Agenda packet — Porterville City Council, September 17, 2024 (part 2 of 2)

term or provision of the Agreement. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

G. Counterparts: This Agreement may be executed in counterparts, including via exchange by facsimile or attached as a PDF, or other electronic file type or by DocuSign, Adobe Sign, or other electronic signature, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.

H. Relationship of parties: Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of join consultant, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

I. No Third-party Beneficiaries: This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other party any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of the Agreement.

J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

M. EEOC: CONTRACTOR will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. CONTRACTOR will take affirmative action to insure those applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

N. Tax Liability and Felony Convictions: CONTRACTOR certifies:

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(i) it has no unpaid Federal tax liability that have been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) it has not been convicted of a felony criminal violation under any federal law within the preceding 24 months.

20. COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS
This Agreement may be financed in part with Federal funding, including 5307 Funds. CONTRACTOR’s services under this Agreement shall be performed in accordance and full compliance with all applicable federal laws and requirements including, but not limited to:

A. No Government Obligation to Third parties: CITY and
CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the CITY, CONTRACTOR, or any other party (whether or not a party to that Agreement) pertaining to any matter resulting from this Agreement.

B. Program Fraud and False or Fraudulent Statements and Related Acts:

1. CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and United States Department of Transportation (“U.S. DOT”) regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Agreement. Upon execution of this Agreement, CONTRACTOR certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FTA assisted project for which this work is being performed. In addition to other penalties that may be applicable, CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on CONTRACTOR to the extent the Federal Government deems
appropriate.

2. CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with this Agreement that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §5307, the Government reserves the right to

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impose the penalties of 18 U.S.C §1001 on CONTRACTOR, to the extent the Federal Government deems appropriate.

3. CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

C. Access to Records:

The following access to records requirements applies to this Agreement:

1. Where a purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the CONTRACTOR agrees to provide the purchaser, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. CONTRACTOR also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or their authorized representatives including any PMO CONTRACTOR access to CONTRACTOR’s records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where any purchaser which is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the CONTRACTOR shall make available records related to the contract to the purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.

3. The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

4. The CONTRACTOR agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than three years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case CONTRACTOR agrees to maintain

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same until the Purchaser, the FTA Administrator, the
Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR

18.39(i)(11). Each contract year during the Term will be treated as a separate term of this Agreement for recordkeeping purposes under this portion of this Agreement.

5. FTA does not require the inclusion of these requirements in subcontracts.

D. Lobbying: CONTRACTOR who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Language in Lobbying Certification is mandated by 49CFR Part 19, Appendix A, Section 7, which provides that CONTRACTORS file the certification required by 49 CFR 20.110(d)
E. Government-Wide Debarment and Suspension: This Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR

29.940 and 29.945.

The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

In connection with its bid or proposal, CONTRACTOR certifies as follows:

The certification in this clause is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR knowingly rendered an erroneous certification, in addition to remedies available to CITY the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

CONTRACTOR agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. CONTRACTOR further agrees

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to include a provision requiring such compliance in its lower tier covered transactions.

F. [INTENTIONALLY OMITTED]
G. Bonus or Commission: CONTRACTOR affirms that is has not paid, and agrees that it will not pay, any bonus or commission to obtain federal assistance for any project or related activities supported under the Agreement or Underlying Agreement (as defined in the FTA Master Agreement).

H. Trafficking in Persons:

1. CONTRACTOR agrees that it and its employees that participate on the CONTRACTOR Vanpool Program at issue in the Agreement may not:

A. Engage in severe forms of trafficking in persons (as defined by 22 U.S.C. § 7102), during the period of time that the Agreement is in effect;
B. Procure a commercial sex act (as defined at 22 U.S.C. § 7102) during the period of time that the Agreement is in effect, or
C. Use forced labor in the performance of the Agreement or subagreements thereunder.

2. CONTRACTOR agrees to comply and assures the compliance of each subrecipient, with federal requirements and guidance, including:

A. Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended 22 U.S.C. § 7104 (g), and
B. The terms of this section 4.g, which have been derived from U.S. 0MB regulatory guidance, “Award Term for
Trafficking in Persons,” 2 C.F.R. Part 175 per U.S. OMB’s direction.

3. CONTRACTOR agrees to, and assures that each subrecipient or subcontractor will:

A. Provide Information: Inform FTA immediately of any
information it receives from any source alleging a violation of the prohibitions listed in this clause; and
B. Flow-down: Include the substance of this clause in all agreements or subcontracts with recipients, subrecipients, contractors, and subcontractors at every tier, including this requirement to flow down the clause.

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I. Awards Involving Commerce – Fair Labor Standards Act:

CONTRACTOR agrees to comply with the Fair Labor Standards Action (“FLSA”), 29 U.S.C. § 201, et seq., to the extent that the FLSA applies.

J. Safe Operation of Motor Vehicles:

1. Seat Belt Use: Pursuant to Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” April 16, 1997, 23 U.S.C. § 402 note, (62 Fed. Reg. 19217), CONTRACTOR is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles.

The terms “company-owned” and Company-Leased” refer to
vehicles owned or leased either by CONTRACTOR or CITY.

2. Distracted Driving: Pursuant to (1) Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging While Driving,” October 1, 2009, 23 U.S.C. § 402 note, (74 Fed. Reg 51225); (2) U.S. DOT Order 3902.10, “Text Messaging While Driving,” December 30, 2009, CONTRACTOR is encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by and employer, and driving a vehicle the driver owns or rents, a vehicles CONTRACTOR owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.

K. Substance Abuse: To the extent CONTRACTOR is engaged in operations requiring compliance with 49 C.F.R. Part 655, CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49 C. F. R. Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administration, the State Oversight Agency of California, or AGENCY, to inspect the facilities and records associated with implementation of the required drug and alcohol testing program and to review the testing process. To the extent applicable, CONTRACTOR agrees to certify annually its compliance with Part 665 before March 1st and to submit the Management Information System reports before March 10 to CITY’s Transportation Director. To the extent applicable, CONTRACTOR shall use “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” published annually in the Federal Register, to certify compliance.

L. Access Requirements for Individuals with Disabilities: CITY and contractors are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§12101

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et seq. and 49 U.S.C. §322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app §1612; and the following regulations and any amendments thereto:

1. U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA)”, 49 C.F.R. Part 37;

2. U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance”, 49 C.F.R. Part 27;

3. U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles”, 49 C.F.R.

Part 38;

4. Department of Justice (DOJ) regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services”, 28 C.F.R. Part 35;

5. DOJ regulation, “Nondiscrimination of the Bases of Disability by Public Accommodations and in Commercial Facilities”, 28 C.F.R.

Part 36;

6. General Services Administration regulations, “Construction and Alteration of Public Buildings”, “Accommodations for the Physically Handicapped”, 41 C.F.R. Part 101-19;

7. Equal Employment Opportunity Commission (EEOC) “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act”, 29 C.F.R. Part 1630;

8. Federal Communications Commission regulations,
“Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled”, 49 C.F.R. Part 64, Subpart F; and

9. FTA regulations, “Transportation for Elderly and Handicapped Persons”, 49 C.F.R. Part 609.

M. Contract Work Hours and Safety Standards Act:

To the extent the Contract Work Hours and Safety Standards Act apply CONTRACTOR agrees:

1. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.

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2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

3. Withholding for Unpaid Wages and Liquidated Damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hourly and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clause set forth in this section.

5. Payrolls and Basic Records (Non-Construction). Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site for work. Such records shall contain the name, address, and social security number of each such worker, his or her classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

N. [INTENTIONALLY OMITTED].

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O. Prompt Payment
The CONTRACTOR is required to pay its subcontractors performing work related to this Agreement for satisfactory performance of that work no later than 30 days after the CONTRACTOR’s receipt of payment for that work. In addition, the CONTRACTOR is required to return any retainage payments to those subcontractors within 30 days after the subcontractor’s work related to this Agreement is satisfactorily completed.

The CONTRACTOR must promptly notify the CITY, whenever a DBE subcontractor performing work related to this Agreement is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.

The CONTRACTOR may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.

CONTRACTOR agrees to include the Prompt Payment Clause in each subcontract.

P. Simplified Acquisition Threshold
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317-200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000 49 U.S.C. § 53230)(13)).

CONTRACTOR agrees to include the Simplified Acquisition Clause in each subcontract greater than the $250,000.

Signature page follows.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the Effective Date.

Enterprise Rent-A-Car Sacramento, LLC
Authorized signature:

Print name:

Title:

Date:

City of Porterville
Authorized signature:

Print name: Martha A. Flores
Title: Mayor
Date:

Approved as to Form, City Attorney
Authorized signature:

Print name:

Title:

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EXHIBIT A

SERVICES
A. Vehicle Rental - CONTRACTOR will rent vanpool vehicles that it owns and to which it retains ownership and control consistent with ownership during performance, each seating seven (7) to fifteen (15) passengers (such vehicles are referred to as “vehicles”), to vanpool groups enrolled in the Vanpool Program.

Vehicles that accommodate individuals with disabilities may require modifications. The CITY and CONTRACTOR will mutually agree on price.

CONTRACTOR will comply with the Americans with Disabilities Act to the extent applicable.

B. Vanpool Marketing - CONTRACTOR will market and promote the Program and provide ride matching assistance to facilitate formation of vanpool groups. It is acknowledged that while CONTRACTOR will encourage all eligible vanpools to participate in the Program, CONTRACTOR may operate non- Porterville Transit vanpools in the same geographic service area.

C. Vanpool Agreements and Eligibility Requirements - Each vanpool driver must (a) sign CONTRACTOR’s then-current driver agreement and/or vanpool coordinator agreements, (b) authorize CONTRACTOR, or its designee, to obtain records related to their driving history, and (c) meet certain minimum automobile insurance and continuing eligibility requirements. CITY acknowledges and agrees that CONTRACTOR reserves the right to decline or terminate any vanpool driver who fails to comply with the Program, driver eligibility or insurance requirements of the Program or otherwise.

D. Vehicle Servicing & Maintenance - CONTRACTOR will arrange for preventative maintenance and inspections of vanpool vehicles. According to Original Equipment Manufacturer (“OEM”) standards, each vehicle will be eligible for a regular, routine service and safety inspection including lubrication, and oil and filter change. During this service visit, a comprehensive safety inspection will be performed and may include monitoring all major and mechanical systems including wear/air pressure of tires, brakes, belts, hoses, water pump, fluids, suspension, wheel bearings and exhaust. Maintenance and inspections will be in accordance with the OEM recommendations and ASEcertified technicians’ discretion.

E. Reporting - CONTRACTOR will provide the CITY with certain data and reports identified by the CITY to enable it to comply with its NTD Reporting requirements. Until the end of the Term, CONTRACTOR will cause to be prepared and provided to CITY the following:
(i) Within 20 days after the end of each month (starting with the first full calendar month after the Effective Date), an unaudited report as of the end of such month; and

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(ii) Within 60 days after the end of each calendar year (starting after December 21 of the calendar year of the Effective Date), an unaudited report as of the end of such month; and
(iii) Each report provided to the CITY pursuant to Section E will be consistent with the requirements of the United States Federal Transit Administration and consist of the following items: (1) the number of vanpool groups added or discontinued as of the end of such month or calendar year, as appropriate; (2) the number of current active vanpools; and
(3) route and group information such as origin and destination, vehicle driver (name) and vehicle passenger capacity.

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EXHIBIT B

NON-COLLUSION AFFIDAVIT FOR PROPOSER
[attached]

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STATE OF CALIFORNIA

BEFORE THE CITY OF PORTERVILLE,

CALIFORNIA PUBLIC WORKS DEPARTMENT
x
In re
:
:

ENTERPRISE RENT-A-CAR COMPANY
:
:

OF SACRAMENTO, LLC :
:

September [], 2024
x
CERTIFICATION OF ERIC J. SCHONOFF IN SUPPORT OF PROPOSAL OF

ENTERPRISE RENT-A-CAR COMPANY OF SACRAMENTO, LLC FOR THE

PROVISION OF VANPOOL SERVICES TO THE CITY OF PORTERVILLE,

CALIFORNIA, PUBLIC WORKS DEPARTMENT, FOR THE PORTERVILLE

TRANSIT SERVICE VANPOOL PROGRAM
I, Eric J. Schonoff, hereby certify that:

1. I am a Vice President and General Manager Vice President and General Manager of Enterprise Rent-A-Car Company of Sacramento, LLC (“Enterprise”), which maintains an office at 150 North Sunrise Avenue, Roseville, CA 95661. I am familiar with the matters contained in this certification and Enterprise’s proposal for the vanpool services. I am familiar with the work to be performed by Enterprise on behalf of the City of Porterville, California (the “City”).

2. To the best of my knowledge, information and belief, the following statements are true and accurate in all material respects: (i) that Enterprise has not either directly or indirectly, (i) entered into any agreement, (ii) participated in any collusion, or (iii) otherwise taken any action, and the pricing in the proposal (“Proposal”) submitted to the City, are fair, appropriate, and not impaired by any activity in restraint of free competition in connection with the Proposal.

Pursuant to 31 U.S.C. § 3801, I certify or affirm that the foregoing statements are true and correct to the best of my knowledge, information and belief.

Dated: September [], 2024
Roseville, California

Eric J. Schonoff
Vice President, General Manager

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EXHIBIT C

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 CONTRACTOR certifies that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the CONTRACTOR, 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 CONTRACTOR shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The CONTRACTOR 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.

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

Enterprise Rent-A-Car of Sacramento, LLC
By: ______________________________________
Name: Eric J. Schnohoff
Title: Vice President, General Manager
Date:

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EXHIBIT D

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):

X The CONTRACTOR certifies that the CONTRACTOR 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.

The CONTRACTOR 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.

Enterprise Rent-A-Car of Sacramento, LLC
By: ______________________________________
Name: Eric J. Schnohoff
Title: Vice President, General Manager
Date:

State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded

3.72050 61.71731 9.77602 0.61914 42.03430 6.79234
AL Alabama Anniston-Oxford, AL 0.00000 0.00000 3.52510 0.29362 0.00000 1.48759 0 $0 AL Alabama Auburn, AL 0.00000 0.00000 3.36933 0.20060 0.00000 0.46045 0 $0 AL Alabama Decatur, AL 1.72212 24.51099 2.85965 0.20092 4.92466 0.93913 0 $0 AL Alabama Dothan, AL 0.00000 0.00000 8.31773 0.41437 0.00000 0.70378 0 $0 AL Alabama Fairhope-Daphne, AL 1.58030 36.53651 0.94819 0.04101 1.49843 0.10181 0 $0 AL Alabama Florence, AL 1.80236 24.98232 2.73091 0.19702 4.92208 0.49814 0 $0 AL Alabama Gadsden, AL 0.00000 0.00000 3.40223 0.27405 0.00000 1.10241 0 $0 AL Alabama Tuscaloosa, AL 0.00000 0.00000 2.60270 0.24728 0.00000 1.20584 0 $0 AK Alaska Fairbanks, AK 19.10822 217.18513 8.95773 0.57709 2.16893 3.14355 2 $1,006,772 AK Alaska Wasilla-Knik-Fairview-North Lakes, AK 11.69520 351.37585 8.38627 0.33194 6.80477 0.50206 2 $1,006,772 AZ Arizona Bullhead City, AZ-NV 0.00000 0.00000 8.10946 0.49210 0.00000 3.67957 0 $0 AZ Arizona Casa Grande, AZ 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 AZ Arizona Flagstaff, AZ 5.12142 65.41779 12.79656 1.00182 65.53660 16.46613 6 $3,020,316 AZ Arizona Lake Havasu City, AZ 0.00000 0.00000 1.50616 0.17429 0.00000 2.08794 0 $0 AZ Arizona Maricopa, AZ 0.00000 0.00000 0.62057 0.04298 0.00000 0.31924 0 $0 AZ Arizona Prescott-Prescott Valley, AZ 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 AZ Arizona Sierra Vista, AZ 0.00000 0.00000 2.05771 0.18736 0.00000 1.29117 0 $0 AZ Arizona Yuma, AZ-CA 9.92442 278.95251 32.93717 1.17182 326.88235 11.80081 6 $3,020,316 AR Arkansas Conway, AR 0.89400 13.61995 0.36224 0.02378 0.32384 0.06037 0 $0 AR Arkansas Fort Smith, AR-OK 0.00000 0.00000 3.59186 0.23732 0.00000 1.63308 0 $0 AR Arkansas Hot Springs, AR 0.00000 0.00000 3.59728 0.30048 0.00000 1.72164 0 $0 AR Arkansas Jonesboro, AR 0.00000 0.00000 5.02292 0.34017 0.00000 1.16561 0 $0 CA California Arroyo Grande-Grover Beach-Pismo Beach, CA 6.22080 142.81361 12.89920 0.56187 80.24337 4.86133 4 $2,013,544 CA California Camarillo, CA 11.79110 265.86175 7.66257 0.38323 33.27712 2.60497 2 $1,006,772 CA California Chico, CA 2.21508 29.49748 9.40860 0.70653 20.84080 4.35595 1 $503,386 CA California Davis, CA 6.10766 78.15626 13.10970 1.03418 76.62021 27.64701 6 $3,020,316 CA California El Centro, CA 6.15555 131.81456 14.97214 0.69918 92.16173 7.98500 6 $3,020,316 CA California El Paso de Robles (Paso Robles)-Atascadero, CA 5.07967 104.87483 6.67545 0.34800 30.13968 2.72158 2 $1,006,772 CA California Fairfield, CA 3.81125 60.79561 5.73229 0.35935 21.84717 2.47727 1 $503,386 CA California Gilroy-Morgan Hill, CA 2.11206 26.22381 1.34690 0.10848 2.84474 0.66633 0 $0 CA California Hanford, CA 4.55681 100.06903 18.45690 0.84047 84.10466 6.23589 5 $2,516,930 CA California Hemet, CA 6.53983 137.87095 8.48338 0.40240 55.47985 2.69395 3 $1,510,158

FEDERAL TRANSIT ADMINISTRATION
TABLE 6
FY 2024 FULL YEAR SMALL TRANSIT INTENSIVE CITIES PERFORMANCE DATA AND APPORTIONMENTS The amount apportioned in this notice includes funding authorized under the Bipartisan Infrastructure Law, enacted as the Infrastructure Investment and Jobs Act (Pub. L. 117-58), and is based on funding made available under the Consolidated Appropriations Act, 2024 (H.R. 4366 / Public Law 118-42, March 9, 2024).

Note: For bi- or multi-state UZAs in the table below, the data and apportionment amounts shown are displayed for the State with the highest population share of each applicable UZA. However, the data and apportionment amounts provided correspond to the UZA as a whole rather than to the specific State to which they are attributed in the table. Further, STIC apportionments to UZAs in more than one State are divided among the applicable States based on their respective population shares.

