Agenda packet — Porterville City Council, January 21, 2025 (part 2 of 4)

i ISUZU TRUCK OF AUGUSTA
M~Tlri i~s Aaron Matthews I 706-303-1387 I [email protected] 2025 NRR Gas 1 U2 - Ray Gaskin (2025 NRR Gas Cab Chassis, 1 U2 132.5"WB, 11 O"CA, 19,500 GVWR. White, Standard model specifications with power windows and power door locks, air conditioning, rear body dome lamp Weight Distribution
CA
BOC
I
switch, and an AM/FM/CD radio with Bluetooth
Driver/Passenger Weight
Wheelbase (WB)
Cab-to-Axle (CA)
Body Length
Body Weight
Back of Cab (BOC)
350.0 lbs.
132.5 inches
110 inches

7.7 inches
G:) ,.. You must fill in body length and weight to enable body and payload weight calculations.

Weight (lbs.) Front Rear
WB Chassis 3,666.00 2,223.00
Chassis Equipment 19.00 0.00
Front Wt. 4,035.00 lbs. 64% Subtotal 3,685.00 2,223.00
Rear Wt. 2,223.00 lbs. 36%, Driver/Passengers 350.00 0.00 GVWR 19,500.00 lbs. Body/Body Equipment 0.00 0.00
GVW 6,258.00 lbs. Payload 0.00 0.00
Remaining Payload Weight 13,242.00 lbs. Total 4,035.00 2,223.00 GAWR/GVWR 7,275.00 14,460.00
GCWR
Chassis Equipment:

Code Item
Center of Front
04 IF6
132
White, Standard model specifications with power windows and power door locks, air conditioning, rear body dome lamp switch, and an AM/FM/CD radio with Bluetooth
Fire Extinguisher and Triangle Kit mounted in rear organizer on standard cab and under rear seat on crew cab Spare keys (2 additional. 4 keys in total)
Driver/Passengers:

Driver
Center of Gravity
front axle
Front Axle
350.00 lbs.

Rear Axle

0.00 lbs.

Gravity Axle

0.00 lbs.

19.00 lbs.

0.00 lbs.

Total
350.0 lbs.

Total
5,889.00

19.00 5,908.00
350.00

0.00 0.00
6,258.00
19,500.00
25,500.00
Rear Total Axle

0.00 0.00
lbs. lbs.

0.00 19.00
lbs. lbs.

0.00 0.00
lbs. lbs.

Current report content is based on data as of 2024-11-21 12:45:43. Any perfom,ance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All lnfomiation, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications. options, materials, equipment, design and models.

Page 2 ends

ISUZU
TRUCK
i ISUZU TRUCK OF AUGUSTA

MATTHEWS
MOTORS Aaron Matthews I 706-303-1387 I [email protected] 2025 NRR Gas 1 U2 - Ray Gaskin (2025 NRR Gas Cab Chassis, 1 U2 132.S"WB, 11 O"CA, 19,500 GVWR. White, Standard model specifications with power windows and power door locks, air conditioning, rear body dome lamp switch, and an AM/FM/CD radio with Bluetooth
Selected Model and Options
Code Description Weight
Model
1U2 NRR Gas Cab Chassis 132.5"WB, 11 O"CA
04 White, Standard model specifications with power
windows and power door locks, air conditioning, rear
body dome lamp switch, and an AM/FM/CD radio
with Bluetooth
Vehlcle Application
RQ2 Truck Application 0.0 lbs.

Tires
15H LRR (low rolling resistance) 0.0 lbs.

Engine
L8T GMPT 6.6L (400 CID) V8 gasoline engine; 350 HP at 0.0 lbs. 4500 RPM; 425 lb-ft torque at 3800 RPM; precise
fuel control direct injection technology; electronic
throttle control; overhead valves with variable valve
timing; heavy duty cast-iron cylinder block with sixbolt main-bearing cap; cast aluminum cylinder heads; forged steel crankshaft; stainless steel
exhaust manifold.

Transmission
Y6V Allison 1000 RDS 6-speed automatic transmission 0.0 lbs. w/o PTO. Gear Ratios: 3.100, 1.810, 1.410, 1.000,

0. 710, 0.610, Rev 4.490: 1
Wheelbase
IA9 132.5 inches 11 O"CA 0.0 lbs.

Air Cleaner
KNX Dry paper single element. Air cleaner canister 0.0 lbs. standard with air restriction gauge.

Battery
IL3 Single Delco 12-V maintenance free 750 CCA frame 0.0 lbs. mounted battery box
Exhaust
141 Single horizontal aluminized steel with catalytic 0.0 lbs. converter and oxygen sensor devices.

Front Axle
IZ6 "!"-beam rated at 7,275 lbs. Includes integral 0.0 lbs. hydraulic power steering. Ratio 18.8-20.9: 1.

Front Wheels
1B9 19.5" x 6", 6-hole disc, painted white 0.0 lbs.

Front Tires
18B 225/70R19.5G (14 ply) tubeless Radial, all season 0.0 lbs. tread
Rear Axle
1D3 Single-speed, 14,550 lb. capacity with oil lubricated 0.0 lbs. rear wheel bearings.

Ratio
IC6 5.375:1 0.0 lbs.

Rear Wheels
Current report content is based on data as of 2024-11-2112:45:43. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.

Page 3 ends

i ISUZU TRUCK OF AUGUSTA M~1\it~s Aaron Matthews I 706-303-1387 I [email protected] 2025 NRR Gas 1 U2 - Ray Gaskin (2025 NRR Gas Cab Chassis, 1 U2 132.S"WB, 11 O"CA, 19,500 GVWR. White, Standard model specifications with power windows and power door locks, air conditioning, rear body dome lamp switch, and an AM/FM/CD radio with Bluetooth
Selected Model and Options
Code Description Weight
IC1 19.5" x 6", 6-hole disc, painted white 0.0 lbs.

Rear Tires
19B 225/70R 19.5G (14 ply) tubeless Radial, all season 0.0 lbs. tread.

Fuel Tank
A17 38.6 gal. rectangular fuel tank. Mounted between 0.0 lbs. frame rail with electric type fuel pump (mounted in
tank). Through the rail fuel fill.

Seat
AQB Driver seat is reclining high back. Two single 0.0 lbs. occupant fold down seats with tray backs.

Air Conditioning
C60 Air conditioner 0.0 lbs.

Power Windows & Door Locks
ILO Yes 0.0 lbs.

Model Option
04 White, Standard model specifications with power 0.0 lbs. windows and power door locks, air conditioning, rear
body dome lamp switch, and an AM/FM/CD radio
with Bluetooth
Additional Options
IF6 Fire Extinguisher and Triangle Kit mounted in rear 19.0 lbs. organizer on standard cab and under rear seat on
crew cab
132 Spare keys (2 additional, 4 keys in total) 0.0 lbs.

Accessories
IX2 Rear body dome lamp switch 0.1 lbs.
8RP AM/FM stereo with auxiliary input, USB port, and 0.0 lbs.

Bluetooth.

Current report content is based on data as of 2024-11-21 12:45:43. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.

Page4 Copyright (c) 2024 Isuzu Commercial Truck of America, Inc. Initial: __ _ Exhibit A - Required Forms
Form A

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

Addendum # _ _,_N..;:...:oc...~-e ..... _____ _ Signature _____ ____ _ _ Addendum# _____ _____ Signature ______ ___ _ _
Addendum# ___ ___ ____ Signature _ _ _ ____ ___ _
Addendum# ____ _ _ _ ___ Signature _ _ _ _____ __ _
Addendum # _____ _____ Signature _ _ _ _____ __ _

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
FormB

DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that do not include this co111pleted certification, if applicable, will be rejected as nonresponsive.

