Porterville City Council
December 17, 2024

City Council Agenda December 17, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
DECEMBER 17, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of December 17, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85123943656?pwd=URV1Cq6eJ3UPEvZU5PN2vGkS3mk5ya.1 Or via Telephone: 1-669-900-6833 Webinar ID: 851 2394 3656 Passcode: 714310 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-034. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.8 - Conference with Real Property Negotitators/Property: APNs: 53-160-064, 253-160-065, 253-160-069, 253-160- 070, 261-125-018, 261-125-019, and 261-125-020. Agency Negotiator: Jason Ridenour. Under Negotiation: Terms and Price.

3 - Government Code Section 54957.6 – Conference with Labor Negotiators:

Jason Ridenour and Yuliana Andrade. Employee Organization: Management and Confidential Series.

City Council Agenda December 17, 2024

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913.

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiffs.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 7 - Government Code Section 54957 - Public Employee
Appointment/Employment: Title: City Manager, Interim City Manager.

8 - Government Code Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator: Mayor Greg Meister. Employee Organization: Unrepresented Management - Interim City Manager. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

PRESENTATIONS
Employee of the Month - Aileen Calderon

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time.

Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - December 5, 2024

2. Library & Literacy Commission - December 10, 2024

3. Arts Commission

4. Animal Control Commission

5. Youth Commission - December 11, 2024

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
City Council Agenda December 17, 2024

1. Water Conservation Phase IV Status Update - November 2024

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion.

There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Approval of Draft Minutes of December 3, 2024
Re: Considering approval of the City Council draft Minutes of December 3, 2024.

2. Ratification of Emergency Repair of Police Department Boiler Heating System Re: Consideration to approve the repair of the Police Department HVAC unit from Johnson Controls for $13,462.84.

3. Authorization for Police Truck Engine Replacement
Re: Consider approval of engine replacement for the Police truck by Merle Stone Chevrolet at a cost not to exceed $16,770.66 (inclusive of all parts, taxes, and labor, including a 10% contingency).

4. Authorization to Award Contracts - City Pool Improvements Project Re: Consideration to award the City Pool Improvements Project located at 97 N.

Park Drive, to New Image Pool Interiors of Clovis and Advanced Concrete of Porterville for a combined total of $561,222; and adopt a draft resolution authorizing the additional appropriation of $53,344.

5. Authorization to Purchase a Police Service Dog
Re: Consideration to approve the purchase of a police service dog and related training from Top Dog Training Center at the cost of $18,893.75.

6. Authorization to Purchase Sideloader Pivot Arm Assembly Re: Consideration to authorize the purchase of a pivot arm assembly for a residential side loader from One Source Parts at a cost not to exceed $5,769.98.

7. Authorization to Purchase Replacement Pedestrian Gates for City Corporation Yard
Re: Consideration to authorize the purchase and installation of three replacement ADA-compliant pedestrian gates for the City Corporation Yard, from Outlaw Industries for a total amount not to exceed $47,255.10.

8. Authorization to Enter into an Agreement with the Tulare County Association of Governments (TCAG) for College of the Sequoias (COS) Student Transit Services
Authorization for the City Manager to execute an agreement with the Tulare County Association of Governments (TCAG) to continue providing transit services for College of the Sequoias (COS) students, with no additional fiscal impact to the City.

9. Authorization to Execute Landscape Maintenance Agreement with the California Department of Transportation (Caltrans) for the Landscape Screening Project
Re: Consideration to approve the Landscape Maintenance Agreement for the Landscape Screening Project located in the City of Porterville along State Route 190 City Council Agenda December 17, 2024

from Prospect Street to Plano Street, and along State Route 65 from Henderson Avenue to Avenue 188.

10. Interagency Agreement - Community Center Project Funding Re: Consideration to approve the Interagency Agreement between the City and the City Park's and Leisure Services Department for the Community Center and Park Project to be constructed along Henderson Avenue just east of Fourth Street.

11. Porterville Girls Fastpitch Hayes Field Agreement Renewal Re: Consideration to authorize the renewal of the facility use agreement between the City of Porterville and Porterville Girls Fastpitch for the use of Hayes Field.

12. Request for Approval to Apply for Bureau of Justice Assistance FY2024 Edward Byrne Memorial Justice Assistance Grant and Purchase of Four Surveillance Pole Cameras
Re: Consideration to approve the draft resolution authorizing the filing of the FY2024 Edward Byrne Memorial Justice Assistance Grant application, with said funds being utilized to go towards the purchase of four surveillance pole cameras.

13. Retirement of Police K9
Re: Consideration to approve the sale of K9 “Kaiser" to Sergeant Justin Ellestad for the amount of $1.00.

14. Amendment to the Pay Rate Schedule for Seasonal Employees, Part-Time Employees, and Full-Time Trainee Positions
Re: Consideration to adopt the draft resolution amending the City's Employee Pay and Benefit Plan, Seasonal and Part-Time Rates, and Full-Time Trainee Pay Ranges.

15. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts relative to flood event.

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

PUBLIC HEARINGS

16. Consideration of Porterville Development Ordinance Text Amendments Re: Hold the Public Hearing to hear public testimony, and consider the approval of a draft ordinance amending series 200 and 300 of the Porterville Development Ordinance concerning updates to the Housing Policies, Standards, and Procedures of the Development Ordinance.

SCHEDULED MATTERS

17. American Rescue Plan Act (ARPA) Funding
Re: Consideration to authorize the reallocation of $305,994 in American Rescue Plan Act (ARPA) Funds to fully fund the Porterville Navigation Center; the reallocation of $94,006 in ARPA funds to fund the Community Center and Park Project; and authorize the Finance Director to redirect any inspect funds from FY 2024/2025 ARPA budget to cover any budget overages for ARPA identified projects.

City Council Agenda December 17, 2024

18. Consideration of Cancellation of January 7, 2025, City Council Meeting Re: Considering the cancellation of the first City Council Meeting in January 2025.

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

1. Local Initiatives Navigation Center Committee (LINC) - December 4, 2024

2. Tulare County Economic Development Corporation (TCEDC) - December 4, 2024

3. Eastern Tule Groundwater Sustainability Agency (ETGSA) - December 5, 2024

4. Tulare County Association of Governments (TCAG) - December 9, 2024

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of January 7, 2025 at 5:30 P.M.

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

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

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: 1. Water Conservation Phase IV Status Update - November 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community.

As of October 1, 2024, the City transitioned from Phase III to Phase IV of its Water Conservation Plan. The plan applies to all municipal water users within or outside the city limits.

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

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for November 2024 show that four (4) notices of violations were issued for water waste, and one (1) administrative citation was issued.

Water production for November 2024 shows a seven percent (7%) increase from the five-year average. The monthly production for November was 254 million gallons, which is a one percent (1%) decrease compared to November 2013, when it was 254 million gallons.

Residential consumption for November 2024 was 95 gallons per capita per day (GPCD).

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

Porterville's cumulative total GPCD conservation through November 2024 is twenty-five percent (25%).

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

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year.

Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards. On July 3, 2024, the State Water Resources Control Board adopted Resolution No. 2024-0019 to make Conservation a California Way of Life. Making Conservation a California Way of Life is a new way of managing urban water use. The State Water Board will consider a regulation that establishes unique efficiency goals for each Urban Retail Water Supplier in California and provides those suppliers with flexibility to implement locally appropriate solutions. As part of the state’s all-of-the-above strategy to expand storage, develop new water supplies, and promote more efficient water use, this regulation seeks to cultivate long-term practices that help communities adapt to California's ongoing water challenges. The proposed regulation will lessen the need for the emergency water use reduction targets that were important in recent droughts. With this new resolution, it is a requirement to track indoor residential water use, which staff is currently in the process of implementing.

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

2. Monthly Production Status GPCD November 2024

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

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

0.00 25.00

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

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

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
Item No. 1.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Approval of Draft Minutes of December 3, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of December 3, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of December 3, 2024.

ATTACHMENTS: 1. Draft Minutes of December 3, 2024
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
DECEMBER 3, 2024, 5:30 PM
Call to Order at 5:30 p.m.

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

Absent: Vice Mayor Kellie Carrillo

ORAL COMMUNICATIONS
• Ed McKervey, Porterville, reiterated his belief that the new council should select the new City Manager.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-160-064, 253-160-065, 253-160-069, 253-160-070, 261-125-018, 261-125-019 and 261-125-020. Agency Negotiators: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and James Gregory Shelton. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Rick Sullins. Agency Claimed Against: City of Porterville.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Pouncey v. Silva et al., Fresno Superior Court Case No. 24CCG03764.
4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Cox v. City of Porterville, United States District Court, Eastern District, Case No. 1:24-CV-00878-KES-SAB.
5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiff.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation: One (1) case. 7 - Government Code Section 54957 - Public Employment: City Manager. 6:35 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION

City Attorney Lew reported action pertaining to A-2, as follows:

A-2. On a MOTION made by Mayor Martha A. Flores, and SECONDED by Council Member Raymond Beltran the City Council unanimously rejected the claim filed by Rick Sullins.

Documentation: M.O. 01-120324
Disposition: Claim rejected.

The Pledge of Allegiance was led by Mayor Martha A. Flores.

Invocation- a member of the public came forward to give an invocation.

PRESENTATIONS
Employee of the Month - Laura Torres-Salcido

ORAL COMMUNICATIONS
• Tulare County Board of Supervisors, recognized Mayor Martha A. Flores for her service to the City and Tulare County.
• Brock Neeley, Porterville, provided the council with documentation and spoke of his concern with Item No. 11 stating that the banner should be non-secular. • Andrew Buzzeli, Porterville, asked that the council direct City staff to reevaluate their participation in the Eastern Tule Groundwater Sustainability Agency. • Rafaela Woods, Porterville, thanked City staff for meeting with her on the revitalization project for Downtown Main Street, and thanked City Council for doing a thankless job.
• Ed McKervey, Porterville, read a Thanksgiving Proclamation to the City Council. • Camila Carrera, Porterville, spoke in favor of Item No. 9.

CONSENT CALENDAR
Item No. 9 was pulled from the Consent Calendar for discussion.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member Greg Meister that the City Council approve Items Nos. 1-8, and 10.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo

1. APPROVAL OF DRAFT MINUTES OF NOVEMBER 19, 2024
Recommendation: That the Council approve the draft Minutes of November 19, 2024.

Documentation: M.O. 02-120324
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE YOUTH ARENA SOCCER

UNIFORMS
Recommendation: That the City Council authorize the purchase of the 2025 Arena Soccer uniforms from ProTime Sports at the price of $19.45 for youth sizes and $20.45 for adult sizes for a total estimated cost of $8,630.75.

Documentation: M.O. 03-120324
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE NINE (9) 35-FOOT CNG TRANSIT

BUSES FROM NEW FLYER
Recommendation: That the City Council:

1. Approve the purchase of nine (9) 35-foot CNG transit buses from New Flyer under the CalACT/Basin Transit Purchasing
Cooperative, RFP #23-01, for a total amount not to exceed $7,490,000; and

2. Authorize the Transportation Department to coordinate with New Flyer on delivery schedules, warranty provisions, and any training requirements to ensure successful integration into the transit fleet.

Documentation: M.O. 04-120324
Disposition: Approved.

4. AUTHORIZATION TO EXECUTE CONSULTANT CONTRACTS -

BUTTERFIELD STAGE CONSTRUCTION SURVEYING & STAKING

AND MATERIALS TESTING
Recommendation: That the City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for construction surveying & staking services for the Butterfield Stage Corridor Project in the amount of $175,000 with 4 Creeks, Inc.;

2. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for materials testing and quality control services for the Butterfield Stage Corridor Project in the amount of $189,000 with RMA GeoScience;

3. Authorize contingencies for both contracts to cover unforeseen circumstances on the project as long as the amounts stay within the previously authorized budget amount for construction management, quality control, and inspection services
($1,901,383); and

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

Documentation: M.O. 05-120324
Disposition: Approved.

5. AUTHORIZATION TO ENTER INTO A GENERAL SERVICES

AGREEMENT WITH BLINK NETWORK, LLC FOR THE CHARGING

STATION REPLACEMENT PROJECT
Recommendation: Staff recommends that the City Council:

1. Approve the General Services Agreement with Blink Network, LLC for the Charging Station Replacement Project at a Total Cost Not To Exceed $1,659,426; and

2. Authorize the Mayor to execute the agreement and any related documents necessary to implement the project.

Documentation: M.O. 06-120324
Disposition: Approved.

6. AUTHORIZATION TO ENTER INTO PROFESSIONAL SERVICES

AGREEMENT WITH TKDA FOR A&E AND CONSTRUCTION

MANAGEMENT SERVICES FOR THE ZERO-EMISSION

MAINTENANCE FACILITY
Recommendation: That the City Council:

1. Approve the draft Professional Services Agreement between the City of Porterville and Toltz, King, Duvall, Anderson and Associates (TKDA) for A&E and Construction Management
services for the zero-emission maintenance facility at a total project cost not to exceed $2,081,312; and

2. Authorize the Mayor or City Manager to execute the agreement and any related documents, subject to final review by the City Attorney.

Documentation: M.O. 07-120324
Disposition: Approved.

7. AUTHORIZATION TO ENTER INTO MEMORANDUM OF

UNDERSTANDING (MOU) WITH SIERRA VIEW MEDICAL CENTER

FOR COORDINATED TRANSPORTATION SERVICES
Recommendation: That the City Council:

1. Approve the draft Memorandum of Understanding (MOU)
between the City of Porterville and Sierra View Medical Center

(SVMC) for coordinated transportation services within the Porterville Urbanized Area; and

2. Authorize the Mayor or City Manager to execute the MOU and any subsequent amendments necessary to implement these
transportation services, subject to final review by the City Attorney.

Documentation: M.O. 08-120324
Disposition: Approved.

8. AUTHORIZATION FOR CONTINUED PARTICIPATION AND SUPPORT

OF THE TULARE-KINGS COUNTY REGIONAL HAZARDOUS

MATERIALS TEAM
Recommendation: That the City Council approve the continuation of the City’s participation and support of the Tulare-Kings County Regional Hazardous Materials Team (RHM Team) and authorize the City Manager to sign the Memorandum of Understanding for a five-year term beginning July 1, 2024, and ending June 30, 2029.

Documentation: M.O. 09-120324
Disposition: Approved.

10. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

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

Documentation: M.O. 11-120324
Disposition: Approved.

PUBLIC HEARINGS

11. PERMANENT LOCAL HOUSING ALLOCATION (PLHA) 5-YEAR PLAN AMENDMENT NO. 3
Recommendation: That the City Council:

1. Hold a public hearing to receive public comment on the proposed 5-Year Plan Amendment No. 3 for reallocation of funds; and

2. Adopt the draft resolution approving Amendment No. 3 to the Permanent Local Housing Allocation (PLHA) 5-Year Plan and authorizing its transmittal to the California Department of Housing and Community Development.

City Manager Hildreth introduced the item and Community Development Director Claudia Calderon presented the staff report.

Mayor Flores opened the Public Hearing at 7:07 p.m.
• Brock Neeley, Porterville, commended the Community Development staff for the work being done in addressing homelessness in the Community.

Mayor Flores closed the Public Hearing at 7:08 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Council Member Raymond Beltran that the City Council adopt a resolution approving Amendment No. 3 to the Permanent Local Housing Allocation (PLHA) 5-Year Plan and authorizing its transmittal to the California Department of Housing and Community Development.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 86-2024
Disposition: Approved.

SCHEDULED MATTERS

12. CONSIDERATION OF ESTABLISHING A STANDING CANNABIS

COMMITTEE
Recommendation: That the City Council consider approving the draft resolution establishing a standing Cannabis Committee.

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

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member Greg Meister that the City Council approve the resolution establishing a standing Cannabis Committee.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 87-2024
Disposition: Approved.

13. CONSIDERATION OF A "MERRY CHRISTMAS" BANNER

PURCHASE FOR MAIN STREET
Recommendation: That the City Council provide direction on the purchase of a "Merry Christmas" banner for Main Street.

City Manager Hildreth introduced the item and Parks and Leisure Services Director Donnie Moore presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Raymond Beltran that the City Council approve the purchase of a "Merry Christmas" banner.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 12-120324
Disposition: Approved.

14. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING
THE CITY OF PORTERVILLE'S POSITION PAY PLANS FOR 2020-
2024
Recommendation: That the City Council adopt the draft resolution approving and ratifying the City of Porterville's Position Pay Plans for 2020-2024.

City Manager Hildreth introduced the item and Administrative Services Director Yuliana Andrade presented the staff report.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the resolution approving and ratifying the City of Portervilles's Positon Pay Plans for 2024-2024.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 88-2024
Disposition: Approved.

9. APPROVAL FOR COMMUNITY CIVIC EVENT - HAVEN DISPENSARY

AND FOOD LINK FOR TULARE COUNTY - CHRISTMAS ON MAIN
STREET - DECEMBER 14, 2024
Recommendation: That the City Council approve the Community Civic Event application submitted by Haven Dispensary and Food Link for Tulare County to hold the Christmas on Main Street event on December 14, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council approve the Community Civic Event application submitted by Haven Dispensary, with the condition that the organizers meet with City Staff to make reasonable accommodations to hold the event without disrupting traffic in the downtown Main Street area.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 13-120324
Disposition: Approved.

AB 1234 REPORTS

1. TULARE COUNTY TASK FORCE ON HOMELESSNESS - NOVEMBER 20, 2024
Mayor Flores reported on those in attendance, the approval of the Minutes, and several updates.

2. LIBRARY FACILITY PLANNING COMMITTEE MEETING - NOVEMBER 21, 2024 – No report was provided.

ORAL COMMUNICATIONS
None.

Mayor Flores recognized Council Member Weyhrauch for his dedication in serving as a Council Member for the community and presented him with a plaque.

OTHER MATTERS

• Council Member Beltran noted his attendance at the Christmas Tree Lighting Ceremony and the Porterville Chamber Awards. He also wished everyone a wonderful holiday season.
• Council Member Weyhrauch reported that he attended the Veterans Day Parade. He congratulated Council Member Elect Ed McKervey on his victory, expressed gratitude to the City Staff, and delivered a speech reflecting on his experiences and appreciation for serving the community as a Council Member. • Council Member Meister expressed his honor in serving alongside Council Member Weyhrauch. He thanked the City staff for their excellent work in maintaining the city, acknowledged Deputy Fire Chief Shannon Skiles on his retirement, and welcomed back Fire Chief Bryan Cogburn. Additionally, he recognized the staff for their participation in a recent Town Hall meeting.
• Mayor Flores expressed her pleasure in serving with Council Member Weyhrauch and welcomed Fire Chief Cogburn back. She also spoke of her attendance at the Porterville Chamber Awards and highlighted upcoming events, including the Christmas Parade and the State of the City Address.
• City Manager Hildreth expressed gratitude to Council Member Weyhrauch for his service, welcomed back Fire Chief Cogburn, and praised Deputy Fire Chief Skiles for stepping up as Acting Fire Chief.

CLOSED SESSION
None.

ADJOURNMENT
The Council adjourned at 7:58 p.m. to the meeting of December 10, 2025, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Greg Meister, Mayor
CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Ratification of Emergency Repair of Police Department Boiler Heating System
SOURCE: Police
COMMENT: The main heating, ventilation, and air conditioning (HVAC) unit at the Police Department was not functioning properly and was not heating the building. HVAC units regulate and move heated and cooled air throughout a building. A boiler is a part of the HVAC unit that operates by heating water within a vessel. This heated water is then sent through a system of radiators placed throughout the building to provide indoor heating. The Police Department's boiler was installed in 1989 and had a component that was leaking, and needed emergency replacement.

Municipal Code 2-38, Emergency Expenditure/Appropriations, authorizes an expenditure of up to $100,000 in an extraordinary emergency for the preservation of public peace, health, or safety.

Pursuant to City Code 2-38, these circumstances were communicated to the Mayor by the City Manager, and the expenditure was approved by the Mayor due to the extraordinary emergency of the situation. A copy of the City Code 2-38 is attached for your reference.

Due to the emergency situation, Johnson Controls, the company who maintains the City facilities' HVAC systems, was contracted to complete the repairs. As the initial repairs were made, additional components of the boiler system began failing, which required a total of three repair visits by Johnson Controls. The total cost to repair the boiler was $13,462.84.

Funding for this repair is proposed to be paid from the City's General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund and the Police Department’s Operating Budget.

The Police Department is in the process of obtaining quotes for a full HVAC replacement.