Average for UZAs with Populations 200,000 - 999,999
State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
CA California Lodi, CA 4.96433 172.19206 7.62512 0.49383 19.16046 2.84277 2 $1,006,772 CA California Lompoc, CA 8.74096 196.45400 8.32514 0.58152 39.96607 2.66913 2 $1,006,772 CA California Madera, CA 0.00000 0.00000 2.99498 0.19608 0.00000 0.63899 0 $0 CA California Manteca, CA 7.07547 287.06126 16.80994 0.54707 101.85286 2.85868 4 $2,013,544 CA California Merced, CA 1.75456 27.11097 9.65696 0.62498 16.94373 2.34076 1 $503,386 CA California Napa, CA 3.13470 45.47040 13.05716 0.90015 40.93029 4.45848 2 $1,006,772 CA California Petaluma, CA 2.43387 30.52193 6.12691 0.48857 14.91212 3.91513 0 $0 CA California Porterville, CA 11.99754 289.36634 4.44096 0.43360 0.41834 2.60631 2 $1,006,772 CA California Redding, CA 1.79563 29.93517 6.25171 0.37500 11.22575 2.04710 0 $0 CA California Salinas, CA 2.58192 40.65480 7.95325 0.50510 20.53465 3.97715 0 $0 CA California San Luis Obispo, CA 6.95788 141.97994 20.75490 1.01712 144.41015 13.02072 6 $3,020,316 CA California Santa Cruz, CA 5.50693 78.79507 12.91829 0.90285 71.14015 11.94799 6 $3,020,316 CA California Santa Maria, CA 5.03955 91.29716 8.38853 0.46304 42.27442 3.52692 3 $1,510,158 CA California Seaside-Monterey-Pacific Grove, CA 2.56454 40.37143 16.11760 1.02385 41.33417 8.12174 3 $1,510,158 CA California Simi Valley, CA 0.00000 0.00000 4.00948 0.27129 0.00000 1.29259 0 $0 CA California Tracy-Mountain House, CA 5.65756 242.13076 14.40166 0.53287 65.36281 2.14016 4 $2,013,544 CA California Tulare, CA 2.30846 37.17646 8.18357 0.50816 18.89142 3.14585 0 $0 CA California Turlock, CA 2.65592 34.58489 10.48890 0.80549 27.85768 4.29686 2 $1,006,772 CA California Vacaville, CA 2.99541 99.53378 4.33501 0.30304 1.92512 2.58401 1 $503,386 CA California Vallejo, CA 3.07101 54.33318 8.57713 0.48479 26.34042 3.32758 0 $0 CA California Visalia, CA 2.05592 32.67335 13.26224 0.83450 27.26605 3.56750 2 $1,006,772 CA California Watsonville, CA 8.48709 153.03276 26.32318 1.45986 223.40715 18.39950 6 $3,020,316 CA California Woodland, CA 4.40764 80.23595 8.43773 0.46351 37.19049 3.20761 2 $1,006,772 CA California Yuba City, CA 2.61955 38.12286 7.07366 0.48605 18.52980 3.49151 0 $0 CO Colorado Boulder, CO 5.93691 76.39557 25.36645 1.97130 150.59843 34.76695 6 $3,020,316 CO Colorado Castle Rock, CO 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 CO Colorado Grand Junction, CO 0.00000 0.00000 6.80895 0.45018 0.00000 3.58702 0 $0 CO Colorado Greeley, CO 4.06407 192.73982 5.62752 0.41139 0.62083 4.02811 2 $1,006,772 CO Colorado Lafayette-Erie-Louisville, CO 2.85202 37.01892 2.16832 0.16705 6.18408 1.51094 0 $0 CO Colorado Longmont, CO 3.53282 44.25396 8.43505 0.67337 29.79950 7.39983 2 $1,006,772 CO Colorado Pueblo, CO 2.97700 42.53383 9.95397 0.59626 17.64751 4.74380 1 $503,386 CT Connecticut Danbury, CT-NY 13.85769 352.05098 36.96206 1.45493 512.20875 27.68884 6 $3,020,316 CT Connecticut Norwich-New London, CT 4.05323 61.03048 7.51343 0.48886 28.19186 4.89590 1 $503,386 CT Connecticut Waterbury, CT 13.60113 308.49406 33.49213 1.47663 455.53086 29.40277 6 $3,020,293 DE Delaware Dover, DE 2.31343 40.16129 19.14531 1.10283 44.29125 6.60493 3 $1,510,158 FL Florida Beverly Hills-Homosassa Springs-Pine Ridge, FL 3.40904 136.98238 3.92949 0.19611 2.89319 0.34433 1 $503,386 FL Florida Fernandina Beach-Yulee, FL 0.00000 0.00000 3.62970 0.26029 0.00000 0.44801 0 $0 FL Florida Four Corners, FL 3.27340 49.51862 2.99028 0.19767 9.78839 1.78019 0 $0 FL Florida Leesburg-Eustis-Tavares, FL 1.71951 27.03370 4.58995 0.29195 7.89247 1.06949 0 $0 FL Florida Ocala, FL 0.00000 0.00000 5.04391 0.33495 0.00000 1.28415 0 $0 FL Florida Panama City-Panama City Beach, FL 3.21734 43.44926 4.50858 0.33385 14.50561 2.13175 0 $0 FL Florida Poinciana, FL 2.67582 37.99878 7.42259 0.52269 19.86149 3.41162 0 $0 FL Florida Port Charlotte-North Port, FL 1.30319 20.47798 5.46176 0.34758 7.11771 1.02240 0 $0 FL Florida Sebring-Avon Park, FL 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 FL Florida Spring Hill, FL 3.00922 86.65935 3.78610 0.18447 3.29106 0.71972 1 $503,386 State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
FL Florida St. Augustine, FL 0.00000 0.00000 7.11997 0.48333 0.00000 1.21532 0 $0 FL Florida The Villages-Lady Lake, FL 1.71920 27.02660 1.35032 0.07836 0.65337 0.18587 0 $0 FL Florida Titusville, FL 3.90500 76.58215 7.00013 0.34988 24.20236 3.52534 2 $1,006,772 FL Florida Vero Beach-Sebastian, FL 4.76131 80.98014 6.24522 0.36719 29.73543 6.39128 2 $1,006,772 FL Florida Zephyrhills, FL 2.11208 39.13112 3.05231 0.16475 6.44674 0.83944 0 $0 GA Georgia Albany, GA 3.31103 55.99545 5.61595 0.33207 18.59458 3.48224 0 $0 GA Georgia Athens-Clarke County, GA 5.33495 54.77989 8.72776 0.84999 46.56212 24.43961 4 $2,013,544 GA Georgia Brunswick-St. Simons, GA 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 GA Georgia Cartersville, GA 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 GA Georgia Dalton, GA 0.00000 0.00000 1.66774 0.11194 0.00000 0.20806 0 $0 GA Georgia Gainesville, GA 0.00000 0.00000 2.24751 0.11335 0.00000 0.40212 0 $0 GA Georgia Hinesville, GA 0.00000 0.00000 2.65063 0.20082 0.00000 0.34559 0 $0 GA Georgia Macon-Bibb County, GA 0.00000 0.00000 8.71568 0.85895 0.00000 3.41563 1 $503,386 GA Georgia Rome, GA 2.06206 32.21244 6.36828 0.40766 13.13178 2.73182 0 $0 GA Georgia Valdosta, GA 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 GA Georgia Warner Robins, GA 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 GA Georgia Winder, GA 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 GU Guam Dededo-Apotgan-Tamuning, GU 0.00000 0.00000 2.53520 0.18784 0.00000 0.13537 0 $0 HI Hawaii Kahului-Wailuku, HI 4.69893 71.05412 34.17518 2.26006 160.58686 16.97482 6 $3,020,316 HI Hawaii Kailua (Honolulu County)-Kaneohe, HI 5.67174 78.09555 6.09293 0.44250 34.55747 6.88197 3 $1,510,158 ID Idaho Coeur d'Alene, ID 0.00000 0.00000 2.55582 0.15712 0.00000 1.17517 0 $0 ID Idaho Idaho Falls, ID 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 ID Idaho Lewiston, ID-WA 0.00000 0.00000 8.28983 0.47693 0.00000 1.91600 0 $0 ID Idaho Nampa, ID 2.05901 36.49220 4.35473 0.24847 7.70265 1.59206 0 $0 ID Idaho Pocatello, ID 0.00000 0.00000 5.44975 0.33455 0.00000 2.07333 0 $0 ID Idaho Twin Falls, ID 0.00000 0.00000 0.31582 0.04209 0.00000 0.06567 0 $0 IL Illinois Alton, IL 2.08987 35.20400 5.56423 0.33032 11.62851 1.79878 0 $0 IL Illinois Bloomington-Normal, IL 2.69831 32.17644 11.85512 0.99417 31.98881 13.39119 3 $1,510,158 IL Illinois Champaign, IL 3.96322 42.72219 22.07959 2.04403 87.15267 49.81850 5 $2,516,930 IL Illinois Decatur, IL 2.28829 31.39560 12.07521 0.88011 27.63157 10.46512 3 $1,510,158 IL Illinois DeKalb, IL 1.53093 19.18642 16.14771 1.28783 24.57046 9.98991 3 $1,510,158 IL Illinois Kankakee, IL 3.49373 51.22862 12.91151 0.88055 45.10936 5.86399 3 $1,510,158 IL Illinois Springfield, IL 1.76423 24.70778 14.08726 1.00588 24.85314 6.46764 2 $1,006,772 IN Indiana Anderson, IN 0.00000 0.00000 5.63622 0.38767 0.00000 1.28571 0 $0 IN Indiana Bloomington, IN 4.62850 48.84506 9.11586 0.86381 42.19282 17.75844 4 $2,013,544 IN Indiana Columbus, IN 0.00000 0.00000 5.30701 0.48231 0.00000 2.76505 0 $0 IN Indiana Elkhart, IN-MI 2.41809 39.46791 5.67120 0.34746 13.71346 2.47786 0 $0 IN Indiana Kokomo, IN 2.00967 26.17213 8.49260 0.65212 17.06734 4.14466 1 $503,386 IN Indiana Lafayette, IN 5.31797 67.38176 11.57483 0.91352 61.55459 23.04359 6 $3,020,316 IN Indiana Michigan City-La Porte, IN-MI 11.63108 628.72783 9.16665 0.45712 52.85870 2.72529 3 $1,510,158 IN Indiana Muncie, IN 3.63162 49.28125 10.05846 0.74122 36.52847 9.93963 3 $1,510,158 IN Indiana Terre Haute, IN 0.42760 5.30724 5.28194 0.42556 2.25855 1.64826 0 $0 IN Indiana Valparaiso-Shorewood Forest, IN 0.00000 0.00000 6.89228 0.45960 0.00000 2.14979 0 $0 IA Iowa Ames, IA 4.42508 45.21337 20.33971 1.99067 90.00488 55.32049 5 $2,516,930 IA Iowa Cedar Rapids, IA 3.33515 56.29405 7.18514 0.46407 20.26153 4.14429 0 $0 State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
IA Iowa Dubuque, IA-IL 0.00000 0.00000 9.00225 0.70398 0.00000 4.73735 1 $503,386 IA Iowa Iowa City, IA 3.60070 48.65426 19.02663 1.40808 68.50923 28.63944 4 $2,013,544 IA Iowa Sioux City, IA-NE-SD 3.89593 54.17931 6.94918 0.48511 25.63054 5.55943 1 $503,386 IA Iowa Waterloo, IA 0.00000 0.00000 6.41248 0.45320 0.00000 1.87502 0 $0 KS Kansas Lawrence, KS 2.19794 24.88497 16.27130 1.44422 34.79752 19.36524 3 $1,510,158 KS Kansas Manhattan, KS 0.00000 0.00000 5.41524 0.49314 0.00000 2.08745 0 $0 KS Kansas Topeka, KS 2.97803 43.79440 6.55737 0.44590 19.52808 4.81362 0 $0 KY Kentucky Bowling Green, KY 0.00000 0.00000 2.17569 0.18137 0.00000 0.63427 0 $0 KY Kentucky Elizabethtown-Radcliff, KY 1.26150 25.00821 15.15553 0.76450 19.11873 1.18877 2 $1,006,772 KY Kentucky Owensboro, KY 1.36641 17.94838 9.83328 0.74519 6.51945 3.24813 2 $1,006,772 KY Kentucky Paducah, KY-IL 0.00000 0.00000 12.05030 0.75447 0.00000 2.82212 2 $1,006,772 LA Louisiana Alexandria, LA 0.00000 0.00000 6.16360 0.41177 0.00000 3.25450 0 $0 LA Louisiana Hammond, LA 0.00000 0.00000 1.57876 0.07954 0.00000 0.17124 0 $0 LA Louisiana Houma, LA 0.00000 0.00000 1.50226 0.07503 0.00000 0.29189 0 $0 LA Louisiana Lake Charles, LA 0.00000 0.00000 1.02167 0.09818 0.00000 0.50522 0 $0 LA Louisiana Mandeville-Covington, LA 0.00000 0.00000 0.66905 0.07316 0.00000 0.12619 0 $0 LA Louisiana Monroe, LA 0.00000 0.00000 3.52995 0.23243 0.00000 3.11191 0 $0 LA Louisiana Slidell, LA 0.00000 0.00000 1.43298 0.15670 0.00000 0.27027 0 $0 ME Maine Bangor, ME 0.00000 0.00000 11.40599 0.81841 0.00000 6.57872 2 $1,006,772 ME Maine Lewiston, ME 1.11844 18.00099 5.51007 0.40553 1.80445 3.66661 0 $0 MD Maryland Frederick, MD 2.52459 35.15954 5.00742 0.35969 12.59822 2.33090 0 $0 MD Maryland Hagerstown, MD-WV-PA-VA 0.00000 0.00000 5.59386 0.33478 0.00000 2.04337 0 $0 MD Maryland Lexington Park-California-Chesapeake Ranch Estates, MD 0.00000 0.00000 8.11700 0.57713 0.00000 2.46194 0 $0 MD Maryland Salisbury, MD-DE 3.72014 80.58443 17.31851 0.79950 64.42729 1.98934 4 $2,013,544 MD Maryland Waldorf, MD 1.84342 32.66134 11.07575 0.62512 20.41730 2.82092 2 $1,006,772 MA Massachusetts Amherst Town-Northampton-Easthampton Town, MA 3.48924 48.58529 11.09532 0.79683 38.71428 11.09044 3 $1,510,158 MA Massachusetts Leominster-Fitchburg, MA 1.25360 30.09838 31.70678 1.32059 39.74769 5.54967 2 $1,006,772 MA Massachusetts New Bedford, MA 3.01796 41.76072 7.58662 0.54827 22.89614 6.81605 1 $503,386 MA Massachusetts Pittsfield, MA 1.86962 30.78406 13.44144 0.81634 25.13040 5.39941 2 $1,006,772 MI Michigan Battle Creek, MI 3.33403 164.92400 7.90710 0.48115 2.01151 3.22713 1 $503,386 MI Michigan Bay City, MI 1.57225 29.40689 11.15827 0.59658 17.54355 2.27253 1 $503,386 MI Michigan Benton Harbor-Lincoln-St. Joseph, MI 0.00000 0.00000 6.90302 0.57509 0.00000 2.69530 0 $0 MI Michigan Holland, MI 1.52571 18.82018 5.94756 0.48216 9.07425 2.14574 0 $0 MI Michigan Jackson, MI 1.65421 24.28362 6.93674 0.47253 11.47486 3.73543 0 $0 MI Michigan Midland, MI 3.33403 164.96576 8.81827 0.49916 2.66958 1.78945 1 $503,386 MI Michigan Monroe, MI 1.53561 18.79347 7.09001 0.57932 10.88748 2.97157 0 $0 MI Michigan Muskegon-Norton Shores, MI 0.00000 0.00000 7.40293 0.51293 0.00000 2.23339 0 $0 MI Michigan Port Huron, MI 2.37921 32.72981 18.82130 1.36817 44.77989 8.29964 4 $2,013,544 MI Michigan Saginaw, MI 3.95794 67.49911 7.86873 0.46140 31.14400 3.92262 2 $1,006,772 MI Michigan South Lyon-Hamburg-Genoa, MI 3.33404 164.83874 6.63826 0.24821 1.42859 0.72665 1 $503,386 MI Michigan Traverse City-Garfield, MI 0.00000 0.00000 14.91473 1.00345 0.00000 2.52786 2 $1,006,772 MN Minnesota Duluth, MN-WI 3.64501 45.47877 17.19651 1.37826 62.68142 15.91177 4 $2,013,544 MN Minnesota Mankato, MN 0.00000 0.00000 8.76514 0.66993 0.00000 6.33306 1 $503,386 MN Minnesota Rochester, MN 2.05319 30.17050 13.97381 0.95096 28.69085 7.69940 3 $1,510,158 MN Minnesota St. Cloud, MN 1.62935 22.20356 13.76205 1.00989 22.42326 6.17590 2 $1,006,772 State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
MS Mississippi Hattiesburg, MS 0.00000 0.00000 3.91763 0.26471 0.00000 0.59650 0 $0 MS Mississippi Pascagoula-Gautier, MS 4.32543 145.29722 2.37439 0.07068 10.27026 0.22583 2 $1,006,772 MO Missouri Cape Girardeau, MO-IL 0.00000 0.00000 14.71719 0.98075 0.00000 3.55532 2 $1,006,772 MO Missouri Columbia, MO 4.42844 51.82132 5.34672 0.43526 19.64943 7.78409 2 $1,006,772 MO Missouri Jefferson City, MO 3.49190 56.64823 10.13156 0.69542 0.72630 4.16140 2 $1,006,772 MO Missouri Joplin, MO 0.00000 0.00000 2.61211 0.20410 0.00000 0.95859 0 $0 MO Missouri Lee's Summit, MO 0.00000 0.00000 1.83571 0.11317 0.00000 0.20753 0 $0 MO Missouri St. Joseph, MO-KS 0.00000 0.00000 10.80069 0.86785 0.00000 3.50265 2 $1,006,772 MT Montana Billings, MT 1.89195 26.75578 5.94505 0.41388 10.99342 2.62578 0 $0 MT Montana Bozeman, MT 0.00000 0.00000 7.15802 0.53651 0.00000 2.36528 0 $0 MT Montana Great Falls, MT 1.43559 17.97291 9.92611 0.79285 14.24986 4.77847 2 $1,006,772 MT Montana Helena, MT 0.00000 0.00000 3.17108 0.30363 0.00000 0.63660 0 $0 MT Montana Missoula, MT 2.88263 36.48415 10.54106 0.83285 30.38600 10.85137 3 $1,510,158 NE Nebraska Grand Island, NE 0.00000 0.00000 2.26454 0.29503 0.00000 0.78187 0 $0 NV Nevada Carson City, NV 4.92952 209.50702 5.70550 0.36408 11.37808 2.90086 2 $1,006,772 NH New Hampshire Dover-Rochester, NH-ME 2.70774 46.14360 4.30386 0.25974 9.65439 2.44504 0 $0 NH New Hampshire Manchester, NH 0.00000 0.00000 4.23517 0.39187 0.00000 1.62264 0 $0 NH New Hampshire Portsmouth, NH-ME 2.98721 51.35040 6.30719 0.37262 15.01523 3.32436 0 $0 NJ New Jersey Vineland, NJ 1.45103 25.37436 5.13230 0.38717 0.11345 0.85134 0 $0 NM New Mexico Farmington, NM 4.14900 238.57800 6.36615 0.43630 2.80691 1.27410 2 $1,006,772 NM New Mexico Las Cruces, NM 4.14901 238.58105 12.22103 0.58486 25.33098 3.24598 3 $1,510,158 NM New Mexico Los Lunas, NM 0.79197 14.00594 4.96196 0.28058 3.92975 0.47021 0 $0 NM New Mexico Santa Fe, NM 1.23737 13.48281 8.17910 0.74988 9.89297 3.70849 1 $503,386 NY New York Binghamton, NY 3.02767 38.01894 9.26749 0.73802 28.05891 7.75229 2 $1,006,772 NY New York Elmira, NY 0.00000 0.00000 8.96416 0.46325 0.00000 3.94109 0 $0 NY New York Glens Falls, NY 0.00000 0.00000 4.65595 0.26925 0.00000 2.91017 0 $0 NY New York Ithaca, NY 6.63786 93.74413 22.22629 1.57380 147.53494 32.87538 6 $3,020,316 NY New York Kingston, NY 1.23519 20.84610 11.12676 0.65929 13.74364 3.21535 2 $1,006,772 NY New York Kiryas Joel, NY 19.87218 624.63287 19.87656 0.92537 303.28490 18.18664 6 $3,020,316 NY New York Middletown, NY 19.37023 636.71737 6.22898 0.38783 50.75853 2.83902 3 $1,510,158 NY New York Riverhead-Southold, NY 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 NY New York Saratoga Springs, NY 0.57874 11.01683 11.14825 0.58565 6.45196 1.05532 1 $503,386 NY New York Utica, NY 2.14160 24.33668 6.51136 0.57299 13.94475 4.51402 0 $0 NY New York Watertown, NY 0.00000 0.00000 2.58090 0.22648 0.00000 1.48704 0 $0 NC North Carolina Burlington, NC 4.75483 147.10081 6.56931 0.41185 7.97301 1.46182 2 $1,006,772 NC North Carolina Clayton, NC 0.00000 0.00000 0.28886 0.01669 0.00000 0.02231 0 $0 NC North Carolina Gastonia, NC 0.00000 0.00000 3.41330 0.24307 0.00000 1.28580 0 $0 NC North Carolina Goldsboro, NC 0.00000 0.00000 6.84084 0.42945 0.00000 2.66953 0 $0 NC North Carolina Greenville, NC 0.00000 0.00000 5.32133 0.31885 0.00000 2.07184 0 $0 NC North Carolina High Point, NC 2.64964 70.61184 4.90930 0.29187 3.22787 4.01349 1 $503,386 NC North Carolina Jacksonville, NC 0.00000 0.00000 6.67485 0.38017 0.00000 1.45398 0 $0 NC North Carolina Pinehurst-Southern Pines, NC 0.00000 0.00000 2.31265 0.11691 0.00000 0.17977 0 $0 NC North Carolina Rocky Mount, NC 4.15230 185.64045 13.92510 0.74146 0.26102 3.52627 4 $2,013,544 ND North Dakota Bismarck, ND 0.00000 0.00000 7.69138 0.51589 0.00000 1.68054 0 $0 ND North Dakota Grand Forks, ND-MN 2.10079 21.44507 8.96339 0.87807 18.83019 4.23250 1 $503,386 State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
ND North Dakota Minot, ND 0.00000 0.00000 7.94610 0.75142 0.00000 2.41267 1 $503,386 OH Ohio Lima, OH 0.00000 0.00000 8.03973 0.58467 0.00000 2.96837 0 $0 OH Ohio Lorain-Elyria, OH 0.00000 0.00000 1.75234 0.13005 0.00000 0.22876 0 $0 OH Ohio Mansfield, OH 0.00000 0.00000 3.88083 0.30683 0.00000 1.57550 0 $0 OH Ohio Middletown, OH 0.00000 0.00000 2.26043 0.16527 0.00000 1.87604 0 $0 OH Ohio Newark, OH 0.88909 16.99804 5.04356 0.26380 4.48416 0.57410 0 $0 OH Ohio Sandusky-Port Clinton, OH 0.00000 0.00000 15.17683 1.02757 0.00000 6.28201 2 $1,006,772 OH Ohio Springfield, OH 0.00000 0.00000 2.92218 0.22423 0.00000 1.45475 0 $0 OH Ohio Steubenville-Weirton, OH-WV-PA 0.00000 0.00000 7.69548 0.58974 0.00000 2.75611 0 $0 OK Oklahoma Enid, OK 0.00000 0.00000 3.49406 0.26902 0.00000 0.76525 0 $0 OK Oklahoma Lawton, OK 0.00000 0.00000 6.49824 0.46794 0.00000 2.30138 0 $0 OK Oklahoma Norman, OK 0.00000 0.00000 3.36013 0.30607 0.00000 2.21403 0 $0 OR Oregon Albany, OR 0.00000 0.00000 3.11641 0.21532 0.00000 0.53649 0 $0 OR Oregon Bend, OR 2.03197 28.79997 3.40147 0.23999 6.91169 2.04673 0 $0 OR Oregon Corvallis, OR 0.00000 0.00000 11.68666 0.89142 0.00000 11.52089 3 $1,510,158 OR Oregon Grants Pass, OR 0.00000 0.00000 4.63554 0.39577 0.00000 1.65218 0 $0 OR Oregon Medford, OR 2.52808 35.91373 8.96577 0.63113 22.66620 4.02376 1 $503,386 PA Pennsylvania Altoona, PA 3.59681 42.72481 12.06425 0.96881 27.28094 6.71984 2 $1,006,772 PA Pennsylvania Chambersburg, PA 1.12101 22.19694 7.69913 0.38883 8.63081 0.78113 0 $0 PA Pennsylvania Erie, PA 1.83150 25.68740 12.19416 0.86944 22.33362 5.82330 2 $1,006,772 PA Pennsylvania Hanover, PA 1.25881 23.78180 6.12352 0.32413 7.70837 1.02737 0 $0 PA Pennsylvania Hazleton, PA 0.00000 0.00000 7.35053 0.57198 0.00000 2.52291 0 $0 PA Pennsylvania Johnstown, PA 2.65568 30.56809 12.65080 1.09907 33.59653 10.42281 3 $1,510,158 PA Pennsylvania Lebanon, PA 1.85206 30.45062 9.57194 0.58218 17.72780 2.99796 0 $0 PA Pennsylvania State College, PA 5.19427 92.06740 29.33739 1.64737 145.41596 41.69649 6 $3,020,316 PA Pennsylvania Williamsport, PA 4.29002 73.87025 19.54980 1.04535 65.81638 12.46075 6 $3,020,316 PR Puerto Rico Arecibo, PR 2.20341 27.47483 1.00865 0.09340 1.18650 0.37180 0 $0 PR Puerto Rico Barceloneta-Florida-Bajadero, PR 2.86282 34.45727 4.99631 0.53862 5.73229 1.93854 0 $0 PR Puerto Rico Fajardo, PR 2.35343 27.92445 7.45542 0.63452 17.02452 5.13090 1 $503,386 PR Puerto Rico Guayama, PR 2.32304 31.28031 6.99499 0.52968 15.91832 4.15466 0 $0 PR Puerto Rico Juana Díaz, PR 2.44790 25.30645 1.68720 0.16320 4.13011 1.37530 0 $0 PR Puerto Rico Mayagüez, PR 3.28255 72.33427 12.32688 0.78053 28.81507 3.50686 3 $1,510,158 PR Puerto Rico Ponce, PR 2.22353 17.01202 2.68960 0.29894 0.72924 2.45747 0 $0 PR Puerto Rico San Germán-Cabo Rojo-Sabana Grande, PR 2.24223 26.35015 0.11976 0.01019 0.26854 0.07337 0 $0 PR Puerto Rico Yauco, PR 2.46542 34.94826 5.50605 0.41243 12.09581 3.28825 0 $0 SC South Carolina Anderson-Clemson, SC 15.91915 239.63633 5.45972 0.36331 71.69513 4.77290 3 $1,510,158 SC South Carolina Beaufort-Port Royal, SC 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 $0 SC South Carolina Bluffton East-Hilton Head Island, SC 0.00000 0.00000 4.01416 0.26988 0.00000 2.31293 0 $0 SC South Carolina Florence, SC 0.00000 0.00000 4.07487 0.23380 0.00000 1.22020 0 $0 SC South Carolina Mauldin-Simpsonville, SC 1.57660 25.48255 2.04091 0.12627 3.21771 0.55549 0 $0 SC South Carolina Spartanburg, SC 0.99959 21.09169 4.96692 0.27786 3.59380 1.63772 0 $0 SC South Carolina Sumter, SC 1.63669 27.61381 2.81960 0.16712 4.61481 0.57655 0 $0 SD South Dakota Rapid City, SD 0.00000 0.00000 5.70073 0.43308 0.00000 2.45920 0 $0 SD South Dakota Sioux Falls, SD 2.20330 23.15004 4.70656 0.46717 9.10592 2.51026 0 $0 TN Tennessee Bristol, TN-VA 0.86794 19.70310 6.28047 0.50391 1.07946 1.37712 0 $0 State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
TN Tennessee Cleveland, TN 0.00000 0.00000 2.88169 0.28679 0.00000 0.67055 0 $0 TN Tennessee Jackson, TN 2.31807 35.33476 9.44603 0.61969 21.89659 3.97625 1 $503,386 TN Tennessee Johnson City, TN 0.86793 16.90257 7.48197 0.49794 2.81988 2.56778 0 $0 TN Tennessee Kingsport, TN-VA 0.86793 20.43055 6.50397 0.38313 2.79332 1.09568 0 $0 TN Tennessee Morristown, TN 0.00000 0.00000 12.03162 0.45907 0.00000 0.86805 1 $503,386 TN Tennessee Murfreesboro, TN 4.88230 59.80046 2.08166 0.16268 1.17973 0.89832 1 $503,386 TN Tennessee Spring Hill, TN 0.00000 0.00000 1.48331 0.08191 0.00000 0.12905 0 $0 TX Texas Abilene, TX 0.00000 0.00000 6.38703 0.47028 0.00000 2.76107 0 $0 TX Texas Beaumont, TX 1.11730 15.39422 5.63225 0.40879 6.29294 1.66699 0 $0 TX Texas Eagle Pass, TX 0.00000 0.00000 7.55648 0.46000 0.00000 1.26729 0 $0 TX Texas Galveston-Texas City, TX 0.00000 0.00000 5.05821 0.28247 0.00000 1.96402 0 $0 TX Texas Harlingen, TX 1.33195 29.95400 4.24538 0.18878 5.65466 0.56916 0 $0 TX Texas Lake Jackson, TX 0.00000 0.00000 7.25854 0.36295 0.00000 1.71461 0 $0 TX Texas Longview, TX 0.00000 0.00000 3.97264 0.23947 0.00000 1.28378 0 $0 TX Texas Midland, TX 0.00000 0.00000 3.85922 0.22723 0.00000 0.81166 0 $0 TX Texas New Braunfels, TX 0.93177 20.09421 2.44738 0.11348 2.28039 0.21064 0 $0 TX Texas Odessa, TX 0.00000 0.00000 2.90999 0.19384 0.00000 0.64790 0 $0 TX Texas Port Arthur, TX 0.00000 0.00000 3.35112 0.21004 0.00000 0.87749 0 $0 TX Texas San Angelo, TX 2.52077 43.81456 7.16991 0.41250 18.07369 1.97015 0 $0 TX Texas San Marcos, TX 6.99985 79.45232 14.29480 1.15851 68.36282 29.85721 6 $3,020,316 TX Texas Sherman-Denison, TX 4.20544 126.85864 7.96709 0.26411 33.50509 0.93882 2 $1,006,772 TX Texas Temple, TX 2.40863 27.32501 1.94488 0.17144 4.68448 0.81462 0 $0 TX Texas Texarkana, TX-AR 0.00000 0.00000 4.31902 0.32820 0.00000 2.42565 0 $0 TX Texas Tyler, TX 0.00000 0.00000 4.88808 0.30917 0.00000 1.27864 0 $0 TX Texas Victoria, TX 2.11379 33.71731 8.72132 0.54675 18.43502 4.07480 0 $0 TX Texas Waco, TX 2.08121 32.82728 6.41728 0.40685 13.35568 3.92643 0 $0 TX Texas Wichita Falls, TX 0.00000 0.00000 5.67844 0.38815 0.00000 2.46092 0 $0 UT Utah Logan, UT 2.47430 38.70003 10.28603 0.65764 25.45070 7.81916 3 $1,510,158 UT Utah St. George, UT 0.00000 0.00000 3.54641 0.26243 0.00000 2.26406 0 $0 VT Vermont Burlington, VT 3.55976 48.86506 14.92845 1.07904 52.21307 14.88929 4 $2,013,544 VI Virgin Islands, VI Virgin Islands, VI 0.00000 0.00000 9.10541 0.73650 0.00000 2.13529 1 $503,386 VA Virginia Blacksburg-Christiansburg, VA 4.94986 55.48232 19.52870 1.74771 94.59812 48.26229 5 $2,516,930 VA Virginia Charlottesville, VA 1.02196 11.72880 9.59349 0.92173 4.77421 9.00739 2 $1,006,772 VA Virginia Fredericksburg, VA 5.48701 305.26042 3.80106 0.23199 2.62153 1.05318 2 $1,006,772 VA Virginia Harrisonburg, VA 3.63885 36.79254 10.27074 1.01580 37.37369 18.53541 3 $1,510,158 VA Virginia Lynchburg, VA 2.14877 30.90425 8.50951 0.59167 18.28503 3.55604 0 $0 VA Virginia Staunton-Waynesboro, VA 0.00000 0.00000 5.54743 0.38766 0.00000 2.23808 0 $0 VA Virginia Williamsburg, VA 3.55482 55.47146 9.89173 0.71116 30.59491 15.65663 3 $1,510,158 VA Virginia Winchester, VA 0.00000 0.00000 2.22168 0.20761 0.00000 1.60983 0 $0 WA Washington Bellingham, WA 3.20231 43.72428 24.48786 1.79587 77.48865 24.11141 4 $2,013,544 WA Washington Longview, WA-OR 2.02654 23.06913 6.92015 0.60791 14.02394 3.38591 0 $0 WA Washington Marysville, WA 3.68498 56.42852 5.53722 0.35868 20.03452 3.40153 0 $0 WA Washington Mount Vernon, WA 2.75015 50.83059 29.69037 1.60637 81.65299 6.02348 3 $1,510,158 WA Washington Walla Walla, WA-OR 0.00000 0.00000 9.47518 0.69094 0.00000 6.54200 1 $503,386 WA Washington Wenatchee, WA 3.18025 61.17146 29.69769 1.54396 94.44619 11.76238 4 $2,013,544 State State Name Urbanized Area (UZA) Description
Passenger Miles
per Vehicle
Revenue Mile
Passenger Miles
per Vehicle
Revenue Hour
Vehicle
Revenue Mile
per Capita
Vehicle
Revenue Hour
per Capita
Passenger
Miles per
Capita
Passenger
Trips per
Capita
Number of
Performance
Factors Met or
Exceeded
STIC Funding: @
≈ $503,386 per
Factor Met or
Exceeded
WA Washington Yakima, WA 2.28757 26.55184 8.21177 0.69727 18.15185 3.82506 1 $503,386 WV West Virginia Beckley, WV 0.00000 0.00000 3.86236 0.28891 0.00000 1.00682 0 $0 WV West Virginia Charleston, WV 2.13379 37.01285 17.08827 0.98514 36.46275 7.21151 3 $1,510,158 WV West Virginia Morgantown, WV 5.30216 26.82824 25.11310 2.21171 32.68953 24.12720 4 $2,013,544 WV West Virginia Parkersburg, WV-OH 0.00000 0.00000 7.74234 0.59933 0.00000 3.49339 0 $0 WV West Virginia Wheeling, WV-OH 1.26091 17.31128 13.46125 0.98048 16.97343 4.81692 2 $1,006,772 WI Wisconsin Beloit, WI-IL 0.99554 14.35968 6.67910 0.44607 1.89511 1.87148 0 $0 WI Wisconsin Eau Claire, WI 1.80322 25.47275 10.71371 0.79380 16.23349 6.09107 2 $1,006,772 WI Wisconsin Fond du Lac, WI 0.00000 0.00000 4.33316 0.36581 0.00000 2.20213 0 $0 WI Wisconsin Janesville, WI 0.00000 0.00000 6.24278 0.42561 0.00000 4.62983 0 $0 WI Wisconsin Kenosha, WI 3.87692 52.11371 8.16607 0.60630 31.46862 9.65851 2 $1,006,772 WI Wisconsin La Crosse, WI-MN 1.86761 27.90873 14.29601 0.96682 19.12275 6.62405 2 $1,006,772 WI Wisconsin Oshkosh, WI 0.00000 0.00000 9.46351 0.62002 0.00000 8.05919 2 $1,006,772 WI Wisconsin Racine, WI 1.65577 20.56625 7.80427 0.62831 12.92205 4.34814 1 $503,386 WI Wisconsin Sheboygan, WI 0.00000 0.00000 8.58422 0.63022 0.00000 6.89137 2 $1,006,772 WI Wisconsin Wausau, WI 0.00000 0.00000 4.85553 0.35064 0.00000 4.40606 0 $0 WY Wyoming Casper, WY 0.00000 0.00000 6.33780 0.50094 0.00000 2.30255 0 $0 WY Wyoming Cheyenne, WY 0.00000 0.00000 4.46642 0.28727 0.00000 0.89025 0 $0 Total: 386 $194,306,973
Item No. 14.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Request for Authorization to Extend the Zero-Fare Program for Public Transportation Services
SOURCE: Public Works
COMMENT: On June 18, 2024, the City Council approved a 90-day zero-fare program for fixed-route and ADA paratransit services, set to conclude on September 29, 2024. This initiative was introduced as part of the City of Porterville’s transition to directly managing its public transportation services.