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

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

2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attemptiog to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, includiog those proscribing price fixing between competitors, allocation of customers between competitors, and bid riggiog; com.mission of e1nbezzlement, theft, forgery, bribery, falsification or destruction ofrccords, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or co1nmission of any other offense indicating a lack of business integrity or business honesty;

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

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

Company: j\°' \, -~ I
Name: '6ob·b .. ✓ L I
Title: ~- -e.
l;c,s K,'o
Z ;e-Llo
Signature: · -
Date: _J )-./ }- /t:L-{

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
FormC

BUY AMERICA CERTIFICATION
This certification applies to contracts over $500,000 if they involve the purchase of' iron, steel, rnant1:factured goods, or rolling stock. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

If this Offer is valued in excess of $500,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
i;(Will comply with the requirem.ents of 49 U.S.C. § 5323(j)(1) and the applicable regulations in 49 CFR part 66 1;
OR
o Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 66 1. 7.

If this Offer is valued in excess of $500,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
,S:Will comply with the requirements of 49 U.S.C. § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
o Cannot comply with the requirements of 49 § U.S.C. 5323(j) (and 49 CFR § 661. l l), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the stateme11ts submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 380 l et al. are applicable to this certification.

K (- , - C - V ' \. er- ,r / c,.:> - ompany: ___ .,___V\4,., .... '71-' --' -=--°"---"->' ~ '-'-Di_,,__1 "'~-_;;:_ .:> _..,;_v __ .......... -=----------- Nan1e: 'B Db by' L-,
1 e,, l l~
Title: ~ \ e yv\°'~
Date: - --1/_._'t-,_/__..?:-'----+--/ -=-d--_'-',.__ { ___________ _

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormD

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STA TE OF CALIFORNIA
COUNTY OF Sc,o ·~e ,t vl~ .rJ •
1 ~
/"\ b
__,, u-a~~c= .k?~h declares and says:

1. That he/she is_the ~p_;µtner, ~epresentative, o~ agent) of kl, 0-i&-S ~-"' ~-J 1'c..:'---:: , hereinafter referred to as 1 (CONTRACTOR) or (subcontractor).

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

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

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

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

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

Company: __ ..... R---=C::i~ . .-::';,;.'-/ _ ___::.(._:~"--'-'s.._._k ..... '-' ' V\_,_ __ $.qJJ_ . ....::·ciY....::v'~7i_,,c~(_ ____ ___ _ _ _ Name: _ ....... i~c.,_1 b~b<-¥-v----'--Z=--=•_.,'!,"'--!:Cl..;;.. t ...::: -->;__ _ _____________ _ Title: ___ S..e.. ~ c::....==-.:...l e::;._S-+------ - - - -------------- Signature: __ "Y9~~Y~=~=-----=~z'2~- ------- - - ---- Date: __ _____._l_'1..:......,,-/)...1L2.......J/ lJ~~c.,.-1-{ _ ____________ _

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormE

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

The Proposer certifies that:

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

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

3. The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and 1naterial suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

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

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

Company: Re..... y f ::ze-.., <; k. ,'r. ~v-,lc.-e
Name:
1 bob 6\, '2-i'e t t v
,
Signature:

Date: __ __._[~~· /~-1'~/-----"').,-=-v{__.__ ______________ _

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
Form F

TAX LIABILITY CERTIFICATION
This certificate applies to all contracts. 0,/jers that do not include this completed certification will be rejected as nonresponsive.

The Proposer certifies that:

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

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

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

Company: ky l:::i..-... s l"./n Se,"v/Ce,.

Name: 'bobby L(' e, l 1 \>
Title: s '7-\ l-e ~ v~ \I'- c, , ."2, .-
Signature: ~
Date: } ). / ~ / ;). L (

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormG
ACKNOWLEDGEMENT OF "BEST VALUE" SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a "Best Value" basis, which the Federal Transit Administration's (FTA) Best Practices Manual defines as follows:
"Best Value" is a selection process in which proposals contain both price and qualitative coniponents, and award is based upon a combination of price and qualitative considerations.

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

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

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

Company: g~)' (,._,:'.\5 /J..,1
0 ~ <Z~r, \I }'-- t' -c
Name: ::Bo 6 b \J 2 ;e,,, l l v _ __........_
"-"'--=-;1r- --=c....,..,,'""---''---=--------------------- Title: --~~ c;:;_~ (:...;e;::_.,,;~-:::==~"Yl~c. :::....! "'~111..:..c _~...,.l,..J, --1.,.....,,s:: ..... _..!.,,...~:::::::------------- - --- Signature: __ _::~~~ ==~~~~~-----------------
Date: ---'-=""-f- / ~ 1 /__::).. ::::...._.,_, / __,'(& ...,..__,_ '-/ _ __________________ _

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City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
Exhibit B - Sample General Services Agreement

CITY OF PORTERVILLE

GENERAL SERVICES AGREEMENT WITH
[insert fall name of Contractor and Project Name and/or number} This General Services Agreement (Agree,w-ent) is entered into between the City of Porterville, a municipal corporation (City), and 1(""'1. • ( / ·"" ' K.1 e l' • omplete name of legal business entity], a C: C@rpe.,A .i,¾ A [busines status, such as a Cali omia corporation] (Contractor). City and Contractor are referred to individually as "Party" and collectively as "Parties."
Recitals
A. City desires to retain Contractor to complete a XXXXXXXXX Project (Project); and B. On XXXXXXX, the City issued a Request for Proposals (RFP) for the XXXXXXXXXX (Project). On XX.XX.XX, Contractor submitted its proposal for the Project to the City. City has determined that Contractor possesses the skills, experience and certification required to provide the goods and services.

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

D. This Agreement is being executed pursuant to Resolution No.SR.>"ig'S_2024 approved by the Porterville City Council on l\i.?vemb-¾- , 2024. ). 3
Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Contractor shall provide the goods and services required to complete the Project, described in Exhibit "A" attached hereto and incorporated herein by reference. The goods and services shall be.,,performed by, or under the d.irect supervision of, Contractor's Authorized Representative: 1Sohhy 2f e-l Io . Contractor shall not replace its Authorized Representative, nor shall Contractor use or replace any subcontractor or subcontractor, without City's prior written consent. The City may terminate this Agreement jf Contractor makes any such change or replacement, or uses any unapproved subcontractor or subcontractor.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Contractor shall begin perfonnance, and shall complete all required services no later than the dates set forth in Exhibit "A." Any services for which times for performance are not specified in this Agreement shal I be started and completed by Contractor in a reasonably prompt and ti1nely manner based upon the circumstances and direction communicated to the Contractor. Contractor shall submit all

Page 73 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
requests for time extensions to the City in writing no later th.an ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1. Term. T e Term of this Agreement shall begin on I ?.../27 / J..4 and end on 'J... 'l-- , unless terminated in accordance with Section 6 . ...L...!L../-..L.J.-/--C::.:.IL

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

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

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

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

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

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

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

Page 74 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City:

City of Porterville
Transportation Department
291 N. Main Street
·Porterville, CA 93257