RECOMMENDATION: That the City Council:

1. Adopt the draft resolution authorizing the appropriation not to exceed $9,384.67 from the General Fund Facility
Deferred Maintenance / Equipment Replacement
Designated Fund for the repair of the Police Department HVAC unit; and

2. Authorize the payment of $4,078.17 from the Police
Department’s Operating Budget; and

3. Approve the repair of the Police Department HVAC unit from Johnson Controls for $13,462.84.

ATTACHMENTS: 1. Draft Resolution

2. Johnson Controls - Inv 1-134584085066 - 11-06-2024
- $2,016.00

3. Johnson Controls - Inv 1-134671964216 - 11-21-2024
- $4078.17

4. Johnson Controls - Inv 1-134818107163 - 12-04-2024
- $7368.67

5. 2-38 Emergency Expenditures Appropriatons
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE FACILITY

DEFERRED MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND

FOR THE REPAIR OF THE POLICE DEPARTMENT BOILER HEATING SYSTEM WHEREAS: The City of Porterville purchased the boiler system in 1989 for the Porterville Police Department;
WHEREAS: In November 2024, the boiler heating system unit began malfunctioning and is now in need of replacement;
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the repair of the Police Department boiler heating system is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and

2. That the City Council of the City of Porterville does hereby approve and authorize the appropriation not to exceed $9,384.67 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the immediate repair of the Police Department boiler heating system.

PASSED, APPROVED AND ADOPTED this 17
th day of December, 2024

Greg Meister, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel-Moraga,
Acting Deputy City Clerk

Item No. 3.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization for Police Truck Engine Replacement SOURCE: Public Works
COMMENT: Vehicle #3367 is an active Community Service Officer (CSO) police support vehicle that has experienced engine failure. It has approximately four years of service life remaining and should be repaired by a certified Chevrolet repair facility.

Completing this repair would extend the useful service life and push out the replacement date. Staff is requesting authorization to utilize Merle Stone Chevrolet, the nearest certified Chevrolet repair facility to perform the engine replacement at a cost not to exceed $16,770.66, (inclusive of all parts, taxes, labor, and a 10% contingency). Utilizing a certified Chevrolet repair facility will provide the maximum warranty for the necessary repair. Funds are available in the Equipment Replacement Budget.

RECOMMENDATION: That the City Council:

1. Authorize replacement of police truck engine by Merle Stone Chevrolet at a cost not to exceed $16,770.66
(inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Estimate #3367
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 4.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization to Award Contracts - City Pool Improvements Project SOURCE: Engineering and Project Management
COMMENT: At its meeting on Tuesday, February 6, 2024, the City Council authorized staff to procure bids and negotiate contracts for the City Pool Improvements Project via the open market (Resolution No. 03-2024).

The project includes replastering, replacing the tiles, replacing the antientrapment pool drain cover, replacing the one-meter diving board/tower and related foundation as needed, replacing deck drains and resurfacing the related areas, and replacing the gutters. The needed repairs should be completed as soon as possible to ensure that the pool can operate safely in the seasons to come. This type of specialty rehabilitation work is difficult to find contractors that are able to complete it, but staff were able to contact three contractors who were both licensed and experienced in pool rehabilitation work to obtain bids for the project. One contractor stated they do not travel to Porterville for any work to not compete with pool companies that are closer; one contractor provided a bid but did not provide a bid bond deeming their submittal nonresponsive; and the third contractor provided a bid partnering with a local concrete contractor to complete the required work.

The bid results are as follows:

Contractor Name Bid Amount
Bakersfield Pool Plastering
Bakersfield, CA Does not travel to Porterville
ZZZ Inc, dba Pools Plus
Visalia, CA Non-responsive
New Image Pool Interiors
(Partnering with Advanced
Concrete of Porterville)
Clovis, CA
$561,222
The only responsive bid received is from New Image Pool Interiors of Clovis partnering with Advanced Concrete of Porterville in the amount of $561,222. It is anticipated that an additional $56,122 is required for construction contingency, quality control, and inspection services (10%) for a total estimated project cost of $617,344. Funding in the amount of Item No. 4.
$564,000 from the General Fund Deferred Maintenance Reserve (GFDMR) was previously approved in the 2024/2025 Fiscal Year Budget. An additional $53,344 from the GFDMR is required to fully fund this project.

Staff has reviewed the bid and found it acceptable.

RECOMMENDATION: That the City Council:

1. Award the City Pool Improvements Project to New
Image Pool Interiors of Clovis and Advanced Concrete of Porterville for a combined total of $561,222;

2. Authorize a 10% contingency ($56,122) to cover
unforeseen costs, quality control and inspection services;

3. Adopt the Resolution authorizing the additional
appropriation of $53,344 from the General Fund Deferred Maintenance Reserve to fully fund the project.

ATTACHMENTS: 1. Draft Resolution

2. Locator Map

3. Quote
Appropriated/Funded:

Review By:

Department Director:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND FOR

THE CITY POOL IMPROVEMENT PROJECT
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Deferred Maintenance/Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support onetime city facility deferred maintenance and/or equipment replacement costs; and
WHEREAS: The City Pool Improvement Project is a project that includes required maintenance and equipment replacement necessary to ensure the safe operation of the pol in the seasons to come;
NOW, THEREFORE, BE IT RESOLVED:

1.That the City Council of the City of Porterville make a finding that the City Pool Improvement Project is a project that benefits the community, and is within the intent and purpose of the Deferred Maintenance/Equipment Replacement Designated Fund; and

2.That the City Council of the City of Porterville does hereby approve and authorize the appropriation of an amount not to exceed $53,344 from the Deferred Maintenance/Equipment Replacement Designated Fund for the City Pool Improvement Project.

PASSED, APPROVED and ADOPTED this 17th day of December, 2024.

Greg Meister, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk

PROPOSAL AND ACCEPTANCE
906 HOBLITT AVE. • CLOVIS, CA 93612
(559) 299-4900 • FAX 299-4515
LIC. NO. 906501

PROPOSAL SUBMITTED TO PHONE DATE

STREET JOB NAME

CITY, STATE AND ZIP CODE JOB LOCATION

ARCHITECT DATE OF PLANS JOB PHONE
We hereby propose to furnish the materials and perform the labor necessary for the completion of:

CALIFORNIA ONLY: NOTICE TO OWNER: Contractors are required by law to be licensed and regulated by the Contractors’ State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors’ State License Board, 9835 Goethe Rd., Sacramento, CA 95827.

All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of:
with payments to be as follows
Dollars ($ )
We Propose
Respectfully submitted
Note: this proposal may be
withdrawn by us if not accepted within days
Signature
Signature
Acceptance of Proposal
Date of Acceptance
The above prices, specifications and
conditions are satisfactory and are hereby accepted. You are authorized to do the work specified Payment will be made as outlined above.

PROPOSAL AND ACCEPTANCE
906 HOBLITT AVE. • CLOVIS, CA 93612
(559) 299-4900 • FAX 299-4515
LIC. NO. 906501

PROPOSAL SUBMITTED TO PHONE DATE

STREET JOB NAME

CITY, STATE AND ZIP CODE JOB LOCATION

ARCHITECT DATE OF PLANS JOB PHONE
We hereby propose to furnish the materials and perform the labor necessary for the completion of:

CALIFORNIA ONLY: NOTICE TO OWNER: Contractors are required by law to be licensed and regulated by the Contractors’ State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors’ State License Board, 9835 Goethe Rd., Sacramento, CA 95827.

All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of:
with payments to be as follows
Dollars ($ )
We Propose
Respectfully submitted
Note: this proposal may be
withdrawn by us if not accepted within days
Signature
Signature
Acceptance of Proposal
Date of Acceptance
The above prices, specifications and
conditions are satisfactory and are hereby accepted. You are authorized to do the work specified Payment will be made as outlined above.
1018 W. Teapot Dome Ave., Ste. E
Porterville, CA. 93257
(559) 782-6322
Date: 11/13/2024
TO: CITY OF PORTERVILLE / PARKS DEPARTMENT
Project: POOLDECK TROFF REPAIR
Scope of work: POOL GUTTER REPAIR
Item # Description Quantity Unit Unit Price Total Price 1 DOWEL INTO EXISTING TROFF $0.00
2 INSTALL CONCRETE ADHESIVE $0.00
3 FORM & POUR 384 FT OF ANGLE CONCRETE
CURB $0.00
4 SPRAY WATERPROOFING ON ENTIRE NEW
TROFF $0.00
5 PLACE SILKA FLEX SEALANT @ COLD JOINT 1 L.S. $63,702.00 $63,702.00 Total $63,702.00
Total: $ 63,702.00
Addendums:

Notes:

Exclusions: 1. Permits, staking, testing & bonds.

2. Compaction testing

3. Plastic Trench Gates
Sal Limon, Estimator
O: (559) 782-6322
C: (559) 202-9333
[email protected]

ADVANCED CONCRETE
License # 1085269
DIR # 1000043065
DBE # 46217
THANKS FOR THE OPPORTUNITY TO PROVIDE THIS PROPOSAL, PLEASE CALL WITH ANY QUESTIONS.

PROJECT PROPOSAL
Terms & Conditions:

Sign:

Print:

Title / Company:

Date:

6. Advanced Concrete is a fully insured company; insurance documents are available upon request.

7. This document, when signed, is a legal and binding contract between Advanced Concrete and the subject property owner and is governed by the State of California including lien rights by all interested parties.

Authorization: A signature below acknowledges the completeness and accuracy of the above scope of work and agreement of the price and terms & conditions. This also acts as formal authorization to proceed.

1. All proposals include all labor, materials, & machinery necessary to complete the scope of work identified unless specifically listed.

2. All proposals are quoted exactly as written above and do not include any additional materials, labor, or construction efforts not specifically included in the scope of work. It is the responsibility of the owner or owners’ representative to confirm that this quote includes all work that is desired quoted.

3. All proposals are quoted using standard wage scale. Projects known to require state prevailing wages will be identified specifically in the scope of work.

4. All proposals are price guaranteed for 30 calendar days. Proposals whose date has expired are subject to price revision. Even proposals that are signed & authorized now and whose project start date is beyond the 30th day are subject to revision as well.

5. All payment terms are due in full upon completion unless otherwise agreed.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization to Purchase a Police Service Dog SOURCE: Police
COMMENT: In December 2024, the City of Porterville retired "Kaiser" one of the Police Department's service dogs. With this retirement, the department will operate with three patrol service dogs, leaving one of the department's patrol shifts without an on-duty service dog. Top Dog Training Center is our current police service dog vendor and trainer.

Top Dog Training Center supplies police service dogs to agencies throughout the State of California, including most local police departments in Tulare County and the Tulare County Sheriff's Department, and at a much lower expense than providers located outside the local area.

The department's service dog specialists recently consulted our current vendor to evaluate potential service dogs and obtain pricing for a service dog and associated training. The police department would like to enter into an agreement with Top Dog Training Center to acquire a police service dog and the necessary training for the dog handler. This vendor provides a full guarantee against any congenital health defects for two years after the date of purchase and additionally guarantees the dog for non-health service-related problems for one year.

The total cost for the police service dog and the related training is $18,893.75. Funds for this purchase are available in the police department's operating budget.

RECOMMENDATION: That the City Council:

1. Approve the purchase of a police service dog and related training from Top Dog Training Center at the cost of
$18,893.75; and

2. Authorize the Chief of Police to enter into an agreement with Top Dog Training Center to acquire the service dog and associated training.

ATTACHMENTS: 1. Top Dog Quote for Dual Dog (2024)
Appropriated/Funded:

Review By:

Department Director:

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

QUOTATION
Date: November 13, 2024
City of Porterville
Police Department
350 N. D Street
Porterville, CA 93257
To:

Qty Description Unit Price Line Total
1 Police Service Dog (Dual Purpose) $8,750.00 $8,750.00 1 Narcotic Detection Course $4,500.00 $4,500.00
1 Basic Patrol K-9 Course $4,900.00 $4,900.00
Subtotal $18,150.00
Sales Tax $743.75
Less Deposit
Total $18,893.75
Top Dog Training Center, 5922 W. Clinton Avenue, Visalia, Ca 93291 Phone 559-802-7297
Item No. 6.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization to Purchase Sideloader Pivot Arm Assembly SOURCE: Public Works
COMMENT: Vehicle #6608, a 2020 Peterbilt Residential Refuse Truck, has experienced failure of the pivot arm assembly. The pivot arm assembly is a proprietary component that can only be purchased directly from the manufacturer. This residential side loader has at least five years of expected service life remaining.

Staff is requesting authorization to purchase the part from One Source Parts, the truck manufacturer, as they are able to sell directly to the City.

The estimated cost of the pivot arm assembly is $5,769.98 (inclusive of all parts, taxes, freight, and a 10% contingency). Funding is available in the Solid Waste Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of the side loader pivot arm
assembly from One Source Parts at a cost not to exceed
$5,769.98 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment upon receipt of parts.

ATTACHMENTS: 1. Estimate #6608
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 7.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization to Purchase Replacement Pedestrian Gates for City Corporation Yard
SOURCE: Public Works
COMMENT: The City Corporation Yard’s current pedestrian gates are outdated and require replacement to meet enhanced security standards and compliance with the Americans with Disabilities Act (ADA). To address this need, the City obtained three quotes from qualified vendors for the purchase and installation of the gates. This procurement falls below the Federal Transit Administration’s (FTA) small purchase threshold of $150,000, allowing it to be handled using simplified procurement procedures. These procedures require obtaining competitive prices from an “adequate number of qualified sources” to ensure competition.

Additionally, since this is a small purchase, FTA clauses are not required to be included in the purchase agreement.

Below is a summary of the three quotes received:

Vendor Total Cost Includes Installation
Outlaw Industries $42,959.18 Yes
Torxun $49,455.02 No
TYMETAL $69,000.00 No
Outlaw Industries provided a quote totaling $42,959.18, which includes three AG-36-ADA Full Height ADA Gates, factory installation services, and associated shipping and travel costs. These gates feature powdercoated galvanized steel construction, stainless steel hardware, and tamper-resistant #9 flattened expanded metal. Additional features include Torxun automatic door openers, weather-resistant keypads, and electric rim exit devices. Outlaw Industries’ quote also includes professional installation by factory-trained technicians, ensuring proper assembly and compliance with all relevant standards.

Torxun submitted a competing quote with a total cost of $49,455.02. The quote covers the gates and shipping but does not include installation services, which would require the City to procure and coordinate additional resources for proper installation. The gates proposed by Torxun meet ADA and security requirements, featuring high-quality Item No. 7.
materials and comparable specifications.

TYMETAL provided a third quote, offering each gate at $23,000,with a total cost of $69,000 for three gates. However, this quote does not include installation services, requiring the City to secure additional resources to complete the project. While TYMETAL’s gates meet ADA and security requirements, the higher cost and lack of installation services reduce the cost-effectiveness of this option.

After evaluating all three quotes, staff determined that Outlaw Industries offers the most comprehensive and cost-effective solution for this project. The inclusion of professional installation services ensures proper assembly, compliance with standards, and seamless project completion at a competitive price.

It should be noted that the quote from Outlaw Industries does not include sales tax; however, a 10% contingency is sufficient to cover applicable sales tax for this project. It is recommended that the City Council authorize the purchase and installation of the AG-36-ADA gates from Outlaw Industries at a cost of $42,959.18, and approve an additional 10% contingency in the amount of $4,295.92 for unforeseen expenses, bringing the total requested funding to $47,255.10.

This project will be funded through the Facility Improvements project, which has a budget of $500,000 under FTA grant number 6260-2 for Fiscal Year 2024/25. The FTA will fund 80% of the total project cost, amounting to $37,804.08, with the remaining 20%, or $9,451.02, covered by Local Transportation Funds (LTF).

RECOMMENDATION: That the City Council:

1. Authorize the purchase and installation of replacement pedestrian gates from Outlaw Industries for a total amount not to exceed $47,255.10, inclusive of a 10% contingency to cover unforeseen expenses and applicable sales tax.; and

2. Authorize the Transportation Director to execute the purchase agreement.

ATTACHMENTS: 1. Outlaw Industries Quote

2. Torxun Quote

3. TYMETAL Quote
Appropriated/Funded:

Item No. 7.

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Outlaw Industries
3475 S. Calhan Hwy
Calhan, CO 80808
+1 7192941008
[email protected]
www.outlawindustries.co
Estimate

ADDRESS
City of Porterville
291 N. Main St. Porterville, CA
93257

SHIP TO
Richard Tree
559-483-0904
City of Porterville
291 N. Main St. Porterville, CA
93257
ESTIMATE # 2784
DATE 12/05/2024

JOB NAME
Richard Tree

DATE ACTIVITY QTY RATE AMOUNT
ADA GATES:SINGLE FULL HEIGHT ADA
GATES:AG-36-ADA-POG-E
36' ADA POWDER COATED OVER

GALVANIZED ELECTRIC EXIT RIM
3 6,431.00 19,293.00
Torxun auto ped opener:Torxun Autoped
The Torxun Autoped is an Outdoor Rated
Stainless Steel Automatic Door Opener
ANSI A156.19 And UL325 Standard Compliant
Fully Outdoor UL 325 Rated Pedestrian Gate
Operator
ADA Compliant
3 2,977.00 8,931.00
LOCINOX:Automation:SLIMSTONE-2-9005

STURDY, FROST FREE, AND WEATHER
RESISTANT KEYPAD WITH 2

INTERGRATED RELAYS IN RAL
3 225.06 675.18
Turnstile Shipping
ADA Gate Shipping
Porterville, CA 93257 via partial truck load or
LTL
1 2,000.00 2,000.00
Labor 1:Factory Installation
Factory Installation Of Outlaw Industries
Products, Assures Your Customer Has The Best
Available Factory Trained Technicians on the
Job. Credentials Include OHSA 30 Training,
Drug and Alcohol Screening, FBI Background
Clearance.
2 men 2 days on site and 2 days travel

SCOPE OF WORK
- Install above ADA gates in existing fence line
on concrete surface provided by others
5 1,300.00 6,500.00

DATE ACTIVITY QTY RATE AMOUNT
- leave site cleaner than it was when we arrived

NOT IN SCOPE
- concrete by others
- electrical by others
- access control by others
- tie in/demo of existing fencing and gate by
others
- prepping fence line for new gates by others
- dumpster provided by others
travel:Travel and Accommodations
Travel and Accommodations
Round trip Airfare
Hotel Rooms
Rental Car
Per Diem
Parking
1 5,560.00 5,560.00
Payment Terms
Payment Terms:
50% Deposit on Material to start manufacturing
50% Balance on Material and 100% of shipping
and travel and accommodations due to ship
material
50% Deposit Due on Labor to schedule
installation
50% Balance Due on Labor upon completion of
installation
1 0.00 0.00
All Estimates are valid for 14 days from Quoted date, unless stated otherwise. SUBTOTAL 42,959.18 TAX 0.00
TOTAL $42,959.18
Accepted By Accepted Date

ESTIMATE
Phone: (888)491-4283 / Email: [email protected] / Page: 1 of 2 TORXUN, Inc.
50 Sloan Ct.,
Tracy, California, 95304
USA
Estimate Number: 4969 Estimate Date: Dec 09, 2024
Estimate for:

City of Porterville
Account #: 1645
Phone: 559-782-7514
Estimate Expires: Jan 08, 2025
Billing Address:
291 N. Main St.

Porterville, California, 93257
USA
Shipping Address:
555 N. Prospect St.

Porterville, California, 93257
USA
Sales Person: Frank Bacosa II
Phone: (888)491-4283, Email: [email protected]
# Description Item # Qty Unit Unit Price Amount
1 AMPED - Industrial Surface
mount w/AutoPed (Custom)
Part #: 1106.2020
2” x 3” Hinge Frame
2” x 2” Gate Frame
2" x 5" Header
3/4” Pickets
12” Sheet Metal Kick-Plate
2727 3 item 9.25% $14,289.2500 $42,867.7500
2 Crating and Shipping (LTL) 1 service 9.25% $2,400.0000 $2,400.0000 Subtotal: $45,267.75
Tax: $4,187.27
Balance Due: $49,455.02 (USD)
Note
Includes:

Standard CAD Shop Drawing
Additional Specifications:
**Clear opening Dimensions of Doorway**
Height 78” (ADA standard)
Width 36"
Additional Infill:
3/4" Flattened Expanded Metal
Finish:

Zinc Primer + Powder Coat (Black) (Color: BK08)
Lock System:
3' Von Duprin 22 Egress Bar w/ Night Latch Lever
Keedex Box
BarGuard
Strike System:

HES 9600 Electric Strike

ESTIMATE
Phone: (888)491-4283 / Email: [email protected] / Page: 2 of 2 GATE HANDING WITH AUTOPED:

Left Hand Track Arm Assy. *Pull to Open*
Additional Autoped Components:

Open Physical Stop Kit (Positive Stop)
3-Position Key Switch Assy. (On-Off-Hold Open) w/ 4 Barrel Keys SHIPPING NOTE:

Shipping estimates provided are for budgetary purposes only and they are subject to change. Final shipping charges will be calculated when system(s) are palletized, wrapped, measured and weighed prior to Torxun’s submission of the final invoice. We always get multiple quotes for freight to assure you are getting the best deal.

Payment Terms
Payment Terms:
50% Deposit payment with purchase order
Remaining Balance After Shipping: (Net 30)
Note: All invoices paid via credit card are subject to a 3% surcharge.