During the first two months of the program, ridership increased significantly.

Compared to the same period in 2023, fixed-route services saw a 46% rise in ridership in July 2024, and a 50% increase in August 2024, with a total of 57,597 riders across both months. ADA paratransit services also experienced a 31% growth in July 2024, and a 17% rise in August 2024, totaling 808 riders for both months. Additionally, staff is seeing similar positive trends for the first week of September 2024. These figures demonstrate the program’s success in promoting public transportation and improving access to essential services for the community.

As the initial zero-fare period nears its end, staff recommends extending the program for an additional 90 days, from September 30, 2024, to December 31, 2024. This extension will provide continued support for operational, logistical, and administrative adjustments as the city transitions to full oversight of transit services.

Staff is actively collaborating with the Tulare County Association of Governments (TCAG) to develop a regional fare collection system. This effort includes seeking grant funding to support the future system's implementation.

Extending the zero-fare program will allow time to complete this planning process and ensure a smooth transition to fare collection once the new system is ready.

The estimated cost of extending the zero-fare program is approximately $100,000, based on current fare revenue data. This shortfall will be covered by Local Transportation Funds (LTF), ensuring no negative impact on the overall transportation budget.

RECOMMENDATION: That the City Council:

1. Approve the extension of the Zero-Fare Program for an additional 90 days, effective September 30, 2024, and ending Item No. 14.

December 31, 2024;

2. Authorize staff to make necessary adjustments and
communicate the program extension details to the public; and

3. Direct staff to monitor the program's ongoing impact and provide an updated report to the City Council at the end of the extended period.

ATTACHMENTS: 1. June 18, 2024 Staff Report
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 15.

CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Request for Approval of a 90-Day Zero-Fare Program for Public Transportation Services Transition
SOURCE: Public Works
COMMENT: Starting July 1, 2024, the City of Porterville will assume responsibility for the administration of its public transportation services. The purpose of this staff report is to request the Council's approval for implementing a 90-day zero-fare program for fixed route and ADA paratransit services, effective from July 1, 2024, to September 29, 2024. The administration of Porterville's public transportation services is undergoing a significant change and this program is designed to assist staff during this transition period. This process involves multiple logistical, operational, and administrative changes that require focused attention and resources from staff. During this transition, it is crucial to ensure a smooth and efficient restart of services to minimize disruptions for our residents.

Implementing a 90-day zero-fare program offers several benefits during this critical transition period:

1. Operational Focus: Allowing a zero-fare period will enable staff to concentrate on operational and administrative tasks without the added complexity of fare collection and management.

2. Customer Relations: A zero-fare period can help mitigate potential service disruptions, fostering goodwill and understanding among passengers during the transition.

3. Ridership Analysis: This period will provide an opportunity to collect data on ridership patterns without fare barriers, offering valuable insights for future service planning and improvements.

4. Public Awareness: Launching a zero-fare program can serve as a public relations tool to inform residents about the changes in public transportation services and encourage usage.

5. Access to Vital Services: A zero-fare transit system improves residents' access to vital community services, including food, medical appointments, and employment opportunities, thereby enhancing the overall quality of life for our residents.

6. Cost Efficiency: Eliminating fare collection can reduce costs related to fare Item No. 15.
management, including investment in technological hardware, staffing resources, and longer dwell time.

The financial impact of the proposed 90-day zero-fare program is estimated to be $100,000, based on current fare revenue data. The loss in revenue will be supplemented by Local Transportation Funds (LTF), ensuring that the program does not negatively impact the overall budget for public transportation services.

Implementing a zero-fare program for 90 days during the transition of public transportation services administration is a strategic approach to support staff, ensure operational efficiency, and maintain positive customer relations.

Additionally, it will improve residents' access to vital community services, thereby enhancing their quality of life.

RECOMMENDATION: That the City Council:

1. Approve the 90-day zero-fare program for fixed route and ADA paratransit services, effective July 1, 2024, and ending September 29, 2024;

2. Authorize staff to make necessary adjustments and
communicate the program details to the public; and

3. Direct staff to monitor the program's impact and provide a report to the City Council upon completion of the 90-day period.

ATTACHMENTS: 1. Public Communication Plan_90-Day Zero-Fare Program

2. Ridership Data Collection Plan_90-Day Zero-Fare Program Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 15.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Approval of Community Civic Event - Word of Victory Church - Community Outreach - September 28, 2024
SOURCE: Finance
COMMENT: The Word of Victory Church is requesting approval to hold a Community Outreach event on Saturday, September 28, 2024, located in the church parking lot, sidewalk, and the street on the east side of the Word of Victory Church, located at 163 W. Orange, from 2:00 PM to 7:00 PM. The applicant has requested the closure of South E Street from West Orange Avenue, where the front of the church begins, moving south, down South E Street to where the church ends. The event will feature games and food.

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.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Word of Victory Church, to hold the
Community Outreach event on September 28, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

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

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
8/26/24

Requirements for Community Civic Event
Word of Victory Church
Word of Victory Church Community Outreach
September 28, 2024
City Engineer:

D. Cervantez No comments.

Community Development Director: No comments.

C.Calderon
Public Works Director: No comments.

M. Knight
Fire Marshal: Road barricades need to be filled, road
C. Dignam closure to through traffic and detour
signs should be installed to route traffic
around event. Southbound E St. at
Orange should be split into right and
left turn only lanes for duration of event.

Parks and Leisure Services Director: No comments.

D. Moore
Police Lieutenant: Please see Exhibit B.

M. Acevedo
Administrative Service Director: Risk Management requires $1M in Y. Andrade general commercial liability coverage,
naming the City of Porterville as an
additional insured. The certificate of
insurance must include the attached
endorsement page evidencing the
named insured. No bounce houses or
inflatable amusement slides/etc. are
permitted. In the event he has a bounce
house, the City would require $2M in
general commercial liability coverage,
naming the City as an additional
insured. Also, the City requires that the
event organizer sign a waiver of liability
acknowledging the dangers of bounce
houses and assuming any and all risk
associated therewith.

Exhibit A, Page1
Field Services Superintendent: No comments.

B. Spry
Field Services Superintendent – Streets: They will need to reach out to my J. Baeza department to schedule a time to
to pick up and return the 12 barricades.
.

Exhibit A, Page 2
Requirements for Community Civic Event
Sponsor: Word of Victory Church
Event: Word of Victory Church Community Outreach
Event Chairman: Jose A. Segura
Location: 163 W. Orange Ave, Porterville CA
Date of Event: September 28, 2024 (2:00 p.m.- 7:00 p.m.) RISK MANAGEMENT: Conditions of Approval
That the Word of Victory Church provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $1,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

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

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

Exhibit A, Page 3

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
World of Victory Church Community Outreach Event
September 28, 2024 / 2pm-7pm
163 W. Orange Avenue
Proposed Conditions/Requirements:
 All street, alley, and/or sidewalk closures require City Council approval.  If a sidewalk closure is approved, a safe, posted, alternate pedestrian route should be made available for all pedestrian traffic.
 At the conclusion of the event, event organizers shall ensure all streets, alleys, and sidewalks are promptly cleared of any equipment, barricades, or anything that could present a hazard to pedestrians or vehicles traveling through this area.  An Outside Amplifier Permit has been approved. 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.

Mark Azevedo, Lieutenant
Porterville Police Department

Exhibit B

Item No. 16.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Conflict of Interest Code Amendment
SOURCE: Administrative Services
COMMENT: The Political Reform Act requires every local government to review its Conflict of Interest Code on a biennial basis. A Conflict of Interest Code identifies which public officials, governmental employees, and consultants must file Fair Political Practices Commission (FPPC) economic disclosure forms and sets forth the level of such disclosures. Government Code Section 87300 requires that the agencies’ code reviewing body submit a biennial report identifying whether changes are warranted, and if so, what those changes entail.

The City Council, as the code reviewing body, accepted the City’s Biennial Report for 2024 at its regular meeting of September 3, 2024. Said report concluded that an amendment to the City’s Conflict of Interest Code was necessary. The recommended revisions pertain to changes in the list of designated employees only.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the amended City of Porterville Conflict of Interest Code for 2024.

ATTACHMENTS: 1. Draft Resolution

2. Draft Conflict of Interest Code 2024

3. California Government Code 87300
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE ADOPTING AMENDMENT NO. 13 TO THE
CITY’S CONFLICT OF INTEREST CODE
WHEREAS, Government Code Sections 87300 et seq. require that local agencies biennially review their Conflict of Interest Codes and submit to their code reviewing body a report identifying whether changes are warranted, and if so, what the proposed changes are; and
WHEREAS, at its regular meeting of September 3, 2024, the City Council of the City of Porterville’s code reviewing body accepted the City’s 2024 Biennial Report which concluded that an amendment to the City’s Conflict of Interest Code was necessary.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Conflict of Interest Code for the City of Porterville, attached hereto as Exhibit A is hereby adopted; and
BE IT FURTHER RESOLVED by the City Council of the City of Porterville that the City Manager, as Administrative Supervisor, is hereby authorized to execute said document.

PASSED, APPROVED AND ADOPTED this 17th day of September, 2024. _____________________________________
Martha A. Flores, Mayor
ATTEST:

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

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2024 CONFLICT OF INTEREST CODE OF THE
"CONFLICTS AND DISCLOSURE MONITOR AGENCY" OF THE

CITY OF PORTERVILLE
SECTION 1. Establishment. The City Council of the City of Porterville has heretofore established a Conflicts and Disclosure Monitor Agency (hereinafter "Agency") having jurisdiction as set forth herein over all officers, officials, and employees of the City. The City Manager shall be the Administrative Supervisor of such Agency with authority to act for and on behalf of such Agency. Such Agency shall not affect the duties, responsibilities, or chain of command of any Department, Board, or Commission except to administer and enforce the requirements, rules, and regulations set forth herein. The City Council shall be deemed the "Code Reviewing Body" of said Agency pursuant to the provisions of Section 87300 et seq. of the Government Code.

SECTION 2. Purpose. The Conflicts and Disclosure Monitor Agency of the City of Porterville hereby adopts this document as its "Conflict of Interest Code" in accordance with the requirements of the Political Reform Act of 1974.

SECTION 3. Designated Positions. The positions listed on Exhibit "A" attached hereto are designated positions. Officers and employees holding those positions are designated employees and are deemed, for the purposes of this Code, to make, or participate in the making of, decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable. An investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employees by virtue of his or her position.

SECTION 4. Disclosure Statements. Each such designated employee shall file disclosure statements disclosing reportable investments, business positions, interests in real property, and income, to the

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extent required by the Act, and on forms prescribed by the Fair Political Practices Commission and supplied by the City Clerk.

SECTION 5. Place and Time of Filing.

A. All designated employees required to file disclosure statements shall file same with the City Clerk, as Secretary to the Code Reviewing Body.

B. A designated employee required to submit a disclosure statement shall file their initial statement within thirty (30) days after the effective date of this Code disclosing reportable investments, business positions, and interests in real property held on the effective date of the Conflict of Interest Code and income received during the 12- months before the effective date of the Conflict of Interest Code.

C. Individuals hereafter appointed to designated positions shall file his or her initial statement within thirty (30) days after assuming office disclosing reportable investments, business positions, and interests in real property held on, and income received during the twelve (12) months before, the date of assuming office.

D. After the initial filing, each person holding a designated position, shall, on or before the first day of April of each calendar year, file an annual disclosure statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the previous calendar year, or since the date the designated employee took office if during the calendar year. Such annual statements shall cover the period of the preceding calendar year.

E. Every designated employee who leaves office shall file, within thirty (30) days of leaving office, a statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.

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F. Any designated employee who resigns their position within twelve (12) months following initial appointment or within thirty (30) days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within thirty (30) says of the date of a notice mailed by the filing officer, the individual shall do both of the following:

1. File a written resignation with the appointing power.

2. File a written statement with the filing officer on a form prescribed by the Commission and signed under the penalty of perjury stating that the individual during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

G. A designated employee required to file a statement of economic interest with any other public agency whose disclosure requirements are comparable hereto, may comply with the provisions of this Code by filing a duplicate copy of the statement filed with such other agency, in lieu of an entirely separate statement.

SECTION 6. Contents of Disclosure Statements. Disclosure statements shall be submitted on forms supplied by the City Clerk, and shall contain the following information:

A. Disclosure of Investment or Interest in Real Property.

1. When an investment or an interest in real property is required to be disclosed the statement shall contain:
a. A statement of the nature of the investment or interest;

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b. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
c. The address or other precise location of the real property; d. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), whether it exceeds one hundred thousand dollars ($100,000) but does not exceed one million dollars ($1,000,000), or whether it exceeds one million dollars ($1,000,000);
e. In the case of a statement filed under Government Code Sections 87203 or 87204, if the investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal.
f. For purposes of disclosure, interest in real property does not include the principal residence of the filer or any other property which the filer utilizes exclusively as a personal residence of the filer.

B. Disclosure of Income.

1. When income is required to be reported the statement shall contain, except as provided in Government Code Section 87207(b):
a. The name and address of each source of income aggregating five hundred ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
b. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), whether it wasin excess

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of ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000);
c. A description of the consideration, if any, for which the income was received;
d. In the case of a gift, the amount and the date on which the gift was received;
e. In the case of a loan, the annual interest rate and the security, if any, given for the loan, and the term of the loan.

2. When the filer's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain:
a. The name, address, and a general description of the business activity of the business entity;
b. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.

3. When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the paymentsfor the travel, in which case the travel may be reported asincome.

4. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, or as to which he or she is a paid consultant, a

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description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. If the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or has done business, or plans to do business in the jurisdiction at any time during the two years prior to the date of the statement, it is required to be filed.

5. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired to disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal;
SECTION 7. Prohibition on Receipt of Honoraria. No member of the City Council or candidate for the office of City Council shall accept any honorarium. No designated employee shall accept any honorarium from any source if the employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. Subdivisions (b) of Government Code Section 89502 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506.

SECTION 8. Prohibition on Receipt of Gifts in Accordance with Government Code Section 89503.

No member of the City Council, candidate for the office of City Council, or designated employee shall accept any gifts with a total value of more than the statutory annual limit in a calendar year from any single source, as adjusted biennially pursuant to Section 89503(f).

SECTION 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the employee or a member of his or her immediate family or on:

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A. Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; B. Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more;
C. Any source of income, other than gifts or loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E. Any donor of, or any intermediary or agent for a donor of, a gift or giftsin an aggregate amount of the limit or more as specified in Government Code Section 89503 (as adjusted biennially by State law) provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made.

F. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section.

G. For purposes of this Section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the

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employee, the employee’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.

1. Notwithstanding subdivision (c) of Government Code Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to a designated employee who owns a 10-percent or greater interest in the entity if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer is not distinguishable from the amount of income received from its other retail customers.

SECTION 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. This notice shall be forwarded to the Administrative Supervisor, who shall record the employee's disqualification. Upon receipt of such statement, the Administrative Supervisor shall immediately arrange for the matter to be reassigned to another employee.

SECTION 11. Interpretation. In the event of any ambiguity in these rules as to interpretation, construction, or applicability, the Administrative Supervisor shall, by written instrument, clarify such ambiguity. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114, or from the City Attorney, provided that nothing in this section requires the attorney for the City to issue any formal or informal opinion.

SECTION 12. Violation. Violation of any provision of this Code, including: (1) willful failure to file, or timely file, any requisite Disclosure Statement, (2) willful failure to disclose any financial or other

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interest required to be disclosed in such Disclosure Statement, or (3) filer's willful failure to disqualify himself or herself as required herein, shall be grounds for discipline or removal from office, pursuant to Government Code Section 91003.5. Upon ascertaining any such violation, the Administrative Supervisor shall report the same to the appointing official for appropriate proceedings. Such violation shall not, however, invalidate or otherwise affect any decision or action to which such violations might relate. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003.

SECTION 13. Effective Date. The City of Porterville Conflict of Interest Code, and any amendments to said Code, shall become effective immediately upon passage and approval by the City Council.

Adopted this day of September, 2024.

CONFLICTSANDDISCLOSUREMONITORAGENCY
Patrice Hildreth, Administrative Supervisor

Item No. 17.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Appointment In-Lieu of Election for District 5 - City Council Member Stan Green
SOURCE: Administrative Services
COMMENT:

At its meeting on June 18, 2024, the City Council adopted Resolution 38-2024 ordering a Municipal Election to be held on Tuesday, November 5, 2024, to fill the following three offices:

District Three
One (1) Member of the City Council
Term of Four Years
District Four
One (1) Member of the City Council
Term of Four Years
District Five
One (1) Member of the City Council
Term of Four Years
As of the close of the nomination period on August 9, 2024, only one candidate, Stan Green, filed qualified nomination papers and a Declaration of Candidacy for the one available four-year term office of District 5 City Council Member.

Two candidates qualified for the District 3 office, and two candidates qualified for the District 4 office, and as such those qualified candidates for Districts 3 and 4 will appear on the November 5, 2024, ballot.

Due to there being only one qualified candidate for a particular office, in this case, the office of City Council Member in District 5, the Elections Code allows the governing body to appoint in lieu of holding the election, and if no appointment is made, the election will be held. If appointed, Mr. Stan Green will qualify and take office and serve exactly as if elected at the municipal election for the office. A draft Resolution has been prepared for Council's consideration, and a public notice was published pursuant to Government Code Section 6061 concerning said appointment in lieu.

RECOMMENDATION: That the City Council appoint in-lieu of election Mr. Stan Green to the seat of the Office City Council Member representing District 5.

Item No. 17.

ATTACHMENTS: 1. Draft Resolution_Appt in Lieu

2. Certificate of Facts - District 5

3. List of Qualified Candidates_Nov 5 2024 Election
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE APPOINTING STAN GREEN IN LIEU OF ELECTION
TO A FOUR-YEAR TERM OFFICE OF CITY COUNCIL DISTRICT 5

WHEREAS, the City Council of the City of Porterville duly called a Municipal Election for Tuesday, November 5, 2024, to fill one four-year term District 3 city council office, one fouryear term District 4 city council office, and one four-year term District 5 city council office; and WHEREAS, pursuant to California Elections Code Section 10400 et seq., the City Council ordered the consolidation of the November 5, 2024, election with other elections being held in the jurisdiction, and requested that Tulare County Elections Office provide services for said election; and
WHEREAS, only one individual, Stan Green, filed a declaration of candidacy for the one available four-year term District 5 city council office, thereby permitting an appointment in lieu of an election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that Stan Green is appointed in lieu of election to a four-year term District 5 city council office of the City of Porterville.

PASSED, APPROVED, and ADOPTED this ___ day of September, 2024. _________________________________
Martha A. Flores, Mayor
ATTEST:

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

Page 1 of 1 ends

As of September 12, 2024 (3:04PM)

LIST OF CITY COUNCIL CANDIDATES

GENERAL MUNICIPAL/PRIMARY ELECTION
NOVEMBER 5, 2024
DISTRICT 3 (FOUR YEAR TERM)
1 AJ Rivas
Date Issued: 07/15/2024
Date Filed: 07/24/2024
Date Qualified: 07/24/2024

2. Timothy Vanni
Date Issued: 08/12/2024
Date Filed: 08/14/2024
Date Qualified: 08/14/2024
DISTRICT 4 (FOUR YEAR TERM)
1 Ed McKervey
Date Issued: 07/15/2024
Date Filed: 07/19/2024
Date Qualified: 07/22/2024
2 Donald “Don” Weyhrauch
Date Issued: 07/25/2024
Date Filed: 08/05/2024
Date Qualified: 08/06/2024
DISTRICT 5 (FOUR YEAR TERM)
1 Stan Green
Date Issued: 08/12/2024
Date Filed: 08/12/2024
Date Qualified: 08/12/2024
Item No. 15.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on April 16, 2024, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.

Chronology:

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

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

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

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

Item No. 15.

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

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

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

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

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with Item No. 15.
the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.

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

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

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

Item No. 15.

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

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

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

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

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

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

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, Item No. 15.

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

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

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

2. Resolution No. 11-2023

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

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

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

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

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

10. City and County Memorandum of Understanding for
Shelter Support

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

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

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

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

16. Royal Restrooms Invoice: Mobile Shower-Restroom Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and Disaster

22. California Government Code 8558

23. Armory Daily Census
Appropriated/Funded:

Review By:

Department Director:

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

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Secretary of State

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

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

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of California

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

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
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Item No. 19.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Public hearing on the Public Health & Safety Element Update and Adoption of the Environmental Justice Element for the Porterville 2030 General Plan SOURCE: Community Development
BACKGROUND: State law requires that each municipality prepare a general plan, defined as a “comprehensive, long-term general plan for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning.” In 2008, the City of Porterville adopted the Porterville 2030 General Plan, an update to its previously adopted General Plan. The update brought the General Plan into legislative compliance at that time and added optional elements for Economic Development, Parks, Schools, Community Facilities, and Public Utilities. The 2030 General Plan contains the following components: Land Use; Economic Development; Circulation; Parks, Schools & Community Facilities; Open Space & Conservation; Public Health & Safety; Public Utilities; Noise; and Housing.

These elements in the General Plan contain policies and programs designed to provide decision-makers and staff with a solid foundation for land use and development decisions. The City of Porterville’s Housing Element is published separately and updated on a different timeline in coordination with the Tulare County Association of Governments and other local jurisdictions.

COMMENT: The City is completing a focused update to bring the Porterville 2030 General Plan into compliance with more recent State legislation, including new requirements for the Public Health & Safety Element and establishing an Environmental Justice Element. The update does not include changes to planned land uses or the overarching General Plan vision and goals.

The purpose of the current Public Health & Safety Element is to identify the natural and man-made public health and safety concerns that exist within the City and to establish preventative and responsive policies and programs to mitigate their potential impacts. The updated Public Health & Safety Element addresses additional legislative requirements related to fire risk, flooding, climate adaptation and resiliency. Many of these requirements are addressed in the 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan, referenced in the updated element.

Environmental justice is the idea that specific communities face a disproportionate burden of environmental health hazards. Adopted in 2016, SB Item No. 19.
1000, also called the Planning for Healthy Communities Act, requires communities that meet certain thresholds to address health considerations in their General Plan, either through the inclusion of an environmental justice element or in policies throughout the Plan. CalEnviroScreen is an environmental justice mapping tool that identifies areas that are most affected by multiple forms of pollution, as well as socioeconomic factors. The screening methodology is used to help identify California communities that are disproportionately burdened by pollution and environmental concerns. Based on the CalEnviroScreen 4.0, Porterville is considered a disadvantaged community and therefore, the City of Porterville is required to include environmental justice policies in the General Plan to comply with SB 1000. Adopting an Environmental Justice Element in the Porterville 2030 General Plan addresses any unique health risks in Porterville by addressing the following topics: Pollution Exposure and Air Quality, Public Facilities Access, Food Access, Safe and Sanitary Homes, Physical Activity, and Community Engagement.

ANALYSIS: The City of Porterville processed a Request for Proposal (RFP) for qualified consultants which opened on April 18, 2023, and closed on May 22, 2023.

Provost and Prichard Consulting Group was selected as the “project team” through the RFP process.

A kickoff meeting was held on September 13, 2023, by Provost & Prichard Consulting Group and city staff, who identified the project objectives.

The first major deliverables for the project were policy reviews discussing existing conditions and legislative requirements related to public health and safety and environmental justice. The Health & Safety Element Policy Review discussed legislative requirements related to climate adaptation, fire risk, flooding, and military readiness. The document also reviewed existing city and regional plans and policies that relate to public health and safety to determine what additional information was required in the updated Public Health & Safety Element. Similarly, the Environmental Justice Policy Review considered existing city and regional plans and policies related to disadvantaged communities, including disadvantaged unincorporated communities. It recommended policy topics for the new Environmental Justice Element. A public workshop was held on February 6, 2024, to discuss the findings of the policy reviews and confirm the approach to the policy drafting phase.