13. Miscellaneous
To Contractor
~c'.\..'-1 <'.'.;""s K,'ri c;cU' v ,' e-- ~ . I () I / i 1--/ ? 7 'J.. b<-,,"v"'\ Q \t i':s \:"' D r 'f o A :l:~" h. 1 C II "'1 >- ~ 3 5'

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

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

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

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

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

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

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

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

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

Page 79 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)

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

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

City of Porterville
29 l N. Main Street
Porterville, CA 93257
By: Martha A. Flores
Title: Mayor
Date: - -------
By: b ob b y' Z,,' C· I l <,
Title: :¥, \e_'.> yvl,!-,~7-t:-v--
Date: i?.. / '}-/ ~ t, [
Federal Employer Tax ID No. q S'- 14 0 I, 06. ,,
Signature: ________ _ Signature: ~ ~
Attest:

Patrice Hildreth, City Clerk
Approved as to form:

Julia M. Lew, City Attorney
Exhibits:

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

Page 81 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
To whom it may concern,
or TAMPA. UC
ri,1 s ·s·o~iii • i;'oth ·sireei: ·riinijia',' i=[ ·a·aiffs· • • • • •• • • • ... • •• • • • • •• • • • • • • • • • • • • • •• USA TOLL FREE 1-888-488-8889
Local Phone (813) 247-6637 • FAX (813) 247-4465
www.trucksandparts.com
I, Vince Frawley - Director of Business Development with Trucks & Parts, LLC, am writing to express our intent to submit a proposal in response The City or Porterville, CA's RFP for two Mini Auto Side Load Refuse Trucks RFP No. 24/25-SR1985 (Re-bid).

Trucks and Parts, LLC, has been in the business of selling refuse collection vehicles for nearly 75 years. Primarily responsible for buying used refuse vehicles, reconditioning them and reselling them, we also boast a very healthy, brand agnostic, inventory of new refuse collection vehicles. We work closely with all the major Original Equipment Manufacturers (OEM's) in addition to a wealth of combined product and industry knowledge in the refuse space to ensure that the vehicles we source are built to the necessary requirements to meet the demand of day-to-day work along with customer expectations. In relation to the specific application the City intends to use the collection vehicles in response to RFP indicated above, these vehicles will meet all of the indicated requirements and operational needs. These vehicles are 2024 Isuzu NRR - 8yd Curbtender Tomcat - Semiautomated Side Load units equipped with cart tippers on the right-hand side of the vehicle.

Trucks & Parts has also validated with the supplier of the receptacles that are to be place on the collection route, Big Belly, that the receptacles are compatible with the supplied cart lifter on these units.

Trucks & Parts, LLC have sold this, or similar, equipment to the following references:

Zero Waste Solutions, Inc. - 2511 Kenilworth Ave. Hyattsville, MD o Doug Smith - 925-270-3339 - [email protected] Fayette Waste, LLC - 1 790 Pitts burgh Rd. Walters burg, PA 15488 o William Piccolomini - 724-430-0100 - [email protected] Bruno's Rolloff, Inc. - 121 Locust Street Falmouth, MA 02540 o Greg Carroll - 508-693-5454 - [email protected]
Please see the vehicle and pricing information listed below.

Truck: 2024 Isuzu NRR 8yd Curbtender Tomcat
List Price: $174,900
Delivery: $3,500
Price Per Unit: $178,400 Per Unit
Quantity: 2
Total Price: $356,800
Delivery Timeframe: Trucks & Parts, LLC has the units built and available for immediate shipment. These could be delivered within 10 days after an approval is made and purchase order is issued.

Please find the remaining RFP forms and supporting documents attached below. Thank you for your consideration.

Sill~~~~
Vince Frawley
TRUCKS & PARTS TRIJl:HS®
&IPIIRIS TRUCK PURCHASE AGREEMENT
CUSTOMER INFORMATION:

Stock#: TW1230556SL
Company: City of Porterville, CA
Address: 291 N. Main St.

Customer T/M#:

Customer PO Number:

Salesman: Vince Frawley Date: 12/3/2024
Contact: Richard Tree
City, State & Zip: Porterville, CA 93257
Phone: (559) 782-7451 Cell Phone: 559-483-0904 Fax: (559) 782-8937 Email address: [email protected] --------------
VEHICLE DESCRIPTION:

Year: 2024 Make: Isuzu Model: NRR VIN: JALE5W167R7306385 - - - - ----- ---------------- Odometer: 0 Body Type: Side Loader Body Make: _____ _ C_u_rb_t_e_nd_e_r _ ____ _ Capacity: 8 yds Body Model: Tomcat Body Serial#: 21498
Projected Delivery Date: 01/24/2025 -------------- -------------- TERMS OF SALE:

1. Base Purchase Price:

2. Summary of Extras:

Truck Sold New with Full Manufacturer's Warranty
Truck to be hauled to customer location
City of Porterville
Attn: Russell Isom
555 N. Prospect St.

Porterville, CA 93257

3. Total Extras

4. Total Cash Price (Line 1 plus Line 3)

5. Net Amount of Trade-In:

Trade in Description:

6. Cash Price less Net Trade-In (Line 4 minus Line 5):

7. Sales Tax: (Taxable amount: Line 4 minus Line 5)
A. Florida State
plus
B. County Surtax
(Up to $5000)
Sales Tax Affidavit Obtained:
8: Federal Excise Tax: (Taxable amount: Line 4)
FET Type: FET Exempt

9. Title & Registration Fee: (GVW: 19,500)

10. Delivery charge (check one):
$ 174,900.00
$ 0.00
$ 174,900.00
$ 0.00
$ 174,900.00
x6.0% = $
X $
Total Sales Tax: $ 0.00
X 12%= $ 0.00 - --- ------
FOB
11 . Extended Warranty:

FOB Location
Cedar Falls, IA

12. Total Amount Due From Customer:

Freight Included
in Price
Delivery
Charged to
Customer
X $
$
$
3,500.00
------------

0.00 178,400.00 ------------
TERMS AND CONDITIONS:

1. Customer's responsibilities. Customer agrees to pay Trucks & Parts all charges required by law to be collected, including without limitation all tag, title, license, tire, battery and lien tees, and all federal, state and local taxes. Although Trucks & Parts has used its best efforts to accurately state the amounts due under this Agreement, Customer remains liable for any additional amounts which may be assessed by law against Trucks & Parts. Customer shall be responsible to pay Trucks & Parts tor all amounts due to pay off any liens on Customer's trade-in, as may be required by such lienholder, regardless of whether the lienholder has quoted the wrong amount to Trucks & Parts, the payoff amount has changed after the date of such quote, or whether Customer has failed to disclose to Trucks & Parts all lienholders on the vehicle. In the event Trucks & Parts incurs any additional costs after sale of the vehicle, such as sales tax, federal excise tax, license, tag, title and transfer tees, Customer shall promptly reimburse Trucks & Parts tor such costs upon demand. Unpaid or past due balances will be assessed a 1.5% per month interest charge, (18% per annum).

2. Deposit. Should Trucks & Parts tail to accept this offer or be unable to deliver the vehicle as promised, Customer's sole remedy against Trucks & Parts shall be a return of the deposit as liquidated damages. Should Customer tail to take delivery of the vehicle tor any reason or otherwise breach this agreement, Trucks & Parts may elect to retain the deposit, and sue tor any actual damages incurred by Trucks & Parts tor work done, costs incurred, and tor any incidental or consequential damages caused by Customer's breach.

