall.

Staff will continue to advertise and solicit applications from interested individuals for the remaining vacancies.

RECOMMENDATION: That the City Council consider the appointment of Bonnie Boyd to the Arts Commission to serve the remainder of a three-year term to expire July 2026.

ATTACHMENTS: 1. Request for Appointment - Bonnie Boyd
Appropriated/Funded:

Review By:

Department Director:

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

August 5th, 2024
To Whom it May Concern:

My name is Bonnie Boyd and I am the owner/artist at FAT Paint. I teach paint parties to spread joy and give people techniques so that they can paint at home. My artistic background came from my artist grandfather Clarence Attridge, who has sold his paintings around the world and done murals in many churches. I learned impressionistic realism at a young age, expanded my skills in college, and now incorporate these techniques in my business.

I recently retired from Hot Springs School District where I taught K through 3rd grade, rewrote and directed the children’s plays, and taught them art skills,as well as being the bus driver, secretary and kitchen manager. (This is a one room schoolhouse so we all wore many hats). I used to be the children’s minister for Porterville Believers Church, before I moved to the mountains in 2006 where I started a children’s ministry at the Mountain Top Church. After many years in the mountains, I moved back to Porterville and I am back in Children’s Church at Believer’s, as a volunteer.

I have volunteered in many positions, including President of the Volunteer ambulance in Pine Flat, up above California Hot Springs, I was a volunteer EMT also during that time period. Before I was officially hired at Hot Springs School I volunteered to direct the plays. I’m not sure what qualifications you are looking for but if dependable, timely, and hoping to volunteer my time is included, then I am willing and able.

Thank you,
Bonnie Boyd
Item No. 17.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Consideration of Media Sponsorship for the 2024 Porterville Veterans Homecoming Day Parade
SOURCE: City Manager's Office
COMMENT:

During Other Matters at its meeting on July 16, 2024, the City Council approved Council Member Meister's request to consider media sponsorship for the 2024 Veterans Day Parade.

The Porterville Veterans Day Parade is one of the longest running Veterans Day Parades in the nation and is one of the hallmark events of the Porterville community, and for the last three (3) years has been broadcast on television on KSEE 24 in conjunction with Mister Media. At its meeting on October 17, 2023, the City Council approved a media sponsorship with Mister Media for the 2023 Porterville Veterans Day Parade, for the amount of $12,500. The media sponsorship of the parade included the live-streaming of the Parade from 10:00 AM to 12:00 PM, a rebroadcast on KSEE 24 later that evening from 8:00 to 10:00 PM, and forty (40) promotional spots prior to the Parade.

The 2024 Porterville Veterans Day Parade is planned to take place on Monday, November 11th on Main Street in Downtown Porterville. The American Legion Post 20 has requested that the City consider sponsoring the media presentation of this year's Veterans Day Parade. Mister Media is the media partner for the event and has provided the attached media sponsor proposal, which includes the live broadcast of the Parade on KSEE 24 from 10:00 AM to 12:00 PM, a live stream of the parade, uploading the broadcast to YouTube, and forty (40) promotional spots prior to the Parade at the expense of $12,500. In 2023, the City utilized one (1) staff member and a City boom truck to operate a camera to be able to get an aerial view of the parade. Staff met with the American Legion Post 20 representative and Mister Media on July 30, 2024, to discuss the planning for the 2024 Veterans Day Parade. The Mister Media representative noted during the meeting with City Staff that the City would be credited for the expense of staff time and equipment utilized for the 2024 broadcast, if the City Council approves the proposed sponsorship. Staff estimates the cost of the City equipment and staff time to be $94.65 per hour.

As the Council is aware in its recent adoption of the annual City Budget, $75,000 was appropriated in the Community Promotions fund for expenses such as this. The proposed media and promotion sponsorship is intended to highlight Main Street and the Downtown area, the Porterville community, and its reverence and support for veterans.