Current Shipment Lead Time:
6 weeks or less
Allow sender | Block sender
Outlook
RE: Online Inquiry
From Kehley, Todd <[email protected]>
Date Mon 12/2/2024 7:09 AM
To Richard Tree <[email protected]>
Caution! This message was sent from outside your organization.

Good day Richard!
As promised, please see the following:

Budgetary Estimate - Materials Only (transportation, installer markup and installation services not included)
Gate: $12,500 each
I did find out that we have a 2150 design that uses the AutoPed operator by Torxun to automate our ped gate. I don’t know anything about the operator but can look into it if this is something you would be interested in.

Gate and Operator: $23,000 each
For rough budgeting purposes, the furnished and installed cost could be approximately 2 times the cost of materials
Best regards,

TYMETAL
Greenwich, NY
Todd Kehley CGAD | Specification & Design – Western U.S. & International Region Office – 800-328-4283 X323 | [email protected]
How are we doing? Please leave us a review: Leave Us A Review From: Richard Tree <[email protected]>
Sent: Wednesday, November 27, 2024 12:40 PM
To: Kehley, Todd <[email protected]>
Subject: Re: Online Inquiry
Thanks!
12/9/24, 1:37 PM Mail - Richard Tree - Outlook
https://outlook.office365.com/mail/id/AAQkADY4YzhlODczLWRmZTctNGFmZi04OGZmLTY3ZGJmZTMwNTM3YgAQAGrH9FrlVU4bjsIQhvydxLk%3D 1/4 Item No. 8.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization to Enter into an Agreement with the Tulare County Association of Governments (TCAG) for College of the Sequoias (COS) Student Transit Services
SOURCE: Public Works
COMMENT: The COS Student Transit Pass Program was established in 2010 to provide students with unlimited transit rides during each semester. This program is funded by a transportation fee collected from COS students, with additional contributions from the COS Board of Trustees. Full-time students pay $10 per semester, and part-time students pay $9 per semester toward the program. The COS Board of Trustees supplements these fees with an additional $1 contribution per student each semester.

The original agreement governing the program expired in January 2021, but due to the disruptions caused by the COVID-19 pandemic, the program continued to operate informally under the terms of the expired agreement.

In the summer of 2024, TCAG revisited the program and updated the agreement to extend its term from January 1, 2025, through January 1, 2031. The updated agreement ensures the continuation of unlimited transit services for COS students while maintaining financial and operational continuity for participating transit agencies, including the City of Porterville. The City’s transit system serves an average annual ridership of 1,200 COS students through this program, generating approximately $1,500 in revenues annually. These revenues help offset the costs associated with providing the service.

TCAG will distribute funds to participating transit providers based on a formula outlined in the agreement. Half of the funds will be allocated proportionally based on ridership and mileage data, while the other half will support new and expanded transit services directly resulting from COS student ridership. The agreement also requires transit providers to track ridership data using approved methods and submit it to TCAG by the 21st day of the month following the end of each semester. Failure to submit data on time will result in payment based on 50% of the previous semester's ridership totals. The agreement further extends the timeline for TCAG to transfer funds to transit providers, allowing up to 20 business days after the receipt of ridership data and related documentation.

Item No. 8.

This agreement also provides operational support by reimbursing costs for service expansions and capital improvements directly attributable to COS student ridership. These provisions ensure that the City has the resources to maintain and expand services as needed. Approval of this agreement will formalize the City’s participation in the program and ensure that transit services for COS students continue without interruption. This agreement highlights the City’s commitment to fostering accessible transportation for the community while ensuring fiscal responsibility and operational efficiency. The agreement does not result in any additional fiscal impact to the City of Porterville, as the transit services provided are funded entirely through program revenues collected by TCAG.

While this agreement focuses on students from the College of the Sequoias, staff recognizes the potential to extend similar benefits to Porterville College students in the future. Porterville College is not part of this agreement because it is part of a different community college district. Extending these benefits to Porterville College students would require separate approvals by the Porterville College student body and its Board of Trustees. However, staff is interested in having discussions with the Porterville College Board of Trustees to explore opportunities for a similar transit program for Porterville College students.

RECOMMENDATION: That the City Council Authorize the City Manager to execute an agreement with the Tulare County Association of Governments (TCAG) for the provision of transit services for College of the Sequoias (COS) students.

ATTACHMENTS: 1. Draft 2024 COS Agreement
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager

TRANSIT PROVIDER AGREEMENT

FOR TRANSIT SERVICES FOR THE COLLEGE OF THE

SEQUOIAS STUDENT TRANSIT PASS PROGRAM

BETWEEN THE TULARE COUNTY ASSOCIATION OF

GOVERNMENTS (TCAG)

AND THE CITY OF PORTERVILLE
This Agreement is made and entered into this 17th day of December 2024, by and between the Tulare County Association of Governments, hereinafter referred to as “TCAG,” and the City of Porterville, hereinafter referred to as “Agency,” effective January 1, 2025.

RECITALS
WHEREAS, in September 2010 College of the Sequoias (COS) students voted to implement a mandatory transportation fee of $5 per full-time student, and $4 per parttime student, which would provide students with an unlimited fixed route transit pass valid on Tulare County fixed route bus services (excluding Sequoia Shuttle) and Kings Area Rural Transit fixed routes; and
WHEREAS, in May 2014 COS students voted to implement an additional mandatory fee of $5 per full-time and part-time student to contribute to the existing COS Student Transit Pass Program; and
WHEREAS, the transit services available to registered students will include fixed route services on the following transit systems: Visalia Transit, Porterville Transit, and Tulare County Regional Transit Agency (TCRTA); and
WHEREAS, the COS Board of Trustees will contribute $1.00 to the transportation fund for each COS student that is enrolled, per semester in the semester in which they are enrolled; and
WHEREAS, COS students will not receive student transit program identification valid on participating fixed route transit unless they have paid their student transportation fees for the semester; and
WHEREAS, additional funding may be received from grants and other sources and may be applied during the contract period of the agreement; and WHEREAS, COS will collect all transportation funds and provide to TCAG, based on the total number of students paying fees; and

AGREEMENT
College of the Sequoias Student Transit Pass Program
2 WHEREAS, Agency will track transit ridership by students using valid COS identification cards using a tracking method approved by TCAG; and WHEREAS, Agency will submit ridership data for student passengers using valid COS student identification to TCAG following the conclusion of each semester; and WHEREAS, Agency will submit the average miles per passenger for participating fixed route systems only from each year’s State Controller’s Report or National Transit Database reporting; and
WHEREAS, TCAG will retain 1% from the Board of Trustees and COS Student funds for administration costs; and
WHEREAS, if Agency fails to submit appropriate COS student ridership data by the 21st day of the month following the end of the semester, the Agency agrees to accept payment based on one-half of their previous semester’s ridership data; and WHEREAS, TCAG shall distribute fifty-percent of received funds to participating transit providers based on ridership and mileage criteria; and WHEREAS, TCAG shall distribute fifty-percent of received funds to transit providers based on new and expanded service costs incurred by transit providers as a direct result of COS student riders; and
WHEREAS, TCAG shall determine the criteria for determining new and expanded service costs incurred as a direct result of COS student riders, with input from transit providers, and will approve amounts payable; and WHEREAS, TCAG shall adopt criteria for determination of new and expanded service costs, and the first proposal for criteria parameters will be presented to the TCAG Board in September 2024; and
WHEREAS, this agreement shall be valid for the Fall 2014 academic semester through the Fall 2020 academic semester, unless otherwise amended or superseded.

NOW, THEREFORE, the parties agree as follows:

1. TERM. This agreement shall commence on January 1, 2025, and shall expire at 11:59 PM on January 1, 2031, unless otherwise terminated, amended, or superseded. The agreement will be renewable for similar or different terms and conditions upon mutual agreement between all parties.

2. INDEPENDENT CONTRACTOR. While engaged in carrying out and complying with the terms and conditions of this agreement, TCAG is an independent contractor, and not an officer, agent, or employee of Agency.

AGREEMENT
College of the Sequoias Student Transit Pass Program
3 3. PAYMENT. TCAG agrees to transfer the funds received by COS (less administrative and material costs) after the conclusion of each semester/session in which funds are collected to participating agencies within 20 business days of receiving the funds, and once all COS student ridership data and average passenger mileage is received for the semester/session. Ridership totals are to be submitted following the close of each semester and are due by the 21st of the month following the end of the previous semester. If the 21st falls on a weekend, the data is due the following working day. If Agency fails to submit the required data by the 21st of the month after the prior semester, Agency agrees to accept payment based on one-half of their previous month’s ridership.

TCAG will disburse fifty percent of the funds received (less administrative and material costs) to transit providers based on the following formula: 50% of applicable semester/session funds in proportion to provider’s share of student ridership and 50% of applicable semester/session funds in proportion to provider average passenger mile percentage as reported in Agency’s annual State Controller Report (SCR). Ridership shall be tracked by the Agency through the Agency operations contractor/employees and submitted in a report. Agency shall make available the source documents to verify that report if requested by TCAG.

TCAG will disburse funds from the other fifty-percent of those received (less administration) to transit providers based on new and expanded service costs incurred by transit providers as a direct result of COS student riders. Said expenses must be for service expansion or capital improvements made after the commencement of this agreement that are attributable in part or in whole to COS student ridership. Service costs and capital costs exceeding $5,000 shall be reimbursed in proportion to student ridership on the route or routes in question.

Capital costs of $5,000 or less that are incurred because of COS student pass program ridership shall be reimbursed in full.

If the latter defined fifty-percent of funds exceeds the approved amount of costs incurred, TCAG will hold those funds for future said expenses. If the funds are less than the approved costs incurred, TCAG will disperse funds up to the payable amount as they come in. In the instance that multiple agencies are owed amounts for this portion of funds, funds will be paid out proportionately based on amount owed to each agency.

4. ADMINISTRATION COSTS. In consideration of the above payments and other activities associated with the program’s administration, TCAG will retain 1% of total funds for administration costs. Funds received for the program shall also pay for proper identification for student riders. Student identification shall be updated every semester/session.

5. DEFAULT. Upon default by TCAG or Agency in any of the covenants or conditions of this agreement, TCAG or Agency may terminate agreement upon 60 days advance written notice to the defaulting party.

AGREEMENT
College of the Sequoias Student Transit Pass Program
4 6. AMENDMENTS. This agreement cannot be changed or supplemented orally and may be modified or superseded only by written instrument executed by both parties.

7. GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of California.

8. BINDING EFFECT. This agreement is for the benefit of and shall be binding on all parties and their respective successors, heirs, and assigns.

9. ATTORNEYS’ FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs for all such fees and costs incurred prior to the date of execution of this agreement.

10. BREACH OF AGREEMENT. If either party breaches this agreement, the prevailing party shall be entitled to all damages reasonably flowing from the breach.

11. INDEMNIFICATION. Agency and TCAG shall hold each other harmless, defend and indemnify their respective agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, arising out of the activities of Agency or TCAG or its agents, officers and employees under this agreement. This indemnification shall be provided by each party to the other party regarding its own activities undertaken pursuant to this agreement, or as a result of the relationship thereby created, including any claims that may be made against either party by any taxing authority asserting that an employer-employee relationship exists by reason of this agreement, and any claims made against either party alleging civil rights violations by such party under Government Code sections 12920 et seq. (California Fair Employment and Housing Act). This indemnification obligation shall continue beyond the term of this agreement as to any acts or omissions occurring under this agreement or any extension of this agreement.

12. EXECUTION IN COUNTERPARTS. This agreement may be executed in counterparts such that the signatures may appear on separate signature pages.

A copy of an original, with all signatures appended together, shall be deemed a fully executed agreement.

13. SEVERABILITY. If any provision of this agreement is held to be void, voidable, or unenforceable, the remaining portions of the agreement shall remain in full force and effect.

14. INTERPRETATION. The language of all parts of this agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party.

AGREEMENT
College of the Sequoias Student Transit Pass Program
5 15. COMPLIANCE WITH LAW. TCAG agrees to perform the services contemplated by this agreement in a professional and a competent manner and in compliance with all state or federal laws or regulations governing the services to be rendered pursuant to this agreement.

16. BOARD APPROVAL. The parties recognize that the effectiveness of this agreement is contingent upon approval by the Agency and TCAG.

17. OTHER DOCUMENTS/ACTS. The parties agree to work together diligently and to execute related documents and perform related acts necessary for the successful performance of this agreement.

18. ENTIRE AGREEMENT. This agreement and its attachments, if any, constitute the entire agreement and understanding between the parties. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained in this agreement. All prior understandings, terms, or conditions are deemed merged into this agreement and its attachments.

19. NOTICES TO PARTIES. All notices to be given to the parties to this agreement shall be in writing and served by depositing same in the United States Mail, postage prepaid, registered or certified mail.

Notices to TCAG should be addressed to:

Tulare County Association of Governments
210 N. Church Street, Suite B
Visalia, CA 93291
Notices to Agency should be addressed to:

City of Porterville
291 N. Main St.

Porterville, CA 93257
IN WITNESS WHEROF, the parties hereto have executed this agreement in duplicate the day and year first herein above written.

TULARE COUNTY ASSOCIATION OF GOVERNMENTS:

Signature Date
Ted Smalley, Executive Director
Name and Title

CITY OF PORTERVILLE

AGREEMENT
College of the Sequoias Student Transit Pass Program
6 Signature Date
Name and Title
Attest: ______________________
Name and Title Date
Item No. 9.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Authorization to Execute Landscape Maintenance Agreement with the California Department of Transportation (Caltrans) for the Landscape Screening Project
SOURCE: Engineering and Project Management
COMMENT: The California Department of Transportation (Caltrans) has completed the design of the Landscape Screening Project, which is located in the City of Porterville along State Route 190 from Prospect Street to Plano Street, and along State Route 65 from Henderson Avenue to Avenue 188 (postmiles 15.1–17.0 / 20.7–23.6, respectively). The proposed project includes the installation of landscaping and irrigation infrastructure to enhance the aesthetic quality of the area, improve environmental conditions, and contribute to the overall quality of life for Porterville residents and visitors.

Funding for this will be provided by Measure R funds as allocated by the Tulare County Association of Governments (TCAG). Upon completion of the installation, the ongoing maintenance will be managed by the City's Parks and/or Public Works Departments, dependent upon the scope of work involved.

In order to formally accept this responsibility and move forward with obtaining the necessary encroachment permits, the City must enter into a Landscape Maintenance Agreement with Caltrans. The agreement outlines the terms and conditions set forth for both the City of Porterville and the State of California, including maintenance repairs and required reporting should herbicides be utilized during said construction, maintenance, and/or repair work. We anticipate seeking authorization to advertise for bids in early 2025.

RECOMMENDATION: That the City Council:

1. Approve the Landscape Maintenance Agreement for the
Landscape Screening Project located within the State
Highway right-of-way along State Route 190 and State
Route 65 with the California Department of Transportation; and

2. Authorize the Mayor and City Manager to execute the
Item No. 9.
draft Landscape Maintenance Agreement between the City
of Porterville and the California Department of
Transportation.

ATTACHMENTS: 1. Draft Landscape Maintenance Agreement w/ Work Area Map
Appropriated/Funded:

Review By:

Department Director:

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

LANDSCAPE MAINTENANCE AGREEMENT

WITHIN STATE HIGHWAY RIGHT OF WAY
ON STATE ROUTE 190 AND STATE ROUTE 65 WITHIN THE CITY OF

PORTERVILLE
THIS AGREEMENT is made effective this day of , 20 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Porterville; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. WHEREAS the PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE’s right of way by Permit Number(s) .

2. WHEREAS, this Agreement addresses CITY responsibility for the landscape maintenance consisting of irrigation, shrubs, mulch, and weed removal (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 190 (postmile 15.1-17.0) and within State Highway right of way on State Route 65 (postmile

20.7-23.6), as shown on Exhibit A, attached to and made a part of this Agreement.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows:

1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on Exhibit “A.”

1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.

2. CITY agrees, at CITY expense, to do the following:

2.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

2.2. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

2.3. CITY will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way.

2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance.

2.5. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way.

2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.

2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

2.9. To prune shrubs to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

2.10. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA-0017) to the STATE to:

District 6 Maintenance Division, South Region at 1226 Olive Drive, Bakersfield, CA 93308.

2.12. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

2.13. To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING.

2.14. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

2.15. To MAINTAIN all of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, the removal of dirt, debris, weeds, and any deleterious item on or about the LANDSCAPING in an expeditious manner.

2.16. To allow random inspection of LANDSCAPING by a STATE representative.

2.17. All work by or on behalf of CITY will be done at no cost to STATE.

3. STATE agrees to do the following:

3.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them.

4. LEGAL RELATIONS AND RESPONSIBILITIES:

4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE.

However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect said cure.

4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

4.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

5. PREVAILING WAGES:

5.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY’S own forces is exempt from the Labor Code's Prevailing Wage requirements.

5.2. Requirements in Subcontracts – CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

6. INSURANCE – CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

6.1. SELF-INSURED – CITY is self insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement in a form satisfactory to STATE, along with a signed copy of the Agreement.

6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

7. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

8. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITYOF PORTERVILLE
By:
, Mayor
Initiated and Approved
By:
, CITY Manager
ATTEST:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

TOKS OMISHAKIN
Director of Transportation
By:

John Liu
Deputy District Director
Maintenance and Operations, District 6
By:

Fernando Gabriel-Moraga, Chief Deputy City Clerk
By:

Julia Lew, CITY Attorney
EAST MOUNTAIN VIEW Ave

VANDALIA
Ave
O
A
To Lindsay
To Bakersfield
Br No. 46-0225ROUTE 65/190 Sep
TULARE
SOUTH PROSPECT St
SOUTH PLANO St

END CONSTRUCTON
SOUTH JAYE St
TO AVENUE 188

HERNDERSON AVENUE UNDERCROSSING
ON ROUTE 65 FROM THE SOUTH END OF

PROSPECT STREET TO SOUTH PLANO STREET AND
IN PORTERVILLE ON ROUTE 190 FROM SOUTH

IN TULARE COUNTY

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PROJECT PLANS FOR CONSTRUCTION ON

STATE HIGHWAY
TULARE

INDEX OF PLANS

BEGIN CONSTRUCTION
PM R15.1

SOUTH PORTERVILLE OH
Br No. 46-0002
P
PL
R
St
PM R14.8Begin Work
ROUTE 190
ROUTE 65

PORTERVILLE

PORTERVILLE

CITY LIMIT

NO SCALE
POPLAR
Ave
Poplar Ditch
Springville
To
Tipton
To
820 830 840 850 860 870
880
890 900 910 920 930 940
PM 17.0

ABANDONED RR TRACKS
INDIANA St
S WESTERN Ave
POPLAR
Ave
SOUTH INDIANA St
S E St
SOUTH MAIN St
810
PM 18.1 ROUTE 65PM R15.2 ROUTE 190
06 Tul 190/65
1 ??? 20.7/23.6 15.1.0/17.0,
x
x
x
x
x

LAST REVISION

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PROJECT PLANS FOR CONSTRUCTION ON

STATE HIGHWAY

PROJECT MANAGER
SHEET

DEL NORTE

SISKIYOU MODOC

HUMBOLDT

TRINITY SHASTA LASSEN
TEHAMA

MENDOCINO

GLENN BUTTE
PLUMAS
SIERRA
NEVADA
PLACER

YUBA COLUSA
LAKE
YOLO

SONOMA NAPA

EL DORADO
MARIN

AMADOR ALPINE

CALAVERAS CONTRA
COSTA

TUOLUMNE
MONO
SANTA
CLARA

SANTA CRUZ

STANISLAUS MARIPOSA
MERCED
MADERA
FRESNO

MONTEREY
INYO
KINGS

OBISPO KERN
SANTA

BARBARA

VENTURA

LOS ANGELES

SAN BERNARDINO

RIVERSIDE

SAN DIEGO IMPERIAL
ORANGE
SOLANO

ALAMEDA
MENTO
SACRAJOAQUIN
SAN
SAN
BENITO
SAN
LUIS
SUTTER

SAN FRANCISCO

SAN MATEO
Dist COUNTY ROUTE
TOTAL

TOTAL PROJECT SHEETS

LOCATION MAP

POST MILES
No.

OF LICENSE AS SPECIFIED IN THE "NOTICE TO BIDDERS."