3. Warranties. All used vehicles are sold "AS IS, WITHOUT WARRANTY", either express or Implied. TRUCKS & PARTS SPECIFICALLY DISCLAIMS ALL WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER REPRESENTATIONS TO THE CUSTOMER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. No other person is authorized to make any representations or warranties on behalf of Trucks & Parts, unless made or assumed in writing by Trucks & Parts.

4. Limitation of Liability. Customer shall have the right to fully inspect the vehicle at the time of delivery. Acceptance of the vehicle constitutes Customer's waiver of all claims against Trucks & Parts tor all actual, incidental or consequential damages, including without limitation: a) loss, damage or delays for any reason; b) failure to supply any property ordered hereunder unless Trucks & Parts receives notification of such failure within one week of delivery; c) loss of use, loss of time, lost profits or income; d) changes in design, materials or specifications explicitly specified by the Customer; e) modifications to the vehicle that the Customer specifies to be performed by others; and t) detects in design, materials or work- manship unless Trucks & Parts receives notification of such defects within one week of delivery.

Customer shall defend, indemnify and hold harmless Trucks & Parts and its subsidiaries and affiliated companies, their officers, agents and employees against all loss, liability and expense, including reasonable attorney's fees, by reason of bodily injury including death, and property damage, sustained by any person or persons including but not limited to the offi- cers, agents and employees of Customer, as a result of the Customer's maintenance, use, operation, servicing, transportation, defect in or failure of the vehicle, whether such bodily injury, death or property damage is due or claimed to be due in whole or in part, to any neglect, default, defect, fault, failure, act or omission, by or on behalf of Trucks & Parts, its offi- cers, agents and employees or any other person, including but not limited to any claims of strict liability in tort, breach of warranty, and/or negligence.

5. Modifications by Others. Customer acknowledges that any requested modifications to the vehicle that the Customer specifies to be performed by others are Customer's sole responsibility, and Customer shall reimburse Trucks & Parts for the cost of such modifications, regardless of whether Customer takes delivery of the vehicle. Trucks & Parts is not liable for any defects in design, materials or workmanship, or any errors or omissions by such third parties.

6. Trade-In. The trade-in allowance set forth on page one of this agreement is based upon an estimate by Trucks & Parts of the trade-in described herein in its present mechanical condition and with the equipment and attachments as represented by Customer. Such trade-in shall be subject to reappraisal by Trucks & Parts at the time of delivery of the vehicle. Customer shall deliver the trade-in empty of trash, in the same condition as at the time of the original appraisal, and shall be liable to Trucks & Parts tor any differences in the trade-in allowance due to changes in mechanical condition, equipment or attachments, and for costs of clean-up and disposal of trash or debris inside the vehicle.

7. Miscellaneous. Risk of loss shall pass to the Customer upon acceptance of delivery of the vehicle. A facsimile of this agreement shall have the same legal effect as an original hereof. Venue for any actions involving this agreement, including counterclaims, cross-claims or third party claims shall be exclusively in Hillsborough County, Florida, and this agree- ment shall be construed under the laws of the State of Florida. This agreement may not be assigned by Customer. This agreement expresses the entire agreement of the parties. If any part hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations of any jurisdiction, such provision shall be inapplicable and deemed omitted but shall not invalidate the remaining provisions hereof. In the event that Trucks & Parts is required to employ an attorney to enforce any of the terms of this agreement. Customer shall be liable tor all reasonable attorney's tees and costs, regardless of whether suit is instituted, through and including all trials, appeals and bankruptcy proceedings.

I HAVE READ AND UNDERSTAND THE ABOVE TERMS AND CONDITIONS.

CUSTOMER:
_________________________ Signature
_________________________ Print Name
_________________________ Title
_________________________ Date
APPROVED:

TRUCKS & PARTS

TRUCK PURCHASE AGREEMENT
CUSTOMER INFORMATION:

Stock#: TW1230557SL
Company: City of Porterville, CA
Address: 291 N. Main St.

Customer TIM#:

Customer PO Number:

Salesman: Vince Frawley Date: 12/3/2024
Contact: Richard Tree
City, State & Zip: Porterville, CA 93257
Phone: (559) 782-7451 Cell Phone: 559-483-0904 Fax: (559) 782-8937 Email address: ___ rt_re_e....;@;;...c_Lp_o_rt_erv_ille_.ca_.u_s ___ _ VEHICLE DESCRIPTION:

Year: 2024 Make: Isuzu Model: NRR VIN: JALE5W167R7306676 ---------------- Odometer: 0 Body Type: Side Loader Body Make: Curbtender --------------- Capacity: 8 yds Body Model: Tomcat Body Serial#: ______ c_2_14_9_9 _____ _ Projected Delivery Date: 01/24/2025
---------------------------------------
TERMS OF SALE:

1. Base Purchase Price:

2. Summary of Extras:

Truck Sold New with Full Manufacturer's Warranty
Truck to be hauled to customer location
City of Porterville
Attn: Russell Isom
555 N. Prospect St.

Porterville, CA 93257

3. Total Extras

4. Total Cash Price (Line 1 plus Line 3)

5. Net Amount of Trade-In:

Trade in Description:

6. Cash Price less Net Trade-In (Line 4 minus Line 5):

9. Title & Registration Fee: (GVW: 19,500)

10. Delivery charge (check one):
$ 174,900.00
$ 0.00
$ 174,900.00
$ 0.00
$ 174,900.00
x6.0% = $
X $ --------
Total Sales Tax: $ 0.00
X 12%= $ 0.00
$ 0.00 ------------
FOB
11 . Extended Warranty:

FOB Location
Cedar Falls, IA

12. Total Amount Due From Customer:

Freight Included
in Price
Delivery
Charged to
Customer
X $ 3,500.00 ------------
$ 0.00
$ 178,400.00 ------------
TERMS AND CONDITIONS:

1. Customer's responsibilities. Customer agrees to pay Trucks & Parts all charges required by law to be collected, including without limitation all tag, title. license. tire. battery and lien fees, and all federal, state and local truces. Although Trucks & Parts has used its best efforts to accurately state the amounts due under this Agreement, Customer remains liable for any additional amounts which may be assessed by law against Trucks & Parts. Customer shall be responsible to pay Trucks & Parts for all amounts due to pay off any liens on Customer's trade-in, as may be required by such lienholder, regardless of whether the lienholder has quoted the wrong amount to Trucks & Parts, the payoff amount has changed after the date of such quote, or whether Customer has failed to disclose to Trucks & Parts all lienholders on the vehicle. In the event Trucks & Parts incurs any additional costs after sale of the vehicle, such as sales true, federal excise tax, license, tag, title and transfer fees, Customer shall promptly reimburse Trucks & Parts for such costs upon demand. Unpaid or past due balances will be assessed a 1.5% per month interest charge, (18% per annum).

2. Deposit. Should Trucks & Parts fail to accept this offer or be unable to deliver the vehicle as promised, Customer's sole remedy against Trucks & Parts shall be a return of the deposit as liquidated damages. Should Customer fail to take delivery of the vehicle for any reason or otherwise breach this agreement, Trucks & Parts may elect to retain the deposit, and sue for any actual damages incurred by Trucks & Parts for work done, costs incurred, and for any incidental or consequential damages caused by Customer's breach.