Following the February public workshop, the project team drafted an updated Public Health & Safety Element and an Environmental Justice Element based on the findings of the relevant policy reviews. The City Council held a second public workshop on July 16, 2024, which outlined the proposed Environmental Justice Element and proposed updates to the Public Health & Safety Element.

The Tribal Consultation Notification letters required by SB18 were sent out on May 10, 2024, and the 90-day consultation period ended on August 7, 2024. No requests for consultation were received.

Item No. 19.

The 45-day public review period of the updated Public Health & Safety Element and the new Environmental Justice Element began on July 12, 2024, and closed on August 26, 2024. The City received no comments during that time. The project team created a project website to share progress updates and important documents with the community. The policy reviews and public review draft elements were posted on the City's Website:
https://www.ci.porterville.ca.us/departments/community_development/general_ lan_update.php

ENVIRONMENTAL
REVIEW:

Under the California Environmental Quality Act (CEQA) Guidelines Section 15183(a), projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. The project does not propose amendments to the land use map or to the density or intensity standards of the Porterville 2030 General Plan, for which the Porterville 2030 General Plan Final Environmental Impact Report (SCH No. 2006011033) was certified in March 2008. Furthermore, because the project does not propose any ground-disturbing activities, there would be no potential for site-specific impacts to occur as a result of the project. The project is exempt from further environmental analysis pursuant to CEQA Guidelines Section 15183(a). The City will file a Notice of Determination (NOD) following approval of the project.

RECOMMENDATION: That the City Council:

1. Hold a public hearing to receive comments on the Public Health & Safety Element Update and adoption of the Environmental Justice Element for the Porterville 2030 General Plan; and

2. Adopt the Draft Resolution, amending the General Plan to reflect the Public Health and Safety Element Update and adopt the new Environmental Justice Element as part of the Porterville 2030 General Plan.

ATTACHMENTS: 1. Draft Resolution

2. Draft Update Public Health & Safety Element

3. Draft Environmental Justice Element
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
Item No. 19.

Page 1 of 2 ends

RESOLUTION NO.____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

UPDATING THE PUBLIC HEALTH & SAFETY ELEMENT AND ADOPTING THE

ENVIRONMENTAL JUSTICE ELEMENT OF THE GENERAL PLAN
WHEREAS the City of Porterville initiated a focused update to the Porterville 2030 General Plan to address recent legislative requirements affecting general plans, including Senate Bill (SB) 379 and SB 1000, among others; and WHEREAS the focused updates to the 2030 Porterville General Plan required updates to the Public Health & Safety Element and the preparation of a new Environmental Justice Element; and
WHEREAS the Public Health & Safety Element is a component of the City’s General Plan, and contains the City’s goals, policies, and strategic plan for addressing natural and man-made health and safety concerns; and WHEREAS the Environmental Justice Element is a component of the City’s General Plan, and contains the City’s goals, policies and strategic plan for addressing disproportionate effects of environmental health burdens; and WHEREAS the City issued Tribal Consultation Notification letters as required by SB 18 on May 10, 2024 to initiate the 90-day consultation period, which ended on August 7, 2024; and
WHEREAS no request for tribal consultations were received; and WHEREAS the City prepared a draft Public Health & Safety Element and a draft Environmental Justice Element reflecting current legislative requirements; and WHEREAS the draft Public Health & Safety Element and draft Environmental Justice Element were made available to the public on July 12, 2024 for a 45-day public review period ending on August 26, 2024; and
WHEREAS a public workshop was held on July 16, 2024 to receive comments from the public regarding the draft elements; and
WHEREAS no public comments were received during the public comment period; and
WHEREAS at the meeting of September 17, 2024, the City Council of the City of Porterville held a public hearing, which was duly noticed in the Porterville Recorder on September 6, 2024, and public comment was heard and considered in regards to the adoption of the draft Public Health & Safety Element and draft Environmental Justice Element; and
Resolution No. __-2024

Page 2 of 2 ends

WHEREAS the City Council made the following findings relative to the Public Health & Safety Element and Environmental Justice Element:

1. That the draft elements comply with all relevant statutory requirements relative to health and safety and environmental justice planning at the time of adoption.

2. That the draft elements are consistent with other general plan elements and community goals.

3. That the public and other agencies were invited to participate in the process of updating the Public Health & Safety Element and drafting the Environmental Justice Element. Public workshops were held on February 6, 2024 and July 16, 2024 and a public hearing was held on September 17, 2024 during the City Council meeting. Further, relevant documents were made available on the project website. Project updates were also provided through social media postings, project flyers, and an email newsletter.

WHEREAS the project does not propose amendments to the land use map or to the density or intensity standards of the Porterville 2030 General for which the Porterville 2030 General Plan Final Environmental Impact Report (SCH No. 2006011033) was certified in March 2008. Furthermore, the project does not propose any ground disturbing activities; and
WHEREAS the project does not require additional environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15183(a) stating that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby approve the update to the Public Health & Safety element, which is incorporated hereto as Exhibit A, and adopt the Environmental Justice element, which is incorporated hereto as Exhibit B, and authorize the filing of a Notice of Determination (NOD) for the project.

PASSED, APPROVED AND ADOPTED this 17th day of September, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
BY __________________________________
Fernando Gabriel-Moraga,
Acting Deputy City Clerk
7 Public Health & Safety
The purpose of the Public Health & Safety Element is to identify the natural and man-made public health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards, wildfire hazards, hazardous materials, flood hazards, and safety services. It also includes policies on natural hazards mitigation planning, which respond to the Federal Disaster Mitigation Act of 2000 and the Federal Emergency Management Agency’s implementing regulations. Airport safety is addressed in the Land Use, Circulation, and Noise Elements.

Public health and safety was re-evaluated by the City in 2024 through the Health and Safety Element Policy Review process. This review analyzed new safety hazards in Porterville, as well as new planning documents including the 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan, to determine if additional policies were needed to adequately address safety concerns in the City. The policy review has been included in the General Plan as Attachment 1.

The 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) is also included in the General Plan as Attachment 2. The analysis completed in the policy review and LHMP, as well as the policies identified and included through those processes, meet the requirements of Senate Bill (SB) 379, SB 1241, and SB 5. At this time, updated information related to dates and project status was also added as footnotes to the original element text.

7.1 SEISMIC & GEOLOGIC HAZARDS
Geologic and soils hazards include steep slopes and landslides, subsidence, expansive soils, and soils with naturally-occurring asbestos. Geologic and soil hazards were studied as part of the original analysis completed for the 2030 General Plan in 2008. These hazards are shown on figures 7-1 and 7-2. Additional information on soils and erosion within the Planning Area is in Open Space & Conservation Element. Seismic hazards related to earthquakes include ground Porterville General Plan
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shaking and ground failures, such as liquefaction, lateral spreading, ground lurching, seiches, mudslides, landslides, and soil slumping.

GEOLOGY & SOILS
The valley floor is mostly composed of consolidated alluvial deposits which can be soft near the river and other waterways and firm in the downtown, north and northeast areas as a transition to the granitic bedrock deposits in the foothills. The Porterville Planning Area contains a wide variety of soil types which have a significant bearing on land planning and development.

Porterville Clay is the most prominent soil type located within the Planning Area, comprising approximately 18 percent of the Planning Area. The City Code Building Regulations (Chapter 7, Article XIII) require a preliminary soil report for every new subdivision.

Steep Slopes and Landslides
The majority of the urban area is at elevations between 400 and 800 feet. However, the eastern portion of the Planning Area is in the Sierra Nevada foothills where elevations reach almost 1,800 feet above sea level. Slopes can be greater than 30 percent grade. Development which occurs on slopes greater than 25 percent exacerbates soil erosion, risk of landslides and wildland fires, as well as impacting the visual aesthetics of the area. Figure 7-1 shows the steep slopes in the Planning Area.

Areas with fractured and steep slopes, where less consolidated or weathered soils overlie bedrock, have a higher risk of landslides. The California Geological Survey determined that no areas in Tulare County are at risk for catastrophic failure due to landslides.

The City is adopting a Hillside Development Ordinance which includes development, design and landscape standards for the Hillside Development Zone.1 The Ordinance will limit the number of housing units allowed per acre in sloped areas in order to protect the public health, safety and welfare; protect and preserve natural and biological resources for the long-term benefit of Porterville and the broader community.

Contents Expansive Soils
Expansive soils have the potential to shrink or swell significantly with changes in moisture content, which can limit the development capacity of an area. The type and amount of the silt and clay content in the soil will determine the amount of shrink or swell associated with the various levels of water content. Soils comprised of sand and gravel are not expansive soils.

Expansive soils are most likely to be found in basins and basin rims. Any structure located on expansive soils can be significantly damaged should the soil suddenly shrink or swell. Structural damage may result over a long period of time, usually from inadequate soils and foundation engineering or the placement of structures directly on expansive soils. Construction in areas of expansive soils may require major sub-excavation and replacement of existing materials with more stable soils.
1 Development standards for the Hillside Overlay District were added to the Zoning Ordinance through Ordinance 1801, approved on December 3, 2013, which became effective on January 3, 2014.

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As shown in Figure 7-1 the eastern portion of the Planning Area contains clay soils with high expansion potential. Table 7-1 summarizes the distribution of soil expansion potential for the Planning Area as a whole.

Table 7-1: Expansive Soils
Soil Expansion Potential Total Acres Percent of Total
High 13,722 38%
Moderate 349 1%
Low 17,563 48%
Data Unavailable1 4,707 13%
Total 36,283 100.0%
1 Includes water, riverwash, rock outcrops, pits and dumps Source: Environmental Science Associates, 2005.

Subsidence
Subsidence occurs when a large portion of land is displaced vertically, usually due to the withdrawal of groundwater, oil, or natural gas. Soils that are particularly subject to subsidence include those with high silt or clay content. Some areas in the Central Valley have subsided more than 20 feet during the past 50 years.1 Subsidence may occur in the Planning Area, particularly in areas with high clay content soils or due to groundwater withdrawal.

Naturally-Occurring Asbestos
Asbestos is a term used for several types of naturally-occurring fibrous minerals found in serpentine rock, and its parent material, ultramafic rock. These rock types are abundant in the Sierra foothills. Naturally-occurring asbestos (NOA) has been identified in Tulare County and ultramafic rocks have been generally mapped in the Porterville area.2,3 Figure 7-2 illustrates areas more likely to contain natural occurrences of asbestos.

Asbestos may be released from ultramafic and serpentine rock when it is broken or crushed. This can happen when land is graded for building or agriculture purposes, at quarrying operations, or when the soil is disturbed by other activities such as the digging of fire suppression trenches. It is also released naturally through weathering and erosion. Once released from the rock, asbestos can become airborne and may stay in the air for long periods of time. Airborne asbestos is classified as a human carcinogen. Exposure to asbestos can result in health ailments, such as lung cancer, mesothelioma (cancer of the linings of the lungs and abdomen), and asbestosis (scarring of lung tissues that results in constricted breathing). 4 This hazard is also addressed in the Open Space & Conservation Element. 1 Tulare County, General Plan Background Report, October 2004. pg. 8-11. 2 Geologic maps are generalized depictions of the presence and distribution of rock types. Without extensive surveys, detailed maps of NOA are not feasible.
3 California Air Resources Board. http://www.arb.ca.gov/toxics/asbestos/geninfo.htm 4 SJVAPCD, Draft Staff Report Asbestos for Surfacing Applications, March, 2002.

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Figure 7-1: Geologic Hazards
Hobbs Miner Ditch
Porter Slough

MAIN ST

NORTH GRAND AVE

REID AVE

WESTFIELD AVE
AVENUE 160 HENDERSON AVE

WESTWOOD ST

NEWCOMB ST

PROSPECT ST

MORTON AVE

OLIVE AVE

ROBY AVE

DATE AVE

SPRINGVILLE DR

LIME ST

PLANO ST

ORANGE AVE

SUCCESS DR

DATE AVE

ROBY AVE

SPRINGVILLE AVE
D ST

MAIN ST

JAYE ST

VILLA ST

GIBBONS AVE

SCRANTON AVE SCRANTON AVE
WORTH AVE AVENUE 140
ROAD 252

LEGGETT ST

HILLCREST ST
AVENUE 128 TEAPOT DOME AVE TEAPOT DOME AVE

NEWCOMB ST

INDIANA ST

JAYE ST

LEGGETT ST

HILLCREST ST

OLIVE AVE
AVENUE 146
AVENUE 124
AVENUE 120

UNION PACIFIC RR

0.17 - Low

0.20 - 0.28 - Moderate

0.32 - 0.43 - High
High Soil Expansion Potential
Slope greater than 25%
Planning Area
Figure 7-1
Geological and Soil Hazards
Source: California Division of Mines
and Geology.

Erosion Susceptibility
Index (K Factor)
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Figure 7-2: Ultramafic Rock in Region
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SEISMIC HAZARDS
There are no known active earthquake faults in the Planning Area. The closest active faults are Owens Valley fault group and Sierra Nevada Fault Zone (50 miles to the east of the Planning Area, the San Andreas Fault Zone (70 miles to the west), and an unnamed fault group north of Bakersfield (40 miles to the south).1 Major earthquakes such as the 1906 San Francisco, 1952 Kern County, and 1983 Coalinga quakes were felt and caused some minor to moderate property damage in Porterville. Other potentially active faults exist near Tulare Buttes, about 30 miles north of Porterville. These faults are small and have exhibited activity in the last 1.6 million years, but not in the last 200 years. It is possible, but unlikely, that previously unknown faults could become active in the area. The State Geologist has not delineated any Alquist-Priolo Earthquake Fault Zones within or near the Planning Area.

Ground Shaking
The most significant hazard associated with earthquakes for the Porterville area is ground shaking rather than surface rupture or ground failure. However, the hazards due to ground shaking are considered to be minimal. Ground shaking intensities are measured using the modified Mercalli Intensity Scale. This is a 12-point scale of earthquake intensity based on local effects experienced by people, structures, and earth materials. Effects range from those that are detectable only by seismicity recording instruments at M1 (I) to total destruction at M12 (XII).

The Modified Mercalli Rating for the Porterville area, as determined by the California Division of Mines and Geology, is estimated to be between Intensity M7 (VII) and M8 (VIII). Intensity M7 will cause considerable damage in poorly designed or constructed buildings (including some broken chimneys), slight to moderate damage in well-built ordinary structures, and negligible damage in buildings of good design and construction. Intensity M8 will cause great damage in poorly designed or constructed buildings (including fall of chimneys, factory stacks, columns, walls, etc.), considerable damage in ordinarily substantial structures (including some partial collapse), but slight damage in specially designed structures.

Ground Failure
Earthquake-induced ground failures, such as ruptures, lateral spreading, ground lurching, seiches, or mudslides, are unlikely to occur in the Planning Area because of its relatively stable geologic formation and lack of active faults. However, there is moderate risks of landslides due to the hillside topography, and soil slumping and liquefaction near the Tule River. There is also the risk of earthquake-induced dam failure at Success Dam. Potential inundation effects are discussed below in the Flood Hazards section.

Seismic Safety
Existing structures in the Planning Area could be affected by the types of earthquake-induced effects listed above, but to varying degrees based on length, intensity, and distance of the earthquake from a given building. New structures are required to adhere to current California Uniform Building Code (CUBC) standards for Seismic Zone 3, providing adequate design, construction and maintenance of structures to prevent exposure of people and structures to major geologic hazards. In particular, any critical facilities such as hospitals, fire and police stations, and emergency communications and operations centers must be adequately designed, 1 USGS Fault Maps, http://quake.wr.usgs.gov/info/faultmaps Chapter 7: Public Health & Safety Element
Public Review Draft, July 2024 7
constructed and maintained with the goal of remaining functional after a large seismic event. The use of flexible utility connections, building anchors, and adequately reinforced concrete can reduce the loss of life and damage to buildings for human occupancy.

GUIDING POLICY
PHS-G-1 Minimize risks of property damage and personal injury posed by geologic and seismic hazards.

IMPLEMENTING POLICIES
PHS-I-1 Amend the Zoning Ordinance to include provisions for a geologic hazards abatement district for hillside areas to ensure that geologic hazards are properly mitigated by developers or avoided prior to, or during, development.

Geologic Hazard Abatement Districts are potentially useful financing mechanisms for reducing hillslope hazards. They enable the formation of local assessment districts for the purpose of prevention, mitigation, abatement, or control of geologic hazards, allowing property owners to cooperate in solving a common problem and share costs in an equitable way. These districts are established on individual sites on a case-by-case basis through Zoning Map amendments.

PHS-I-2 Maintain and enforce appropriate building standards and codes to avoid and/or reduce risks associated with geologic constraints and to ensure that all new construction is designed to meet current safety regulations.

PHS-I-3 Provide information and incentives for property owners to rehabilitate existing buildings using construction techniques to protect against seismic hazards.

PHS-I-4 Support continued investigation by State agencies of geologic conditions within the City’s Planning Area to promote public awareness of potential geologic and seismic hazards.

PHS-I-5 Require, as part of the preliminary soil report, a construction dust management plan when it has been determined that soils contain naturally-occurring asbestos.

PHS-I-6 If asbestos is present require construction work be done when soil moisture is sufficient to adequately compact the tread and prevent visible dust, which may contain airborne asbestos emissions.

If work is to be done under dry season conditions, then water will be added in sufficient quantities to maintain adequate soil moisture. Upon mechanical disturbance by the treads of track driven equipment, the soil will be re-compacted in six-inch or less lifts.

7.2 FLOOD HAZARDS
Porterville is in the Tulare County Flood Control District. Since the climate is relatively arid and development continues to increase the amount of impervious surfaces, surface run-off and storm drainage must be managed. The average annual precipitation in the Porterville area is Porterville General Plan
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approximately 10 inches. However, portions of the Tule River watershed which contribute to flooding in Porterville have a mean annual precipitation of 40 inches. Eighty–five percent of the annual precipitation occurs between November and April.

In the Planning Area, there are two natural channels for storm water discharge, the Tule River and Porter Slough. Flows in the natural waterways are largely controlled by the Success Dam, but still pose some flooding hazards, particularly in the lower-lying western portions of the City.

Flash flooding has occurred in low-lying drainage areas at the base of the foothills. The main channel of the Tule River can pass flows of about 10,000 cubic feet per second (cfs) before extensive damage occurs. Damage to urban property would occur at flows of approximately 16,000 cfs. Porter Slough has a designated capacity of 450 cfs and is an officially designated floodway of Tule River.

There are also seven irrigation ditch companies and storage reservoirs which divert and manage surface water within the Planning Area. In addition to delivering water for irrigation, the ditches provide extra capacity to carry peak flood flows and urban storm water runoff. Minor flooding or ponding may occur on the valley floor if irrigation canals or reservoirs overflow. See the Public Facilities Element for more information about storm drainage facilities.

FLOOD ZONES
In Porterville, the storm flood hazard is considered to be low because the City does not permit development in the flood plain without adequate mitigation measures. Flood zone mapping by the Federal Emergency Management Authority (FEMA) indicates that approximately six percent of the total Planning Area is located within the 100-year floodplain and another five percent is located within the 500-year floodplain. These two floodplains closely correspond to the watercourses that flow through the city. These flood zones were studied as part of the original analysis completed for the 2030 General Plan in 2008 and are illustrated in Figure 7-3 and summarized in Table 7-2.

SB 5 subsequently required jurisdictions in the Sacramento-San Joaquin Valley to address 200- year flooding in their general plans. The Central Valley Flood Protection Board is responsible for mapping 200-year flood zones. Mapping was completed by the Central Valley Flood Protection Board in 2012 and demonstrated that there are no 200-year flood zones present in the City of Porterville Planning Area. This mapping is available in Attachment 1.

Table 7-2 Floodplains in Planning Area
Type Acres
Percent of Planning
Area
100 Year Floodplain 2,136 6%
500 Year Floodplain 1,958 5%
Success Dam Inundation Area 13,390 40%
Source: FEMA, 2005; U.S. Army Corps of Engineers, 2004.

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Dam Safety & Inundation Hazard
A breach or overflow event at Success Lake Dam could cause significant flooding in Porterville.

This dam is overseen and maintained by the United States Army Corps of Engineers (USACE) and administered by the Sacramento District of the USACE’s regional office located in Porterville.

Through their work, Porterville is provided with flood safety, water resources, electricity, recreation, and camping. It includes a recreation area, located eight miles east of the City of Porterville in the western portion of the Sierra Nevada foothills. Construction of the earth-filled dam was completed in 1961. It spans 3,490 feet across the Tule River and is 142 feet high. When full, the lake holds 82,000 acre-feet of water with a surface area of 2,450 acres.

Success Dam was originally designed to withstand an earthquake with a magnitude of 8.3.

However, it was built before the process of seismic liquefaction of earth-fill dams was completely understood. The USACE is planning to re-construct and widen the existing earthen embankment dam to bring it up to federal safety standards. Construction should begin in 2009.1 Once the seismic retrofit is complete, USACE intends to raise the spillway by 10 feet and lengthen it by 165 feet. This addition will increase Lake Success’ capacity by 28,000 acre feet.

According to a 2004 report prepared for USACE, approximately 40 percent of the Planning Area is located within the Success Dam inundation area.21 This inundation area runs through Porterville, to a location downstream of Corcoran, a distance of approximately 44 miles. Although subsequent infrastructure and drainage improvements have reduced the threat of flooding in many areas prone to inundation, the City requires a flood certificate and appropriately raised floor plates for any development proposed in an identified hazardous flood zone. 1 The Tule River Spillway Enlargement Project began construction in August 2020 and is expected to be completed in 2024, according to the US Army Corps of Engineers.
21RAC Engineers & Economists. Lake Success Flood Inundation for an Earthquake-Induced Dam Failure with the Reservoir Poll at EL 630 ft msl. October 2004.

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Figure 7-3: Flood Hazards
Hobbs Miner Ditch
Porter Slough

MAIN ST

NORTH GRAND AVE

REID AVE

WESTFIELD AVE
AVENUE 160 HENDERSON AVE

WESTWOOD ST

NEWCOMB ST

PROSPECT ST

MORTON AVE

OLIVE AVE

ROBY AVE

DATE AVE

SPRINGVILLE DR

LIME ST

PLANO ST

ORANGE AVE

SUCCESS DR

DATE AVE

ROBY AVE

SPRINGVILLE AVE
D ST

MAIN ST

JAYE ST

VILLA ST

GIBBONS AVE

SCRANTON AVE SCRANTON AVE
WORTH AVE AVENUE 140
ROAD 252

LEGGETT ST

HILLCREST ST
AVENUE 128 TEAPOT DOME AVE TEAPOT DOME AVE

NEWCOMB ST

INDIANA ST

JAYE ST

LEGGETT ST

HILLCREST ST

OLIVE AVE
AVENUE 146
AVENUE 124
AVENUE 120

UNION PACIFIC RR

UNION PACIFIC RR
Lake
Success
Tule
River
Friant Kern Canal
Friant Kern Canal
Porterville
Municipal Airport
Tule River
190 190
65 65
Poplar Ditch
November 2007
10 acres
40 acres
0 1125 2250 4500
FEET
9000
+
+ +
100-year Flood Zone
500-year Flood Zone
Dam Failure Inundation Area
Planning Area
Figure 7-3
Flood Hazards
Source: FEMA, 1995.

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GUIDING POLICY
PHS-G-2 Protect the community from risks to life and property posed by flooding and stormwater runoff.

IMPLEMENTATION POLICIES
PHS-I-7 Coordinate with the U.S. Army Corps of Engineers, the County and local irrigation districts on potential flooding risks, including risks associated with dam failure.

This will include coordination on training to respond to catastrophic dam failure, and maintaining adequate storm drainage capacity in the Tule River and Porter Slough.

PHS-I-8 Implement appropriate flood control measures to assure the safety of residents, while emphasizing maintenance of natural wildlife habitats and vegetation.

PHS-I-9 Require new development to provide for the perpetual funding and ongoing maintenance of detention reservoirs.

Maintenance may be by the City under contract, by a private entity, or by another public agency.

PHS-I-10 Continue to require any new development in the floodway to obtain a permit from the California Reclamation Board and enforce the Flood Damage Prevention Ordinance.

PHS-I-11 Coordinate with appropriate agencies to ensure that new bridges are constructed according to acceptable standards and maintained to avoid flood damage.

PHS-I-12 Continue to participate in the National Flood Insurance Program and encourage all property owners within flood hazard areas to carry flood insurance.

7.3 FIRE HAZARDS

WILDLAND FIRES
Fire hazard potential is largely dependent on the extent and type of vegetation, known as surface fuels, that exists within a region. Fire hazards are typically highest in heavily wooded, undeveloped areas as trees are a greater source of fuel than low-lying brush or grassland.

Suburban, urban areas, or rocky barren areas have minimal surface fuels and therefore typically have the lowest fire hazard. Figure 7-4 and Table 7-3 depicts the risk of fire within the Planning Area as of 2008 when the original fire analysis for the 2030 General Plan was completed.

Due to the wooded nature of the Sierra Nevada foothills and hot summers, land located in the northeast portion of the Planning Area near Lake Success is considered to have a high to very high risk of fire. The fire season has over 100 days of temperatures in excess of 90 degrees Fahrenheit, usually between May and October. Forty-three percent of the Planning Area is considered to have a moderate fire hazard (see Table 7-3). Pockets of land with high fire hazards Porterville General Plan
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are found throughout the Planning Area, although the fire hazard currently present in these areas should decrease as vacant parcels become developed. The wooded areas along the Tule River have the potential of allowing a wildland fire to traverse the Planning Area.

Table 7-3: Existing Wildland Fire Hazards
Fire Hazards Acres Percent of Planning Area
Little or No Threat 8,490 23%
Moderate 15,777 43%
High 7,183 20%
Very High 2,373 7%
Unclassified 2,518 7%
Total 36,341 100%
Level of fire hazard severity based on surface fuels analysis, California Department of Forestry and Fire Protection.

Source: California Department of Forestry and Fire Protection, Dyett & Bhatia, 2005.

SB 1241 subsequently required jurisdictions to specifically address fire risk in very high fire hazard severity zones and state responsibility areas. Mapping completed for compliance with SB 1241 shows that, as of March 2024, the areas of very high fire hazard severity are limited within the Porterville Planning Area. There are only four small areas considered at very high risk for wildfire (see Figure 7-5 2024 Wildland Fire Hazards). These areas are primarily planned for agricultural conservation and will not be developed with urban uses. A very small portion of one very high fire hazard severity zone is planned for very low-density residential development. A review of the very high fire hazard severity zones showed that these areas are part of agricultural development and have rural farmland residences and farm outbuildings. A list of wildfires in Tulare County dating back to 1987 is included in the 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan.