INDEX OF PLANS

SENIOR LANDSCAPE ARCHITECT
TIME PLOTTED =>
DATE PLOTTED =>
12:48
21-AUG-2023
R
01-25-22
R

THE CONTRACTOR SHALL POSSESS THE CLASS (OR CLASSES)
UNIT PROJECT NUMBER & PHASE Tul190-65ab001.dgn
USERNAME => s157312
DGN FILE =>

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2
3 CALTRANS WEB SITE IS: HTTP//WWW.DOT.CA.GOV/ 1501 00000000001 TO BE SUPPLEMENTED BY STANDARD PLANS DATED 2018
BORDER LAST REVISED 8/1/2016

LICENSED LANDSCAPE ARCHITECT

LICENSED
LANDS
APE

ARCHITECT
Signature
Renewal Date
Date
C
00/00/00

PLANS APPROVAL DATE
COMPLETENESS OF SCANNED COPIES OF THIS PLAN SHEET.RESPONSIBLE FOR THE ACCURACY OR OFFICERS OR AGENTS SHALL NOT BETHE STATE OF CALIFORNIA OR ITS Month 0, 0000

BRAD COLE SUMANGALI HOODE
PROVISIONS BOOK.IS INCLUDED IN THE NOTICE TO BIDDERS AND SPECIALTHE STANDARD PLANS LIST APPLICABLE TO THIS CONTRACT XX REVISED STANDARD PLANSXX PLANT LEGEND, PLANS AND QUANTITIESXX IRRIGATION SCHEDULES, PLANS, AND QUANTITIESXX SUMMARY OF QUANTITIESXX TRAFFIC HANDLING PLANS AND QUANTITIESXX CONSTRUCTION AREA SIGNS1 TITLE AND LOCATION MAPNo. DESCRIPTIONSHEET MILO
St
PM R20.7

BEGIN CONSTRUCTION
Ave 200
Ave 182
Ave 184

CITY LIMITS

PORTERVILLE
Rd
228
Rd
232
Ave 188
Ave 192
Rd
224
Ave 196
Rd
224
Rd
222

PORTERVILLE
Ave
Ave
MORTON Ave UC
Ave
PM 19.5
Begin Work
Ave
PM 23.6END CONSTRUCTION
PM 24.2End Work

NO SCALE
Ave 204
WESTFIELD Ave OC

W HENDERSON
W WESTFIELD Ave

W OLIVE
W MORTON Ave
W PIONEER Ave

W NORTH GRAND

W LINDA VISTA
Br No 46-0221
HENDERSON Ave UC
OLIVE Dr

HIGHWAY

FRAZIER

STRATHMORE
Tulare
To
Kern
Fraint
Canal
Tule
Miner
Ditch
Porter
ROUTE
65 ROUTE
65 OLIVE Ave UC
BrTULE RIVER
Rte 65/190 Sep
Bakersfield
To
ROUTE
190
POPLAR
Ave
Br No 46-0182
FRIANT-KERN CANAL Br
Ave 178
River

17.2End Work
Exhibit A
Item No. 10.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Interagency Agreement - Community Center Project Funding SOURCE: Engineering and Project Management
COMMENT: The Community Center and Park Project that is to be constructed along Henderson Avenue just east of Fourth Street is currently out for bid with an anticipated bid opening date in early January 2025. This project includes the construction of a fully-sprinklered 16,514 square-foot community center with a gym, racquetball court, teen activity and study rooms, and staff offices. The project also includes the development of a park on the property that includes a splash pad, challenge course, pump track, climbing boulder, mini pitch area, playground, and connections to the newly refurbished Santa Fe Byway.

Funding for the project includes $4,266,673 in American Rescue Plan Act Funds (ARPA), which requires an obligation of said funds before December 31, 2024. As the project is currently out for bid, the City is able to meet the allocation requirements and deadline by entering into an "Interagency Agreement" between itself and the City of Porterville Parks and Leisure Services Department for the ARPA funding portion of this project.

RECOMMENDATION: That the City Council:

1. Authorize the Draft Interagency Agreement between the City of Porterville and the City Parks and Leisure Services Department; and

2. Authorize the Mayor to execute the Draft Interagency Agreement on behalf of the City; and

3. Authorize the Parks and Leisure Services Director to execute their portion of the Draft Interagency Agreement.

ATTACHMENTS: 1. Locator Map

2. Draft Interagency Agreement

3. Obligating SLFRF Funds Through an Interagency
Agreement
Appropriated/Funded:

Item No. 10.

Review By:

Department Director:

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

LOCATION MAP

NOT TO SCALE

NOT TO SCALE

VICINITY MAP
65 190

PROJECT AREA

OLIVE AVE

PLANO ST

PROSPECT ST

MAIN ST

HENDERSON AVE

MORTON AVE MAIN ST JAYE ST

DATE AVE

DOWNTOWN

TULARE RIVER

NEWCOMB ST

PROJECT AREA
65 MORTON AVE

HENDERSON AVE

OLIVE AVE MAIN ST VILLA ST PLANO ST

WESTFIELD AVE

FOURTH ST COMMUNITY CENTER AND PARK

PORTERVILLE, CA

CITY OF PORTERVILLE

AGREEMENT
This Interagency Agreement (“Agreement”) is made between the City of Porterville (“CITY”) and the City of Porterville Parks Department (“Agency”).

WHEREAS, the 2021 American Rescue Plan Act (“ARPA”) provided $19,984,717 to the CITY from the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”); WHEREAS, the U.S. Department of Treasury is the federal agency that administers the SLFRF funding and has provided the CITY with the SLFRF funding conditional on the CITY complying with its rules and regulations;
WHEREAS, the CITY has established a process for CITY agencies and organizations external to the CITY to apply for SLFRF funding and recommends the Agency receive SLFRF funding for its Program as described in this Agreement;
WHEREAS, the CITY and the Agency wish to enter into this Agreement to memorialize each other’s responsibilities in regard to the SLFRF funding for the Program; and NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

A. PURPOSE
The CITY hereby agrees to provide SLFRF funding, in the amount set forth herein, to the Agency to facilitate the implementation of the Program set forth herein.

B. SCOPE OF PROGRAM
Agency shall implement the Program, including any milestones and deliverables, as described as:

Construction of the Community Center and Park on Henderson Avenue just east of Fourth Street in Porterville. $4,266,673 in SLFRF budgeted towards the overall approximate budget of $18,247,577.70 (final budget to be authorized upon project award).

C. TERM
The term of this Agreement shall begin on December 18, 2024, and end on DECEMBER 31, 2026, unless terminated earlier in accordance with this Agreement.

D. FINANCIAL AND PERFORMANCE REQUIREMENTS

1. Funding. Subject to the availability of SLFRF funding, the CITY shall provide funds to the Agency for the Program, in the amount of Four Million Two Hundred Sixty-Six Thousand Six Hundred SeventyThree Dollars ($4,266,673) for the term. Any expenses/costs incurred by Agency in excess of this amount shall be the sole responsibility of Agency if additional SLFRF funding is not available from the CITY.

2. Budget. Agency agrees that all expenditures are to be in accordance with the approved budget for the term of this Agreement. The approved budget provided herein.

3. Payment. The CITY shall make SLFRF funding as specified in this Agreement available for use.

The SLFRF funding shall be used to provide the services described in this Agreement. Any SLFRF funding advanced to Department prior to the execution of this Agreement which is related to this Agreement is subject to the terms and conditions of this Agreement.

4. Reporting. The Agency agrees to provide supporting documents and corresponding reports as requested by the U.S. Department of the Treasury and the CITY to meet any reporting deadlines. The Agency shall adhere to the instructions and format, including specific forms required by the CITY and the U.S Department of Treasury for the SLFRF funding.

5. Audits. The Agency shall comply with all applicable provisions of the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements (2 CFR 200) and the regulations and guidance propagated by the U.S. Department of the Treasury applicable to SLFRF funding. At any time during business hours and as often as the CITY may deem necessary, there shall be made available for examination, the Agency’s records with respect to matters covered by this Agreement. The Agency shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, records of personnel, conditions of employment and other data relating to matters covered by this Agreement.

6. Records. The Agency shall retain records related to this Agreement for a period of five (5) years after all funds have been expended or returned to the U.S. Department of Treasury, whichever is later.

E. CORRECTIVE ACTION AND TERMINATION

1. Corrective Action. Upon written notice, the CITY may require the Agency to take corrective action so the Agency is in compliance with federal, state, or local laws, regulations, or rules related to the SLFRF funding for the Program. Corrective action may be required for but is not limited to instances in which the Agency: (a) fails to file a report, (b) fails to meet performance standards, (c) fails to meet milestones or timelines, or (d) misuses funds. The CITY may require corrective action of the Agency, including but not be limited to: (a) a written warning, (b) additional technical assistance, (c) additional monitoring, (d) Program suspension, and (e) reduction/repayment of funding.

2. Termination. Either party may terminate this Agreement by giving to the other party written notification prior to termination. Upon termination, the parties hereto agree that all reports and supporting documentation required for services rendered pursuant to this Agreement shall be provided to the CITY forthwith. Any funds advanced to the Agency for services not yet rendered shall be returned to the CITY immediately.

F. MODIFICATIONS AND AMENDMENTS
The Agency may submit a written request to the CITY asking for (i) an extension to the term of this Agreement; and/or (ii) a budget reallocation not to exceed twenty-five (25) percent of the SLFRF funding.

The request should include an explanation for why an extension and/or Program budget reallocation is needed and be provided to the CITY at least sixty (60) days prior to the expiration date of this Agreement.

The request must include all required documentation to justify the need for an extension and/or reallocation.

The CITY will approve or deny the request in writing. The Agency may not expend the SLFRF funding under a reallocated Program budget until such time they have received written approval from the CITY.

Any additional funds or other modifications may be added to this Agreement by written Amendment setting forth the modifications/ amendments signed by the parties and approved by the CITY, if applicable.

IN WITNESS WHEREOF, the parties hereto agreement to terms of this Agreement as of the date and year first written below.

FOR THE CITY FOR THE AGENCY
Signature Signature
Print Name Print Name
Title Title
Date Date
State, local, territorial and Tribal governments across the country are using State and Local Fiscal Recovery Funds (SLFRF) to mitigate the fiscal impacts of the pandemic and serve the needs of their communities.

Treasury has clarified that a recipient may enter into an interagency agreement, including a memorandum of understanding, between departments and agencies within a recipient’s government and treat those funds as obligated for purposes of SLFRF if the interagency agreement meets certain conditions, as discussed below and pursuant to FAQ 17.6.

SLFRF recipients must obligate all funds by the end of 2024, and must expend all funds by the end of 2026. 1 Treasury published the additional guidance in Section 17 of the SLFRF FAQs to clarify how recipients can complete obligated projects in 2025 and 2026, using contracts or subawards or interagency agreements.

Recipients may wish to use funds for a variety of projects undertaken themselves:
• To carry out educational programs, such as payroll for teachers for a summer program to address learning loss related to the pandemic;
• To administer a workforce training program;
• To finance capital projects through a housing agency; • To provide public safety services.

The interagency agreement must be in effect by December 31, 2024, and must meet these conditions:

ONE requirement from Column A: ALL requirements from Column B:
• Imposes conditions on the use of funds by recipient
agency, department, or part of government receiving
funds to carry out the program
• Sets forth specific requirements (e.g., scope of work and project deliverables)
• Governs provision of funds from one agency,
department, or part of government to another to carry
out an eligible use of SLFRF funds
• Is signed by the parties or otherwise evidences assent of parties
• Governs the procurement of goods or services by
one agency, department, or part of government from
another
• Does not disclaim binding effect or state that it does not create rights or obligations
The interagency agreement must be reported to Treasury as described in the Compliance and Reporting Guidance. A recipient can modify an existing interagency agreement before December 31, 2024 to ensure it meets the requirements described above and in FAQ 17.6. The agreement may also be between units of a Tribal government, as described in FAQ 17.23.

You can learn more about obligating SLFRF Funds through an interagency agreement by visiting our webpage, Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions at https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf and see FAQs 17.6 and 17.23, or scan this QR code:
1 For projects under the Surface Transportation and Title I eligible use categories, recipients must expend funds by September 30, 2026.

Obligating SLFRF Funds Through an Interagency Agreement U.S. Department of the Treasury State and Local Fiscal Recovery Funds Item No. 11.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Porterville Girls Fastpitch Hayes Field Agreement Renewal SOURCE: Parks and Leisure Services
COMMENT: Porterville Girls Fastpitch (PGF) has had a facility use agreement for Hayes Field with the City of Porterville since 2018. PGF is a youth softball league serving girls ages 4-18. The league is played at Hayes Field and PGF has been the only league playing, or requesting to play at the facility since the inception of the agreement. The current agreement expires in January 2025, and may be extended an additional three (3) years upon the same terms and conditions, at the option of PGF, provided that PGF provides Notice of Intent to extend the agreement at least thirty (30) days prior to expiration of the initial period. PGF did provide the Notice of Intent and requested the agreement be extended.

The agreement states that PGF shall have exclusive use of the facility from February-May, and exclusive use of designated fields from AugustOctober. PGF shall submit annual paperwork and payment to the City in accordance with the Athletic Field Use Policy prior to the start of the season. PGF shall be responsible for maintaining the fields and surrounding areas during their scheduled playing period. PGF must procure and maintain insurance to City standards for the duration of the agreement. Also, PGF shall maintain a City of Porterville non-profit business license during the term of the agreement.

The field usage fee PGF would pay to utilize Hayes Field is $15 per day per field. This fee has remained the same since 2009. Light usage would continue to be paid monthly at the current rate of $10.00 per hour per field. The light fee has been in place since 2016. Porterville Little League has a similar agreement with the City for usage of the Burton Ballfields with the same fee schedule. The Parks and Leisure Services Commission voted unanimously at its meeting on December 5, 2024, to recommend that PGF be granted its agreement renewal request. City staff also recommends the agreement renewal between the City and PGF.

RECOMMENDATION: That the City Council:

1. Authorize the renewal of the Facility Use Agreement
Item No. 11.
between the City of Porterville and Porterville Girls
Fastpitch; and

2. Authorize the Mayor to execute said agreement.

ATTACHMENTS: 1. Locator Map Hayes Field

2. PGF Hayes Field Agreement
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Request for Approval to Apply for Bureau of Justice Assistance FY2024 Edward Byrne Memorial Justice Assistance Grant and Purchase of Four Surveillance Pole Cameras
SOURCE: Police
COMMENT: The Porterville Police Department has received notification that it is eligible to apply to the Bureau of Justice Assistance for a grant award of $18,994. The Department requests approval to file the grant application for funds from the Edward Byrne Memorial Justice Assistance Grants Program (JAG), established within the Bureau of Justice Assistance (BJA).

The purpose of the JAG Program is to provide local jurisdictions with opportunities to reduce crime and improve public safety through the use of the grant funds for a variety of activities, from increasing personnel and equipment resources for law enforcement to developing and supporting programs to enhance effective criminal justice processes.

Staff proposes to utilize the BJA grant funds to purchase four (4) surveillance pole cameras. Pole cameras allow officers to have surveillance in high-crime or problem areas without the expended cost of personnel. The department had a surveillance pole camera that is now inoperable due to outdated technology. If approved, these cameras would be available for officers and utilized to assist with solving crime in defined problem areas and provide safety for the citizens of Porterville.

Staff was only able to locate two companies that offered this equipment.

Staff obtained quotes for these cameras as follows:

Crime Point, Inc: $50,650.63
Valorence: $70,625.76
Staff is requesting authorization to purchase four (4) surveillance pole cameras from Crime Point, Inc. for the amount of $50,650.63. The purchase will be funded by the JAG Byrne grant funds; the department's asset forfeiture account and the police department operating budget.

RECOMMENDATION: That the City Council:

1. Approve the draft Resolution authorizing the filing of the FY2024 Edward Byrne Jag Grant application;

2. Authorize the Mayor and City Staff to sign all necessary grant documents;

3. Authorize a budget adjustment upon receipt of the funds; and

4. Authorize the purchase of (4) surveillance pole cameras from Crime Point, Inc for $50,650.63.

ATTACHMENTS: 1. Draft Resolution

2. Certifications and Assurances (2024)

3. Crime Point, Inc. Multi-purpose HermitCam Systems

4. Valorence Quote
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO.___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

GRANTING PERMISSION TO APPLY FOR
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS;
AUTHORIZING ACCEPTANCE OF THOSE FUNDS WHEN RECEIVED; AND

APPROVING A BUDGET ADJUSTMENT TO THE POLICE DEPARTMENT BUDGET BE IT HEREBY RESOLVED by the City Council of the City of Porterville as follows:

1. That the Porterville Police Department apply for FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG) funds; and

2. That the City of Porterville accept the FY2024 Edward Byrne Memorial Justice Assistance Grant (JAG) funds when received; and

3. That the Police Department proposed budget appropriation for Fiscal Year 2024/2025 be increased by $18,994 from JAG funds received to allow for the expenditure of those Grant Funds to purchase surveillance pole cameras.

PASSED, APPROVED, and ADOPTED this 17th day of December 2024.

____________________________________
Greg Meister, Mayor
ATTEST:

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

www.crimepoint.net
Crime Point, Inc.
4682 Calle Bolero Suite A
Camarillo, California 93012
United States
Phone: (888) 484-9901
Fax: (805) 388-3374
[email protected]
Estimate
Date: Dec 6, 2024
Valid Until: Feb 4, 2025
Estimate Number : 24744
BILL TO:

Porterville PD (CA)
350 N "D" St
Porterville, CA
SHIP TO:

Porterville PD (CA)
C/O: Bruce Sokoloff
,
Agency Name:Porterville PD (CA) Terms:Net 30
Contact Name:Bruce Sokoloff
No. Part Number Product Details Quantity List Price Total 1 MD-HC-LL-R4 Modular Low Light with 4TB NVR
Modular surveillance system with HermitCam® HD Low Light PTZ camera and integrated base, including 4TB hard drive,
recording software, QuickGlance interface, and cellular modem. Includes choice of concealment.
4 $ 11,499.00 $ 45,996.00
2 MD-DB-S-IN Modular Included Disguise - Disconnect Box with magnetic labels Disconnect Box with (1) set magnetic numbers, (1) magnetic electrical enclosure disguise labels included in price
4 $ 0.00 $ 0.00
3 MD-CPD Modular Disguise - Commercial Product without battery Drywall joint compound disguise box with ventilated modular base.
1 $ 350.00 $ 350.00
4 MD-VMP Vehicle Interior Mounting Platform
Adjustable vehicle mounting platform for Crime Point
HermitCam® HD Cameras and Modular Systems.
1 $ 650.00 $ 650.00
Shipping $400 $400
Discount
Complimentary mobile disguise and mounting plate.

Sub Total $ 47,396.00
Discount $1000
Tax $ 4,254.63
Adjustment $ 0.00
Grand Total $ 50,650.63
Terms and Conditions
Agency supplied data plan required for internet connectivity.

Prices quoted effective for 60 days.
[email protected]
888.621.5558
www.valorence.com
PREPARED FOR:

Porterville Police Department
- California
Lieutenant Bruce Sokoloff

EQUIPMENT QUOTE
Items this packet contains:
• Mission Statement
• Procurement Options
• Quote or Quotes
• Other Available Products
• Product Details Pages
• Sole Source Letter
• W9
Mission Statement:

We produce and provide quality, reliable, and innovative technology that saves lives, promotes safety, and protects property, or facilitates mission-critical objectives for the end-users .

What our product can do for your organization:

Valorence, LLC works with Law Enforcement agencies around the United States and Canada. We provide Law Enforcement Agencies like Porterville Police Department - California with innovative solutions that keep your communities safe, promote officer safety, and save time and money.

Procurement Powerhouse:

With over a decade worth of procurement experience, we know how to get it done. We are well versed in a wide variety of procurement vehicles:
• Federal / State / Local Requirements
• Federal GSA Contract Holder
• State Contracts
• Grants
• Local Third-Party Procurements
• Sole Source Justifications
• Request For Quote Proposals
About Us:

Valorence, LLC has been in business since 2010 and has provided surveillance solutions to law enforcement in some of the coldest, hottest and most humid areas in North America. Our team has several decades worth of law enforcement experience and surveillance implementation. We understand our clients and the important roll that quality reliable surveillance equipment plays in keeping you and your team safe.

We designed each of our systems with simplicity and reliability in mind. Our innovative technology provides us the unique ability to provide the highest uptime in the industry. Each system we sale comes with one year of 24/7 Mission Critical Support so you have a peace of mind knowing that you can always get the help you need, when you need it.
649 N 170 E
Smithfield, Utah, 84335
QUOTE
4 - Dual Purpose Modular (DPM) Pole Cameras - High Performance 4 - 5G Enabled Routers
4 - 1TB Onboard Storage Upgrades
4 - Integrated IR Flood Light
Note: All Advanced Covert Law Enforcement Surveillance Systems come with a full one year manufacturer's warranty on all parts and labor. 1 year extension(s) of the Mission Critical Warranty and Support is an extension beyond that first year, and can be renewed up to 5 years.

Quote No.:

Exp. Date:

QUOTE-PD 1462A
2025-06-04
or 6 Months from Issuance
Date, whichever is sooner.

Prepared for: Porterville Police Department -
California
Porterville California 93257
Name Price QTY Subtotal
(CLE) Advanced Dual Purpose Modular (DPM) Pole
Cam (High Performance)
(GSA Items - DPMHPUPGGSA and DPMBGSA)
Overview: Remotely Operated & Managed Surveillance System with Rapid Deployment Pole or vehicle mount surveillance solution. The ability to deploy this system covertly or in a highvisibility manner is one of the key features.