3. Warranties. All used vehicles are sold "AS IS, WITHOUT WARRANTY", either express or implied. TRUCKS & PARTS SPECIFICALLY DISCLAIMS ALL WARRANTIES

4. Limitation of Liability. Customer shall have the right to fully inspect the vehicle at the time of delivery. Acceptance of the vehicle constitutes Customer's waiver of all claims againstTrucks & Parts for all actual, incidental or consequential damages, including without limitation: a) loss, damage or delays for any reason; b) failure to supply any property ordered hereunder unless Trucks & Parts receives notification of such failure within one week of delivery; c) Joss of use, loss of time, lost profits or income; d) changes in design, materials or specifications explicitly specified by the Customer; e) modifications to the vehicle that the Customer specifies to be performed by others; and f) defects in design, materials or work- manship unless Trucks & Parts receives notification of such defects within one week of delivery.

6. Trade-in. The trade-in allowance set forth on page one of this agreement is based upon an estimate by Trucks & Parts of the trade-in described herein in its present mechanical condition and with the equipment and attachments as represented by Customer. Such trade-in shall be subject to reappraisal by Trucks & Parts at the time of delivery of the vehicle. Customer shall deliver the trade-in empty of trash, in the same condition as at the time of the original appraisal, and shall be liable to Trucks & Parts for any differences in the trade-in allowance due to changes in mechanical condition, equipment or attachments, and for costs of clean-up and disposal of trash or debris inside the vehicle.

7. Miscellaneous. Risk of loss shall pass to the Customer upon acceptance of delivery of the vehicle. A facsimile of this agreement shall have the same legal effect as an original hereof. Venue for any actions involving this agreement, including counterclaims, cross-claims or third party claims shall be exclusively in Hillsborough County, Florida, and this agree- ment shall be construed under the laws of the State of Florida. This agreement may not be assigned by Customer. This agreement expresses the entire agreement of the parties. If any part hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations of any jurisdiction, such provision shall be inapplicable and deemed omitted but shall not invalidate the remaining provisions hereof. In the event that Trucks & Parts is required to employ an attorney to enforce any of the terms of this agreement, Customer shall be liable for all reasonable attorney's fees and costs, regardless of whether suit is instituted, through and including all trials, appeals and bankruptcy proceedings.

I HAVE READ AND UNDERSTAND THE ABOVE TERMS AND CONDITIONS.

CUSTOMER:
_ _ _ ______________________ Signature
_____________ _____ _______ Print Name
_________________________ Title
________________ ___ _ _____ Date
APPROVED:

TRUCKS & PARTS OF TAMPA
1015 S. 50th Street Tampa, FL 33619
(888) 488-8889 I (813) 247-6637 □ I (813) 247-4465 (Fax) ____ _____________________ Signature
_________________________ Print Name
_____________________ ____ Title
__________ _ ______ _ _ _ _ ____ Date
IIIIJa:HS®
&PIIII-.S
1015 South 50th Street, Tampa, FL 33619
USA TOLL FREE 1-888-488-8889
Local Phone (813) 247-6637 • FAX (813) 247-4465
www.trucksandparts.com Dealer License# VI11296531

INVOICE
SOLD TO/SHIP TO:

City of Porterville, CA
291 N. Main St.

Porterville, CA 93257
TW1230557SL
2024 Isuzu NRR VIN: JALE5W167R7306676
Curbtender Tomcat Capacity: 8 Side Loader
Body S/N: C21499
Trek sold new with manufacturer's warranty
TW1230556SL
2024 Isuzu NRR VIN: JALE5W167R7306385
Curbtender Tomcat Capacity: 8 Side Loader Body
S/N:21498
Truck sold new with manufacturer's warranty
Total Truck Price
Delivery Charge
TOTAL DUE: $356,800.00
Date: 12/03/2024 Customer
PO Number: Invoice
Bid Number 24/25-SR1985
REMIT TO:

Trucks & Parts of Tampa, LLC
1015 S. 50th Street
Tampa, FL 33619
$349,800.00
$7,000.00
-
s
s
Curbtender Tomcat - 8yd MSL
Hot shift PTO & pump
Manual hopper cover (expanded metal)
Curbside mounted Perkins 06071 tipper
LED hopper work lights LED Smart lights LED rear strobe Backup camera
Hydraulic tank clean out and inspection port Broom & shovel holders Mud flaps
Trucks And Parts 2024 NRR
I
Current report content is based on data as of 2023-01-09 11 :39:56. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.

Page 1 ends

- - -
Trucks And Parts 2024 NRR (2024 NRR Cab Chassis, 3U2 132.5"WB, 11 0"CA, 19,500 GVWR. White, 30 Gallon Stainles_s St~el In-Rail Fuel Ta~k with power windows, power d_oor locks and air conditioning Selected Model and Options
Model
Tires
l:ngine
Transmission
Wheelbase
Air Cleaner
Alternator
Ba~tery
Exhaust
Front Axle
Front Suspension
Front Wheels - .

Front Tires
Rear Suspension
Code
3U2
54 I5H
118
Description
NRR Cab Chassis 132.S"WB, 110"CA
White, 30 Gallon Stainless Steel In-Rail Fuel Tank
with power windows, power door locks and air
conditioning
LRR (low rolling resistance)
4HK1-TC, diesel engine 317 CID (5.19L), 215 HP at
2550 RPM: 452 ft.-lb. gross torque at 1850 RPM. 4
cylinder, 16 valve, four cycle, overhead cam,
turbocharged, inter-cooled, water cooled EGR valve,
direct injection, electronically controlled common rail fuel system, engine cruise control function. Oil level
check switch and light. Engine Warning system with
audible warning for low oil pressure, high coolant
temperature, and low coolant level.
11 W Aisin A465id 6-speed automatic transmission,
Ratios: 3.742, 2.003, 1.343,
IA9
KNX
I2C
IX1
IX?
IZ6
ID8
IB9
XTN/R3M
ID9
132.5 inches, includes ladder type channel frame.

Full C section straight frame 33.5 inches wide. Yield
strength 44,000 psi; section modulus 7.20 in3 RBM
316,800 lb./ft./in. per rail. 11 0"CA
Dry Paper single element. (Donaldson brand) Air
cleaner canister standard with air restriction indicator in the driver's Multi-Information Display (MID).
140 AMP. with integral regulator.

Dual 12-Volt maintenance free group 31 750 CCA
batteries with threaded posts
Single horizontal with DPF/SCR exhaust system
"l"-beam rated at 7,275 lbs. Includes integral
hydraulic power steering. Ratio 18.8-20.9:1.
8440 lbs. Capacity semi elliptical tapered leaf spring.

Includes shock absorbers and stabilizer bar

19.5" x 6", 6-hole disc, painted white
225/70R19.5F (12 ply) tubeless Radial, all season
14,550 lbs. capacity. Semi-elliptical main and
auxiliary multi-leaf springs. Includes shock
MSRP
$0.00
Inc.

Inc.

Current report content is based on data as of 2023-01-09 11 :39:56. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.

Page 2 ends

- ·- ·-· ·~· - - ·- - ·-·· ·-
Trucks And Parts 2024 NRR (2024 NRR Cab Chassis, 3U2 132.5"WB, 110"CA, 19,500 GVWR. White, 30 ~allon ~tainl~~s Steel ln-~~i~ ~u~I_ Tcink w}!h _pm,yer win_do~s, p~wer door lock~_ and air condi!io~in~ _ Selected Model and Options
Rear Axle
Ratio
Rear Wheels
Rear Tires
Fuel Tank
Seat
Brakes
_Air C~nditionin.~
Code Description
ID3
absorbers.