URBAN FIRES
Even though Porterville is not considered to be a fire-prone city, structural fires pose a greater risk to life and property than wildland fires. The City of Porterville requires all new development and subdivisions to meet or exceed the Uniform Fire Code provisions (Porterville City Code:

Chapter 12) which address topography, geology, climate, and development conditions. The Public Works Department and Fire Department review all development applications during the review process.

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GUIDING POLICY
PHS-G-3 Protect Porterville’s residents and businesses from potential fire hazards.

IMPLEMENTATION POLICIES
PHS-I-13 Maintain automatic and/or mutual aid agreements with surrounding jurisdictions for fire protection.

PHS-I-14 Enforce weed abatement programs and building and fire code requirements to assure adequate fire protection.

PHS-I-15 Develop and expand existing public fire safety and emergency life support education programs in order to promote public awareness of fire hazards and emergency procedures.

PHS-I-16 Establish fire hazard standards and review procedures at least equivalent to State requirements to protect new development on or adjacent to the hillsides.

The Subdivision Ordinance and the Zoning Ordinance standards will require new development on the urban fringe to incorporate fuel breaks, fuel reduction and buffer zones to minimize potential fire losses.

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Figure 7-4: 2008 Wildland Fire Hazards
Hobbs Miner Ditch
Porter Slough

MAIN ST

NORTH GRAND AVE

REID AVE

WESTFIELD AVE
AVENUE 160 HENDERSON AVE

WESTWOOD ST

NEWCOMB ST

PROSPECT ST

MORTON AVE

OLIVE AVE

ROBY AVE

DATE AVE

SPRINGVILLE DR

LIME ST

PLANO ST

ORANGE AVE

SUCCESS DR

DATE AVE

ROBY AVE

SPRINGVILLE AVE
D ST

MAIN ST

JAYE ST

VILLA ST

GIBBONS AVE

SCRANTON AVE SCRANTON AVE
WORTH AVE AVENUE 140
ROAD 252

LEGGETT ST

HILLCREST ST
AVENUE 128 TEAPOT DOME AVE TEAPOT DOME AVE

NEWCOMB ST

INDIANA ST

JAYE ST

LEGGETT ST

HILLCREST ST

OLIVE AVE
AVENUE 146
AVENUE 124
AVENUE 120

UNION PACIFIC RR

UNION PACIFIC RR
Lake
Success
Tule
River
Friant Kern Canal
Friant Kern Canal
Porterville
Municipal Airport
Tule River
190 190
65 65
Poplar Ditch
November 2007
10 acres
40 acres
0 1125 2250 4500
FEET
9000
Moderate
High
Very High
Planning Area
Figure 7-4
Wildland Fire Hazards
Source: California Department of Forestry
and Fire Protection, 2004
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Figure 7-5: 2024 Wildland Fire Hazards
?¤
?¤
?¤
?¤
Ave 124
Plano St
Ave 144
Ave 160
Ave 184
Plano St
Rd 224
Ave 128
Rd 224
Main St
Esri, NASA, NGA, USGS, FEMA
0 0.5 1
Miles
Planning Area Boundary
Porterville City Limits
Fire Hazard Severity Zone
Moderate
High
Very High
Non-Wildland/Non-Urban
Urban Unzoned
o Public Health & Safety and Environmental Justice Elements for 2030 General Plan City of Porterville
5/16/2023 I:\Marketing\Proposals\2023\City of Porterville - Health and Safety and Environmental Justice Elements 23-259\400 GIS\Map\City_of_Porterville_PHS_Mapping\City_of_Porterville_PHS_Mapping.aprx prepared by: benjamint Porterville General Plan
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7.4 HAZARDOUS MATERIALS
The California Code of Regulations defines a hazardous material as a substance that, because of physical or chemical properties, quantity, concentration, or other characteristics, may either (1) cause an increase in mortality or an increase in serious, irreversible, or incapacitating, illness or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.1 Hazardous wastes are hazardous materials that no longer have practical use, such as substances that have been discarded, discharged, spilled, contaminated, or are being stored prior to proper disposal.

A hazardous materials incident involves the uncontrolled release of a hazardous substance during storage, use, or transport.

LAWS & REGULATIONS
Federal and State laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, transported and disposed of, and in the event that such materials are accidentally released, to prevent or mitigate injury to health or the environment. Laws and regulations require hazardous materials users to train employees to manage them safely. The primary federal agencies with responsibility for hazardous materials management include the U.S. Environmental Protection Agency (EPA), U.S. Department of Labor Occupational Safety and Health Administration (OSHA), and the U.S. Department of Transportation (DOT). In many cases, California State law mirrors or is more restrictive than federal law, and enforcement of these laws has been delegated to the State or a local agency.

The State Water Resources Control Board (SWRCB) administers the aboveground storage tank (AST) program and the underground storage tank (UST) program. The AST program covers facilities that store petroleum in a single tank, or multiple tanks with an aggregate capacity in excess of 1,320 gallons, and requires that tank owners or operators file a storage statement, pay a facility fee, and prepare and implement a Federal Soil Prevention, Control and Countermeasure (SPCC) Plan. The SPCC Plan must identify procedures, methods, and equipment in place at the facility to prevent discharges of petroleum from reaching navigable waters. State laws governing USTs specify requirements for permitting, construction, installation, leak detection monitoring, repairs, release reporting requirements, corrective actions, cleanup, and closure.

In Porterville, the Tulare County Environmental Health Division (TCEHD) is the local agency responsible for the implementation of the state-mandated Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. Tulare County has prepared a Hazardous Waste Management Plan and a Multi-Hazard Functional Plan, that serves as the County’s emergency response plan for hazardous materials emergency incidents. In addition, the TCEHD acts as lead agency to ensure proper remediation of leaking underground petroleum storage tank sites and certain other contaminated sites. TCEHD provides a permanent Household Hazardous Waste (HHW) drop-off facility located in Visalia (approximately 30 miles from Porterville) that is available free of charge to any Tulare County resident and operates mobile collection events throughout the year. Typically, two events per year are hosted in Porterville, normally in April and September.
1 California Code of Regulations, Title 22, Division 4.5, Chapter 10, Article 2, Section 66260.10 Chapter 7: Public Health & Safety Element
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The City of Porterville Fire Department, Fire Prevention Division provides limited oversight of hazardous materials. The Fire Department is responsible for conducting inspections for code compliance and fire-safe practices, permitting of certain hazardous materials, and for investigation of fire and hazardous materials incidents. The Fire Department regulates explosive and hazardous materials under the Uniform Fire Code, and permits the handling, storage and use of any explosive or other hazardous material.

HAZARDOUS MATERIALS SITES
Areas where historic or on-going activities have resulted in the known or suspected release of hazardous materials into the soil and groundwater are identified by Environmental Data Resources, Inc. In Porterville, contaminated sites are largely associated with leaking underground storage tanks and are predominately clustered around primary transportation corridors including State Route 65 (SR 65), Main Street, Henderson Avenue, and Olive Avenue (see Figure 7-65). Most sites are associated with retail and commercial uses (e.g., gas stations, convenience stores, car washes, etc.), but a few are associated with local industrial and agricultural uses. Sites identified on the State’s existing Brownfield database as of 2008 are also shown in Figure 7-65. Additional mapping is available in the Environmental Justice element.

The City’s Emergency Operations Plan also mentions the possibility of illegal drug manufacturing sites as sources of hazardous materials and incidents. Residue and hazardous waste are often dumped illegally and pose a threat to public health.

GUIDING POLICY
PHS-G-4 Protect soils, surface water, and groundwater from contamination from hazardous materials.

IMPLEMENTATION POLICIES
PHS-I-17 Require remediation and cleanup of sites contaminated with hazardous substances.

The level of remediation and cleanup will be determined based on the intended use and health risk to the public. At the minimum, remediation will be in compliance with federal and State standards. Clean up shall be required in conjunction with new development, reconstruction, property transfer of ownership, and/or continued operation after the discovery of contamination.

PHS-I-18 Adopt a Household Hazardous Waste Program and support the proper disposal of hazardous household waste and waste oil; encourage citizens and crime watch organizations to report unlawful dumping of hazardous materials.

The City will promote the reduction, recycling, and safe disposal of household hazardous wastes through public education and awareness. Collection programs should be reviewed annually and expanded where appropriate. The City will also coordinate with hazardous waste recyclers to increase the frequency of hazardous waste collection events under this program.

Porterville General Plan
Public Review Draft, July 2024 18
PHS-I-19 Ensure that all specified hazardous facilities conform to the Tulare County Hazardous Waste Management Plan.

PHS-I-20 Prohibit specified hazardous waste residual repositories and onsite facilities utilizing incineration methods unless the facility demonstrates that it will produce insignificant levels of emissions.

PHS-I-21 Coordinate enforcement of the Hazardous Material Disclosure Law and the implementation of the Hazardous Material Emergency Response Plan with the Tulare County Health and Human Service Agency.

State and federal legislation requires every business that handles hazardous materials report their inventories to the local fire department. The program’s primary function is to identify, monitor, and assist businesses using or storing hazardous materials and allow the City to handle emergency incidents more effectively. The City will maintain and share this information with police, fire, and emergency services.

PHS-I-22 Coordinate with the Tulare County Department of Environmental Health, and other appropriate regulatory agencies during the review process of all proposals for the use of hazardous materials or those involving properties that may have toxic contamination, such as petroleum hydrocarbons, CAM 17 metals, asbestos, and lead.

PHS-I-23 Require applicants of projects in areas of known or suspected hazardous materials occurrences such as petroleum hydrocarbon contamination, CAM 17 metals, USTs, location of asbestos rocks and other such contamination to perform comprehensive soil and groundwater contamination assessments in accordance with regulatory agency testing standards, and if contamination exceeds regulatory action levels, require the project applicant to undertake remediation procedures prior to grading and development under the supervision of appropriate agencies, such as Tulare County Department of Environmental Heath, Department of Toxic Substances Control, or Regional Water Quality Control Board.

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Figure 7-5 6: Hazardous Materials Sites
Hobbs Miner Ditch
Porter Slough

MAIN ST

NORTH GRAND AVE

REID AVE

WESTFIELD AVE
AVENUE 160 HENDERSON AVE WESTWOOD ST NEWCOMB ST PROSPECT ST

MORTON AVE

OLIVE AVE

ROBY AVE

DATE AVE

SPRINGVILLE DR

LIME ST

PLANO ST

ORANGE AVE

SUCCESS DR

DATE AVE

ROBY AVE

SPRINGVILLE AVE
D ST

MAIN ST

JAYE ST

VILLA ST

GIBBONS AVE

SCRANTON AVE SCRANTON AVE
WORTH AVE AVENUE 140
ROAD 252

LEGGETT ST

HILLCREST ST
AVENUE 128 TEAPOT DOME AVE TEAPOT DOME AVE NEWCOMB ST INDIANA ST JAYE STLEGGETT ST

HILLCREST ST

OLIVE AVE
AVENUE 146
AVENUE 124
AVENUE 120

UNION PACIFIC RR

UNION PACIFIC RR
Lake
Success
Tule
River
Friant Kern Canal
Friant Kern Canal
Porterville
Municipal Airport
Tule River
190 190
65 65
Poplar Ditch
November 2007
10 acres
40 acres
0 1125 2250 4500
FEET
9000
Leaking Underground
Storage Tanks (LUST)
Spills, Leaks, Investigations,
& Cleanups (SLIC)
Toxic Releases
Superfund Site
Planning Area
City Limits, 2006
Figure 7-6
Hazardous Materials
Source: SWRCB Geotracker, and
EPA RCRA, 2007
Porterville General Plan
Public Review Draft, July 2024 20

7.5 SAFETY SERVICES

POLICE SERVICES
Law enforcement services in Porterville are provided by the City of Porterville Police Department. The Department currently has 57 sworn peace officers and 22 civilian staff members. Every sworn officer is provided with the safety gear essential to their specific assignment including firearms, protective vests, and uniforms. Each officer is assigned a vehicle, either a marked police car, a marked police motorcycle, or an unmarked police car. Additionally, the Police Department has a SWAT specific vehicle, a DUI/Mobile Substation Trailer, and a Radar Display trailer. The Porterville Police Department’s headquarters is located at 350 N. D Street.

Currently, the Police Department is operating at a ratio of almost 1.3 officers per 1,000 residents.

Response times and the ability of the Police Department to provide acceptable levels of service are contingent on growing staffing levels, sworn and civilian, consistent with resident population and the population of visitors, merchants, schools, and shoppers with the service area of Porterville. According to the Porterville Police Department, a ratio of 1.2 police officers to 1,000 residents would support adequate law enforcement efforts at buildout. This would require a total of 129 (72 additional) sworn officers by 2030.

Even though the current police facility is nearing its capacity to support staffing levels, the Police Department will continue to maintain a central station. Due to the resources involved in providing police services to the community, a centralized station is more effective, efficient, and fiscally responsible. As the community grows and levels of service increase, satellite Communitybased Policing Offices will be located with other public facilities, such as fire stations in shopping centers, community centers or high-crime areas in order to provide the required services.

The Tulare County Sheriff’s Office has a Porterville substation at 379 N. Third Street. This substation has ten patrols for the currently unincorporated areas of the County. As Porterville grows, the Police Department will need to work closely with the Sheriff’s Office.

FIRE & LIFE SAFETY SERVICES
The City’s Fire Department provides fire and life safety services for residents located within the city limits while the Tulare County Fire Department provides additional services for unincorporated areas within the Planning Area. City fire dispatch is handled by the Police Department.

Chapter 7: Public Health & Safety Element
Public Review Draft, July 2024 21
In order to meet the service demand of greater
population, four new fire stations are proposed by this General Plan. The Fire Department has planned stations
near the intersection of Jaye Street and Worth Avenue,
near the intersection of Morton Avenue and Crestview
Street,1 near the Porterville Airport, and near the
intersection of Reid Avenue and Main Street. The locations of County, City-owned, and CDF stations as mapped in
2008 are illustrated in Figure 7-76, along with 1.5 mile radii from fire stations demonstrating fire coverage for Porterville residents. Additional mapping completed in
2024 is available in Attachment 1. Table 7-4 summarizes fire station locations and facilities as of 2007.

Table 7-4: Fire Station Locations and Facilities
1 City of Porterville Fire Department, March 29, 2007.

No. Location Staffing Facilities
1 40 W. Cleveland Ave. Min of 4, Max of 6
per shift.
3 heavy fire engines (type I), 1 75 ft. Quint
Aerial Ladder Truck, 1 Rescue Unit, and 1 Light
Unit (Patrol)
2 500 N. Newcomb Min of 3, Max of 4
per shift.
2 heavy fire engines (type I), 1 Light Unit
(Patrol)
191 22315 Ave. 152 1 full time per shift
and 17 paid on-call
firefighters
1 heavy fire engine (type II), 1 light engine (type
IV), 1 water tender (tractor, trailer)
201 1551 E. Success Dr. 1 full time per shift
and 17 paid on-call
firefighters
1 heavy fire engine (type I), 1 light engine (type
IV), 1 water tender (bobtail)
CDF Worth Ave at Road 265
* Jaye St. at Worth Ave.
* Morton Ave. at Crestview St.
* Porterville Airport
* Reid Ave. at Main St.

1. County-operated.
* Proposed, conceptual locations for new City of Porterville Fire Stations.

Sources: Porterville Fire Department, 2007; Tulare County Fire Department, 2007.

The Plan will support expansion of existing public fire safety and emergency life support services.

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Public Review Draft, July 2024 22

FIRE RESPONSE STANDARD & ISO RATING
The Insurance Service Office (ISO)—a private organization that surveys fire departments in cities and towns across the United States—awarded the Porterville Fire Department a Class 3 rating (1 being highest and 10 being lowest). This rating considers a community’s fire defense capacity versus fire potential, and then uses the score to set property insurance premiums for homeowners and commercial property owners.

Currently, the Department responds to 60 percent of its calls within five minutes. The internal response time goal set by the Department is to provide service within five minutes of the 911 call being received, 80 percent of the time. The proposed two new stations will help the Department reach its goal.

Water Flow Rates & Pressure
In order to adequately protect life and property in Porterville, water flow rates and pressure standards defined by the Uniform Fire Code are maintained.

Policies in the Land Use Element will ensure that new development will finance public safety facilities needed to serve new development. Additional policies addressing airport hazards are also located in the Circulation Element.

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Figure 7-6 7: Emergency Services
Hobbs Miner Ditch
Porter Slough
+
CDF
Fire Station
+
+ County
Fire Station
County
Fire Station
+
+
+
Porterville
Police Station
Porterville
Fire Station
Porterville
Fire Station
+ Proposed
Fire Station
Proposed
Fire Station
Proposed
Fire Station
Proposed
Fire Station

MAIN ST

NORTH GRAND AVE

REID AVE

WESTFIELD AVE
AVENUE 160 HENDERSON AVE WESTWOOD ST NEWCOMB ST PROSPECT ST

MORTON AVE

OLIVE AVE

ROBY AVE

DATE AVE

SPRINGVILLE DR

LIME ST

PLANO ST

ORANGE AVE

SUCCESS DR

DATE AVE

ROBY AVE

SPRINGVILLE AVE
D ST

MAIN ST

JAYE ST

VILLA ST

GIBBONS AVE

SCRANTON AVE SCRANTON AVE
WORTH AVE AVENUE 140
ROAD 252

LEGGETT ST

HILLCREST ST
AVENUE 128 TEAPOT DOME AVE TEAPOT DOME AVE NEWCOMB ST INDIANA ST JAYE STLEGGETT ST

HILLCREST ST

OLIVE AVE
AVENUE 146
AVENUE 124
AVENUE 120

UNION PACIFIC RR

UNION PACIFIC RR
Lake
Success
Tule
River
Friant Kern Canal
Friant Kern Canal
Porterville
Municipal Airport
Tule River
190 190
65 65
Poplar Ditch
Tunnel
November 2007
10 acres
40 acres
0 1125 2250 4500
FEET
9000
City Fire Station
County Fire Station
CDF Fire Station*
Proposed City Fire Station
Police Station
Fire Service, 1.5 Mile Radius
Evacuation Routes
2030 Developed Land
Planning Area
Figure 7-7
Emergency Services
* CDF station services provided through
agreement with City.

Source: City of Porterville, 2007.

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Public Review Draft, July 2024 24

GUIDING POLICY
PHS-G-5 Provide a comprehensive program of safety services including police, fire and medical response in all parts of Porterville.

IMPLEMENTATION POLICIES
PHS-I-24 Provide cost effective fire, police, and emergency medical service within the City to minimize potential injury, loss and/or destruction to persons or property.

To meet existing and future demand, the City will continue to plan for adequate law enforcement and fire-fighting services, and strive for staffing ratios and response time that meet or exceed national standards. The requirements for additional Police and Fire Stations will be assessed when the City prepares its Capital Improvement Programs and development fees.

PHS-I-25 Maintain the City’s Class 3 ISO rating, or better, for fire protection.

PHS-I-26 Promote a community-oriented approach to law enforcement.

The City will support public education programs involving crime prevention and safety issues. Currently, the Porterville Police Department has a number of outreach and training programs in place. These include a neighborhood crime-watch program, Police Explorers, Youth Services Foundation, and police volunteer program. Continue to cooperate with the California Highway Patrol and the nearby law enforcement agencies to provide back-up police assistance in emergency situations.

PHS-I-27 Continually assess the adequacy of current funding programs for police, fire and paramedic services and investigate new funding sources.

These could include a public safety impact fee.

PHS-I-28 Ensure that new development incorporates safety concerns into the site, circulation, building design and landscaping plans.

This will be done during the development review process.

7.6 EMERGENCY RESPONSE

EMERGENCY PLANNING
The California Emergency Services Act (Government Code Section 8550-8668) requires each city to prepare and maintain an Emergency Plan for natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life. The Porterville Emergency Operations Plan was adopted in 2004. The Plan includes planning and response scenarios for seismic hazards, extreme weather conditions, landslides, dam failure and other flooding, wildland fires, hazardous materials incidents, transportation emergencies, civil disturbance, and terrorist attacks. It is meant to work in conjunction with the Tulare County Emergency Chapter 7: Public Health & Safety Element
Public Review Draft, July 2024 25
Operations Plan and the State Emergency Plan. The Emergency Council of the Tulare County Operational Area meets for regional coordination purposes at least four times per year. In addition, the City Fire Department has specific procedures for hazardous materials emergency response.

EVACUATION ROUTES & POTENTIAL SHELTER SITES
The City has designated several evacuation routes through Porterville to be used in case of catastrophic emergencies. The extent and the severity of a disaster will determine which routes and which direction people must take in order to escape or avoid the afflicted areas. Sierra View District Hospital in Porterville provides emergency health care services.

In the event of a natural or man-made disaster, the City will coordinate with the Red Cross, Salvation Army, and State and federal agencies responsible for providing emergency shelter for displaced residents. The sites most commonly used are schools, senior centers, community centers, public buildings, and churches.

GUIDING POLICY
PHS-G-6 Provide comprehensive emergency response and evacuation routes for Porterville residents.

IMPLEMENTATION POLICIES
PHS-I-29 Maintain and periodically update the City’s Emergency Management Plan.

This plan will be updated as necessary in consultation with City departments, community leaders, the school districts, Sierra View District Hospital, PG&E, and relevant regional and State agencies.

PHS-I-30 Initiate periodic public information programs that explain the City’s emergency preparedness programs and evacuation routes and encourage each household to be self-sufficient for 72 hours after a manmade or natural disaster.

PHS-I-31 Maintain multi-jurisdictional communication systems and cooperation for emergency training, planning and management.

PHS-I-32 Work with owners and operators of critical use facilities to ensure that they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster.

Public utilities are lifeline services for Emergency Command Centers, police and fire departments, and hospitals. Keeping them open and operative is especially crucial in the 72 hours after a major disaster.
11 Environmental Justice
The purpose of the Environmental Justice element is to promote social equity within the community and ensure disadvantaged communities are considered throughout the land use and long-range planning process for the City of Porterville. This element is informed by the requirements of Senate Bill (SB) 1000, the Planning for Healthy Communities Act. A review of environmental justice concerns in Porterville was completed in the Environmental Justice Policy Review, which is included in the General Plan as Attachment 3. The review was used to develop goals and policies that meet the intent of SB 1000.

This element was also informed by SB 244, the Planning for Disadvantaged Unincorporated Communities Act, which requires cities and counties to include data and an analysis of unincorporated, fringe, island, or legacy communities within its planning area that are determined to be disadvantaged unincorporated communities (DUC). Tulare Local Agency Formation Commission (Tulare LAFCO) mapped and discussed DUCs in the 2014 Porterville Municipal Service Review (MSR). Additionally, Tulare County completed a DUC assessment in 2015. These reports discuss service needs and deficiencies in East Porterville and the other DUCs that were identified within the Porterville SOI at that time. However, more recent mapping by the Department of Water Resources, using the same income criteria as SB 244 to determine the presence of DUCs, has demonstrated that most DUCs identified within the Porterville SOI in the earlier reports have either been annexed or are no longer considered DUCs. Only East Porterville is still considered a DUC and has been analyzed in the earlier reports, including all information required under SB 244.

This element focuses on creating a comfortable, convenient, and safe place for people to live and work. The goals and policies encourage access to healthy food options and healthcare services.

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Pubic Review Draft, July 2024 2
This element also provides for safe and sanitary housing opportunities for all income levels and minimizes exposure to pollution sources. Finally, policies are included to ensure all segments of the community are able to participate in public processes and to encourage community engagement.

11.1 POLLUTION EXPOSURE
Pollution exposure occurs daily in all communities where people encounter air, water, and soil contaminants present in the built environment. Minimizing exposure to air pollution, water contamination, and exposure to hazardous materials are all addressed in the General Plan.

AIR QUALITY
The California Air Resources Control Board (CARB) provides siting recommendations for sensitive land uses around specific sources of air pollution. An inventory of Porterville’s pollution emitting sources and sensitive land uses are shown in Figure 11-1. The primary air pollution sources in Porterville are mobile pollution sources from the highway, as well as gas stations.

There are also distribution and manufacturing facilities that are considered pollution sources, as well as the airport. Land uses in Porterville are generally well-located to avoid conflicts between sensitive land uses and pollution emitting sources. However, there are some existing sensitive land uses, including schools, parks, and medical centers, within the recommended CARB buffer for several pollution-emitting sources, including the state routes, gas stations, and distribution centers. CARB recognizes that other factors are considered when making land use decisions, including housing needs, existing land uses, and other development priorities.

WATER QUALITY
The State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Boards are regulatory agencies in charge of water quality. Porterville has historically relied on groundwater as its municipal water supply for residents, accessing this water through the City’s system of 36 wells. There have been no water deficiencies, even in drought years. However, the Tule Sub-basin, from which the City draws its water, is considered to be in a state of overdraft.

The City released their 2020 Urban Water Management Plan in January 2022. The Plan outlines the water supply system in Porterville and its ability to meet existing and future water needs in the City. The Plan also includes a conservation plan that outlines actions for drought and emergency response to preserve water quality and service in Porterville. Although some shallow wells within the City had an increased presence of nitrates, this level still met standards for potable water. The City is part of the Eastern Tule Groundwater Sustainability Agency (ETGSA), who monitors groundwater sustainability for the subbasin and maintains the ETGSA Groundwater Sustainability Plan, last amended in 2022.

Porterville also maintains and operates five hillside reservoirs. Three have a three-million-gallon capacity, one has a 305,000-gallon capacity, and the final has a 550,000-gallon capacity. A 300,000-gallon reservoir at the airport is also part of the City system. All six reservoirs allow the City to maintain system pressure during peak demand and fire flow situations.

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HAZARDOUS MATERIALS
EnviroStor, an online database maintained by CalEPA, is the primary tool for identifying hazardous sites in communities throughout California. GeoTracker is also used to identify leaking underground storage tank (LUST) clean-up sites. EnviroStor and LUST sites in relation to sensitive land uses are identified in Figure 11-2 Although some sites in Porterville have been identified as hazardous, they have been addressed through cleanup efforts and land use limitations or are currently being addressed through these efforts.

See also the Public Utilities Element, Section 8.1 (Water Supply & Conservation) and the Health & Safety Element, section 7.4 (Hazardous Materials) for additional policies.

GUIDING POLICY
EJ-G-1 Impacts from pollution are minimized through thoughtful and deliberate land use planning.

IMPLEMENTATION POLICIES
EJ-I-1 Evaluate land use decisions for consistency with siting recommendations as outlined in California Air Resources Board’s (CARB’s) Land Use Compatibility Handbook.

EJ-I-2 Continue to coordinate with the Eastern Tule Groundwater Sustainability Agency during updates of the ETGSA Groundwater Sustainability Plan.