Item No. 17.

RECOMMENDATION: That the City Council:

1. Consider media sponsorship of the 2024 Porterville Veterans Day Parade; and

2. Authorize the expenditure of up to $12,500 from the
Community Promotions fund.

ATTACHMENTS: 1. 2024 Veterans Day Parade Media Sponsorship Proposal Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Mister Media
327 N. Van Ness
Fresno Calif 93701
August 5, 2024
559-906-3838
Porterville Vetereans
Homecoming Day Parade Proposed Sponsorship
KSEE ch 24 LIVE Broadcast and live streaming 10-12 Nov.11, 2024 Plus 40 Porterville promotional spots to start airing on Nov 1st Television broadcast and spots $7500
PRODUCTION CREW $5000
Ch 24 news host
Broadcast Engineer and tech director
Producer, sound and video techs
3 camera operators and sound equipment for the street
Parade graphics and internet tech
Total sponsorship $12,500
Its a pleasure to work with you on this television special and thank you for supporting Central Valley Veterans.

Sincerely
Gene Day
1 MISTER MEDIA
327 N. VanNess
Fresno ca. 93701
559-906-3838
Porterville Veterans
Homecoming Day Parade 2024

1. BROADCAST LIVE ON KSEE 24
Monday November 11, 2024 from 10:00 a.m. to 12:00 p.m.

KSEE 24 is a prominent local television channel, enabling even more people in the community to join in the celebration.

2. LIVE STREAMING OF THE PARADE
Monday November 11, 2024 from 10:00 a.m. to 12:00 p.m.

We will be live streaming the entire parade ensuring that viewers can tune in from anywhere.

3. YouTube
The parade will also be available for viewing on YouTube throughout the year. The online platform ensures that the parade’s memories and messages endure far beyond the event itself. Notably last year’s parade garnered over 5,000 viewers.

If you have any further questions please feel free to contact Gene Day at (559) 906-3838.

Sincerely,
Gene Day
Mister Media
1 Item No. 18.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Consideration of City Council Policy on the Exhibition of Federal, State, and City Flags, and Banners; From City Buildings and Facilities – All Occasions SOURCE: City Manager's Office
COMMENT: While the City currently follows applicable Federal and State law concerning the display of the U.S. and State flags, it does not currently have a policy concerning flags displays on City property. Additionally, the City owns poles that can be utilized for displaying flags or banners for the promotion of City events or programs. It would be prudent to include banner displays in this policy, which can also allow for use by third parties in conjunction with Citysponsored or City-funded events or programs.

The recommended policy sets explicit guidelines and clearly provides that the City’s flagpoles and banner posts and poles are not intended to convey government speech and are not intended to serve as a forum for free expression by the public.

The proposed policy covers the procedures and requirements for flying the U.S., State of California, and City flags, including the appropriate holidays, and covers the conditions for lowering the flags. The policy also allows for the flying of flags of governments recognized by the U.S. upon request by the City Council, flags of Sister Cities, and the POW/MIA flag.

With regard to street flags and banners attached to City poles, the proposed policy states that the City may place banners or flags communicating information regarding its events or public events held in its facilities, City programs or services, or holiday/seasonal banners. The policy would allow the City to issue a banner permit allowing third parties to apply for the placement of banners concerning City-sponsored or City-funded events open to the public, provided that the information must also be non-commercial, non-political, and of a non-religious nature. Banner design must be pre-approved by the City.

RECOMMENDATION: That the City Council consider and approve the City Council Policy on the Exhibition of Federal, State, and City Flags, and Banners; from City Buildings and Facilities – All Occasions ATTACHMENTS: 1. Draft Resolution

2. Draft Flag and Banner Policy
Appropriated/Funded:

Item No. 18.

Review By:

Department Director:

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

Page 1 of 2 ends

Porterville City CouncilAugust 20, 2024

Porterville City Council
August 20, 2024