Single-speed, 14,550 lb. capacity with oil lubricated
rear wheel bearings.
011 5.571:1
IC1
YTN/S3M
141
AQB
K40
IE1

19.5" x 6", 6-hole disc, painted white
225/70R19.5F (12 ply) tubeless Radial, all season
tread.
30 Gallon Stainless Steel In-Rail Fuel Tank
Driver seat is reclining high back. Two single
occupant fold down seats with tray backs.

Butterfly valve type exhaust brake
Vacuum + Power Assist; hydraulic 4-wheel disc
brakes with 4-channel ABS. Mechanical,
transmission mounted parking brake. Non-asbestos
semi metallic linings are standard.

C60 Air conditioner
Power Windows & Door Locks .,_ - ~
Floor Mats
Model 9ption
Additional Opti()nS
Assistance System
Accessories
IL0 Yes
IQ6 Standard Floor Mats
54 White, 30 Gallon Stainless Steel In-Rail Fuel Tank
with power windows, power door locks and air
conditioning
IF6 Fire Extinguisher and Triangle Kit mounted in rear
organizer on standard cab and under rear seat on
crew cab
I4H CAN interface converter
IH2 Engine emergency shutdown system HWT, LWL,
LOP
IL9 PTO enable switch and engine idle up switch
recommended for PTO and idle applications only
I0W Heated dual remote control mirrors (17" head)
I6T Suspension driver's seat
179 Block heater and oil pan heater with receptacle
151 Electronic Vehicle Stability Control (EVSC) include ASR (Anti-Slip Regulation)
MSRP
Inc.

Inc.

Page 3 ends

..
•
&PIIRIS
Curbtender Tomcat Warranty Information
Standard:
• 12 months for complete body (non-wear items)
• 12 months for cylinders
Extended Options:
• Extended Warranty, Body, 12 months:
• Extended Warranty, Body, 24 months:
• Extended Warranty, Cylinder, 12 months:
• Extended Warranty, Cylinder, 24 months:
$1,300.00
$2,600.00
$1,300.00
$2,600.00

EXHAUST IEMP.ERATURE
.. by this limited warranty:
. .
(PARTICU IY\TE
We recommend that you return to Hie aealership
that sold you your vehicle because of thei~
knowledge of your truck and their continued and
personal interest in you. If you move, are travel ing,
or did not obtain your truck from an authorized
Isuzu dealership, any authorized Isuzu dealer can
provide standard and extended warranty service
for you.

The warranty coverages are determined b1• the mileage of the vehicle and the number of months from the de!1ver; date. whichever occurs first. See your authorized Isuzu dealer for warranty details. © 2023 Isuzu Commercial Truck of Amenca, Inc.

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY} ~ 07/15/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT Patricia Oliver NAME:

Brown & Brown Insurance Services, Inc. ;l)gN:0 Extl; (813) 349-2243 I FAX
fAIC, Nol: (813) 226-1313
140 Fountain Parkway N E-MAIL [email protected] ADDRESS:

Suite600 INSURER(S} AFFORDING COVERAGE NAIC#
St. Petersburg FL 33716 INSURER A: The Charter Oak Fire Insurance Company 25615 INSURED INSURERS; The Phoenix Insurance Company 25623
Industrial Truck & Equipment, LLC INSURERC: Travelers Casualty and Surety Company of America 31194 See Page 2 for all Named Insureds INSURER D: Travelers Casualty and Surety Company 19038 1015 S 50th St INSURERE: ACE American Insurance Company 22667 Tampa FL 33619 INSURERF;
COVERAGES CERTIFICATE NUMBER: 2024 Master REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE POLICYEFF POLIC("t#mE P LTR INSD WVD POLICY NUMBER IMM/DD!YYYY) IMMIDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ,__ ~ CLAIMS-MADE [81 OCCUR UI-\IVl l-\1..,C. I U ~C.l~ CU
PREMISES fEa occurrence) $ 300,000
- MED EXP (Any one person) $ 5,000
- A Y-630-8S732897-COF-24 01/01/2024 01/01/2025 PERSONAL & ADV INJURY $ 1,000,000 -
~
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- □ $ 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident! X ANYAUTO BODILY INJURY (Per person) $
- - B OWNED SCHEDULED 810-8S766538-24-14-G 01/01/2024 01/01/2025 AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ,__ AUTOS ONLY /Per accidentl NY PIP $50k/FL PIP $ 10,000

X UMBRELLA LIAB
~
OCCUR EACH OCCURRENCE $ 5,000,000
C EXCESS LIAB CLAIMS-MADE CUP-8S766692-24-14 01/01/2024 01/01/2025 AGGREGATE $ 5,000,000 OED I XI RETENTION $ 1 O,OOO $
WORKERS COMPENSATION X:IPER I I
OTHAND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ~ 01/01/2025 E.L. EACH ACCIDENT $ 1,000,000
D OFFICER/MEMBER EXCLUDED? N/A UB-1T600606-24-14-G 01/01/2024 (Mandatory in NH} E.L. DISEASE • EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ A Garagekeepers Legal Liability Y-630-8S732897-COF-24 01 /01/2024 01/01/2025 See Page2 For Details
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} The Workers' Compensation Policy Information is not applicable to the States of Washington and Ohio.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN EVIDENCE OF COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
I v~v-6
© 1988-2015ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:

LOC#:
-~ ®
ACORD
~ ADDITIONAL REMARKS SCHEDULE

AGENCY NAMED INSURED
Brown & Brown Insurance Services, Inc. Industrial Truck & Equipment, LLC

POLICY NUMBER

CARRIER I NAICCODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes E) Cyber Liability I F17772685 001 I 04/23/2024 - 04/23/2025 Per claim limit - $1,000,000
Per Aggregate - $1,000,000
GarageKeepers Coverage Legal Liability Limits
Loe 1: 2201 NW 22nd St, Unit B, Pompano Beach, FL 33069 Limit $2,000,000 Loe 2: 5701 N 50th St, Tampa, FL 33610 Limit $3,000,00
Loe 3: 1799 Horseshoe Pike, Glenmoore, PA 19344 Limit $750,000 Loe 4: 8700 E FM 917, Alvarado, TX 76009 Limit $500,000 Loe 5: 9 Pioneer Dr, North Oxford, MA 01537 Limit $1 ,500,000 Loe 6: 269 Alvanar Rd Rochester, NY 14606 Limit $1,000,000 Loe 7: 1015 S 50th St Tampa, FL 33619 Limit $1,500,000
Loe 8: 11023 N 22nd Ave, Phoenix AZ 85029 Limit $1,000,000 Loe 9:2395 NW Eleven Mile Ave, Gresham, OR 97030 Limit $2,000,000 Loe 10 10503 Lakeview Ave SW, Lakewood, WA 98499 Limit $750,000 Autos held for Sale Limits
Loe 1: 2201 NW 22nd St, Unit B, Pompano Beach, FL 33069 Limit $600,000 Loe 2: 5701 N 50th St, Tampa, FL 33610 Limit $1,000,000 Loe 3: 11023 N 22nd Ave, Phoenix AZ 85029 Limit $500,000 Loe 4: 1015 S 50th St, Tampa FL 33619 Limit $6,000,000
Loe 5: 9 Pioneer Dr, North Oxford, MA 01537 Limit $600,000 Loe 6: 269 Aivanar Rd Rochester, NY 14606 Limit $600,000 Loe 7: 8700 E FM 917, Alvarado, TX 76009 Limit $1,000,000 Loe 8: 1799 Horseshoe Pike, Glenmoore, PA 19344 Limit $3,000,000 Full list of NAMED INSUREDS:

Industrial Truck & Equipment LLC
Tampa Crane & Body Acquisition LLC
Environmental Equipment Sales & Services LLC
Environmental Equipment Sales & Services of New York LLC Environmental Equipment Sales & Service Holdings, LLC
Sunbelt Waste Equipment, LLC
Trucks & Parts of Pennsylvania LLC
Trucks & Parts of Texas LLC
Trucks & Parts of Tampa LLC
Balar Holding Corp. dba Balar Equipment
Sunbelt Hydraulics and Equipment, Inc.