EJ-I-3 Continue to consult the EnviroStor database and similar hazardous sites lists when evaluating discretionary land use decisions.

Porterville General Plan
Pubic Review Draft, July 2024 4
Figure 11-1 Pollution Emitting Sources
Ave 124
Plano St
Ave 144
Ave 160
Ave 184
Plano St
Rd 224
Ave 128
Rd 224
Main St
?¤
?¤
?¤
?¤
Esri, NASA, NGA, USGS, FEMA
0 0.5 1
Miles
Porterville City Limits
Porterville SOI
Planning Area Boundary
Sensitive Land Use
School
Sierra View Medical Center
Medical Office
Existing: Neighborhood Park
Existing: Community Park
Existing: Special Park
Proposed: Neighborhood Park
Proposed: Community Park
Proposed: Special Park
City of Porterville General Plan Land Use
Rural Residential
Resort Residential
Very Low Density Residential
Low Density Residential
Low Medium Density Residential
Medium Density Residential
High Density Residential
Pollution Sources
Gas Station
Distribution Center
Manufacturing
Airport
500 Ft. Highway Buffer
1,000 Ft. Distribution Center Buffer
o Public Health & Safety and Environmental Justice Elements for 2030 General Plan City of Porterville
1/16/2024 G:\Porterville_City_of-1016\101623001-Health and Safety and Elemental Justice\400 GIS\Map\City_of_Porterville_PHS_Mapping\City_of_Porterville_PHS_Mapping.aprx prepared by: benjamint Chapter 11: Environmental Justice
Pubic Review Draft, July 2024 5
Figure 11-2: Hazardous Sites
?¤
?¤
?¤
?¤
Ave 124
Plano St
Ave 144
Ave 160
Ave 184
Plano St
Rd 224
Ave 128 Rd 224
Main St
1 6
8 2
7 4
5 3
C
B
A
D
E
Esri, NASA, NGA, USGS, FEMA
0 0.5 1
Miles
Envirostor Site
LUST Cleanup Site
Porterville City Limits
Porterville SOI
Planning Area Boundary
City of Porterville General Plan Land Use
Rural Residential
Resort Residential
Very Low Density Residential
Low Density Residential
Low Medium Density Residential
Medium Density Residential
High Density Residential
o Public Health & Safety and Environmental Justice Elements for 2030 General Plan City of Porterville
1/9/2024 G:\Porterville_City_of-1016\101623001-Health and Safety and Elemental Justice\400 GIS\Map\City_of_Porterville_PHS_Mapping\City_of_Porterville_PHS_Mapping.aprx prepared by: benjamint Porterville General Plan
Pubic Review Draft, July 2024 6

11.2 ACCESS TO HEALTHY FOOD
Food access is a concept that includes several related topics, including the availability of nutritionally adequate and affordable food, having enough income to purchase food, as well as proximity and the ability to travel to a food source that offers affordable, nutritionally adequate food. Disadvantaged communities may face greater barriers to accessing healthy and affordable food retailers.

Food access mapping, included in Attachment 3, demonstrates where healthy and unhealthy food sources are located in Porterville. Grocery stores and farmers markets are considered healthy food sources, while convenience stores and liquor stores and considered unhealthy due to the lack of fresh fruits, vegetables, dairy, and meat products. While healthy foods may be available at unhealthy food sources, their label as unhealthy indicates that an individual would not be able to achieve a healthy and balanced diet if they shopped only at those locations.

The United States Department of Agriculture Economic Research Service maintains the Food Access Research Atlas. This tool identifies census tracts where residents are more than one mile away from a grocery store and have limited access to personal vehicles. Porterville has three census tracts where residents are more than one mile from a grocery store (tracts 06107003601, 06107004102, and 06107004000). None of these tracts contain a high number of households without access to a personal vehicle that are more than one mile from a grocery store, although tract 06107004000 does contain a high percentage (98.6%) of people living in a group home (Porterville Developmental Center). Grocery store access is not a concern for residents at this facility, as meals are provided.

GUIDING POLICY
EJ-G-2 All members of the community have access to affordable and nutritious food.

IMPLEMENTATION POLICIES
EJ-I-4 Prioritize the development of healthy food outlets in economic development efforts.

EJ-I-5 Consider the proximity to existing unhealthy food sources, including liquor stores, as new development proposals for unhealthy food sources are received to ensure they are not unduly concentrated in disadvantaged areas.

11.3 SAFE AND SANITARY HOMES
Safe and sanitary housing considers three dimensions: housing conditions, housing affordability, and land-use compatibility. Toxic building materials, extreme temperature variation, poor air quality, moisture intrusion, and overcrowding are all aspects of housing condition that can impact residents’ health.

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TOXIC SUBSTANCES
There are known risks associated with substances such as lead, asbestos, mold, and other contaminants that are often present in older homes. These substances are more likely to occur and cause negative health effects in older homes and homes that are poorly maintained. While there are not specific dates used to determine the risk of exposure to asbestos and mold, 1980 is typically used to determine the risk of exposure to lead-based paint. As such, this analysis uses 1980 as the date for all three toxic substances. According to the Porterville Housing Element, updated in 2016, 7,773 units in Porterville were built prior to 1980, representing approximately 48% of housing units in the City at that time. Based on the age of Porterville’s housing stock, there is likely some occurrence of toxic substances in the City.

OVERCROWDING
Overcrowded housing units also increase health and safety concerns for the community.

Additionally, highly overcrowded areas put increased stress on the condition of housing stock and infrastructure. The California Department of Housing and Community Development defines overcrowding as a unit occupied by more than 1.01 persons per room, not limited to bedrooms but excluding bathrooms and kitchens. Severely overcrowded units are occupied by more than

1.5 persons per room. Overcrowding tends to result from a lack of affordable housing or units of adequate size and can impact both owners and renters, though renters tend to be impacted more significantly. The 2016 Housing Element assessed overcrowding in Porterville and indicated that 895 households in the City were overcrowded, representing approximately 2% of units. 81% of overcrowded households had incomes at or below 80% Area Median Income.

HOUSING AFFORDABILITY
When households are cost-burdened they have fewer resources to put towards other living expenses such as transportation, education, or healthcare. Additionally, a restricted budget also restricts housing choice, meaning cost-burdened households are also more likely to be subjected to unsafe housing conditions and overcrowding. Housing farther from commercial and employment centers that is more affordable may also increase transportation costs. Lowerincome households and renters tend to be more affected by high housing costs. Housing affordability and accessibility are major components of the Housing Element.

GUIDING POLICY
EJ-G-3 Additional policies related to housing, including access to safe and sanitary homes, are found in the Housing Element. The goals of the Housing Element serve as the guiding policies for this section.

IMPLEMENTING POLICIES
EJ-I-6 Increase awareness of warning signs for the presence of toxic substances related to aging housing stock. Distribute informational materials on the warning signs of toxic substances.

Porterville General Plan
Pubic Review Draft, July 2024 8
EJ-I-7 Increase awareness of and participation in affordable housing programs and programs that assist in off-setting other living costs such as food and transportation through the implementation of the Housing Element.

EJ-I-8 Sponsor and support cooling centers during extreme heat days. Consider alternative locations for cooling centers beyond traditional government buildings to ensure sensitive populations are able to utilize them.

11.4 ACCESS TO PUBLIC FACILITIES AND HEALTH CARE
SB 1000 refers to public facilities as “public improvements, public services, and community amenities”. SB 1000 seeks to ensure that DACs have access to safe, clean public facilities and the equitable distribution of public facilities is an important part of environmental justice. Even basic infrastructure such as sidewalks and streetlights can be inequitably distributed around a community. This can create a range of health risks and quality of life issues including poor physical and mental health, increased exposure to safety hazards, and stifled community growth.

The distribution of community facilities in Porterville is shown in Figure 11-3 while the distribution of public services is shown in Figure 11-4. These figures represent facilities mapped as of March 2024 for purposes of completing the analysis required under SB 1000 and informing the policies included in this element and are not intended to limit policies in this or other elements. Public facilities and services are also discussed in the Public Utilities element.

Although health care is not provided by the City of Porterville or another public service within the City, equitable access to health care is important for residents. The Sierra View Medical Center serves as the primary hospital in Porterville. The medical center is open 24 hours and provides a variety of medical services including emergency services, critical care, physical therapy, and rehabilitation, among others. A variety of family medical services, dental offices, and vision care services are in Porterville as well, primarily near the downtown. As of March 2024, there are 17 medical offices, 13 dental offices, and 12 vision care offices in the City, as well as Sierra View Medical Center and the Porterville Developmental Center. Although the offices are generally concentrated downtown, Porterville’s transit system includes routes to designated medical offices, providing greater access to these services.

GUIDING POLICY
EJ-G-4 Community facilities (including parks and community centers), public facilities (including utilities and transportation infrastructure), and healthcare facilities are equitably distributed throughout the community.

IMPLEMENTING POLICIES
EJ-I-9 Continue to ensure the equitable location of public facilities, such as libraries and daycare centers.

EJ-I-10 Monitor public facilities and service provision, including wastewater treatment, flood control, and transit, and ensure capacity is expanded to meet anticipated need.

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Pubic Review Draft, July 2024 9
EJ-I-11 Continue to monitor and plan for the development and maintenance of infrastructure through the Capital Improvement Plan (CIP) process to ensure investment is equitably distributed throughout the community.

11.5 ACTIVE LIVING
City design impacts a community’s ability to engage in physical activity. A city’s open space and transportation network shapes its access to formal and informal recreation opportunities, which in turn impacts public health.

As of March 2024, the City of Porterville has 14 parks totaling nearly 281 acres of park space, among other community facilities that are conducive to physical activity. These park facilities include a 95-acre sports complex with various athletic fields, as well as a 36-acre community park with a public pool, picnic areas, playgrounds, and restrooms. The City also has a bike and walking trail along the Tule River and various community facilities that are maintained by the Parks Department. Parks and open space facilities are mapped in Figure 11-3.

The City also provides a variety of active transportation opportunities. Much of the City has sidewalk available on at least one side of the street, and, although there are some segments in need of repair, it is generally feasible to walk using these facilities in Porterville. The City also has a series of bike lanes, predominantly located in the center of the City. The prevalence of transit throughout the City also encourages the use of active transportation modes such as walking or bicycling to augment existing transit routes.

GUIDING POLICY
EJ-G-5 Opportunities for physical activity, such as walking and biking, are integrated into the built environment.

IMPLEMENTING POLICIES
EJ-I-12 Continue to implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.

EJ-I-13 Conduct a visual quality assessment of bicycle and pedestrian facilities throughout the City to inform the prioritization of infrastructure projects. Identify key gaps in pedestrian and bicycle networks and prioritize infrastructure projects to complete these gaps in order to better connect residents to daily destinations.

EJ-I-14 Complete an active transportation plan to assist in the planning and funding of bicycle and pedestrian infrastructure improvements throughout the City.

Transportation planning should consider adherence throughout the City to current ADA standards.

EJ-I-15 Require street trees or other shade coverage along key pedestrian and bicycle routes and near transit stops. Street trees should be of a “medium” size or larger.

Porterville General Plan
Pubic Review Draft, July 2024 10
Figure 11-3: Community Facilities Distribution
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Ave 124
Plano St
Ave 144
Ave 160
Ave 184
Plano St
Rd 224
Ave 128 Rd 224
Main St
Esri, NASA, NGA, USGS, FEMA
0 0.5 1
Miles
Early Education
Porterville Public Library
Porterville City Hall
Tulare County Superior Court- Porterville
Sequoia National Forest Headquarters
Existing: Neighborhood Park
Existing: Community Park
Existing: Special Park
Proposed: Neighborhood Park
Proposed: Community Park
Proposed: Special Park
Porterville City Limits
Porterville SOI
Planning Area Boundary
o Public Health & Safety and Environmental Justice Elements for 2030 General Plan City of Porterville
1/16/2024 G:\Porterville_City_of-1016\101623001-Health and Safety and Elemental Justice\400 GIS\Map\City_of_Porterville_PHS_Mapping\City_of_Porterville_PHS_Mapping.aprx prepared by: benjamint Chapter 11: Environmental Justice
Pubic Review Draft, July 2024 11
Figure 11-4: Public Services Distribution
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Ave 124
Plano St
Ave 144
Ave 160
Ave 184
Plano St
Rd 224
Ave 128 Rd 224
Main St
Esri, NASA, NGA, USGS, FEMA
0 0.5 1
Miles
Fire Station
Law Enforcement
Wastewater Treatment Plant
Storm Drainage
Sewer Line
Porter Vista PUD
City of Porterville Water
Service Area
Porterville City Limits
Porterville SOI
Planning Area Boundary
o Public Health & Safety and Environmental Justice Elements for 2030 General Plan City of Porterville
1/16/2024 G:\Porterville_City_of-1016\101623001-Health and Safety and Elemental Justice\400 GIS\Map\City_of_Porterville_PHS_Mapping\City_of_Porterville_PHS_Mapping.aprx prepared by: benjamint Porterville General Plan
Pubic Review Draft, July 2024 12

11.6 CIVIC ENGAGEMENT
A core part of environmental justice is listening to the people who are most impacted. The most effective community engagement strategies represent all stakeholders, including those who are directly impacted and the public at large.

The City of Porterville has regular City Council meetings on the first and third Tuesdays of the month starting at 6:30 pm and located at the City Hall Council Chambers. The City may also host special community meetings if projects warrant additional public outreach. Spanish translation services for meetings are also provided. City Hall is centrally located in Porterville, which is conducive to public participation. Meeting materials are made available on the website prior to the meeting. Public meetings can be joined in person or via Zoom, and recordings of the meetings are also posted to the City’s official YouTube channel. Zoom attendees are able to fully interact during the meeting, with a designated time after in-person comments for online attendees to comment.

GUIDING POLICY
EJ-G-6 All members of the community are afforded meaningful opportunities to engage in local decision making.

IMPLEMENTING POLICIES
EJ-I-16 Continue to ensure language accessibility for public government meetings.

EJ-I-17 Continue to increase accessibility of public meetings by providing remote access options and alternative participation opportunities.

EJ-I-18 Routinely evaluate meeting times and locations to ensure the majority of stakeholders are able to attend.

Item No. 20.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Approval of COAR Design Group's Recommendation for Emergency Operations Center & Public Safety Headquarters Location SOURCE: Engineering and Project Management
COMMENT: At its meeting on November 3, 2023, the City Council authorized staff to execute a contract with COAR Design Group for the first step of a two-step design approach in the design of the Emergency Operations Center & Public Safety Headquarters (EOC). For the first step, COAR Design Group was tasked with evaluating both the former library site and Centennial Plaza as possible locations for the EOC. Location of the EOC to Centennial Plaza, if found possible and beneficial, would allow further improvements to Fire Station 71 that would accommodate the larger fire apparatuses common in today's market as well as additional staffing.

COAR Design Group completed a full structural analysis and review of Centennial Plaza to determine if the cost to retrofit the building to the level of an "Essential Services" building would be cost-effective. Their findings were that the Centennial Plaza was both a viable and cost-effective approach for the future EOC with an estimated renovation cost of approximately $1,150 per square foot as opposed to the estimated new construction price of $1,500 per square foot; a 24.34% savings.

Staff respectfully requests City Council's approval of utilizing Centennial Plaza for the future EOC. Upon approval, staff will begin negotiations with COAR Design Group to complete the design of the remodel of Centennial Plaza as the EOC as well as the design work for the addition to Fire Station 71 that would include an office and bedroom for a battalion chief, extension of the existing engine bays, and a memorial to honor Fire Captain Ramon "Ray" Figueroa and Firefighter Patrick Jones.

RECOMMENDATION: That the City Council:

1. Approve COAR Design Group's recommended location for the Emergency Operations Center & Public Safety Headquarters as Centennial Plaza; and

2. Direct staff to negotiate a design contract with COAR Design Group for step two of the design process for the approved location.

ATTACHMENTS: 1. Porterville EOCFinal Report August 2024

2. Locator Map
Item No. 20.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Deputy City Manager
9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177

SITE AND FACILITY ASSESSMENT

PORTERVILLE EMERGENCY OPERATIONS CENTER
08/26/2024
Prepared by:

COAR Design Group
9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 I. Project History and Background
The City of Porterville is planning to develop plans and specifications for an Emergency Operations Center (EOC) & Public Safety Headquarters. This report looks at the options for locating the new facility at either 41 W Thurman Avenue; the former site of the City’s library, or at the current Centennial Building at Thurmon and Main Street.

The City endeavors to design and construct a EOC & Public Safety Headquarters that will serve as the critical coordination hub during emergency incidents and a centralized location for emergency response and recovery operations in Porterville and the greater southeastern Tulare County area. The building will also serve as the public safety administrative building with the location’s proximity to Fire Station 71 and the Porterville Police Department.

The design will also incorporate a memorial area to honor Fire Captain Ramon “Ray” Figueroa and Firefighter Patrick Jones who both tragically lost their lives during the catastrophic Library fire on February 18, 2020.

II. Scope and Program
The intent of this report is to assess the potential for the existing Centennial building to be repurposed to serve as the EOC for the City. This would enable the City to further expand Fire Station 71 onto the former library site to better accommodate the apparatus and staffing needs of the Department. The report provides a detailed discussion of upgrades necessary at the existing building, as well as an overview of how the existing library site could be utilized for these purposes as well. The following are some basic outlines of recommended program, scope and functional upgrades:
• Use of the Centennial Building requires maintaining some structural elements/walls within the existing building. This impacts the design layout of the space to some extent but workable solutions exist to accommodate all the desired functions. • The various users of the facility have differing space needs and the proposed plan attempts to most reasonably accommodate these various needs within the constraints of the space.
• Enclosing the full balcony areas (top and bottom) can be considered if additional space is needed
• The plan for the former library site was considered to also accommodate the fire station improvements. To maximize functionality of Fire Station 71 to accommodate both functional/health and safety improvements, but to accommodate changes to fire apparatus needs as well.
9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 Centennial Building - E Thurman Avenue Feasibility Analysis Civil Summary of Work:
• Exterior pavement and handrails remodeled in 2018 per record drawings provided (north and west sides), however cross-slopes appear to be exceeded in some places. • Existing pavement along south side of building is distressed, likely due to settling of column foundations. Suggest assessment by geotechnical engineer if any further settlement is expected. Consider replacement of pavement, especially if cross-slopes exceed 2%.
• No new exterior doors proposed.
• As building is existing and any pavement improvements may be accessibility related, no storm water improvements are required, roof may discharge as it does in existing condition. May consider adding downspout filters as a minimum. • Existing water service and meters are provided on Thurman. Adequacy of existing size dependent on if increases in fixture units.
• Ex building does not appear to be sprinklered. If not currently sprinklered, new fire service lateral and backflow needed. Placing backflow and bringing lateral in from Thurman (north side) may be the best.
• Sewer, electrical, gas enter building from alley on east side. • Overhead power runs through the alley. Existing transformer adjacent to building. • Alley is tight due to width and presence of power poles and trash for both adjacent properties. Space for generator and larger transformer to be considered. • Full site plan and topographic survey needed to further evaluate. • A topographic survey and/or CASP survey is recommended, depending on extent of site improvements.

Structural Summary of Work:
• The proposed change in structural risk category from II, business, to IV, essential services, requires the building being upgraded to meeting current code per Existing Building Code Section 506.4.3. The existing lateral force resisting system is overstressed for the increased seismic forces, in terms of lateral capacity, sill plate anchorage and overturning resistance due to the increased forces. The proposed retrofit will include adding new shear walls, strengthening current walls with increased nailing and strengthening overturning resistance with new holdowns and potentially pad footings.

Structural Priority: Required
• Current code requires the 2nd floor exitways to be designed for 80 pounds per square foot. Based on the original drawings and calculations the 2nd floor was design for 50 pounds per square foot. Exitways will be strengthened by doubling existing joists where required to meet code required loading. Structural Priority: Required • An interior partially grout concrete masonry unit (CMU) wall occurs between the tenant spaces along the west side of the building and the Serra View Medical Center. Partially grouted CMU walls are not a permitted system in a Risk Category IV structure. Structural retrofit will include adding new posts to support beams and new wood framed shear wall to resist lateral forces and brace the wall for out-of-plane forces. An alternate 9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 strengthening option, such as fiber reinforce polymer (FRP) may be considered if new wall framing conflicts with occupied spaces. Structural Priority: Required • If the city chooses to not upgrade the building to a structural risk category IV use the building meets the benchmark criteria for a risk category II use and the above items would not be triggered.
• Non-structural elements were not reviewed, however tKH proposed change in risk category requires upgrading the building to current code per Existing Building Code Section 506.4.

This includes, but not limited to, anchorage of MEP equipment and bracing of fire sprinklers. Structural Priority: Required
Mechanical Summary of Work:
• Existing roof curbs to be re-used as much as possible for new outdoor units serving new VRF and split system heat pump systems.
• New outside air to new fan coil units delivered by new louvers at overhangs or from new air intakes on the roof.
• All new exhaust systems to discharge at roof. Re-use second floor existing shafts or provide new shafts for exhaust systems on first floor.
• All new outdoor mechanical equipment located on the roof. Existing roof may require additional support depending on weight of new equipment.

Plumbing Summary of Work:
• Utility closet for new gas water heater required.
• New sanitary sewer, hot and cold water lines to new restrooms, break rooms, and equipment as required.

Electrical Summary of Work:
• The existing building was previously set up for multi-tenant use. • The existing building is fed from a PG&E pad mounted transformer located on property. • The existing transformer is located in the alley, which feeds an existing 1600A 208Y/120V 3PH 4W switchboard.
• The existing primary service is supplied from an overhead PG&E line, via pole riser. • The existing transformer is sufficient for the proposed building loads. • The existing multitenant switchboard will be replaced with a single PG&E meter, and distribution breakers.
• A generator section will be added to provide the switchboard with standby backup power. • The existing telecom service is supplied from a telecom handhole located in the alley. • The first floor is currently in use by the City of Porterville Library Storage and Crime Division. The first floor has a kitchen service with GFCI protected food service devices and electrical panel. The second floor is currently in use by the City of Porterville children’s activity, library support, and general training space. • The existing electrical service is in a multimeter stack configuration, with (8) PG&E Submeters.
• The existing tenant panels are 70A single phase and will need to be replaced. • The existing receptacles, lights, controls, and branch circuit devices will need to be replaced for the new program.
• The existing interior lighting is a combination of Linear Fluorescent, and LED retrofits.

Lighting controls are localized on off switches, with motion controls in select locations. • The existing exterior lighting is a mixture of fluorescent, metal halide, and LED retrofit sources. Lighting controls are timeclock based.
• The building does not have a central telecom room. One will need to be constructed for the new building’s use.
• A 300kW 208Y/120V 3PH 4W will be required to provide standby power for the full building. A 72-hour base tank will be provided.
• A generator bypass board with camlocks for portable generator connection and load bank will be provided.
9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 40 West Cleveland Avenue New Building Feasibility Analysis Civil Summary of Work:
• Existing site to be demolished (all existing paving, slab, foundations). • Public improvements needed behind curb along Hockett and Thurman. • Return apron to back of ex fire station not adequate, especially for trucks returning from the south. From Hockett curb a driveway perpendicular to the road is needed for 10-ft, then start 30-ft radius turn, all 30-ft wide. Hockett street is only 36-ft wide, with parking on both sides limiting truck turning.
• Minimal grading due to existing flat site.
• Water and Fire Service to come from new laterals in Hockett or Thurman, space needed for backflows on site. Fire riser to be located on north or west side of building. • Sewer service to come from alley, east side of building. • Electrical, communications, and gas all come from alley, east side of building. • No parking proposed (street parking available, as well as parking at nearby City facilities) • Drainage - it appears the site drains northeast to inlet at alley/Thurman. Treatment of runoff will be required via biofiltration basins, raised planters along building, tree wells, modular wetland units or other methods. The direction of roof drainage, location of downspouts, and depth of existing public drainage system will impact the feasibility of treatment method. Small pump may be needed. No storage needed due to existing vs proposed impervious area.
• Full site plan and topographic survey needed to further evaluate.

Structural Summary of Work:
• The new building will be designed to meet structural risk category IV, essential services.

The design may require additional structural upgrades to accommodate the potential collapse impacts from the existing fire station building and/or cell tower. The exact impact of this is still to be determined based on final design layout.

Mechanical Summary of Work:
• Ventilation to all fan coil units provided by supply fan located on the roof. Shaft space required for ductwork vertical transport from first floor to the roof. • All exhaust systems to discharge at roof. Shaft space required for ductwork vertical transport from first floor to the roof.

Plumbing Summary of Work:
• Utility closet for new gas water heater required.
• New sanitary sewer, hot and cold water lines to all restrooms, break rooms, and equipment as required.

Electrical Summary of Work:
• The existing building was a library that was demolished by the city following a fire. • The existing building was previously fed from a PG&E pad mounted transformer located on the project site.
• A new pad mounted transformer for the proposed building loads. • A new 800A exterior switchboard will be provided to serve fire station loads. 9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 • The existing telecom service is supplied from a telecom handhole located in the alley. • A new interior telecom room will be required to house station telecom, alerting, • A generator section and ATS will be added to provide the switchboard with standby backup power.
• A 270kW 208Y/120V 3PH 4W will be required to provide standby power for the full building. A 72-hour base tank will be provided.
• A generator bypass board with camlocks for portable generator connection and load bank will be provided.
• A communication between the traffic signal an apparatus bay will be provided on the site for safe fire truck exit.