CAMERA: Axis Q61 series PTZ camera 30X Optical Zoom or
Better. Tilt Range 180 Lightfinder 2.0 Min lumination Light sensitivity (B/W) 0.02 Min illumination / light sensitivity (Color)

0.01 Electronic Image Stabilization Autotracking 2 Operating temperature -30 to 50 Electronic Image Stabilization AutoTracking 256 GB ON-BOARD STORAGE Upgradeable to 512gb or 1TB High-Performance Router with multiple Failsafes
ENCLOSURE: Remotely Operated and Managed Covert Pole
Camera system Custom Three (3) Window Enclosure designed by us (CLE) Enclosure & System that appears as standard power pole mounted electrical enclosure. The DPM has versatile deployment options such as on a power pole, streetlight, rooftop, residential or business window, vehicle with an optional vehicle mount and battery pack
The heavy-duty aluminum enclosure has a utility-grade design that is built for harsh outdoor elements and environments. The DPM can be deployed in extreme environments (Deserts, High Altitudes, Oceanside Locations) and temperatures ranging from -25f to 115f. The DPM has a durable powder-coated gray exterior (Other colors by request) with a quick deploy bracket mount. The DPM has acrylic tinted windows with perforated vinyl decals and a high-gain external 4g LTE antenna.

ROUTER: 4G LTE Router/Modem FirstNet Available Public
Safety Network Certified. Networks Available: AT&T, Verizon, Sprint, Telstra, T-Mobile, U.S. Cellular, Bell, Rogers, TELUS, Vodafone, EE, Optus Wi-Fi 802.11 a/b/g/n/ac
CLE SMART CONTROL SYSTEM: Web interface to monitor
system, including temperature and power | Scheduled Daily System Restart | Ability to schedule system standby to save battery | Email/SMS Text notifications for alarms | Key Fob Remote restart Failover | Restart system from web interface | $12,499.00 4 $49,996.00
Temperature controlled fan and overheat protection | Low battery email notification high-temperature notifications and protective system shutdown
POWER: Input AC: 90-260 V-AC, 50 watts, 50-60Hz Input DC: 12 V-DC (5A Fused) (Powered from Battery Pack, Vehicle, or Solar) Standard Protections: Reverse Polarity / short circuit/overload / over voltage / over temperature GENERAL INFO: Operating Temperature: -30F to 140F (-35C to 60C) Storage Conditions: -40 C to 70 C (-40 F to 158 F)
ITEMS INCLUDED WITH PURCHASE: Quick Mount Power Pole
Bracket and Pin (Lag bolts not included) Stripped 14 AWG Power Cable for Lineman to connect to Power Line 20-foot 16 AWG AC Power Extension Cord Perforated Window Decals
Components outlined that go end of life may be replaced with an equal or better component. Power tap available upon request only *** This LINE ITEM INCLUDES OPTIONAL UPGRADE to HIGH
PERFORMANCE from DPM Base system
(CLE) Peplink BR1 Pro 5G Enabled Router
• Cellular - 1
• Ethernet WAN 1(2.5G)+
• Ethernet LAN 2(GE)+
• Router Throughput 1Gbps
• SpeedFusion VPN Throughput (No Encryption) 400Mbps
• SpeedFusion CPN Throughput (256-bit-AES) 100Mbps
• Wi-Fi AP
• Wi-Fi WAN
• GPIO
• Recommended Users 1 - 150
• Number of SpeedFusion VPN Peers 2/5^
• Maximum Number of AP Supported 30
• LTE Category options 1x 5G
• Band 71
• Wi-Fi Radio - Dual (2.4GHz + 5GHz) 2x2 Wi-Fi 6
• Transmit Power (2.4GHz, single chain) - 24dBm
• Transmit Power (5GHz, single chain) - 26dBm
• Multiple SSIDs
• Captive Portal
• GPS
• Ignition Sensing
• Drop-In-Mode
• High Availability
• IP Passthrough
• Pepwave AP Series Management
• Remote AP & Multiple Config Profiles Management
• Wan as Lan
• Web Blocking
• Web Filtering Blacklist
• InControl Cloud Management
$1,500.00 4 $6,000.00
(CLE) Advanced Camera System 1TB Storage
Upgrade
(GSA Eligible Item - SD1TUPGGSA)
This is an upgrade of Storage for the Advanced Surveillance Systems with 1TB total internal storage.
$500.00 4 $2,000.00
(CLE) External Integrated IR Lighting System
(GSA Eligible Item EIRGSA)
External Integrated IR Lighting System designed to work with our covert camera systems in order to provide a reliable covert IR lighting option. The IR Illuminator can be attached directly to the external DPM Pole Camera enclosure, or used independently and attached to the power pole (or other objects) with the Pole Cam Mini, The Box, or the All-In-One.
$1,450.00 4 $5,800.00
Large Freight $850.00 1 $850.00
$64,646.00
Tax (9.25%) $5,979.76
Total $70,625.76
_____________________________________________________________________________________ Valorence, LLC (DBA: Covert Law Enforcement)
Mailing / Payment: 649 N 170 E, Smithfield, UT, 84335
Physical: 3002 North Main, North Logan, UT, 84341
GSA: 1756 North 8150 West, Mendon, UT 84325
888.621.5558 • www.valorence.com
• Est. 2010 • [email protected]
Also Available
Product Basic Description Price Range
Dual Purpose Modular Surveillance System (DPM)
Rapid deploy pole or vehicle mount surveillance solution. The ability to deploy this system covertly or in a high visibility manner is one of the key features.
$8,550 ~ $12,500
Pole Cam Mini
This surveillance system is designed to be deployed primarily in a covert manner on a telephone pole, on the side of a building, with 120 v AC, or from a vehicle with the lithium-ion power supply. $10,800 ~ 12,500
360 Cam
See all angles at the same time with this high visibility 360 degree surveillance system. This camera is Ideal for large gatherings, city parks, or street corners.
$8,550
All-In-One
With a full power supply and vehicle mount kit the All-In-One has everything needed to deploy from a vehicle for two to three days. $18,850
Micro Cam
Four pinhole lens cameras can be permanently or semipermanent installed into an undercover vehicle, a hotel room, or a drop vehicle. Combine the Micro Cam with the lithium-ion battery and a thermal lens for extra versatility.
$8,550 ~ $15,500
The Box
A completely self-sustained ground mount system that blends into any urban environment and doesn't require any supplemental power. The Box is quickly deployed without the use of any special training or equipment.
$19,990
Pole Mount Solar Power
Harness the power of the sun for your covert and overt
surveillance deployments. Get power to your system even when the power company can't.
$5,950
Product Basic Description Price Range
Lithium-Ion Power Supply
Advanced battery technology allows any of our advanced
surveillance systems to run for multiple days. Daisey chain power supplies for even more longer stretchers, and know that with a 10 year expected life span, your investing in the future.
$4,950
Vehicle Mount Kit
Extend the versatility of the Pole Cam Mini, and the DPM with the rapid deploy vehicle mount. By strategically placing the camera behind the vehicle window; target can be monitored from anywhere a vehicle goes.
$400
Surveillance Trailer Camera Mount and Power Supply
Strategically deploy your cameras in a high visibility manner.

Officer presence is key to managing community events and crime reduction efforts. This system integrates solar panels, batteries, and telescoping mast that send the message of safety and security.
$35,100 ~ $53,950
Mission Critical Warranty & Support
24/7 Mission Critical Support
Training
Deployment Assistance
Email Support
Software / Firmware / Operating System Updates
Trouble Shooting
Repair And Triage Return (Priority 1)
Parts and Labor
$650 ~ $3,000
Recording Server
Duplication of evidence and quick easy access is a very nice to have feature. Having physical hardware is preferred for some clients and reasons vary from ease of access to agency
regulation.
$4,750 ~ $5,950+
Cloud Storage
For those agencies that want the benefits of having duplicated evidence and easy playback, but don't want the overhead of managing the hardware. There are multiple cloud based solutions with multiple options to meet the specific needs.
$750 ~ $1,000
Yearly

Client Testimonials
"Covert Law Enforcement has gone above and beyond time and time again! I have worked with a lot of companies and vendors and I can tell you now its not just me, its also our IT department that loves them just as much because Covert Law Enforcement always fix the issues we run into. When other vendors don't support their product or they simply referred us to our own IT department." Detective John Pavia
Lynchburg Police Department - Virginia
"We requested a 360 degree camera solution that was reasonably priced but met all of our needs.

Valorence worked with us very closely and designed a custom, compact and very well thought out camera system that exceeded our expectations. The quality and workmanship is second to none." Detective Sergeant of Forensics Glenn Vandegrift
Bensalem Township Police Department - New Jersey
"We have been working with Covert Law Enforcement surveillance systems for years now, and know them to be extremely reliable and effective. We have found it a great tactical advantage to deploying the surveillance systems prior to our search warrant execution. The intel gathered by using the surveillance systems is invaluable for case prosecution and Officer safety." Sgt. Brooks Davis
Cache Rich Drug Task Force - Utah
"I believe that as a Captain over the investigations division, it is imperative to provide my detectives with the tools they need to succeed and keep the community safe. We purchased our first system in 2010, and over the last several years we have purchased several more because each division has found a need to use them. They have been used on everything from metal thefts, and drug investigations, to a child predator, and homicide investigations. As an administrator, I also get an overview of the various investigations that are being conducted." Captain Tyson Budge
Logan City Police Department - Utah
"The staff has been phenomenal to work with. Anytime I had a question, or issue, the response was immediate and on point. Thus far, this camera has been, by far, the best camera system we have ever utilized in our investigative actions. It is user friendly, and has more than met our expectations to date."
Deputy Shafter Baker
Noble County Sheriff's Office - Indiana
Client Testimonials
"From the customer service to product deployment and training, Covert Law Enforcement has proven to be top notch in every way. The mini pole cam has assisted in countless investigations the past year and I anticipate on many more the next several years as well. The ease of maneuverability, simplicity in operation and extremely covert nature of the product make it a must have for any LE agency serious about making an impact in community safety. The covert pole cams assist us the most. We are looking to purchase additional ones in the future." Sergeant Josh May
Chattanooga Police Department, Tennessee
"When the cameras are deployed in area's of interest we are successful in capturing video of major crimes like shootings, robberies and homicides, just about every single time that they are deployed. That's how beneficial this technology can be to Law Enforcement and to the community we work for. There was one homicide of a young child that we arrested 13 people on, specifically because we had the cameras in use. We never would have gotten there without this technology." Sergeant George Miller
US Marshal Violent Offender Task Force - Lake Charles, Louisiana "We have worked with Valorence for years. As our community has grown we have had more need for the mobile surveillance that they provide us with. We have been able to use the surveillance cameras to solve a large variety of criminal investigations ranging from homicides and human trafficking on down to drugs and trespassing."
Investigator Brandon Hazelwood
Frederick County Sheriffs Office - Virginia
Cover Law Enforcement has provided a tremendous tool for us to utilize for investigations and most recently for surveillance during the Boston Marathon. While setting these cameras up for the Marathon, there was a technical issue that I had encountered and the support team quickly remedied the situation, immediately responded via email when it was fixed and also offered additional support via telephone to be sure everything was online. We are up and running more smoothly than ever."
Lieutenant Howard
Natick Police Department - Massachusetts
"Covert Law Enforcement has provided my agency with the tools we need to complete major investigations on multiple occasions. They have been extremely helpful with the rare issues that arrive when their devices are deployed in the field. I would recommend them to any agency looking to increase their effectiveness and efficiency when handling modern day crime." Detective Bobinger
Charleston Police Department - West Virginia
Quote Acceptance:

Quote #: QUOTE-PD 1462 Option:

Porterville Police Department - California
Porterville California 93257
At Valorence, LLC, we strive to ensure clarity and fairness in our payment processes while accommodating the unique nature of our built-to-order surveillance equipment. This policy outlines the payment terms and conditions as well as high-level terms and conditions to maintain a transparent and effective business relationship with our clients. Detailed terms and conditions can be found on our websites at www.valorence.com and www.covertlawenforcement.com.
• Quotes: Quotes are valid only through date listed and all documents provided by Valorence, LLC remain property of Valorence, LLC and shall not be used or disclosed to any third party without prior written consent. This document expires on: 2025-06-04
• Placing an Order: Our products are build-to-order. We require a signed copy of the quote with the associated new order information filled out before we can put the order into the build queue. • Order Shipment: A valid purchase order or a minimum 50% payment is needed before dispatching your order. Exceptions can be made for special procurement processes with prior agreement. • Invoice Issuance: Invoices are Net 30 and will be issued at the time of order placement. Due to the requirement for cellular service activation, which is not always immediate and is dependent upon the client, we invoice at the time of order, not delivery. Payment is expected Net 30 from the time of the order. • Payment Period: Please note that not all equipment can be manufactured within the initial two weeks, and certain components may extend production lead times to several months. Some agencies adhere to a payment policy of net 30 days following delivery. We understand that this may conflict with the agency's procurement policies so we will refrain from applying late fees until 45 days post-delivery, however, we will issue the original invoice and send regular reminders starting from the order date, not the delivery date. • Remittance: Please remit the check or money order to:

Valorence, LLC ACH
649 N 170 E, Business Name: Valorence, LLC
Smithfield UT Bank: Wells Fargo
84335 Routing Number: 121000248
Account Number: 1405583053
• Cellular Service Activation:
• Cellular activation and functionality of the cellular service are the sole responsibility of the agency unless otherwise stated. Valorence, LLC is not liable for cellular coverage, signal strength, data caps, usage, system overload, or network speed
• Equipment can be used with limited features without cellular service. The inability of the client to acquire proper static IP cellular service is not a valid reason for return. • Failure to get proper cellular service does not negate the purchase order. • If the cellular service is not activated within two weeks of the order, Valorence reserves the right to ship the product without activation, or in part depending on the circumstances. • In cases where the product shipped without cellular service, the equipment may need to be returned to Valorence for cellular troubleshooting or programming. If this is the case, the client will bear all associated shipping fees and/or setup fees, as this is not covered under the warranty. • The inability of the client to acquire proper static IP cellular service is not considered to be a reason for the return of CLE products and can not be returned on this basis. • Late Payment Fees: Late payment fees, amounting to 3% of the invoice total per month, will be assessed starting 45 days from the delivery date.
• Credit Card Fees: All Credit Card Orders have a 3% credit card processing fee. • Tax-Exemption: Valorence, LLC assumes Federal, State, and Local government agencies are tax-exempt unless otherwise specified. Clients must identify tax requirements at the quote stage. Failure to do so means the client is responsible for paying any applicable taxes. Clients should provide their tax exemption certificate to Valorence, LLC. If a client is not tax-exempt, they must inform us promptly for the invoice to be adjusted with the relevant taxes
• Warranty: Products manufactured by Valorence, LLC come with a one-year manufacturer warranty.

Additional years may be purchased separately at the time of original purchase. An automated invoice will be sent just prior to the warranty expiring along with any other annual subscriptions on the invoice. It is the client's responsibility to make sure the warranty is up to date. Unauthorized or intentional tampering with settings or components will void the warranty. If the product is not under warranty and experiences a malfunction the client is responsible for all shipping, hardware, and hourly rates for labor, including time troubleshooting issues on the phone or via email. Warranty excludes neglect, abuse, theft, negligence, accidental damage or the dismantling of components.
• Product: Valorence, LLC does not deploy, or install surveillance equipment. We provide a finished product that is shipped to the end user who is responsible for the deployment in their unique use cases. • Packing: Keep the original packaging for your equipment. For repairs, return the equipment in its original packaging. Valorence, LLC is not responsible for damage to items returned without this packaging, and clients will be charged for any such damages.
• GSA: Unless specifically identified as a GSA Item they are not on the GSA Contract. GSA Pricing is inclusive of the IFF.
• Follow-up: The Client agrees to product satisfaction follow-up from Valorence, LLC or a third party if needed via phone or email.

Valorence, LLC is committed to providing quality, reliable, and innovative technology solutions. This payment policy is designed to ensure a smooth and fair transaction process for all our clients while allowing us to set proper budgetary expectations internally.

NEW PURCHASE and SETUP INFORMATION:

End User / Owner Agency if different from Purchasing Agency:

State: Quote: QUOTE-PD 1462
Sales Rep: Is this a GSA or State Contract Sale?
Total Price of Sale: Purchase Order Number If Available:

Shipping Address:

Critical Dates Associated with Sale (delivery/billing/etc...) Accounts Payable Email Address:

Billing Address:

Quote issued to: Bruce Sokoloff Contact Email: [email protected] End User
Name: Title: Email:

Phone Number:

IF APPLICABLE:

Cell Service Provider:

Cell Service Point of Contact (who will be working to set up the Cell Service)? Special Instructions / Term Exceptions:

I have read the payment terms listed on this quote and understand the expectations. I know that the full list of Terms and conditions are listed on the websites www.valorence.com and www.CovertLawEnforcement.com and will reference those for further detail if needed.

Bruce Sokoloff
Lieutenant Porterville Police Department -
California
OR
Authorized Representative of the aforementioned
Organization.

AGREED TO AND ACCEPTED:
_____________________________________________________________________________________ Valorence, LLC (DBA: Covert Law Enforcement)
Mailing / Payment: 649 N 170 E, Smithfield, UT,
84335
Physical: 3002 North Main, North Logan, UT,
84341
GSA: 1756 North 8150 West, Mendon, UT 84325
888.621.5558 • www.valorence.com
• Est. 2010 • [email protected]
CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Retirement of Police K9
SOURCE: Police
COMMENT: In March 2019, the City of Porterville purchased K9 "Kaiser," a Belgian Malinois for use as a police service dog. K9 "Kaiser" is now 7-years-old and has been in service for over six years, which is typical of the standard work life expectancy for a police service dog.

K9 "Kaiser" has reached an age, coupled with some previous health concerns and his handler being promoted to a supervisory position, wherein service as a police service dog is not in the best interest of either the department or K9 "Kaiser." These factors increase his chances of being injured while on duty as well as his chances of being physically impacted due to our stringent training program. As K9 “Kaiser” continues to age, there is an increasing potential he will not be able to perform at a peak level when needed. Due to these factors, the fair market value of "Kaiser" is $1.00.

When a police service dog retires, the two options available are to either euthanize the animal or enter into a contract to sell it to a person who has advanced training and experience in handling police service dogs and who is willing to assume all liability for the animal upon the sale.

Sergeant Justin Ellestad is his handler and has a vast amount of experience in handling police service dogs and is willing to assume all liability for the animal. As such, he has requested to purchase K9 "Kaiser".

RECOMMENDATION: That the City Council:

1. Approve the sale of K9 “Kaiser" to Sergeant Justin
Ellestad for the amount of $1; and

2. Authorize the Mayor to execute the agreement and
document the sale of K9 "Kaiser" to Sergeant Justin
Ellestad.

ATTACHMENTS: 1. Purchase Agreement
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
1 CITY OF PORTERVILLE
CANINE (K-9)

PURCHASE AGREEMENT
This Agreement between the City of Porterville (“City”) and Sergeant Justin Ellestad (“Sergeant”) is made with reference to the following findings:

A. Sergeant is assigned to the Patrol Division which includes being a K-9 Handler.

B. Sergeant was, in conjunction with his assignment as a K-9 Handler, given the care, custody and control of a police dog named “Kaiser” (“Dog”). Because of the extraordinary amount of time a handler spends with his canine partner, a strong mutual bond is developed between the handler and his canine. Furthermore, the Dog has been specially trained to assist officers in law enforcement tasks, and to respond to commands issued specifically by the Sergeant.

C. The average working life expectancy for a police service dog is five years to eight years. “Kaiser” was purchased and has been in either training or working for this department for almost 7 years. Given the above factors, further service of the Dog to the City is of minimal monetary value.

D. Due to the findings in Sections A through C, the City desires to sell the Dog to the Sergeant, pursuant to the terms set forth herein.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. City hereby sells the Dog to the Sergeant for the sum of one dollar ($1.00). The City is also providing the Sergeant with the Dog’s kennel and carrier at no additional cost to Sergeant.

2. Sergeant agrees and hereby assumes ownership and full responsibility for the care, maintenance, securing, food, housing, medical needs and expenses, and any and all other expenses that result from or arise out of Sergeant’s ownership of the Dog. City shall have no further responsibility or liability for the Dog or Dog’s care. Sergeant understands that City has made no representations concerning the health or condition of the Dog and accepts the Dog “as is.” Sergeant acknowledges that any dog’s behavior is subject to change, including but limited to a change in personality, health, or character, and also including aggression, and therefore Sergeant hereby assumes all risk of any kind related to the actions or behavior of said Dog, including but not limited to acts of aggression. In acknowledgment of this, Sergeant hereby 2 releases City from any liability for behavioral actions of the Dog or the direct or indirect consequences thereof.