Vocational Trucks & Equipment, LLC
D&G Trucks Holdings, Inc
Hawkeye Waste Realty I, LLC
Enviro-Clean Equipment, LLC

EESS LLC
Enviro-Clean Equipment, LLC Locations
-2395 NW Eleven Mile Ave, Gresham, OR 97030
-2406 NW Eleven Mile Ave, Gresham, OR 97030
-2371 NW Eleven Mile Ave, Gresham, OR 97030
-10503 Lakeview Ave SW, Lakewood, WA 98499
Page of
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Exhibit A - Required Forms
Form A

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

Addendum# Signature
Addendum# Signature
Addendum# Signature
Addendum# Signature
Addendum# Signature
Company: 7l-ve-K5 ~ f;,~75 af ?;i,,J//1 t..ter
Name: ~C-i" /-,2.A~ leY' I
Title: Z>,uc~"I- H bvs-,-,v&r.s f:>c:vEu,b,,f r--r
Signature: ~ \;~
Date: / 2 I I 2- / 2 ~ z ,;./

Page 66 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormB

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

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

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

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

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

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

Company: 7:evc.,es ..,. U,J. 7 ,5
Name: ___ ~ce MAwlt!'y' __.;._--'---'------.,--------------------------- Title: D1UC--rol-- tlf
Signature: ~
.6v.J/M:f".S j)£Ye4J/41F~7"
Date: __ I_Z._/2_1/_i _~_u,
~ _,_2--~o/ ______________ _

Page 67 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormC

BUY AMERICA CERTIFICATION
This certification applies to contracts over $500,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

If this Offer is valued in excess of $500,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
o Will comply with the requirements of 49 U.S.C. § 5323(j)(l) and the applicable regulations in 49 CPR part 661;
OR
o Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CPR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of $500,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
')(Will comply with the requirements of 49 U.S.C. § 5323(j) and the applicable regulations of 49 CFR § 661.11 ;
OR
o Cannot comply with the requirements of 49 § U.S.C. 5323(j) (and 49 CFR § 661.11 ), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

Company: 7lve,~s T' ft,/l7S ,,.f
Name: _ z.. &-=1. -'e;;..:G:;... .. _.._li.._'iA...;....w--=--..cU. -=+V ____ _______________ _ r Title: /J1ffc.~1- , CuJu~r; f>.Ev,Jt.>/+-1~~
Signature: a:::: S::-~ •
Date: /2/ ;i / l<!> 2y' --- ----'------=------------------ ----

Page 68 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
FormD

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF "7ul-Akc
-~Z¼~1.~w~ec~--~F--'-- ;z._A_w-'u'--'-z--+y _________________ declares and says:

1. That he/she is the (owner, partner, representative, or agent) of live£$ -v- 111,~~ ~ ?;;; i#'tl . A ?t- e, , hereinafter referred to as (CONTRACTOR) or (subcontractor).

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

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

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

Company: -r,Eue,,/C:, -v f:JAp..-rs qf Mm/ A
Name: ~eZ F,/fwt-€I ✓

Page 69 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormE

The Proposer certifies that:

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

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

Company: /JCJC,~S ..;, fA~s ()f ?;,.#'1/ A L.~ c...

Name: }';pa D7ANt€✓ '

Page 70 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
FormF

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

The Proposer certifies that:

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

Company: ~C¥S • C,,-rs (ff 7AAp? ?t.. (._.

Name: _ ,e_t _'ll-=~= .. --~..,___w1_ tE-+j/ ___________________ _ Title: D,~e7'Jf- of ~J/,Nty
Signature: ~ v~
Date: _ __!,_/ .::._ Z-/ ~ IZ... __!,_/ _ u_ l__,.Jy' L-_ _ _ _ _ _ _ _ _ ____ ___ _

Page 71 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
FormG
ACKNOWLEDGEMENT OF "BEST VALUE" SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a "Best Value" basis, which the Federal Transit Administration's (FTA) Best Practices Manual defines as follows:
"Best Value" is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

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

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

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

Company: ¼C-1&.s + [?,1--rs ~f fe....y.J ?~C.

Name: U..u,e rP-,fw l:o/
Title: 'i>,u,1>1- ,.& ~ ......,r
Signature:

Date: / 2.-/
~
IZ.. / Z:-0-Zr'
~

Page 72 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
)
.&!t.11 , CHEVROLET
The Family Business That Treats You Like Family
Cover Letter from Velocity Triple Automotive, Inc DBAAmerican Chevrolet, further referred to as "American Chevrolet"

CITY OF PORTERVILLE
REQUEST FOR PROPOSAL RFP No. 24/25-SR1985 (REBID)
TWO (2) MINI AUTO SIDE LOAD REFUSE TRUCKS
This bid has been prepared by Jonathon Quevedo, Fleet Manager and authorized representative for American Chevrolet to submit bids
American Chevrolet, a new, pre owned and commercial auto dealership, has been located and serving the City of Modesto, Stanislaus County and surrounding areas for over 30 years. Our commercial department has proudly been assisting small to large companies / fleets as well as municipalities locally and more recently has made an effort to become more involved in exploring greater opportunities outside of customer just in our "backyard". We thank an appreciate the City of Porterville for the opportunity to submit a bid on this project. This will be the first instances of selling a mini side loader specifically but American Chevrolet has been selling up fitted chassis on light, medium and heavy duty trucks for more than 20 years If American Chevrolet wins this bid we will work with our commercial representative to prioritize an order for two chassis in accordance with the bid and we have connected with two different locations that are authorized sellers and installers of refuse trucks. Ordering or securing a chassis is estimated at about 6 months and up fitter has estimated around 180 days to order and complet installation of side loader after accepting the chassis.

BID price is for a 2025 LCF Gas chassis and 8yd Tomcat manual side load body $208,749.25 (each unit) x 2 = $417,498.50
Some of our previous customers / clients include:

City of Modesto
1010"' street Modesto, Ca 95356
Lawrence "Larry" P. Devereaux Jr.

Fleet Manager
Public Works Administration
City of Modesto
209.342.2214
[email protected]
Modesto Irrigation District
929 Woodland Ave Modesto, Ca 95352
Jeff Fulan
[email protected]
209-552-1427
City of Lathrop
390 Towne Centre Dr Lathrop, Ca 95330
Todd Sebastian
[email protected]
209-941-7384
Cheers,
Jonathon Quevedo
Commercial & Fleet Manager
American Chevrolet
4742 McHenry Ave
Modesto, CA 95356
Cell 209.918.0678
Off 209.575.1606 Ext. 256
Fax 209.575.3363
https://www.americanchevrolet.com/
Date/Time: Dec 19, 2024 01 :28 PM
Buyer: City of Porterville City of Porte,5 1 a asperson: Phone:

Phone:

Address:

H: (559) 782-7499
291 N Main St
Porterville, CA 93257
Jonathon Quevedo
Salesperson: Zach Riedinger

CHEVROLET
2024 Chevrolet Silverado 1500, Body Type: Truck oRoeR
Color: White
Purchase 0 Months MSRP/Retall
@0% Selling Price
$ Down Est. $/Monthly Total Savings + Rebate
$0 $208,749 DMV
Doc Fee
Tomcat Side Loader
Total Taxes
Amount Financed
X X
Customer Signature Manager Signature
Date Date
$75,750.00
$70,750.00
$5,000.00
$43.50
$85.00
$120,200.00
$17,670.75
$208,749.25
Please submit this worksheet to Management for its review. I understand that (i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and (iii) Sales Consultant can not obligate or bind the customer or the dealership.