III. Recommendations
After a review of the building program and assessing several potential building layouts it is clear that the existing Centennial Building can accommodate all of the desired needs for Fire, Police and City EOC requirements and is the recommended approach. Utilizing this existing building will not only be a more cost effective approach to provide the necessary City facilities, but will enable the City to further develop the former Library site as an expansion of Fire Station 71, as well as a memorial for the firefighters lost LQ the library fire. 9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 Appendix A: Building Program

CONCEPTUAL SPACE NEEDS OUTLINE
Porterville EOC
Preliminary Program and Space Needs Assessment
6-May-24
1 1
1 1
1 3
8 FD Chief 1
FD Deputy Chief 1
FD Battalion Chief 1
FD Fire Marshal 1
FD Fire Inspector 1
FD Clerical Assistant 1
PD Chief 1
PD Assistant Chief 1
PD Captain 2
PD Admin Sergeant 1
PD Training Officer 1
PD Crime Analyst 1
PD Clerical Assistant 2
PD Dispatch 8
23 General Layout
No. Requirement Space Attributes
1 Preferred Location 15 East Thurman Ave. Porterville CA 93257 2 Alt. Location 40 West Cleveland Ave. Porterville CA 93257 3 Site Security
4 Potential for Roof Solar
Fire Marshal
Date Completed:

PUBLIC SAFETY - FIRE / ADMIN PERSONNEL DESIGN PARAMETERS District Chief
Chief
Battalion Chief
Total Personnel

GENERAL PROJECT CRITERIA
Type of Space:

PUBLIC SAFETY - POLICE / ADMIN PERSONNEL DESIGN PARAMETERS Total Personnel
Fire Inspector
Code Enforcement Officer
Comments
A.P.N. 253-192-006
A.P.N. 252-184-001
COAR Design Group | www.coargroup.com | 619.698.9177 Page 1 of 3

CONCEPTUAL SPACE NEEDS OUTLINE
Administration
No. Requirement Space Attributes SF Size Comments
1 Lobby 300 20x15
2 Public Restroom (1) Single Occupancy Restroom, Accessed from Exterior 65 8x8 3 Staff Restroom (1) Single Occupancy Restroom 65 8x8
4dƌĂŝŶŝŶŐͬŽŶĨĞƌĞŶĐĞϰ00 16x25 5 (M) Shower/Locker 2 Showers (1 ADA), (10) 2-tier lockers 240 12x20 6 (W) Shower/Locker 2 Showers (1 ADA), (10) 2-tier lockers 240 12x20 7 (W) Multi- Occupant Restroom 2 WC with 2 LAV 200 10x20 8 (M) Multi- Occupant Restroom 1 WC, 1 URINAL with 2 LAV 200 10x20 9 Electrical 80 9x9
10 Custodial 25 5x5
11 Storage Distributed throughout floor 200 -
2,015
EOC
1 EOC 1,400 25x40
2 Breakout Rooms (3) Rooms with Conference Table Seating for (6) 600 10x15 Large Breakout Room (1) Room with Conference Table Seating for (10) 200 10x20 3 Server Room 350 25x14
4 Break Room 100 13x10
5 EOC Office (1) Office with single worksation 150 15x10 2,800
Parks Administration
1 Lobby 120 10x12
2 Restroom (1) Single Occupancy Restroom 65 8X8
3 Director Office 140 10x14
4 Assistant Director Office 130 10x13
5 Open Office (2) workstations 270 15x18
6 Storage 40 8X5
765
Fire & Police Admin
No. Requirement Space Attributes SF Size Comments
1 Small Conference Room Conference Table Seating for (8) 200 12x17 2 FD Chief Office 320 20x16 3 FD - Deputy Chief 150 15x10
4 FD - Batallion Chief 150 15x10
5 FD - Fire Marshal 150 15x10
6 FD - Fire Inspector 150 15x10
7 FD - Clerical Assistant Open office with (1) desk 40 8X5 8 FD - Office (2) Offices for future growth 150 15x10
9 Dispatch Open Office with space for up to (8) workstations 750 30x25 10 PD Chief Office 320 20x16 11 PD - Assistant Chief 150 15x10
12 PD - Captain (2) Offices 300 15x10
13 PD - Admin Sergeant 150 15x10
14 PD- Training Officer 150 15x10
15 PD - Crime Analysis 150 15x10
16 PD - Clerical Assistance Open office with (2) desks 80 8X10 17 Custodial 50 5x10
18 (M) Multi- Occupant Restroom 2 WC with 2 LAV 200 10x20 19 (M) Multi- Occupant Restroom 1 WC, 1 URINAL with 2 LAV 200 10x20 20 Storage Distributed throughout floor 200 10x10
21 Staff Single Restroom (2) Single Occupancy Restrooms 130 8x8 ADMINISTRATION SUBTOTAL: 4,140

FIRST FLOOR - ADMINISTRATION, EOC, AND PARKS
Type of Space: Space Standards
ADMINISTRATION SUBTOTAL:

SECOND FLOOR - ADMINISTRATION
Type of Space: Space Standards
EOC SUBTOTAL:

Type of Space: Space Standards
Type of Space: Space Standards
PARKS ADMINISTRATION SUBTOTAL:

COAR Design Group | www.coargroup.com | 619.698.9177 Page 2 of 3

CONCEPTUAL SPACE NEEDS OUTLINE
SF Comments
1st Floor Total 5,580
2nd Floor Total 4,140
BUILDING SUBTOTAL (SF) 9,720
Circulation/Structure at 30% of Subtotal 2,916
EOC GRAND TOTAL (SF) 12,636

SPACE NEEDS SUMMARY
COAR Design Group | www.coargroup.com | 619.698.9177 Page 3 of 3 9640 Granite Ridge Drive, Suite 130, San Diego, CA 92123 | www.coargroup.com | 619.698.9177 Appendix B: Engineering Reports
• Structural
• Electrical

Seismic Evaluation Report
Centennial Plaza – Proposed EOC
296 Main St, Porterville CA
ZFA Project: 23791
February 21, 2024
Prepared For:

COAR Design Group
Santa Rosa, CA
Prepared By:

Cameron Grant, Designer
Luke Wilson, Principal in Charge
SEISMIC EVALUATION REPORT – Porterville EOC | 1
Centennial Plaza, 296 N Main St, Porterville CA

TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................................................2 INTRODUCTION ........................................................................................................................................................3 EVALUATION OVERVIEW ........................................................................................................................................3 STRUCTURE OVERVIEW .........................................................................................................................................4 General Site Description .........................................................................................................................................4 General Objective of Evaluation .............................................................................................................................4 Site Seismicity (Earthquake Activity) ......................................................................................................................5 Change in Structural Risk Category .......................................................................................................................6 Structural System and Materials Description .........................................................................................................8 Building Type ..........................................................................................................................................................9 Historical Performance ...........................................................................................................................................9 Benchmark Buildings ..............................................................................................................................................9 FINDINGS AND RECOMMENDATIONS ...................................................................................................................9 Structural ................................................................................................................................................................9 CONCEPT STRUCTURAL IMPLICATIONS FOR CHANGE TO EMERGENCY OPERATION CENTER USE: ... 12 RELIABILITY OF SEISMIC EVALUATIONS .......................................................................................................... 13 CLOSING ................................................................................................................................................................ 13 APPENDIX A – PHOTOGRAPHS .......................................................................................................................... 14 APPENDIX B – MAPS ............................................................................................................................................ 16 Location Map ....................................................................................................................................................... 17 Aerial View of Location ........................................................................................................................................ 18 Liquefaction Susceptibility Map ........................................................................................................................... 19 Surface Fault Rupture Map ................................................................................................................................. 20 APPENDIX C – SUMMARY DATA SHEET ............................................................................................................ 21 Summary Data Sheet .......................................................................................................................................... 22 Material Properties ............................................................................................................................................... 23 APPENDIX D –TIER 1 CHECKLISTS .................................................................................................................... 24 APPENDIX E – STRUCTURAL CALCULATIONS ................................................................................................. 41 SEISMIC EVALUATION REPORT – Porterville EOC | 2
Centennial Plaza, 296 N Main St, Porterville CA

EXECUTIVE SUMMARY
The Centennial Plaza Building, the proposed future site of the new emergency operations center for the City of Porterville, located at 296 North Main Street, has been reviewed for Immediate Occupancy performance level using the ASCE 41-17 Standard for Seismic Evaluation and Retrofit of Existing Buildings, Tier 1 and Tier 2 Evaluations. The building was reviewed using the original construction documents, original structural calculations, structural Tier 1 checklists, and site visits. Non-structural elements were not included in the scope of this review. Items indicated as non-compliant by Tier 1 checklists were reviewed using Tier 2 evaluation procedures. Additional non-seismic change in occupancy implications were evaluated as well as part of this review.

The review resulted in the following structural and geotechnical findings and recommendations for improvement in order of significance:

STRUCTURAL
• The proposed change in structural risk category from II, business, to IV, essential services, requires the building being upgraded to meeting current code per Existing Building Code Section 506.4.3. The existing lateral force resisting system is overstressed for the increased seismic forces, in terms of lateral capacity, sill plate anchorage and overturning resistance due to the increased forces. The proposed retrofit will include adding new shear walls, strengthening current walls with increased nailing and strengthening overturning resistance with new holdowns and potentially pad footings. Structural Priority: Required • Current code requires the 2nd floor exitways to be designed for 80 pounds per square foot. Based on the original drawings and calculations the 2nd floor was design for 50 pounds per square foot.

Exitways will be strengthened by doubling existing joists where required to meet code required loading. Structural Priority: Required
• An interior partially grout concrete masonry unit (CMU) wall occurs between the tenant spaces along the west side of the building and the Serra View Medical Center. Partially grouted CMU walls are not a permitted system in a Risk Category IV structure. Structural retrofit will include adding new posts to support beams and new wood framed shear wall to resist lateral forces and brace the wall for out-of-plane forces. An alternate strengthening option, such as fiber reinforce polymer (FRP) may be considered if new wall framing conflicts with occupied spaces. Structural Priority: Required
• If the city chooses to not upgrade the building to a structural risk category IV use the building meets the benchmark criteria for a risk category II use and the above items would not be triggered.

NON-STRUCTURAL
• Non-structural elements were not reviewed, however to proposed change in risk category requires upgrading the building to current code per Existing Building Code Section 506.4. This includes, but not limited to, anchorage of MEP equipment and bracing of fire sprinklers. Structural Priority: Required
The following evaluation report details our findings.

SEISMIC EVALUATION REPORT – Porterville EOC | 3
Centennial Plaza, 296 N Main St, Porterville CA

INTRODUCTION
The purpose of this evaluation is to review and evaluate the structural systems of the subject building using criteria provided by ASCE 41-17. The evaluation criteria have been tailored for specific building types and desired levels of building performance. This standard is based on criteria developed from observation of structural and non-structural damage occurring in previous earthquakes and provides a means to identify general deficiencies based on anticipated behavior of specific building types.

The evaluation begins with a Screening Phase (Tier 1) to assess primary components and connections in the seismic force resisting system through the use of standard checklists and simplified structural calculations.

Checklist items are general in nature and are intended to highlight building components that do not exceed conservative construction guidelines. If the element is compliant, it is anticipated to perform adequately under seismic loading without additional review or strengthening. Items indicated as non-compliant in a Tier 1 checklist are considered potential deficiencies that require further analysis.

A limited, deficiency-based Evaluation Phase (Tier 2) can then be used to review the items determined to be potential deficiencies by Tier 1 checklists and simplified calculations. Non-compliant items are evaluated for calculated linear seismic demand as determined by ASCE 41-17. If the elements are compliant per Tier 2 analysis, the Tier 1 deficiency is waived. However, if the element remains non-compliant after the more detailed Tier 2 analysis, repair or remediation of the deficiency is recommended.

In certain cases, a more detailed Systematic Evaluation (Tier 3) may be more appropriate for complex structures where a Tier 2 analysis may be considered significantly conservative. A Tier 3 structural evaluation generally requires a substantially greater level of effort than a Tier 2 review.

EVALUATION OVERVIEW
This seismic evaluation report for the existing buildings located at The Centennial Plaza Building in Porterville, CA, is based on the following:
• The American Society of Civil Engineers/ Structural Engineering Institute (ASCE/SEI 41-17) Standard for Seismic Evaluation and Retrofit of Existing Buildings - Tier 1 and Tier 2 (non-compliant items only), Immediate Occupancy level structural evaluation criteria. • One site visit for general review of structures performed on 12/05/23. No destructive testing or removal of finishes was performed or included in scope.
• Review of following original drawings:
o Structural and Architectural drawings by Dennis A. Townsend, Townsend Architectural Group (2006).
o Structural Calculations prepared by Michael D. Jundt, Associated Design and Engineering Inc (2006).
• Existing material properties as indicated in Appendix C. • Review of following geotechnical report:
o Geotechnical Investigation by Consolidated Testing Laboratories, INC (File No. 6403-05, December 2005).

SEISMIC EVALUATION REPORT – Porterville EOC | 4
Centennial Plaza, 296 N Main St, Porterville CA
• Review of non-structural elements is not included.

STRUCTURE OVERVIEW
General Site Description
The building is located on a flat lot, approximately 1.3 miles east of Highway 65 and approximately 1.4 miles north of highway 160 in Porterville on Main St and Thurman Ave. The building was originally built as an office and tenant space and is currently functions as an office building.

General Objective of Evaluation
The City of Porterville (City) requested a seismic evaluation to identify potential seismic remediations required to bring the building into current standards by performing an ASCE 41 Tier 1 & Tier 2 evaluation to the Immediate Occupancy performance level. The City’s stated goal is to determine if the current building is constructed to or can be modified to be an “Essential Services Building”. According to Table 1604.5 of the 2022 California Building Code (CBC), essential facilities “designated emergency preparedness, communications and operations centers and other facilities required for emergency response” are assigned to Risk Category IV.

ASCE 41 contains predefined Seismic Hazard Levels. Basic Safety Earthquake (BSE) levels BSE-1E and BSE2E are for use with the Basic Performance Objective for Existing Buildings. BSE-1N and BSE-2N for use with the Basic Performance Objective Equivalent to New Building Standards. Typically, an ASCE 41 Tier 1 & Tier 2 evaluation would utilize the BSE-1E level forces. However, there are various factors outlined in the 2022 California Existing Building Code (CEBC) that trigger a more in-depth analysis under the Basic Performance Objective Equivalent to New Building Standards. One of the factors is described in Section 506.4.3 of the CEBC:

Where a change of occupancy results in a building being assigned to a higher risk category, the building shall satisfy the requirements of Section 1613 of the California Building Code for the new risk category using full seismic forces.

Section 303 of the CEBC outlines the requirements for structural design loads and evaluation and design procedures. The statement “full seismic forces” in Section 506.4.3 means Section 303.3.1 (Compliance with full seismic forces) must be used for the analysis. The criteria utilized for this evaluation is in accordance with Table 303.3.1, which requires BSE-1N earthquake hazard level.

Structural Performance Objective:

Per ASCE 41-17, a structural performance objective consists of a target performance level for structural elements in combination with a specific seismic hazard level. For seismic assessment of the subject building, the Basic Performance Objective for New Buildings (BPON) is used.

For the purposes of this review to the BPON, the specified level of structural performance is Immediate Occupancy (1-A) for this essential structure (Risk Category IV as defined by ASCE 7). The Immediate Occupancy Performance Level as described by ASCE/SEI 41-17: ‘Structural Performance Level S-1 is defined as the post-earthquake damage state in which a structure remains safe to occupy and essentially retains its preearthquake strength and stiffness.’ The structure is reviewed in accordance with the requirements of Table 2-3 of ASCE 41-17 for Tier 1 and Tier 2 procedures. For this Risk Category IV structure, the Immediate Occupancy structural performance level is evaluated to the BSE-1N seismic hazard level.

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Site Seismicity (Earthquake Activity)
Per ASCE 41-17, ‘seismicity’, or the potential for ground motion, is classified into regions defined as Very Low, Low, Moderate, or High. These regions are based upon mapped site accelerations Ss and S1 which are then modified by site coefficients Fa and Fv to produce the Design Spectral Accelerations, SDS (short period) and SD1 (1-second period). The successful performance of buildings in areas of high seismicity depends on a combination of strength, ductility of structural components, and the presence of a fully interconnected, balanced, and complete seismic force-resisting system. Where buildings occur in lower levels of seismicity, the strength and ductility required for better performance is significantly reduced, and building components or connections with additional strength capacity can in some cases be adequate despite lacking ductility.

Since sufficient data for determination of building Site Class at the subject site was not provided for review, a soil profile of Site Class D by Default shall be assumed per ASCE 7-16 Section 20.1 as referenced in Section 2.4.1.6 in ASCE 41-17. Site coefficients Fa and Fv shall be determined based on this site class as well as the requirements of ASCE 7-16 Section 11.4.4.

Per the site values indicated by USGS data and evaluated using seismic acceleration equations and tables of ASCE 41-17, Level of Seismicity (Section 2.5) for this site is indicated to be High, with a design short-period spectral response acceleration parameter (SDS) of 0.772g and a design spectral response acceleration parameter at a one second period (SD1) of 0.728g associated with the BSE-2N seismic hazard level. Per the table shown below, both of these parameters exceed the lower boundaries for High Level of Seismicity classification, 0.5g for SDS and 0.2g for SD1.

Level of Seismicity* SDS SD1
Very Low < 0.167g < 0.067g
Low ≥ 0.167g
< 0.330g
≥ 0.067g
< 0.133g
Moderate ≥ 0.330g
< 0.500g
≥ 0.133g
< 0.200g
High ≥ 0.500g ≥ 0.200g
*Where SDS and SD1 values fall in different levels of seismicity, the higher level shall be used.

The spectral response parameters SS and S1 were obtained for the BSE-1N seismic hazard level for new structures (BPON). The acceleration values were adjusted for the maximum direction and site class in accordance with ASCE 41 Section 2.4.1 to determine the design values for the Tier 1 and Tier 2 analyses.

The following charts depict the response spectra for the multiple seismic hazard levels defined by ASE 41-17, two existing hazard levels and two hazard levels corresponding to code design of new structures (ASCE 7).

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Seismic Hazard
Level* Building Code Reference Design Spectral
Acceleration Sa
(T)
BSE-1E ASCE 41-17 (20%/50yr) 0.21g
BSE-1N ASCE 7-16 Design Basis Earthquake (DBE) 0.51g
BSE-2E ASCE 41-17 (5%/50yr) 0.42g
BSE-2N ASCE 7-16 Maximum Considered Earthquake
(MCE) 0.77g
* Seismic hazard levels denoted with 'E' for existing buildings or 'N' for new building equivalency. 0 0.2

0.4 0.6

0.8 1
0 0.2 0.4 0.6 0.8 1 1.2 1.4
Spectral Acceleration (g)
Period (sec)
BSE-1E
BSE-1N
BSE-2E
BSE-2N
g
Change in Structural Risk Category
The City’s stated goal to modify the building from an office building to an Essential Services Building represents a change in structural risk category. Per the California Existing Building Code (CEBC) a change in Risk Category triggers the building being evaluated, and strengthened as required, to current code.

Section 506.4.3 of the CEBC:

Maximum Considered
Earthquake (BSE-2N)
ASCE 41-17 20%/50 yr
(BSE-1E)
New Construction
Seismic Hazard (BSE-1N)
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Where a change of occupancy results in a building being assigned to a higher risk category, the building shall satisfy the requirements of Section 1613 of the California Building Code for the new risk category using full seismic forces.

Figure 1: Table from 2019 CEBC

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Structural System and Materials Description
General
The building is approximately 13,000 square feet and is two stories. The building was originally constructed for the use as an office space and several leased tenant spaces. There is an exterior covered balcony at the upper floor along the south elevation.

Roof Framing
The structure is approximately 30’-0” tall with a 1 ½ inch to 12-inch slope. Floor to floor height is approximately 14’-7”. The roof structure is wood framed with plywood sheathing over 14-inch TJI rafters at 24 inches on center, supported by bearing walls at the exterior and a combination of bearing walls or glulam beams at the interior.

Glulam beams are 5 ½ x 19 ½ inch and 6 ¾ x 22 ½ inch. Glulam beams are supported by 6x6 or 6x8 wood posts.

Second Floor Framing
Second floor structure consists of plywood sheathing over 16 inch TJI joists at 24 inches on center typically, with tightened spacing at one location where spans are larger. Joists are supported by bearing walls and a 7x18 inch PSL beam in one location. This beam is supported by 5x5x1/4 tube steel columns. The second floor has a balcony which is supported by 11 7/8 inch TJI joists which are supported by exterior walls and a 5 1/8x12 inch glulam beam.

Walls
Typical exterior walls and interior bearing walls are 2x6 Douglas Fir #2 studs at 16 inches on center. An 8 inch partially grouted concrete masonry unit wall with #5 rebar at 24 inches on center each way bisects the building and is continuous from foundation to top of roof elevation.

Seismic Force-Resisting System
The lateral force resisting system is primarily wood shear walls, with one CMU shear wall in the north-south direction. The roof diaphragms consist of ½ inch plywood unblocked with 8d nails at 6 inches on center with blocking provided at specific locations shown on plan. The floor diaphragm consists of ¾ inch plywood unblocked with 10d nails at 6 inch on center with blocking provided at specific locations shown on plan.

Foundations
The foundation system consists of shallow foundations that include a 4-inch concrete slab on grade floor that spans between 12 to 15 inches wide by 12 to 18 inches deep continuous footings. Interior pad footings occur at some wood posts and at all tube steel posts.

Field Verification and Condition Assessment
The structure appears to be in generally good structural condition with minimal structural damage or deterioration apparent and appears to be constructed in general accordance with the provided structural drawings. There appeared to be multiple shrinkage or temperature cracks in the stucco finish throughout the building. These are not considered a structural issue. The exterior sidewalk below the covered porch area was cracked around the columns. The stucco around the columns and ceiling where not cracked beyond the shrinkage cracking previously mentioned therefore it does not appear that settlement caused the cracking. This is a non-structural sidewalk area and is not considered part of the structural system.

Material Properties
Basic properties for existing structural materials found on existing building documentation, through testing or ASCE 41 code prescribed minimum structural values utilized in the analysis calculations can be found in Appendix C.

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Building Type
Per ASCE/SEI 41-17, this building can be classified as Building Type W2: Wood Frames, Commercial and Industrial. As described by ASCE/SEI 41-17: ‘These buildings are commercial or industrial buildings with a floor area of 5,000 square feet or more. There are few, if any, interior walls. The floor and roof framing consists of wood or steel trusses, glulam or steel beams, and wood posts or steel columns. The foundation system may consist of a variety of elements. Seismic forces are resisted by flexible diaphragms and exterior stud walls sheathed with plywood, oriented strand board, stucco, plaster, straight or diagonal wood sheathing, or braced with various forms of bracing. Wall openings for storefronts and garages, where present, are framed by post-andbeam framing.’ Historical Performance
Modern wood frame structures detailed to resist seismic loads were generally not built prior to 1934, except for public schools in high seismic areas. In general, seismic provisions for wood framed structures started to be incorporated into building codes in the 1950’s. After 1970, well-defined lateral-force-resisting systems were usually incorporated as part of the design in high seismic areas. Seismic performance of these types of structures is dependent on proper detailing and quality of construction. Wood framed structures with diagonal lumber or plywood sheathed shear wall systems have demonstrated adequate performance in past earthquakes provided they had low height-to-length aspect ratios, acted as a unit, had an adequate number of shear walls, and were reasonably symmetric in plan and elevation. In particular, plywood shear wall systems with height-to-length aspect ratios less than 2-to-1 typically provide acceptable earthquake load resistance strength. However, plywood shear walls generally require hold-downs at each end to resist overturning especially in multistory structures.

Benchmark Buildings
In addition to classifying buildings by type of construction, ASCE 41-17 identifies ‘Benchmark Buildings’ for each type (Section 3.3). The detailing of seismic force-resisting systems in Benchmark Buildings is generally considered to satisfy the performance requirements of ASCE 41-17 for the Collapse Prevention seismic performance level for the BSE-2E seismic hazard level. When a building is determined to meet Benchmark Building requirements through field verification of construction compliant with benchmark code requirements, only review of foundation and non-structural elements is required. However, because the anticipated performance requirements for a Benchmark Building do not meet the BPOE standards required for this Risk Category IV structure, regardless of referenced design standards utilized for design of this building, a full Tier 1 analysis is required.

FINDINGS AND RECOMMENDATIONS
Structural
The ASCE 41-17 Tier 1 Basic Immediate Occupancy and Building Type Specific Checklists indicate the primary building structure as non-compliant in four (4) areas for Immediate Occupancy Performance. a. SHEAR STRESS CHECK: The shear stress in the shear walls, calculated using the Quick Check procedure of Section 4.4.3.3, is less than the following values (Commentary: Sec. A.3.2.7.1. Tier 2: Sec. 5.5.3.1.1):
i. Structural panel sheathing 1,000 lb/ft
ii. Diagonal sheathing 700 lb/ft
iii. Straight sheathing 100 lb/ft
iv. All other conditions 100 lb/ft
FINDINGS: Average shear stress for each wall line was calculated in accordance with the Tier 1 quick check procedure. It was found that three of four shear walls at the first-floor shear stresses exceed the allowable shear stress limit of 1,000lb/ft.

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Additional Tier 2 analysis was performed for these three wall lines utilizing shear wall capacities per existing drawings. Calculated shear wall capacities exceed Tier 2 level demands.

RECCOMENDATION: Shear wall strengthening at highly loaded walls is recommended.

Additional nailing and plywood (where existing plywood is inaccessible) may be applied to shear walls such that shear capacity is adequate for demands. Holdown elements should be strengthened as well at all wall locations to resist overturning forces. Additional post installed sill bolts may be required to resist shear demands at some locations. b. NARROW WOOD SHEAR WALLS: Narrow wood shear walls with an aspect ratio greater than

1.5-to-1 are not used to resist seismic forces. (Commentary: Sec. A.3.2.7.4. Tier 2: Sec.

5.5.3.6.1)
FINDINGS: Narrow walls with aspect ratios greater than 1.5-to-1 occur throughout the structure.

Per existing drawings, walls at the second level and one wall at the lower level have strapping at openings, reducing the aspect ratio, and therefore rendering them compliant. The remaining three wall lines at the lower level are composed of wall piers that do not meet aspect ratio requirements, and resultingly were evaluated for overturning forces. Note, per existing structural calculations these walls were designed to have strapping similar to all other walls, though these are not indicated in the drawing set.

Through overturning analysis, existing hardware provided to resist overturning is not adequate for Tier 2 level seismic demands.

RECCOMENDATION: See shear wall strengthening recommendations outlined in item a above.

Holdowns provided at upper walls are likely not adequate for demands, though their analysis is not triggered by the Tier 1 checklist. Strengthening upper wall holdown elements is recommended. Further site investigation can be provided to determine if strapping in provided calculations was provided in the field.
c. DIAGONALLY SHEATHED AND UNBLOCKED DIAPHRAGMS: All diagonally sheathed or unblocked wood structural panel diaphragms have horizontal spans less than 30 ft and aspect ratios less than or equal to 3-to-1. (Commentary: Sec. A.4.2.3. Tier 2: Sec. 5.6.2) FINDINGS: Diaphragm spans at both the roof and second floor are primarily unblocked and exceed the Tier 1 requirement of 30 ft.

Tier 2 level diaphragm demands were calculated and compared with capacities determined from existing drawing specifications. Diaphragm capacities exceed Tier 2 level demands and are therefore complaint.

RECCOMENDATION: Diaphragm strengthening is not structurally necessary. d. WOOD SILL BOLTS: Sill bolts are spaced at 4ft or less with acceptable edge and end distance provided for wood and concrete. (Commentary: Sec. A.5.3.7. Tier 2: Sec. 5.7.3.3) FINDINGS: Typical sill bolt spacing per existing drawings is 72” oc, which is less than the Tier 1 required 48” oc. Reduced spacing is indicted at shear wall locations.