3. To the fullest extent permitted by law, Sergeant agrees to hold harmless, indemnify and defend the City, its officers, employees, agents and volunteers, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation, arising out of Sergeant’s ownership or control of the Dog, or Dog or Sergeant ’s actions with Dog outside the course and scope of employment, and including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City.

4. Sergeant gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to Sergeant’s ownership and possession of the Dog.

5. This agreement constitutes the entire understanding of the parties and may only be amended by mutual written agreement executed by the parties.

Date:

SERGEANT
Justin Ellestad

CITY OF PORTERVILLE
Greg Meister, Mayor
Item No. 14.

CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Amendment to the Pay Rate Schedule for Seasonal Employees, PartTime Employees, and Full-Time Trainee Positions SOURCE: Administrative Services
COMMENT: The California Department of Finance has made the determination to increase the California minimum wage from $16.00 to $16.50 per hour, effective January 1, 2025. This increase will immediately impact pay rates for the City's seasonal and part-time employees. In order to maintain consistency within the salary ranges, and to avoid compaction between part-time classifications, staff is recommending an increase for those classifications in both minimum and maximum salary rates.

This year, the minimum wage increase will also impact four full-time trainee positions within the City's Position Pay Plan. The four positions are currently vacant, but staff recommends that the range be increased at this time to remain compliant with minimum wage requirements. The four positions are as follows:

Clerical Assistant Trainee
Field Service Worker Trainee
Library Assistant Trainee
Wastewater Treatment Facility Operator Trainee
All four positions are currently at Range 145 ($2787-$3401) and will need to be increased by three percent (3%) to Range 148 ($2871- $3504) to remain compliant with the minimum wage regulations.

The proposed adjustments have been anticipated and accounted for during the Fiscal Year 2024-2025 budgetary process. To implement these changes, it is proposed that the City's Employee Pay and Benefit Plan, Seasonal and Part-Time Pay Rates, and Position Pay Plan, be amended by Resolution of the City Council. Attached for Council's reference is the Fiscal Year 2023-2024 Seasonal & Part-Time Pay Rate Schedule, the proposed Fiscal Year 2023-2024 Pay Rate Schedule, and the draft resolution.

RECOMMENDATION: That the City Council:

Item No. 14.

1. Adopt the draft Resolution amending the City's
Employee Pay and Benefit Plan, Seasonal and Part-Time
rates, and Full-Time Trainee Pay Ranges;

2. Approve the proposed updated Position Pay Plan; and

3. Authorize the Mayor to execute these and other
documents necessary to implement the provisions hereof.

ATTACHMENTS: 1. Draft Resolution

2. Proposed Fiscal Year 2024-2025 Seasonal and PartTime Rates - Exhibit A

3. Proposed Fiscal Year 2024-2025 Position Pay Plan -
Exhibit B

4. Minimum Wage Increase - Director of Finance
Determination and Certification
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 APPROVING AN AMENDMENT

TO THE SEASONAL AND PART-TIME PAY RATES AND POSITION PAY PLAN WHEREAS, the City Council of the City of Porterville has established a Schedule of Wages for Seasonal and Part-time Employees; and
WHEREAS, it is proposed to amend the Fiscal Year 2024/25 Schedule for all Seasonal and Part-time positions in compliance with California’s minimum wage, to maintain consistency within the salary and avoid compaction between classifications; and WHEREAS, it is also proposed to amend the pay range for the following positions from Range 145 ($2787-$3401) to Range 148 ($2871-$3504) in compliance with California’s minimum wage requirements:

Clerical Assistant Trainee
Field Service Worker Trainee
Library Assistant Trainee
Wastewater Treatment Facility Operator Trainee
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby approve the revised Schedule of Wages for Seasonal and Parttime Employees, attached hereto and incorporated herein by this reference as Exhibit “A”, and the amendments to the full-time trainee positions, attached hereto and incorporated herein by this reference as Exhibit “B”, effective January 1, 2025.

BE IT FURTHER RESOLVED, that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.
, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel-Moraga, Chief Deputy City Clerk
1 APPENDIX A

SEASONAL AND PART TIME PAY RATES
2024-2025 Fiscal Year
Position Rate
Animal Shelter Technician…………………………………… $17.50 - $19.25/hour Encampment Maintenance Aide …………………………. $17.00 - $18.50/hour Clerical Aide…………………………………………………... $16.50 – $18.00/hour Kennel Technician……………………………………………. $16.50 – $18.00/hour Library Aide…………………………………………………….. $16.50 – $22.00/hour Lifeguard.……………………………………………………….. $16.50 – $18.50/hour
Lifeguard (Senior)……………………………………………… $18.50 – $20.00/hour Maintenance Aide …………………………………………... $16.50 – $18.00/hour Pool Cashier……………………………………………...…….. $16.50 – $18.00/hour Pool Manager…………………………………………….…… $21.50 – $24.00/hour
Pool Manager Assistant……………………………………… $20.00 – $21.50/hour Recreation Leader I………………………………………….. $16.50 – $18.00/hour Recreation Leader II…………………………………………. $18.00 – $20.50/hour Recreation Leader III………………………………………… $20.50 – $23.00/hour **Recreation Instructor………………………………….…… Percentage of Flat Rate Reserve Firefighter………………………………………..…... $16.50– $18.50/hour Sports Official/Umpire or Referee (Youth)…………..……. $16.50 – $25.00/game Sports Official/Umpire or Referee (Adult)…………..…….. $18.00 – $45.00/game Student Intern……………………………………………...…… $16.50 – $18.00/hour Zalud House Curator……………………………..………..….. $16.50 – $18.00/hour **Pay to be determined by the number of students enrolled and fees charged for selfsupporting classes and activities. "EXHIBIT A"
73 APPENDIX C
City of Porterville Position Pay Plan

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Accountant I 1 207 5166 6305 1 P 1
Accountant II 2 221 5939 7249 1 E 1
Account Clerk I 0 151 2959 3610 3 40 2
Account Clerk II 6 161 3268 3988 3 40 2
Account Clerk III 0 165 3401 4150 2 A 1
Accounting Technician 1 175 3757 4584 2 A 1
Administrative Aide 3 189 4319 5270 1 A 1
Administrative Aide (Limited Term) 0 189 4319 5270 1 A 1 Administrative Aide-Housing 2 189 4319 5270 1 A 1
Administrative Analyst I 2 207 5166 6305 1 E 1
Administrative Analyst II 3 221 5939 7249 1 E 1
Administrative Assistant 6 163 3334 4068 2 A 1
Administrative Services Manager 1 248 7772 9483 1 E -
Administrative Services Director 1 271 9770 12042 1 E - Adult Lit. Prog. Coord. (Lt. Term) 0 189 4319 5270 1 E 1 Airport Services Coordinator 0 192 4449 5430 1 E 1
Animal Control Officer 0 163 3334 4068 3 40 5
Animal Shelter Supervisor 1 208 5218 6368 1 E 1
Assistant City Engineer 1 247 7695 9389 1 P 1
Assistant City Manager 0 281 10792 13435 1 E -
Assistant Construction Project Mgr. 1 215 5595 6828 1 E 1 Assistant Engineer 1 215 5595 6828 1 P 1
Assistant Engineer (Limited Term) 0 215 5595 6828 1 P 1 Assistant Field Services Manager 0 234 6760 8250 1 A 1
"EXHIBIT B"
74 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Assistant Planner 1 207 5166 6305 1 P 1
Assistant Project Manager 1 215 5595 6828 1 E 1
Associate Engineer 2 226 6242 7619 1 P 1
Associate Planner 1 221 5939 7249 1 P 1
Building Inspector I 1 199 4770 5822 3 40 2
Building Inspector II 1 209 5270 6432 3 P 2
Building Permit Technician 1 189 4319 5270 1 A 1
Chemist I 1 213 5485 6693 1 P 1
Chemist II 0 221 5939 7249 1 P 1
Chief Building Inspector 1 226 6242 7619 1 E 1
Chief Building Official 1 236 6896 8416 1 E 1
Chief Deputy City Clerk 1 221 5939 7249 1 E 1
Chief Financial Officer 0 251 8007 9770 1 E -
Chief of Parks & Leisure Svcs. Ops. 0 247 7695 9389 1 E - City Attorney (part time) Flat
City Engineer 1 253 9169 9966 1 E 1
City Librarian 1 226 6242 7619 1 E 1
City Manager 1

CONTRAC
T
16701 16701 1 E -
City Planner 1 248 7772 9483 1 E 1
Clerical Assistant I 3 151 2959 3610 3 40 2
Clerical Assistant I (Limited Term) 1 151 2959 3610 3 40 2 Clerical Assistant II 6 156 3110 3794 3 40 2
Clerical Assistant III 3 161 3268 3988 3 A 2
Clerical Assistant Trainee 0 148 2871 3504 3 40 2
Code Enforcement Officer 3 173 3683 4494 3 40 5
Code Enforcement Officer II 1 193 4494 5485 3 40 5
Communications Dispatcher 15 171 3610 4405 3 40 5
75 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Communications Dispatcher (Lt.

Term) 0 171 3610 4405 3 40 5
Communications Supervisor 1 195 4584 5595 3 40 5
Community Development
Director 1 271 9770 12042 1 E -
Community Development
Manager 0 248 7772 9483 1 E 1
Community Services Officer I 7 173 3683 4494 3 40 5
Community Services Officer II 1 183 4068 4964 3 40 5
Construction/Project Manager 1 236 6896 8416 1 P 1
Crisis Intervention Specialist 1 193 4494 5485 3 40 5
Deputy City Clerk 0 207 5166 6305 1 A 1
Deputy City Manager 1 286 11345 14121 1 E -
Deputy Public Works Director/ City
Engineer 0 259 8671 10580 1 E -
Deputy Public Works Director/
Field Services Manager 0 259 8671 10580 1 E -
Development Assistant 1 207 5166 6305 1 P 1
Development Assistant: Housing 0 207 5166 6305 1 P 1
Development Associate 1 221 5939 7249 1 P 1
Economic Dev. & Housing Mgr. 1 248 7772 9483 1 E 1
Electrician/Instrument Technician 1 194 4538 5540 3 40 2 Encampment Maintenance
Worker 1 173 3683 4494 3 40 2
Engineering & Building Technician 2 175 3757 4584 3 40 2 Engineering Inspector I 0 199 4770 5822 3 P 2
Engineering Inspector II 2 209 5270 6432 3 P 2
Engineering & Project
Management Director 1 271 9770 12042 1 E -
Engineering Specialist I 0 179 3909 4770 3 40 2
Engineering Specialist II 2 190 4361 5323 3 40 2
Engineering Specialist III 1 199 4770 5822 3 P 2
76 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Engineering Specialist III – (Lt.

Term) 0 199 4770 5822 3 P 2
Executive Assistant to City
Manager 1 168 3504 4276 2 A 1
Field Services Manager 1 248 7772 9483 1 E 1
Field Services Shop
Superintendent 1 222 5998 7322 1 E 1
Field Services Shop Supervisor 0 199 4770 5822 1 E 1
Field Services-SuperintendentStreets 1 220 5881 7177 1 E 1 Field Services Superintendent 1 218 5765 7035 1 E 1
Field Services Supervisor 1 190 4361 5323 1 E 1
Field Services Supervisor- Streets 1 192 4449 5430 1 E 1 Field Services Supervisor – Water 1 201 4866 5939 1 E 1 Field Services Worker I 1 158 3172 3870 3 40 2
Field Services Worker I- Airport
Maint. 0 158 3172 3870 3 40 2
Field Services Worker II 17 168 3504 4276 3 40 2
Field Services Worker II-Airport 2 168 3504 4276 3 40 2 Field Services Worker II- Streets 8 170 3575 4361 3 40 2 Field Services Worker III 2 178 3870 4723 3 40 2
Field Services Worker III- Airport 1 178 3870 4723 3 40 2 Field Services Worker III- Streets 1 180 3949 4818 3 40 2 Field Services Worker Trainee 0 148 2871 3504 3 40 2
Finance Director 1 271 9770 12042 1 E -
Fire Inspector 1 173 3683 4494 3 40 5
G.I.S. Supervisor 1 221 5939 7249 1 P 1
G.I.S. Technician 0 175 3757 4584 3 40 2
Grants and Procurement
Coordinator 1 212 5430 6627 1 A 1
Human Resources Aide 2 189 4319 5270 1 A 1
Human Resources Analyst I 0 207 5166 6305 1 A 1
77 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Human Resources Analyst II 0 221 5939 7249 1 E 1
Human Resources Assistant 0 163 3334 4068 2 A 1
Industrial Waste Inspector I 0 198 4723 5765 3 P 2
Industrial Waste Inspector II 0 209 5270 6432 1 P 1
Information Technology Manager 1 248 7772 9483 1 E 1
Information Technology
Technician 0 175 3757 4584 3 40 2
Lab Attendant 0 167 3469 4233 3 40 2
Lab Superintendent 1 229 6432 7850 1 E 1
Lab Supervisor 0 229 6432 7850 1 E 1
Lab Technician I 0 182 4028 4915 3 40 2
Lab Technician II 1 192 4449 5430 3 40 2
Lab Technician III 0 202 4915 5998 3 P 2
Leisure Services Coordinator 2 174 3719 4538 3 40 2
Leisure Servs Coordinator (Lt.

Term) 0 174 3719 4538 3 40 2
Leisure Services Superintendent 0 212 5430 6627 1 E 1
Leisure Services Supervisor 1 190 4361 5323 1 E 1
Library Assistant 7 161 3268 3988 3 40 2
Library Assistant (Limited Term) 0 161 3268 3988 3 40 2 Library Assistant Trainee 0 148 2871 3504 3 40 2
Library Supervisor I 1 179 3909 4770 1 E 1
Library Supervisor II 1 190 4361 5323 1 E 1
Live Release Coordinator 1 173 3683 4494 3 40 5
Mechanic I 0 174 3719 4538 3 40 2
Mechanic II 7 187 4233 5166 3 40 2
Mechanic Assistant 0 161 3268 3988 3 40 2
Meter Reader 4 166 3435 4191 3 40 2
Operations and ADA Coordinator 1 212 5430 6627 1 A 1
78 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Parks & Leisure Services Director 1 271 9770 12042 1 E - Parks and Leisure Services
Specialist 1 218 5765 7035 1 P 1
Parks Maintenance Worker I 3 153 3018 3683 3 40 2
Parks Maintenance Worker II 13 168 3504 4276 3 40 2
Parks Maintenance Worker II (PD) 1 168 3504 4276 3 40 2 Parks Maintenance Worker III 3 178 3870 4723 3 40 2
Parks Superintendent 1 218 5765 7035 1 E 1
Parks Supervisor 1 190 4361 5323 1 E 1
Planning Technician 0 175 3757 4581 3 A 2
Police Crime Analyst 1 207 5166 6305 3 40 5
Police Officer Trainee 5 173 3683 4494 3 40 5
Police Services Supervisor 0 204 5014 6119 1 A 1
Principal Civil Engineer 1 236 6896 8416 1 P 1
Project Manager 1 226 6242 7619 1 E 1
Property & Evidence Technician 2 168 3504 4276 3 40 5
Public Education Officer 0 163 3334 4068 3 40 5
Public Safety IT Analyst I 1 208 5218 6368 3 40 5
Public Works Director 1 281 10792 13435 1 E -
Purchasing Agent 0 210 5323 6496 1 E 1
Records Clerk 4 161 3268 3988 3 40 5
Records Coordinator 1 163 3334 4068 3 40 2
Senior Communications
Dispatcher 1 176 3794 4630 3 40 5
Senior Records Clerk 1 166 3435 4191 3 40 5
Senior Planner 1 226 6242 7619 1 P 1
Storekeeper 0 166 3435 4191 3 40 2
Transportation Director 1 271 9770 12042 1 E -
Transportation Manager 1 248 7772 9483 1 E 1
79 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Utility Billing Supervisor 1 207 5166 6305 1 A 1
WWTF Operator Superintendent 1 226 6242 7619 1 E 1
WWTF Operator I 0 168 3504 4276 3 40 2
WWTF Operator II 6 177 3832 4676 3 40 2
WWTF Operator III 2 195 4584 5595 3 40 2
WWTF Operator Trainee 0 148 2871 3504 3 40 2
Water Systems Specialist 1 201 4866 5939 1 A 1
Water Utility Superintendent 1 226 6242 7619 1 E 1
Water Utility Worker I 1 168 3504 4276 3 40 2
Water Utility Worker II 14 177 3832 4676 3 40 2
Water Utility Worker III 3 195 4584 5595 3 40 2
Zalud House Curator 0 149 2900 3539 3 40 2
80 PUBLIC SAFETY POSITIONS
Fire Protection:

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Fire Chief 1 281 10792 13435 1 E -
Fire Deputy Chief 1 270 9673 11923 4 E -
Fire Battalion Chief 4 256 8416 10268 4 E -
Fire Marshal (non-sworn) 1 236 6896 8416 1 E -
Fire Captain 10 225 6181 7544 4 27 6
Fire Engineer 9 211 5376 6561 4 27 4
Firefighter 27 201 4866 5939 4 27 4
Administrative Staff (a)
Police Protection:

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Chief of Police 1 281 10792 13435 1 E -
Assistant Chief of Police 1 270 9673 11923 1 E -
Police Captain 2 258 8586 10475 1 E -
Police Lieutenant 6 246 7619 9296 1 E -
Police Sergeant 12 230 6496 7928 4 E 3
Police Officer 62 208 5218 6368 4 28 3
Police Officer (Limited
Term) 1 208 5218 6368 4 28 3
81 EMPLOYEE PAY & BENEFIT PLAN NOTES

DESIGNATION

OVERTIME CITY DESIGNATION

1. Management Employees No Compensation for Overtime Work

2. Confidential Employees Shall be Paid for Overtime Work

3. General Series Employees Shall be Paid for Overtime Work

4. Fire/Police Employees Shall be Paid for Overtime Work

FLSA DESIGNATION
E= Executive, exempt P= Professional, exempt
A= Administrative, exempt
40 =40 hr., 7 day work period, non-exempt
28 =171 hr., 28 day work period, “7K” exempt
27 =204 hr., 27 day work period, “7K” exempt

EMPLOYEE GROUP DESIGNATION (REPRESENTATION)

1. Management and Confidential Series

2. Porterville City Employees’ Association

3. Porterville Peace Officers’ Association

4. Porterville City Firefighters’ Association

5. Public Safety Support Unit

6. Fire Officer Series
- Unrepresented Management
MACRO USED: H:\Prod\Template\Dir-Ltrhd.dotm
August 1, 2024
Honorable Gavin Newsom
Governor
Honorable Mike McGuire
Senate President pro Tempore
Honorable Brian W. Jones
Senate Republican Leader
Honorable Scott Weiner, Chair
Senate Budget and Fiscal Review
Committee
Honorable Anna Caballero, Chair
Senate Appropriations Committee
Honorable Robert Rivas
Speaker of the Assembly
Honorable James Gallagher
Assembly Republican Leader
Honorable Jesse Gabriel, Chair
Assembly Budget Committee
Honorable Buffy Wicks, Chair
Assembly Appropriations Committee
Minimum Wage Increase, Director of Finance Determination and Certification Labor Code section 1182.12 requires the Director of Finance to annually make a determination and certify to the Governor and the Legislature whether an adjustment for inflation is applied to the minimum wage after the minimum wage reaches $15.00 per hour. Pursuant to this section, the minimum wage of $15.00 per hour was implemented on January 1, 2022 for employers who employ 26 or more employees and on January 1, 2023 for employers who employ 25 or fewer employees.

Labor Code section 1182.12(c)(3)(B) requires that when the rate of increase in inflation exceeds 7 percent in the first year in which the minimum wage for employers with 26 or more employees is $15.00 per hour, the minimum wage for employers with 25 or fewer employees must be set to the same amount as for employers with 26 or more employees, effective the following January 1. Pursuant to this section, the minimum wage of $15.50 per hour was implemented on January 1, 2023, for all employers.

Following the implementation of the minimum wage to $15.00 per hour, Labor Code section 1182.12(c) requires that on or before August 1 of each year, the Director of Finance shall calculate the adjusted minimum wage to be the lesser of 3.5 percent or the rate of change, as specified, for the United States Bureau of Labor Statistics nonseasonally adjusted United States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). Pursuant to this section, the minimum wage of $16.00 per hour was implemented on January 1, 2024, for all employers. -2-
This year, the Department of Finance calculates the average U.S. CPI-W for the 12-month period from July 1, 2023 to June 30, 2024 increased by 3.18 percent compared to the 12-month period from July 1, 2022 to June 30, 2023. As a result, pursuant to section 1182.12(c), Finance has determined that the minimum wage shall increase by 3.18 percent to $16.50 per hour and shall be implemented for all employers on January 1, 2025.

Based on the calculations described above, I hereby certify that the minimum wage increase shall include an inflation adjustment of 3.18 percent for all employers effective January 1, 2025.

Please call Susan Wekanda, Principal Program Budget Analyst, at (916) 445-5332, if you have any questions.