Sill bolt shear capacities at each exterior (shear) wall lines were evaluated against Tier 2 shear demands. Sill bolt spacing was found to not be adequate for shear demands.

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RECCOMENDATION: See shear wall strengthening recommendations outlined in item a above.

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CONCEPT STRUCTURAL IMPLICATIONS FOR CHANGE TO EMERGENCY OPERATION CENTER USE:

The building was designed and constructed per 2001 California Building Code (CBC) as an office building, Risk Category II occupancy and is being proposed to house an Emergency Operations Center for the city of Porterville, which is a Risk Category IV occupancy. The proposed change will require the building to be reviewed and strengthened/retrofitted as required to meet current code, 2022 CBC.

A summary of non-seismic code required modifications and potential structural implications are summarized as follows.

Vertical/Gravity Framing Items:

Required design live loads have changed from the 2001 CBC to current code. While the typical office area loads are consistent with the original design loads, there are now additional requirements for exit corridors and lobbies.

The summary of new versus existing loading is as noted below:
2001 CBC Design Criteria 2022 CBC Code Design Criteria
Roof Loading 20 psf Roof Loading 20 psf
Office Loading 50 psf Office Loading 50 psf
Storage Areas 150 psf Light Storage Areas 125 psf
Partitions 20 psf Heavy Storage Areas 250 psf
Partitions 15 psf
2 nd floor lobbies 80 psf
2 nd floor corridors 80 psf
Balconies -- Balconies 75 psf (1.5 times live load)
Roof:

Current code does not change the vertical design loads to the roof framing. The structure currently has multiple mechanical units of the roof, if these units are to be replaced with units of higher weights framing members will need to evaluated and possibly strengthened.
2 nd Floor:

Areas of the 2nd floor used for exit ways, lobbies and other uses exceeding the original design load of 50 pounds per square foot will require structural strengthening. This can be achieved by adding additional framing members at required locations.

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RELIABILITY OF SEISMIC EVALUATIONS
In general, structural engineers do not have the ability to predict the exact damage to a building as a result of an earthquake. There will be a wide variation of damage from building to building due to the variations in ground motion and varying types and quality of construction. In addition, engineers cannot predict the exact ground motions of the earthquake that may strike a given building. Design and evaluation of buildings are performed using general guidelines and information from past earthquakes. Engineers and the codes used for design and evaluation have been conservative when attempting to ensure that building design meets minimum standards of life safety. This effort is based on science and technology as well as on observations made from actual seismic events. Building design and evaluation codes are constantly evolving to better meet performance targets based on this information. Continued research will improve predictive methods and facilitate performance-based engineering. It has been estimated that, given design ground motions, a small percent of new buildings and a slightly greater percent of retrofit buildings may fail to meet their expected performance.

CLOSING
The seismic review and analyses associated with this evaluation were based on available original structural drawings, architectural drawings, and structural calculations, and the site reviews were based on that which was plainly visible. No attempt was made to uncover hidden conditions or perform any destructive or non-destructive testing. The items discussed in this report are subject to revision should more information become available.

This report is general in nature and does not imply that the recommendations listed above are the only structural requirements that must be made to the existing structure to meet current code criteria.

We understand you may have questions regarding this evaluation and are available for comment and explanations. Please call with any questions you may have. Thank you for choosing ZFA Structural Engineers to assist you with this building seismic review.

Cameron Grant
Designer
ZFA Structural Engineers
Luke Wilson
Principal
ZFA Structural Engineers

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Centennial Plaza, 296 N Main St, Porterville CA
APPENDIX A – PHOTOGRAPHS

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Photo 1: Centennial Plaza – Northwest Corner
Photo 2: Centennial Plaza – East Side
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Centennial Plaza, 296 N Main St, Porterville CA
APPENDIX B – MAPS
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Centennial Plaza, 296 N Main St, Porterville CA
Location Map
296 N Main St
Porterville, CA
93257
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Centennial Plaza, 296 N Main St, Porterville CA
Aerial View of Location
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Centennial Plaza, 296 N Main St, Porterville CA
Liquefaction Susceptibility Map
Per the CGS Seismic Hazards Program: Liquefaction Map below, the subject site is located in an area that has no probability for liquefaction in a seismic event.

296 N Main St
Porterville, CA
93257
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Centennial Plaza, 296 N Main St, Porterville CA
Surface Fault Rupture Map
No faults are indicated in the vicinity of the subject site, indicating a negligible risk of ground surface rupture.

296 N Main St
Porterville, CA
93257
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APPENDIX C – SUMMARY DATA SHEET
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Summary Data Sheet

BUILDING DATA
Building Name: Centennial Plaza Date: January 2024
Building Address: West Thurman Ave
Latitude: -119.00 Longitude: 36.00 By: ZFA/CWG/LSW
Year Built: 2006 Year(s) Remodeled: N/A Original Design Code: 2001 CBC Area (sf): 13,000 Length (ft): 100 Width (ft): 66
No. of Stories: 2 Story Height: 14 ft Total Height: 30 ft USE Industrial Office Warehouse Hospital Residential Educational Other:

CONSTRUCTION DATA
Gravity Load Structural System: Woof Bearing Walls
Exterior Transverse Walls: Wood Openings? Yes
Exterior Longitudinal Walls: Wood Openings? Yes
Roof Materials/Framing: I-Joists Rafters and Glulam Girders Intermediate Floors/Framing: I-Joist Joists and PSL Beams Ground Floor: Concrete Slab on Ground
Columns: Wood Posts, Tube Steel Foundation: Spread Footings General Condition of Structure: Good
Levels Below Grade? No
Special Features and Comments: CMU Shear Wall Runs in N/S direction

LATERAL-FORCE-RESISTING SYSTEM
Longitudinal Transverse
System: Wood Shear Walls Wood Shear Walls
Vertical Elements: Wood Shear Walls Wood Shear Walls
Diaphragms: Plywood Sheathing Plywood Sheathing
Connections: Nails, Bolts, MFR Steel Hardware Nails, Bolts, MFR Steel Hardware

EVALUATION DATA
BSE-1N Spectral Response
Accelerations:

SDS= 0.772 SD1= 0.728
Soil Factors: Class= D Fa= 1.339 Fv= 2.15
BSE-1E Spectral Response
Accelerations:

SXS= 0.338 SX1= 0.216
Level of Seismicity: High Performance Level: Immediate Occupancy Building Period: T= 0.243 sec
Spectral Acceleration: Sa= 0.515
Modification Factor: CmC1C2= 1.1 Building Weight: W= 510 k V=CmC1C2SaW= 289 k
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BUILDING CLASSIFICATION: W2 – Wood Frames, Commercial and Industrial REQUIRED TIER 1 CHECKLISTS Yes No
Basic Configuration Checklist
Building Type W2 Structural Checklist
Nonstructural Component Checklist
FURTHER EVALUATION REQUIREMENT:

Material Properties
To account for uncertainty in the as-built data, a knowledge factor, κ, is determined according to ASCE 41 Table 6-1. Where material properties are listed in the existing construction documents, a knowledge factor of κ=0.9 is permitted and applied to the component capacities for deformation-controlled and force-controlled actions.

Default Value per
ASCE 41-17, 4.2.3?
Alternate Value Source?
Concrete Table (4-2)
Foundations, Slabs, and
Walls:
f’c= 2500 psi 2006 drawings
Reinforcing Steel Table (4-3)
#5 Bars and Smaller: fy= 40 ksi 2006 drawings
#6 Bars and Larger: fy= 60 ksi 2006 drawings
Structural Steel Tables (4-4), (4-5) 2006 drawings
Beams Fy= 36 ksi 2006 drawings
Tube Columns Fy= 42 ksi
Carpentry
2x Studs DF #2 2006 drawings
2x and 4x Framing
Members
DF #2 2006 drawings
6x Framing Members DF #1 2006 drawings
Sheathing Varies, per SW Schedule 2006 drawings
Engineered Lumber Glulam: 24F-V8, PSL: 2.0E 2006 drawings SEISMIC EVALUATION REPORT – Porterville EOC | 24
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APPENDIX D –TIER 1 CHECKLISTS
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TIER 1 CHECKLISTS
Note: C = Compliant, NC = Noncompliant, N/A = Not Applicable, and U = Unknown.

LOAD PATH: The structure contains a complete, well-defined load path,including structural elements and connections, that serves to transfer theinertial forces associated with the mass of all elements of the building to the foundation. (Commentary: Sec. A.2.1.1. Tier 2: Sec. 5.4.1.1)
Complete (E) drawings.

WALL ANCHORAGE: Exterior concrete or masonry walls that are dependenton the diaphragm for lateral support are anchored for out-of-plane forcesat each diaphragm level with steel anchors, reinforcing dowels, or straps thatare developed into the diaphragm. Connections have adequate strength toresist the connection force calculated in the Quick Check procedure ofSection 4.4.3.7. (Commentary: Sec. A.5.1.1. Tier 2: Sec. 5.7.1.1)
No exterior concrete or masonry walls occur.

Table 17-1. Very Low Seismicity Checklist
Structural Components

C NC N/A U

C NC N/A U
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TIER 1 CHECKLISTS
Note: C = Compliant, NC = Noncompliant, N/A = Not Applicable, and U = Unknown.

LOAD PATH: The structure contains a complete, well-defined load path, including structural elements and connections, that serves to transfer the inertial forces associated with the mass of all elements of the building tothe foundation. (Commentary: Sec. A.2.1.1. Tier 2: Sec. 5.4.1.1)
Complete (E) drawings.

ADJACENT BUILDINGS: The clear distance between the building being evaluated and any adjacent building is greater than 0.5%of the height of the shorter building in low seismicity, 1.0% in moderate seismicity, and 3.0% in high seismicity. (Commentary: Sec. A.2.1.2. Tier 2: Sec. 5.4.1.2) Closest adjacent buliding is is approximately 40 ft away, which is greater than

3.0% of the height of the building (1 ft).

MEZZANINES: Interior mezzanine levels are braced independently from the main structure or are anchored to the seismic-force-resisting elements of the main structure. (Commentary: Sec. A.2.1.3. Tier 2: Sec. 5.4.1.3) Structure does not have mezzanines
WEAK STORY: The sum of the shear strengths of the seismic-force-resisting system in any story in each direction is not less than 80% of the strength in the adjacent story above. (Commentary: Sec. A2.2.2. Tier 2: Sec. 5.4.2.1) See supporting calculations.

SOFT STORY: The stiffness of the seismic-force-resisting system in any story is not less than 70% of the seismic-force-resisting system stiffness in an adjacent story above or less than 80% of the average seismic-force-resisting system stiffness of the three stories above. (Commentary: Sec. A.2.2.3. Tier 2: Sec.

5.4.2.2)
Stiffness of each story is approximately equal (wall aspect ratios vary minimally floor to floor).

VERTICAL IRREGULARITIES: All vertical elements in the seismic-forceresisting system are continuous to the foundation. (Commentary: Sec. A.2.2.4.

Tier 2: Sec. 5.4.2.3)
All shear wall lines stack, walls are designed as FTAO and therefore are continous vertically.

GEOMETRY: There are no changes in the net horizontal dimension of the seismic-force-resisting system of more than 30% in a story relative to adjacent stories, excluding one-story penthouses and mezzanines. (Commentary: Sec.

A.2.2.5. Tier 2: Sec. 5.4.2.4)
Plan dimensions to not vary from story to story.

MASS:There is no change in effective mass of more than 50% from one story to the next. Light roofs, penthouses, and mezzanines need not be considered. (Commentary: Sec. A.2.2.6. Tier 2: Sec. 5.4.2.5)
Mass does not change more than 50% from second floor to roof.

TORSION: The estimated distance between the story center of mass and the story center of rigidity is less than 20% of the building width in either plan dimension. (Commentary: Sec. A.2.2.7. Tier 2: Sec. 5.4.2.6) Estimated center of mass and center of rigidity align.

Table 17-3. Immediate Occupancy Basic Configuration Checklist Low Seismicity
Building System—General
Building System—Building Configuration

C NC N/A U

C NC N/A U
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TIER 1 CHECKLISTS
Note: C = Compliant, NC = Noncompliant, N/A = Not Applicable, and U = Unknown.

Table 17-3. Immediate Occupancy Basic Configuration Checklist LIQUEFACTION: Liquefaction-susceptible, saturated, loose granular soils that could jeopardize the building’s seismic performance do not exist in the foundation soils at depths within 50 ft (15.2 m) under the building. (Commentary:

Sec. A.6.1.1. Tier 2: 5.4.3.1)
Site has very low liquefactoin probability.

SLOPE FAILURE: The building site is located away from potential earthquakeinduced slope failures or rockfalls so that it is unaffected by such failures or is capable of accommodating any predicted movements without failure. (Commentary: Sec. A.6.1.2. Tier 2: 5.4.3.1)
Building site is flat.

SURFACE FAULT RUPTURE: Surface fault rupture and surface displacement at the building site are not anticipated. (Commentary: Sec. A.6.1.3. Tier 2: 5.4.3.1) No known faults are in the vicinity near the site, risk of surface fault rupture is negligible
OVERTURNING:The ratio of the least horizontal dimension of the seismic-forceresisting system at the foundation level to the building height (base/height) is greater than 0.6Sa. (Commentary: Sec. A.6.2.1. Tier 2: Sec. 5.4.3.3) .6Sa = .462. Leas dimension = 66': Height= 30' , 2.2>.46 TIES BETWEEN FOUNDATION ELEMENTS:The foundation has ties adequate to resist seismic forces where footings, piles, and piers are not restrained by beams, slabs, or soils classified as Site Class A, B, or C. (Commentary: Sec.

A.6.2.2. Tier 2: Sec. 5.4.3.4)
Continuous tie footings occur per existing drawings and are restrained by a slab.

Moderate and High Seismicity: Complete the Following Items in Addition to the Items for Low Seismicity.

Foundation Configuration
Low Seismicity (Complete the Following Items in Addition to the Items for Very Low Seismicity) Geologic Site Hazards

C NC N/A U

C NC N/A U
Centennial Plaza, 296 N Main St, Porterville CA
SEISMIC EVALUATION REPORT – Porterville EOC | 28
Centennial Plaza, 296 N Main St, Porterville CA
TIER 1 CHECKLISTS
Table 17-7. Immediate Occupancy Checklist for Building Type W2 Note: C = Compliant, NC = Noncompliant, N/A = Not Applicable, and U = Unknown.

REDUNDANCY: The number of lines of shear walls in each principal direction is greater than or equal to 2. (Commentary: Sec. A.3.2.1.1. Tier 2: Sec. 5.5.1.1) Two wall lines occur in each direction.

SHEAR STRESS CHECK: The shear stress in the shear walls, calculated using the Quick Check procedure of Section 4.4.3.3, is less than the following values (Commentary: Sec. A.3.2.7.1. Tier 2: Sec. 5.5.3.1.1):

Structural panel sheathing 1,000 lb/ft
Diagonal sheathing 700 lb/ft
Straight sheathing 100 lb/ft
All other conditions 100 lb/ft
See supporting calculations.

STUCCO (EXTERIOR PLASTER) SHEAR WALLS: Multi-story buildings do not rely on exterior stucco walls as the primary seismic-force-resisting system. (Commentary: Sec. A.3.2.7.2. Tier 2: Sec. 5.5.3.6.1)
Exterior walls are plywood sheathed.

GYPSUM WALLBOARD OR PLASTER SHEAR WALLS: Interior plaster or gypsum wallboard is not used for shear walls on buildings more than one story high with the exception of the uppermost level of a multi-story building. (Commentary: Sec. A.3.2.7.3. Tier 2: Sec. 5.5.3.6.1)
Exterior walls are plywood sheathed.

NARROW WOOD SHEAR WALLS: Narrow wood shear walls with an aspect ratio greater than 2-to-1 are not used to resist seismic forces. (Commentary:

Sec. A.3.2.7.4. Tier 2: Sec. 5.5.3.6.1)
Typical wall height is 14’, shear walls less than 7' in length occur throughout the structure.

WALLS CONNECTED THROUGH FLOORS: Shear walls have an
interconnection between stories to transfer overturning and shear forces through the floor. (Commentary: Sec. A.3.2.7.5. Tier 2: Sec. 5.5.3.6.2) All shear wall lines stack, holdowns or strapping are provided at each wall pier.

All shear walls are at building's exterior.

HILLSIDE SITE: For structures that are taller on at least one side by more than one-half story because of a sloping site, all shear walls on the downhill slope have an aspect ratio less than 1-to-2. (Commentary: Sec. A.3.2.7.6. Tier 2: Sec.

5.5.3.6.3)
Structure is on a flat site.

CRIPPLE WALLS: Cripple walls below first-floor-level shear walls are braced to the foundation with wood structural panels. (Commentary: Sec. A.3.2.7.7. Tier 2:

Sec. 5.5.3.6.4)
Cripple walls do not occur.

OPENINGS: Walls with openings greater than 80% of the length are braced with wood structural panel shear walls with aspect ratios of not more than 1.5-to-1 or are supported by adjacent construction through positive ties capable of transferring the seismic forces. (Commentary: Sec. A.3.2.7.8. Tier 2: Sec.

5.5.3.6.5)
Openings greater than 80% of the wall length do not occur.

HOLD-DOWN ANCHORS: All shear walls have hold-down anchors attached to the end studs constructed in accordance with acceptable construction practices. (Commentary: Sec. A.3.2.7.9. Tier 2: Sec. 5.5.3.6.6)
Very Low Seismicity
Seismic-Force-Resisting System

C NC N/A U

C NC N/A U
Holdowns or strapping are provided at each wall pier.

SEISMIC EVALUATION REPORT – Porterville EOC | 29
Centennial Plaza, 296 N Main St, Porterville CA
TIER 1 CHECKLISTS
Table 17-7. Immediate Occupancy Checklist for Building Type W2 Note: C = Compliant, NC = Noncompliant, N/A = Not Applicable, and U = Unknown.

WOOD POSTS: There is a positive connection of wood posts to the foundation. (Commentary: Sec. A.5.3.3. Tier 2: Sec. 5.7.3.3)
Compliant per exisiting drawing details.

WOOD SILLS: All wood sills are bolted to the foundation. (Commentary: Sec.

A.5.3.4. Tier 2: Sec. 5.7.3.3)
Sills are all bolted to the foundation per existing drawings.

GIRDER-COLUMN CONNECTION: There is a positive connection using plates, connection hardware, or straps between the girder and the column support. (Commentary: Sec. A.5.4.1. Tier 2: Sec. 5.7.4.1)
Compliant per exisiting drawing details.

DEEP FOUNDATIONS: Piles and piers are capable of transferring the lateral forces between the structure and the soil. (Commentary: Sec. A.6.2.3.) Structure does not contain deep foundation elements.

SLOPING SITES: The difference in foundation embedment depth from one side of the building to another shall not exceed one story high. (Commentary: Sec.

A.6.2.4)
Structure is on a flat site.

NARROW WOOD SHEAR WALLS: Narrow wood shear walls with an aspect ratio greater than 1.5-to-1 are not used to resist seismic forces. (Commentary:

Sec. A.3.2.7.4. Tier 2: Sec. 5.5.3.6.1)
Typical wall height is 14’, most shear walls are less than 9' in length.

Connections
Foundation System
Low, Moderate, and High Seismicity (Complete the Following Items in Addition to the Items for Very Low Seismicity)
Seismic-Force-Resisting System

C NC N/A U

C NC N/A U
SEISMIC EVALUATION REPORT – Porterville EOC | 30
Centennial Plaza, 296 N Main St, Porterville CA
TIER 1 CHECKLISTS
Table 17-7. Immediate Occupancy Checklist for Building Type W2 Note: C = Compliant, NC = Noncompliant, N/A = Not Applicable, and U = Unknown.

DIAPHRAGM CONTINUITY: The diaphragms are not composed of split-level floors and do not have expansion joints. (Commentary: Sec. A.4.1.1. Tier 2: Sec.

5.6.1.1)
Diaphragms are continuous and do not have expansion joints.

ROOF CHORD CONTINUITY: All chord elements are continuous, regardless of changes in roof elevation. (Commentary: Sec. A.4.1.3. Tier 2: Sec. 5.6.1.1) Chord elements are continuous per existing drawings.

DIAPHRAGM REINFORCEMENT AT OPENINGS: There is reinforcing around all diaphragm openings larger than 50% of the building width in either major plan dimension. (Commentary: Sec. A.4.1.8. Tier 2: Sec. 5.6.1.5) No diaphragm opening greater than 50% of the building width occurs.

STRAIGHT SHEATHING: All straight sheathed diaphragms have aspect ratios less than 1-to-1 in the direction being considered. (Commentary: Sec. A.4.2.1.

Tier 2: Sec. 5.6.2)
All diaphragms consist of wood structural pannels.

SPANS: All wood diaphragms with spans greater than 12 ft consist of wood structural panels or diagonal sheathing. (Commentary: Sec. A.4.2.2. Tier 2: Sec.

5.6.2)
All diaphragms consist of wood structural pannels.

DIAGONALLY SHEATHED AND UNBLOCKED DIAPHRAGMS: All diagonally sheathed or unblocked wood structural panel diaphragms have horizontal spans less than 30 ft and aspect ratios less than or equal to 3-to-1. (Commentary: Sec.

A.4.2.3. Tier 2: Sec. 5.6.2)
Unblocked diaphragm spans exceed 30 ft at both the 2nd floor and roof level.

OTHER DIAPHRAGMS: The diaphragms do not consist of a system other than wood, metal deck, concrete, or horizontal bracing. (Commentary: Sec. A.4.7.1.

Tier 2: Sec. 5.6.5)
All diaphragms consist of wood structural pannels.

WOOD SILL BOLTS: Sill bolts are spaced at 4ft or less with acceptable edge and end distance provided for wood and concrete. (Commentary: Sec. A.5.3.7.

Tier 2: Sec. 5.7.3.3)
Sill bolts are spaced at 6’-0” oc per C/S-6. Spacing at shear walls differ at each wall pier and is less than 6'-0" at many locations.

Diaphragms
Connections

C NC N/A U

C NC N/A U
SEISMIC EVALUATION REPORT – Porterville EOC | 41
Centennial Plaza, 296 N Main St, Porterville CA
APPENDIX E – STRUCTURAL CALCULATIONS
Electrical
Feasibility Study
February 26, 2024
Porterville EOC and Public Safety HQ
Porterville, California
Prepared by:

ELEN Consulting, Inc.
9150 Chesapeake Drive, Suite 220
San Diego, CA 92123
Ph: 619-550-1085
15E Thurman Ave
Site Observations:
• The existing building was previously set up for multi-tenant use. • The existing building is fed from a PG&E pad mounted transformer located on property. • The existing transformer is located in the alley, which feeds an existing 1600A 208Y/120V 3PH 4W switchboard.
• The existing primary service is supplied from an overhead PG&E line, via pole riser. • The existing transformer is sufficient for the proposed building loads. • The existing multitenant switchboard will be replaced with a single PG&E meter, and distribution breakers.
• A generator section will be added to provide the switchboard with standby backup power.
• The existing telecom service is supplied from a telecom handhole located in the alley. • The first floor is currently in use by the City of Porterville Library Storage and Crime Division.
• The first floor has a kitchen service with GFCI protected food service devices and electrical panel.
• The second floor is currently in use by the City of Porterville children’s activity, library support, and general training space.
• The existing electrical service is in a multimeter stack configuration, with (8) PG&E Submeters.
• The existing tenant panels are 70A single phase and will need to be replaced. • The existing receptacles, lights, controls, and branch circuit devices will need to be replaced for the new program.
• The existing interior lighting is a combination of Linear Fluorescent, and LED retrofits. • The existing interior lighting controls are localized on off switches, with motion controls in select locations.
• The existing exterior lighting is a mixture of fluorescent, metal halide, and LED retrofit sources.
• The existing exterior lighting controls are timeclock based. • The building does not have a central telecom room. One will need to be constructed for the new building’s use.
• A 300kW 208Y/120V 3PH 4W will be required to provide standby power for the full building. A 72-hour base tank will be provided.
• A generator bypass board with camlocks for portable generator connection and load bank will be provided.
15E Thurman Ave - Building Load Summary
Total area 12,000SF
Load description W/SF Total kVA Demand Factor Total kVA Lighting 1W/SF 12 125% 15
Receptacles 3W/SF 36 first 10kVA @ 100% 10
Remainder @ 50% 13
HVAC Equipment 10W/SF 120 100% 120
Electric Vehicle - 14 125% 17
Workstations - 20 100% 20
Server/IDF - 10 100% 10
Misc Loads - 30 100% 30
Total: 235
15% spare capacity: 35
Grand Total: 270
Or 750 Amps @ 208Y/120V-3PH-4W
Existing PG&E Service is 1600A@208Y/120V
41 W Thurman Ave – Building Load Summary
Site Observations:
• The existing building was a library that was demolished by the city following a fire. • The existing building was previously fed from a PG&E pad mounted transformer located on the project site.
• A new pad mounted transformer for the proposed building loads. • A new 800A exterior switchboard will be provided to serve fire station loads. • The existing telecom service is supplied from a telecom handhole located in the alley. • A new interior telecom room will be required to house station telecom, alerting, • A generator section and ATS will be added to provide the switchboard with standby backup power.
• A 270kW 208Y/120V 3PH 4W will be required to provide standby power for the full building. A 72-hour base tank will be provided.
• A generator bypass board with camlocks for portable generator connection and load bank will be provided.
• A communication between the traffic signal an apparatus bay will be provided on the site for safe fire truck exit.

Total area 13,000 + 650 expansion
Load description W/SF Total kVA Demand Factor Total kW
Lighting 1W/SF 13.65 125% 17
Receptacles 3W/SF 40.95 first 10kVA @ 100% 10
Remainder @ 50% 16
HVAC Equipment 10W/SF 136.5 100% 137
Electric Vehicle - 14.00 125% 17
Utilities - 10.00 100% 10
Misc - 10.00 100% 10
Total: 217
15% spare capacity: 33
Grand Total: 250
Or 695 Amps @ 208Y/120V-3PH-4W
Recommended Service 800A@208Y/120V

PROPOSED ADDITION
TO STATION 71

PORTERVILLE CITY HALL

PROPOSED EOC

LOCATION

ENGINEERING DIVISION

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

E MORTON AVE

W HARRISON AVE

E THURMAN AVE

W CLEVELAND AVE

E OLIVE AVE

N MAIN ST

N HOCKETT ST

Porterville City CouncilSeptember 17, 2024

Porterville City Council
September 17, 2024