JOE STEPHENSHAW
Director
cc: Honorable Roger W. Niello, Vice-Chair, Senate Budget and Fiscal Review Committee
Honorable Heath Flora, Vice-Chair, Assembly Budget Committee Gabriel Petek, Legislative Analyst (3)
Elisa Wynne, Staff Director, Senate Budget and Fiscal Review Committee Kirk Feely, Fiscal Director, Senate Republican Fiscal Office Christopher W. Woods, Senate President pro Tempore's Office (2) Christian Griffith, Chief Consultant, Assembly Budget Committee Joseph Shinstock, Fiscal Director, Assembly Republican Caucus, Office of Policy and Budget
Paul Dress, Caucus Chief of Staff, Assembly Republican Leader’s Office Katja Townsend, Capitol Director, Assembly Republican Leader’s Office Jason Sisney, Assembly Speaker's Office (2)
Mark McKenzie, Staff Director, Senate Appropriations Committee Jay Dickenson, Chief Consultant, Assembly Appropriations Committee Item No. 15.

CITY COUNCIL AGENDA – DECEMBER 17, 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 December 3, 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 Item No. 15.
(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.

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, Item No. 15.
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 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 Item No. 15.
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.

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 Item No. 15.

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, 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
Item No. 15.

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. Porterville Army National Guard 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.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Secretary of State

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

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

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of California

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

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023
1916
Wednesday, May 31, 2023 1713
Thursday, June 1, 20231917
Friday, June 2, 20231717
Saturday, June 3, 20231614
Sunday, June 4, 20232018
Monday, June 5, 2023 2016
Tuesday, June 6, 202322110
Wednesday, June 7, 2023 2319
Thursday, June 8, 2023 2217
Friday, June 9, 2023 221 10
Saturday, June 10, 20231516
Sunday, June 11, 2023 2619
Monday, June 12, 20231817
Tuesday, June 13, 2023 2414
Wednesday, June 14, 2023 2117
Thursday, June 15, 2023 2014
Friday, June 16, 2023 2816
Saturday, June 17, 2023 2017
Sunday, June 18, 2023 2414
Monday, June 19, 2023 2108
Tuesday, June 20, 2023 2806
Wednesday, June 21, 20232804
Thursday, June 22, 2023 2204
Friday, June 23, 20232704
Saturday, June 24, 2023 2604
Sunday, June 25, 2023 2403
Monday, June 26, 2023 2304
Tuesday, June 27, 2023 3005
Wednesday, June 28, 2023 26
06 Thursday, June 29, 2023 2705
Friday, June 30, 2023 2505
Saturday, July 1, 2023 2709
Sunday, July 2, 2023 2533
Monday, July 3, 2023 2433
Tuesday, July 4, 2023 2034
Wednesday, July 5, 2023 2826
Thursday, July 6, 2023 2825
Friday, July 7, 2023 2726
Saturday, July 8, 2023 2825
Sunday, July 9, 2023 3623
Monday, July 10, 2023 2823
Tuesday, July 11, 2023 3424
Wednesday, July 12, 2023 3522
Thursday, July 13, 2023 4727
Friday, July 14, 2023 2720
Saturday, July 15, 2023 2422
Sunday, July 16, 2023 2423
Monday, July 17, 2023 2621
Tuesday, July 18, 2023 2622
Wednesday, July 19, 2023 2121
Thursday, July 20, 2023 2121
Friday, July 21, 2023 2200
Saturday, July 22, 2023 2200
Sunday, July 23, 2023 2200
Monday, July 24, 20232100
Tuesday, July 25, 20232200
Wednesday, July 26, 20232000
Thursday, July 2
7, 20232700
Friday, July 28, 20232500
Saturday, July 29, 20232200
Sunday, July 30, 2023 2200
Monday, July 31, 20232400
Tuesday, August 1, 20232100
Wednesday, August 2, 2023 1900
Thursday, August 3, 2023 2000
Friday, August 4, 20231900
Saturday, August 5, 2023 2600
Sunday, August 6, 2023 2200
Monday, August 7, 2023 2000
Tuesday, August 8, 2023 2503
Wednesday, August 9, 2023 2303
Thursday, August 10, 2023 2003
Friday, August 11, 2023 2305
Saturday, August 12, 2023 2205
Sunday, August 13, 2023 2906
Monday, August 14, 20232505
Tuesday, August 15, 2023 2105
Wednesday, August 16, 2023 2306
Thursday, August 17, 2023 2305
Friday, August 18, 20232205
Saturday, August 19, 2023 2305
Sunday, August 20, 2023 2104
Monday, August 21, 20232505
Tuesday, August 22, 20232205
Wednesday, August 23, 2023 2705
Thursday, August 24, 2023 2205
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
Friday, December 1, 2023 22 0 3
Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
Monday, January 15, 2024 39 0 3
Tuesday, January 16, 2024 38
04 Wednesday, January 17, 20243304
Thursday, January 18, 2024 3304
Friday, January 19, 20253304
Saturday, January 20, 20243604
Sunday, January 21, 20243804
Monday, January 22, 20243614
Tuesday, January 23, 20243414
Wednesday, January 24, 20243214
Thursday, January 25, 20243814
Friday, January 26, 20253514
Saturday, January 27, 20243214
Sunday, January 28, 20243614
Monday, January 29, 20243414
Tuesday, January 30, 2024 4015
Wednesday, January 31, 20243615
Thursday, February 1, 20243615
Friday, February 2, 20243615
Saturday, February 3, 2024 2715
Sunday, February 4, 20243315
Monday, February 5, 2024 2915
Tuesday, February 6, 2024 3315
Wednesday, February 7, 20243715
Thursday, February 8, 2024 3415
Friday, February 9, 2024 3705
Saturday, February 10, 2024 3805
Sunday, February 11, 2024 3905
Monday, February 12, 2024 3505
Tuesday, February 13, 2024 3805
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
Saturday, February 17, 2024 40 0 5
Sunday, February 18, 2024 38 0 5
Monday, February 19, 2024 41 0 5
Tuesday, February 20, 2024 43 0 5
Wednesday, February 21, 2024 36 0 5
Thursday, February 22, 2024 39 0 5
Friday, February 23, 2024 36 0 5
Saturday, February 24, 2024 36 0 5
Sunday, February 25, 2024 38 0 5
Monday, February 26, 2024 37 0 5
Tuesday, February 27, 2024 41 0 5
Wednesday, February 28, 2024 41 0 9
Thursday, February 29, 2024 33 0 9
Friday, March 1, 2024 34 0 9
Saturday, March 2, 2024 33 0 9
Sunday, March 3, 2024 33 0 9
Monday, March 4, 2024 35 0 9
Tuesday, March 5, 2024 38 0 9
Wednesday, March 6, 2024 35 0 9
Thursday, March 7, 2024 36 0 9
Friday, March 8, 2024 37 0 9
Saturday, March 9, 2024 37 0 9
Sunday, March 10, 2024 41 0 9
Monday, March 11, 2024 41 0 9
Tuesday, March 12, 2024 42 0 9
Wednesday, March 13, 2024 40 0 9
Thursday, March 14, 2024 40
09 Friday, March 15, 2024 4209
Saturday, March 16, 20243909
Sunday, March 17, 2024 3909
Monday, March 18, 2024 4009
Tuesday, March 19, 2024 4209
Wednesday, March 20, 20243809
Thursday, March 21, 20243509
Friday, March 22, 2024 3709
Saturday, March 23, 2024 4209
Sunday, March 24, 20244209
Monday, March 25, 2024 4109
Tuesday, March 26, 2024 4109
Wednesday, March 27, 2024 4409
Thursday, March 28, 2024 4009
Friday, March 29, 2024 4509
Saturday, March 30, 20244609
Sunday, March 31, 2024 3409
Monday, April 1, 20244609
Tuesday, April 2 2024 3409
Wednesday, April 3, 2024 3809
Thursday, April 4, 20243809
Friday, April 5, 20243109
Saturday, April 6, 2024 2809
Sunday, April 7, 2024 3309
Monday, April 8, 2024 3809
Tuesday, April 9, 2024 4109
Wednesday, April 10, 2024 3909
Thursday, April 11, 2024 3409
Friday, April 12, 2024 33
09 Saturday, April 13, 2024 3809
Sunday, April 14, 2024 3609
Monday, April 15, 2024 3109
Tuesday, April 16, 2024 3409
Wednesday, April 17, 2024 3409
Thursday, April 18, 20243309
Friday, April 19, 2024 2909
Saturday, April 20, 2024 2809
Sunday, April 21, 2024 2909
Monday, April 22, 2024 2809
Tuesday, April 23, 2024 2809
Wednesday, April 24, 2024 2809
Thursday, April 25, 2024 2909
Friday, April 26, 2024 3209
Saturday, April 27, 2024 3009
Sunday, April 28, 2024 3409
Monday, April 29, 2024 2909
Tuesday, April 30, 2024 2808
Wednesday, May 1, 2024 2709
Thursday, May 2, 2024 2609
Friday, May 3, 2024 2909
Saturday, May 4, 2024 2909
Sunday, May 5, 2024 3409
Monday, May 6, 2024 3009
Tuesday, May 7, 2024 3009
Wednesday, May 8, 2024 3009
Thursday, May 9, 2024 3509
Friday, May 10, 2024 3209
Saturday, May 11, 2024 30
09 Sunday, May 12, 2024 3009
Monday, May 13, 2024 3209
Tuesday, May 14, 20243209
Wednesday, May 15, 2024 3209
Thursday, May 16, 2024 3309
Friday, May 17, 2024 3609
Saturday, May 18, 2024 3309
Sunday, May 19, 20243809
Monday, May 20, 2024 3408
Tuesday, May 21, 2024 3009
Wednesday, May 22, 2024 3009
Thursday, May 23, 2024 2907
Friday, May 24, 2024 3408
Saturday, May 25, 2024 3509
Sunday, May 26, 2024 3819
Monday, May 27, 2024 3609
Tuesday, May 28, 2024 3508
Wednesday, May 29, 2024 3207
Thursday, May 30, 2024 3107
Friday, May 31, 2024 2908
Saturday, June 1, 20243009
Sunday, June 2, 2024340 10
Monday, June 3, 2024 3309
Tuesday, June 4, 2024 2708
Wednesday, June 5, 2024 3209
Thursday, June 6, 2024 3109
Friday, June 7, 2024 3008
Saturday, June 8, 2024 3309
Sunday, June 9, 2024 36
09 Monday, June 10, 2024 3509
Tuesday, June 11, 2024 3408
Wednesday, June 12, 2024 2508
Thursday, June 13, 2024 300 10
Friday, June 14, 2024 390 10
Saturday, June 15, 2024 3408
Sunday, June 16, 2024 3408
Monday, June 17, 20243209
Tuesday, June 18, 2024340 10
Wednesday, June 19, 2024 3309
Thursday, June 20, 2024330 11
Friday, June 21, 2024 3009
Saturday, June 22, 2024 2708
Sunday, June 23, 2024 330 10
Monday, June 24, 2024 1607
Tuesday, June 25, 2024 2007
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Friday, June 28, 2024 330 10
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Wednesday, July 3, 2024 2709
Thursday, July 4, 2024 2709
Friday, July 5, 2024 3009
Saturday, July 6, 2024 2909
Sunday, July 7, 2024 320 10
Monday, July 8, 2024 36
011
Tuesday, July 9, 2024 340 10
Wednesday, July 10, 2024 3509
Thursday, July 11, 2024 3509
Friday, July 12, 2024 2608
Saturday, July 13, 2024 3109
Sunday, July 14, 2024 350 10
Monday, July 15, 2024 360 11
Tuesday, July 16, 2024330 10
Wednesday, July 17, 20242909
Thursday, July 18, 2024 1907
Friday, July 19, 20242007
Saturday, July 20, 20242208
Sunday, July 21, 20242208
Monday, July 22, 2024 2408
Tuesday, July 23, 2024 2608
Wednesday, July 24, 20242307
Thursday, July 25, 20242408
Friday, July 26, 2024 2207
Saturday, July 27, 20242207
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Monday, July 29, 2024 2307
Tuesday, July 30, 2024 2107
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Thursday, August 1, 20242007
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Tuesday, December 10, 2024 45 0 4
CITY COUNCIL AGENDA – DECEMBER 17, 2024
SUBJECT: Consideration of Porterville Development Ordinance Text Amendments
SOURCE: Community Development
COMMENT: The proposed text amendments to Chapter 21 (Development Ordinance) of the Municipal Code focuses on updates to the Housing Policies, Standards, and Procedures of the Development Ordinance.

The goal of the text amendments is to ease regulations and provide consistency with State laws regarding housing and planning regulations. The last comprehensive update to the Development Ordinance was in 2010.

The proposed changes to the Development Ordinance include:

1. Amending Series 300, Section 300.04 to address replacement housing requirements of AB 1397, pursuant to Housing
Element Program 4.

2. Amending Series 300, Sections 301.01 and 301.16 to amend Accessory Dwelling Unit standards to comply with state law, pursuant to Housing Element Program 5.

3. Pursuant to Housing Element Program 6:

1. Amending Series 200, Section 201.02 to prohibit
single-family uses in the RM districts.

2. Amending Series 200, Sections 201.02, 202.02, and
203.02 to allow Single Room Occupancy uses in zones
where multifamily and mixed-use residential
developments are permitted.

3. Amending Series 200, Sections 200.02, 201.02,
202.02, and 203.02; Series 300, Sections 301.19 and
304.04; and Series 700, Section 701.02 to permit
emergency shelters and low-barrier navigation centers
in zones that allow residential uses; allow the
development of emergency shelters by right in the RM3, CMX, D-MX, DRM-2, and DRM-3 zoning districts; expand the definition of emergency shelters to include
interim housing options such as navigation centers,
bridge housing, and respite and recuperative care;
revise the parking standards for emergency shelters to
be compliant with AB 2339; and ensure that
requirements for emergency shelters are objective.

4. Amending Series 200, Section 200.02, 201.02, 202.02, and 203.02 to conditionally permit large residential care facilities (for seven or more) in all zones that permit residential uses.

5. Amending Series 200, Section 202.03 to allow
buildings up to 50 feet in height in the D-MX zone
without a Conditional Use Permit.

6. Amending Series 300, Sections 302.03 and 302.05 to
align Density Bonus requirements with State law.

7. Amending Series 300, Section 304.04 to revise parking requirements for one-bedroom units to no more than
one space per unit.

8. Amending Series 200, Sections 200.02, 201.02,
203.02, 204.02, 205.02, and Series 700, Section
701.02, to comply with the Employee Housing Act
(Health & Safety Code Sections 17021.6 and 17021.5).

BACKGROUND: N/A
ANALYSIS: N/A

ENVIRONMENTAL
REVIEW:

Pursuant to State and local environmental regulations, the proposed modifications to the Porterville Development Ordinance serve to be in compliance with the latest State laws regarding Housing. The Environmental Coordinator made the determination based on substantial evidence that, since the amendments would not result in a new type of permitted use or uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment. Therefore, it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION: That the City Council:

1. Hold the noticed Public Hearing and consider the
testimony provided; and

2. Consider whether to approve the draft ordinance, An
Ordinance of the City Council of the City of
Porterville Amending Series 200 and Series 300 of
the Porterville Development Ordinance; and

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

ATTACHMENTS: 1. Text Amendment – Housing Element Program Analysis

2. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
City of Porterville Development Ordinance Text Amendments December 2024 Page | 1
PROGRAM 1: REGIONAL COLLABORATION
Collaborate with other jurisdictions in the region on housing efforts, including funding opportunities, best practices, and other efforts to address housing, transit, economic development, and homeless issues in Tulare County.

This does not require any text amendments at this time.

PROGRAM 2: ADEQUATE SITES FOR RHNA AND MONITORING OF NO NET LOSS For the 6th cycle Housing Element, Porterville has been assigned a RHNA of 4,064 units, including:
• Very Low-Income: 872 units
• Low-Income: 537 units
• Moderate-Income: 739 units
• Above Moderate-Income: 1,916 units
This does not require any text amendments at this time.

PROGRAM 3: BY-RIGHT APPROVAL
Pursuant to Government Code Section 65583.2, reusing the following types of sites in the City’s site inventory for lower income RHNA are subject to by-right approval exempt from CEQA and subject only to design review based on objective standards when a project includes 20 percent of the units affordable to lower-income households and no subdivision is proposed:

Reuse Sites (No Rezoning Required):
• Vacant sites that were identified in the City’s 4th- and 5th-Cycle Housing Elements as sites for lower income RHNA; and • Nonvacant sites that were identified in the City’s 5th-Cycle Housing Element as sites for lower income RHNA.

The by-right approval requirement of reuse sites is effective December 31, 2023. Rezoning of sites past the statutory deadline of the Housing Element to meet the lower income RHNA are subject to the by-right approval requirement. The by-right approval requirement of rezone sites is triggered by the rezoning.

This does not require any text amendments at this time.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 2
PROGRAM 4: REPLACEMENT HOUSING
Development on non-vacant sites with existing residential units is subject to replacement requirements, pursuant to AB 1397. Specifically, AB 1397 requires sites with a residential use within the last five years the replacement of units affordable to the same or lower income level as a condition of any development on a non-vacant site consistent with those requirements set forth in state Density Bonus Law.

Staff is recommending the following amendments to the Development Ordinance to address the replacement housing requirements, according to AB 1397 to implement Housing Plan Program 4. Additionally, staff recommends adopting a policy to implement the procedures of SB 35 and SB 330.

Section 300.04 of Series 300 of Chapter 21 of the Porterville Municipal Code is repealed in its entirety and replaced as follows:
300.04 REPLACEMENT HOUSING ON NONVACANT SITES
Redevelopment of nonvacant sites that contain residential dwellings shall replace said dwellings. Replacement requirements shall be consistent with those set forth in Government Code Section 65915, subdivision (c), paragraph (3).

PROGRAM 5: ACCESSORY DWELLING UNITS
ADUs provide an important affordable housing option in the city. The City’s second dwelling ordinance does not presently comply with all current provisions of housing legislation. Porterville will amend the Development Ordinance in compliance with state laws.

Staff is recommending the following revisions to the Development Ordinance to allow the development of ADUs in all residential and mixed-use zones, in compliance with state law. Additionally, ADU and JADU development standards and regulations will be updated to comply with all current state law. The City will implement Housing Plan Program 5 to update the Development Ordinance to encourage the development of ADUs.

Section 301.01 of Series 300 of Chapter 21 of the Porterville Municipal Code is amended as follows:

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory uses and structures are also subject to the development and site regulations found in Chapter 300, General Site Regulations. Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings, and in addition shall be located, developed, and operated in compliance with the following standards in the agricultural and residential zone districts as follows:

A. Agricultural Accessory Structures. In the AC and RR districts, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural use including stables, barns, pens and sheds or other structures for the housing of such animals, feed, equipment, and tools.

1. Size. The maximum lot coverage allowed by the development standards shall not be exceeded.

2. Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Zoning Administrator.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 3

3. Building Separation. Agricultural accessory structures shall be separated from any main building by a minimum of six (6) feet.

4. Setbacks. Agricultural accessory structures shall meet all setback requirements of the main building.

B. Residential Accessory Structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached covered decks (i.e. a patio structure), detached uncovered decks and patios two and one-half (2.5) feet in height or greater, and similar structures. Uncovered decks under two and one-half (2.5) feet in height, and fences are not subject to the regulations in this section. Additional Separate regulations for residential second units are located in Section 301.16, Second Accessory Dwelling Units.

1. Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight (8) feet in width and fifteen (15) feet in length, will be considered a part of the main structure for purposes of this Ordinance. An attached structure shall comply with all requirements of this Ordinance applicable to the main structure, including, but not limited to setback requirements and height limits.

2. Number of Structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Zoning Administrator.

3. Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of one thousand two-hundred (1,200) square feet unless approved by the Zoning Administrator. In reviewing a request for additional size, the Zoning Administrator may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded.

4. Height. The maximum height shall not exceed eighteen (18) feet. The Zoning Administrator may consider buildings exceeding eighteen (18) feet in height that are stepped back one (1) foot from the required side and rear setback lines for every foot of height above eighteen (18) feet up to twenty-four (24) feet.

5. Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from any main building by a minimum of six (6) feet.

6. Setbacks. When located in the rear one-third of a lot, detached accessory buildings shall not be located closer than four (4) feet to any rear property line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear property line. Detached accessory buildings shall meet all other setback requirements of the main building.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 4
Section 301.16 is repealed in its entirety and replaced with the following:
301.16 ACCESSORY DWELLING UNITS
The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A. Development Standards

1. Foundation. A permanent foundation shall be required for all accessory dwelling units.

2. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

3. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

4. Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
a. Wall covering materials.
b. Wall color.
c. Roofing material.
d. Roofing pitch.
e. Structural eaves.
f. Mass and scale of structure relative to structural height. g. Window characteristics (window shape, operational style, grids, sills, trim). h. Decorative treatments

5. Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.

6. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.

7. Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services.
a. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

8. Garage conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B. Occupancy and Conveyance Requirements
City of Porterville Development Ordinance Text Amendments December 2024 Page | 5

1. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

2. Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

C. Detached Accessory Dwelling Units

1. Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.

An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

2. Maximum Number of Detached Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit. b. When accompanied by a proposed multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot.
c. When accompanied by an existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be eight (8) per lot.
d. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.
c. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multifamily dwelling.

5. Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:
a. For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one-story, the maximum height shall be eighteen (18) feet. b. For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 6
c. Height Exceptions.
1) An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. 2) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 9.195.050, subsection (E)(1) to an amount equal to the height of the existing accessory structure to be converted.

6. Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:
a. The detached accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit. b. The detached accessory dwelling unit is located within an architecturally and historically significant historic district. c. The detached accessory dwelling unit is converting an existing accessory structure. d. On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit. e. There is a car share vehicle located within one block of the detached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit.

D. Attached Accessory Dwelling Units

1. Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.

2. Maximum Number of Detached Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit. b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 7

5. Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

6. Parking. No parking shall be required for the attached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached accessory dwelling unit.

E. Conversion Accessory Dwelling Units

1. Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

2. Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Parking. No additional parking shall be required.

F. Junior Accessory Dwelling Units

1. Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

2. Maximum Number of Junior Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit. b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 8

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be 500 square feet.

4. Parking. No parking shall be required for the junior accessory dwelling unit.

5. Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

6. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

7. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
a. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection. b. Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

8. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

9. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers. b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

A second dwelling unit, in addition to the first single-family dwelling unit on a single-family residential lot, shall be located, developed, and operated in compliance with Section 301.01(b) Residential Accessory Structures and the following standards:

A. Location. Second units may be established on any lot in any R district where a primary single-family dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit. Only one (1) second unit is permitted per primary single-family dwelling on the same lot. The primary unit shall meet all City codes except density, including the height, setback, lot coverage, and other zoning requirements. Any nonconforming structures shall be brought into conformance prior to construction of second unit.

B. Development Standards. Second units shall conform to the height, setbacks, lot coverage and other zoning requirements of the zoning district in which the site is located, the following development standards, other requirements of the Development Ordinance, and other applicable City codes. Applications for a second dwelling shall include: (1) location map and site plan drawn to scale showing existing and proposed structures and additions, orientation and dimension of lot and structure(s) on the lot, and adjacent streets, access and parking and (2) a floor plan of existing and proposed structures.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 9

1. Type of Unit. The second unit shall provide separate, independent living quarters for one (1) family. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two (2) dwelling units.

2. Maximum Floor Area. The total area of floor space of a detached second unit shall not exceed twelve hundred (1,200) square feet. The floor area of an attached second unit shall not exceed thirty (30) percent of the living area or the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code, whichever is greater.

3. Architectural Compatibility. The entrance to an attached second unit shall be separate from the entrance to the first unit and shall be installed in a manner as to negate an obvious indication of two (2) units in the same structure. A second unit shall be designed and constructed so as to blend with and complement the existing single-family unit in terms of height, roofing, siding materials and color.

4. Parking. In accordance with State law, no additional parking is required for Accessory Dwelling Units. Any parking that the owner chooses to include must be developed to City standards, including a paved driveway in compliance with City codes.

C. Use Limitation. Either the primary or secondary unit (but not both) may be for rental purposes and neither unit may be sold separately.

D. Deed Restrictions. Before obtaining a building permit, the property owner shall file with the County Recorder a declaration or agreement of restrictions which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that:

1. The second dwelling unit shall be considered legal only so long as either the primary residence or the second dwelling is occupied by the owner of the property.

2. The second dwelling cannot be sold separately.

3. The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner.

E. Conversion of an Existing House to a Second Unit. In cases where an existing single-family residence is twelve hundred (1,200) square feet or less, the Zoning Administrator may approve the construction of one (1) additional residence which is intended to be the primary residence on the property. The existing residence, which is intended to become the lawful second unit, shall comply with all the requirements of this Ordinance, including the second-dwelling size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other requirements of this Ordinance.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 10
PROGRAM 6: DEVELOPMENT ORDINANCE AMENDMENTS
In order to facilitate a variety of housing types, especially housing for lower-income households and those with special needs, the City will remove constraints to housing development by amending the Development Ordinance.

Staff is recommending the following revision to the Development Ordinance to allow a maximum height of 50 feet without a CUP in the D-MX zone. Evaluate and revise height requirements for accessory structures for consistency with state law. The City will implement Housing Plan Program 6 to allow a maximum height of 50 feet without a CUP in the D-MX zone and to evaluate and revise height requirements for accessory structures.

Table 202.03 of Section 202.03 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards
Building form, location, and street design:

Maximum
height (ft.)
50 on corner lots and lots
over 2 acres; 40 on all other
lots
40; 50 with
CUP
35 40; 50 on
corner lots
30; 40 with CUP •50 on corner lots
and lots over 2
acres;
• 40 on interior lots
Section 300.06, “Heights
And Height Exceptions”
Staff is recommending the following revision to parking requirements for one-bedroom units to no more than one space per unit.

TABLE 304.04A of Section 304.04 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Land Use
Classification
Required Parking Spaces
Residential use classifications:

Multi-family
residential
1 per studio unit. 1.5 per 1 bedroom unit. 2 per 2 bedroom unit or 3 bedroom unit.

Additional bedrooms above 3: 0.5 space/bedroom. 1 space for each unit shall be designated for the unit and covered. 1 additional guest parking space shall be provided for every 5 units City of Porterville Development Ordinance Text Amendments December 2024 Page | 11
Staff is recommending the following revision to the Development Ordinance provisions for RM districts to prohibit single-family uses. The City will implement Housing Plan Program 6 to revise the Development Ordinance provisions for RM districts to prohibit single-family uses.

TABLE 201.02 of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to read as follows:

Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential uses:

Single-family dwelling: See sub-classifications below
Attached - P P - P - P -
Detached P P P - P - P -
Staff is recommending the following revision to the Development Ordinance to ensure compliance with the Employee Housing Act (H&S Code Sections 17021.6 and 17021.5), to implement Housing Plan Program 6. The proposed text as amended meets EHA requirements.

Table 200.02 of Section 200.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification AC RR Additional Regulations
Residential uses:

Employee Housing P P
Agricultural and extractive uses:

Agricultural Employee Housing P P
Table 201.02 of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential uses:

Employee Housing P P P P P
Agricultural and extractive uses:

Agricultural Employee
Housing P P P P P
City of Porterville Development Ordinance Text Amendments December 2024 Page | 12
Table 202.02 of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification DR-N DR-S DR-D D-MX DRM- 2 DRM- 3 D-PO D-GC D-PS Additional Regulations Residential use classifications:

Employee Housing P(1) P(2) - P P P P(1) - -
Table 203.02 of Section 203.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classifications CN CR CG CMX Additional Regulations Residential uses:

Employee Housing - - - P(1)
Agricultural and extractive uses:

Agricultural Employee Housing M M M M
Table 204.02 of Section 204.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification PO IP IG IA Additional Regulations
Agricultural and extractive uses:

Agricultural Employee Housing M P P M
Table 205.02 of Section 205.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification PS REC PK Additional Regulations
Agricultural and extractive uses:

Agricultural Employee Housing M M M
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Section 701.02 of Series 700 of Chapter 21 of the Porterville Municipal Code is amended to read as follows, and inserted according to alphabetical order:

Agricultural Employee Housing. Housing that consists of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.

Employee Housing. Housing that provides accommodations for six or fewer employees. This does not include boarding homes, rooming houses, hotels, dormitories, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling
Staff is recommending the following revisions to the Development Ordinance to define SRO housing and establish SRO as a conditionally permitted use in zones where multifamily and mixed-use residential developments are permitted to implement Housing Plan Program 6.

Table 201.02 of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential uses:

Single room occupancy - - C C C Section 301.18, “Single Room Occupancy Hotels” Table 202.02 of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification DR-N DR-S DR-D D-MX DRM- 2 DRM- 3 D-PO D-GC D-PS Additional Regulations Residential use classifications:

Single room occupancy hotels - C - C - C(1) - C - C - C - - Section 301.18, “Single Room Occupancy Hotels”
Table 203.02 of Section 203.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classifications CN CR CG CMX Additional Regulations Residential uses:

Single room occupancy hotels - - - C(1) Section 301.18, “Single Room Occupancy Hotels” City of Porterville Development Ordinance Text Amendments December 2024 Page | 14
Staff recommends amendment to the Development Ordinance to comply with state law and establish written procedures for the processing of SB 35 and SB 330 projects pursuant to state law and implement Housing Plan Program 6.

See amendment to Section 300.04 Replacement Housing On Nonvacant Sites under Program 4 listed above.

Staff is recommending the following revisions to the Development Ordinance to permit emergency shelters and low-barrier navigation centers in zones that allow residential uses; allow the development of emergency shelters by right in the RM-3, CMX, D-MX, DRM-2, and DRM-3 zoning districts or permit residential development in the CR and CG zone districts, in such a way that meets the requirements of AB 2339; expand the definition of emergency shelters to include interim housing options such as navigation centers, bridge housing, and respite and recuperative care; revise the parking standards for emergency shelters to be complaint with AB 2339; and ensure that requirements for emergency shelters are objective to implement Housing Plan Program 6.

TABLE 200.02 of Section 200.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification AC RR Additional Regulations
Public and semipublic uses:

Social service facilities C C Section 301.19, “Social Service Facilities” TABLE 201.02 of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Public and semipublic uses:

Social service facilities -C -C -C -C CP Section 301.19, “Social Service Facilities” TABLE 202.02 of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended as follows:

Use Classification DR-N DR-S DR-D D-MX DRM- 2 DRM- 3 D-PO D-GC D-PS Additional Regulations Public and semi-public use classifications:

Social service facilities -C -C - CP CP CP -C - - Section 301.19, “Social Service Facilities”
City of Porterville Development Ordinance Text Amendments December 2024 Page | 15
TABLE 203.02 of Section 203.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended as follows:

Use Classifications CN CR CG CMX Additional Regulations Public and semipublic uses:

Social service facilities - P P CP Section 301.19, “Social Service Facilities” Section 301.19 of Series 300 of Chapter 21 of the Porterville Municipal Code is amended as follows:

Social Service Facilities shall be located, developed, and operated in compliance with the following standards:

A. Location. Social Service Facilities are not allowed on Main Street.

B. Minimum Standards. All Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, rest rooms and refuse containers; sufficient patron seating facilities for dining, whether indoor or outdoor; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas; a plan of operation, including but not limited to, patron access requirements, hours of operation, security measures, litter control, and noise attenuation. Evidence of compliance with all Building and Fire Safety regulations and any other measures determined by the City Council to be necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area shall be provided with permit applications. Social service facilities shall only be subject to the following written, objective standards:

1. Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.

2. Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.

3. On-Site Management. Continuous on-site supervision during hours of operation shall be provided. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2) staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.

4. Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

5. Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.

TABLE 304.04A of Section 304.04 of Series 300 of Chapter 21 of the Porterville Municipal Code is amended as follows:

Land Use Classification Required Parking Spaces
Public and semipublic use classifications:

Social service facilities 1 per 2300 square feet of floor area City of Porterville Development Ordinance Text Amendments December 2024 Page | 16
Section 701.02 of Series 700 of Chapter 21 of the Porterville Municipal Code is amended to add as follows:

Social Service Facilities. Any noncommercial facility, such as homeless shelters, and emergency shelters, that may also provide meals, showers, and/or laundry facilities. Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term. This classification includes interim housing options such as navigation centers, bridge housing, and respite and recuperative care.

Staff is recommending the following amendments to the Development Ordinance to conditionally permit large residential care facilities (for seven or more) in all zones that permit residential uses subject only to the requirements of residential uses of similar type and form. Findings for approval will be objective to provide certainty in outcomes to implement Housing Plan Program 6.

TABLE 200.02 of Section 200.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification AC RR Additional Regulations
Residential uses:

Residential care facilities, large C C
TABLE 201.02 of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential uses:

Residential care facilities, large C C C C C

TABLE 202.02 of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classification DR-N DR-S DR-D D-MX DRM- 2 DRM- 3 D-PO D-GC D-PS Additional Regulations
Residential uses:

Residential care facilities, large C C - C C C C - -
City of Porterville Development Ordinance Text Amendments December 2024 Page | 17
TABLE 203.02 of Section 203.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is amended to add the following row, according to the service type and by alphabetical order:

Use Classifications CN CR CG CMX Additional Regulations Residential uses:

Residential care facilities, large - - - C
PROGRAM 7: FACILITATING AFFORDABLE HOUSING DEVELOPMENT
The City is committed to expanding affordable housing options for households of all income levels using development tools such as density bonus provisions, potentially waiving development fees and streamlining the application process. The City will contact local non-profit and private developers to facilitate the production of this housing as well as pursue funding opportunities available at the local, regional, state and federal levels.

On a case-by-case basis, the City will facilitate affordable housing by public, private and non-profit groups by coordinating off-site improvements and physical infrastructure as Capital Improvement Projects. Assistance provided by the City may include traffic, street and sewer upgrades as well as other pedestrian and mobility improvements.

Staff is recommending the following revision to the Development Ordinance to provide additional density bonuses under the criteria set forth by AB 1287. The City will implement Housing Plan Program 7 to revise the Density Bonus Ordinance to comply with state law.

Section 302.03 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

A. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Ordinance and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following:

1. Lower Income Units. A density bonus of twenty (20) percent if ten (10) percent of the total units of a housing development are affordable to lower income households, as defined in Health and Safety Code Section 50079.5.

2. Very Low Income Units. A density bonus of twenty (20) percent if five (5) percent of the total units of a housing development are affordable to very low income households, as defined in Health and Safety Code Section 50105.

3. Senior Citizen Housing Development. A density bonus of twenty (20) percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Civil Code Section 51.3.

4. Moderate Income Units in Condominium and Planned Use Developments. A density bonus of five (5) percent if ten (10) percent of the total dwelling units in a condominium project, as defined in Subdivision (f) of, or in a Planned Development, as defined in Subdivision (k) of Civil Code Section 1351, are affordable to persons and families of moderate income, as defined in Health and Safety Code Section 50093.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 18
B. Additional Sliding Scale Density Bonus. As provided for in Government Code Section 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in Subsection (a) under the following provisions:

1. Lower Income Dwellings. For each additional one (1) percent increase above ten (10) percent units affordable to lower income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum density bonus of thirty-five (35) percent of the maximum allowable residential density for the site.

2. Very Low Income Dwellings. For each additional one (1) percent increase above five (5) percent in the proportion of units affordable to very low income households, the density bonus shall be increased by two (2) and one-half (2.5) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

3. Condominium and Planned Development Units. For each additional one (1) percent increase above ten (10) percent units affordable to moderate income households, the density bonus shall be increased by one (1) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

C. Extra Density Bonus. Provided a resulting housing development would not restrict more than 50 percent of the total units to moderateincome, lower income, or very low income households, an additional density bonus calculated pursuant to paragraph (D) shall be granted when an applicant proposes to construct a housing development that conforms to the requirements of Subsections (a) and (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:
a. The housing development conforms to the requirements of Subsections (a) and (b) and provides 24 percent of the total units to lower income households.
b. The housing development conforms to the requirements of Subsections (a) and (b) and provides 15 percent of the total units to very low income households.
c. The housing development conforms to the requirements of Subsections (a) and (b) and provides 44 percent of the total units to moderate-income households.
d. An additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows.

These increases shall be in addition to any increase in density granted by Subsections (a) and (b) and shall be calculated using the number of units excluding any density bonus awarded by this section.

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
City of Porterville Development Ordinance Text Amendments December 2024 Page | 19
Percentage Very Low Income Units Percentage Density Bonus 8 31.25
9 35
10 38.75
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
D. C Qualifying Projects-Number of Units. The bonuses under Subsections (a) and (b) and (c) are applicable to residential projects of five (5) or more units, and senior housing projects of more than thirty-five (35) units.

E. D Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of paragraphs (1), (2), (3), or (4) of Section 302.03.(a), Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 20
F. E Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 302.05, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (a) of this section.

Section 302.05 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

A. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

1. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or

2. One (1) incentive or concession for senior citizen housing developments; or

3. Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or

4. Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.

5. Four (4) incentives or concessions for projects that include at least sixteen (16) percent of the units for very low income households or at least forty-five (45) percent for persons and families of moderate income in a development in which the units are for sale.

6. Five (5) incentives or concessions for one hundred percent affordable developments, including total units and density bonus units, but exclusive of a manager’s unit or units, that are for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households.

7. 5 The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraph one (1), two (2), three (3), or four (4) of this section.

PROGRAM 8: PRESERVATION OF AT-RISK HOUSING
The City has 1,187 housing units that are deed restricted as affordable housing for lower-income households. Of these units, 184 are at risk of converting to market-rate housing over the next ten years. The City will work to preserve these units and will proactively monitor all other units to encourage continued affordability beyond existing covenants and work proactively with owners of affordable units to assist in rehabilitation needs.

This does not require any text amendments at this time.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 21
PROGRAM 9: HOUSING PRESERVATION AND REHABILITATION
Nearly half (49.1 percent) of the housing stock in Porterville is more than 40 years old. The City actively seeks and encourages the rehabilitation of housing units, utilizing various programs and community partnerships. The City’s rehabilitation program assists low-income single-family homeowners with needed repairs by providing direct, 0% interest, 30-year deferred loans of up to $40,000, as funding is available through the Community Development Block Grant program. The funds may be used to correct code violations, safety repairs, accessibility improvements, leadbased paint, and energy conservation measures.

This does not require any text amendments at this time.

PROGRAM 10: LOWER-INCOME AND SPECIAL NEEDS HOUSING
To assist in the development of housing to meet the needs of extremely low, very low- and low-income households, the Housing Authority of Tulare County (HATC) offers the following programs:
• Housing Choice Vouchers (HCVs): The Housing Choice Voucher program through the Moving to Work Program (funded by federal government, HUD). Housing Choice Vouchers are portable rent subsidies that low- and very low-income families can use to subsidize their rents in the housing of their choice in the private market. The vouchers generally cover the difference between the minimum required tenant contributions toward rent (generally, 30 percent of family income) and the maximum allowable subsidy set by HATC, based on local rents in the market, subject to federal limits. There is a five-year time limit to this type of rental assistance in most cases because the fixed subsidy helps families to stabilize their housing costs as they work to achieve self-sufficiency and save for other housing opportunities. HATC receives Federal funding to pay both the subsidy costs and the administrative costs of the program. Each Public Housing Authority receives funding for a limited number of vouchers. When the demand for vouchers exceeds the supply in the community, a waiting list for assistance is created. • Public Housing: Provides rental assistance to low -income families and individuals. The HATC owns and manages all rental units offered under this program, which are located in communities throughout Tulare County.

This does not require any text amendments at this time.

City of Porterville Development Ordinance Text Amendments December 2024 Page | 22
PROGRAM 11: HOMEBUYER ASSISTANCE
Under the City of Porterville’s First Time Homebuyer Program, the applicant must be a first-time home buyer that earns 80 percent or less of the area median income. The applicant must also be able to qualify with a participating lender for a first mortgage and provide a minimum of one percent of the total purchase price as the down payment from their own personal assets. The City provides a secured second trust deed loan for gap financing, down payment and closing costs assistance up to 35 percent of the purchase price. When there is a change in the maximum purchase price (typically annually), the City will update it on all printed materials, social media and website. Only existing homes that do not exceed the maximum allowable purchase price at the time of application can be financed under this program. The program can assist in purchasing homes constructed before 1978, but the property must pass a City inspection confirming that there are no building code violations, no indications of lead-based paint and any other health and safety concerns.

This does not require any text amendments at this time.

PROGRAM 12: ENERGY CONSERVATION
The City provides referrals to local programs including CSET, Proteus, Edison, and other agencies for energy conservation and residential weatherization opportunities. The effort extends into the City’s Housing Rehabilitation Loan Program (HRLP) to require the use of recycled materials whenever possible and energy efficient appliances and equipment. Contractors that bid on HRLP projects must complete a City provided “Green Improvements” checklist with their bids for a project.

This does not require any text amendments at this time.

PROGRAM 13: COMMUNITY AND ECONOMIC DEVELOPMENT
Well-maintained infrastructure creates a safe and accessible urban environment, fostering a sense of community and belonging. Moreover, investing in such improvements attracts businesses and investments, contributing to economic growth and ensuring equal access to essential services. The City will implement the following actions to expand community and economic development citywide.

This does not require any text amendments at this time.

PROGRAM 14: FAIR HOUSING OUTREACH AND ENFORCEMENT
The City of Porterville works with CSET to provide a local Fair Housing Information Program which includes distribution of educational materials to property owners, apartment managers, and tenants, and responding to complaints of discrimination (i.e., in-taking, investigation of complaints, and resolution) by referring the affected party to the appropriate agencies.

This does not require any text amendments at this time.