Customer
American Chevrolet
4742 McHenry Ave
Modesto, CA 95356
Quote
Date 12/9/2024
Valid for- 60 days
Terms
Descriotlon Quantlty Amount
2025 Curbtender 8yd Tomcat Manual Side load body
Complete mount on 2025Chevy LCF Chassis
Chealsea PTO and Pump combo
Single Tipper prep package
Dual Tap-in Kit Dual Spool for two fuction Tipper
All LED Lighting
LED Working lights
(2) LED strobe lights Upper Light Bar and Center mounted beacon Broom and shovel holder
Curbtender Back up camera system w/ 5" monitor
Painted Performance White
Remote grease lines for packer cylinder
Single Grabber Style Tipper Mounted Curbside
Required chassis specs
19500 GVWR, CA 108", PTO provision with remote throtle option *Must Provide Paint code with purchase order•
Current lead time- 150 days after receipt of chassis
Warranty: Standard Curbtender Warranty, lyr Body Warranty, lyr hydraulic warranty, and lyr cylinder warranty
Paint: Body acrylic Utethane Enamel Color: Performance White Terms and Conditions

1. Does not include takes or fees unless otherwise noted

2. Valid for 30 days unless otherwise noted

3. Please return after signing or submit Purchase Order to comfirm Customer acceptance (Sign Below)
X Date:

Print name here:
1 $
Subtotal
Sales Tax
Freight
DMV
Total
Exhibit A - Required Forms
Form A

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

Addendum # __ _,jJ_· ~II------'/>.'-------
Addendum# ___ .,_ _____ _
Addendum# ___ _,_ _____ _
Company: /}n\£1 j ( Ul'.J
Name: ( Y)yju_Ji11Jvi
Siwraw~
Signature ___________ _
Signature ___________ _
Signature __________ _
Signature __________ _
Title: ---+---+----~-L----c~~-__r_'._!_f,e:l_J~f.d,:k:._ _______ _ Signature: _ _:::::::,,,_-~f;z_':2'._ __ ~---------------- Date: -----------./.......Cc..__,,_____,--f---/-.<.c::+-----------

Page 66 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
Form B

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

Check one box below (and provide explanation if necessary):
""i_ The Proposer certifies that the Proposer and its principals:
/ "-1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

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

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

The Proposer certifies or affinns the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of3 I U.S.C. §§ 3801 et al. are applicable to this certification.

Company: lt/J/1£,{ / C/4t1 ciut(O} lt1'
Name: ( M)11c+/:141, ydtei/1t2 /4
,,-- '

Page 67 of 81 ends

City of Porterville
Mini Auto Side load Refuse Truck (REBID)
FormC

If this Offer is valued in excess of $500,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:

V Will comply with the requirements of 49 U .S.C. § 5323(j)( I) and the applicable ~lations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of$500,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
)( Will comply with the requirements of 49 U .S.C. § 5323(j) and the applicable ~gtilations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § U.S.C. 5323(j) (and 49 CFR § 661.11 ), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661. 7.

Page 68 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID}
Form D

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY~ Sto,ri s/cu s cl .;rvLL r
Cl,(liub.
1 (v,p/ 1 ,l½-t:t,dbv-!, ~P . Arr--trllfi"' \€ declaresandsays:

1. That he/she i~the (owner, partner, ~~i-ve, or agent) of &~le, ~_l!),£\/0 , hereinafter referred to as
(CONTRACT R) or (subcontractor).

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

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

Company: i}ri,~l/4h ch et1rd Llr
Name: J6}1C,ft1u..-. 'Zj1e11,,&
If
Date: ----------J/c...:2--c_-,;,-./;~7H./'----''2---.~i'-----------

Page 69 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck {REBID)
Form E

The Proposer certifies that:

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ I 0,000 and not more than $ I 00,000 for each such failure.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 380 I et al. are applicable to this certification. ~:::~-ny: -=-~~____,___~e.=--------:.~:~/~-<,J-+=.....,,__~-=~::· ~&-"--"~~~=~&-'--I-----+====== Signature: ______ J.....=~4-.~~---------------
Date: -----------<------=---""'---f--1.---+-+-'0-'«,,__-----------

Page 70 of 81 ends

City of Porterville
Mini Auto Side load Refuse Truck (REBID)
FormF

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

The Proposer certifies that:

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

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

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

Company: {t&lt VI fl&Ja ct'\£✓ rd ltk:

Name: ( J6f/Ct /t10in (fJc1e1/i,, c/,u

Page 71 of 81 ends

City of Porterville
Mini Auto Side load Refuse Truck (REBID)
FormG
ACKNOWLEDGEMENT OF "BEST VALUE" SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a "Best Value" basis, which the Federal Transit Administration's (FTA) Best Practices Manual defines as follows:
"Best Value" is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

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

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

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

Company: ft/"J/Ltt/1 C/tt2 C: /t..e1/ /.:/ C.~,,,/
Name: ! )dint Ii,<)/ lp1.1.ev e-/4 --- Title: ,,__/
Signature: -----'\:;:=~'7".lZ?"'-------;,----:------------- Date: -------------'------+....L..-"+.-----1''--------------

Page 72 of 81 ends

City of Porterville
Mini Auto Side Load Refuse Truck (REBID)
Item No. 11.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: City Easement Conveyance to Southern California Edison SOURCE: Engineering and Project Management
COMMENT: Southern California Edison (SCE) is requesting an easement from the City for the purpose of installing and maintaining a battery energy storage system (BESS), microgrid controllers, and related facilities at the eastern end of the property located at approximately 1322 W. Grand Avenue, directly across the street from the City's corporation yard/wastewater treatment facility. This work is to establish a Smart Cities pilot program for electrical systems and is required and necessary to gauge the viability of future systems for SCE's power grid.

RECOMMENDATION: That the City Council:

1. Approve the draft Resolution Authorizing a Grant Deed of Easement to Southern California Edison;

2. Accept Southern California Edison's request to have the City convey an easement for the installation and
maintenance of a battery energy storage system (BESS),
microgrid controllers, and related facilities;

3. Authorize the Mayor to sign the Grant of Easement; and

4. Authorize the City Engineer to mail the signed Grant of Easement to Southern California Edison for recordation.

ATTACHMENTS: 1. Locator Map

2. Site Plan

3. Draft Resolution

4. Grant of Easement Document
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
Item No. 11.

X X X X X X X X X X X X X X X X X X X X X X X X X X X X 43'-3" 3'-0"
5'-2" 15'-0" 7'-6" 2'-0" 1'-7"2'-8" 7'-6" 1'-7"
4'-11" 4'-11"
42'-10"73'-10"
12'-0" REFERENCE DRAWINGS THIS DRAWING WAS PREPARED BY POWER ENGINEERS, INC. FOR A SPECIFIC PROJECT, TAKING INTO CONSIDERATION THE SPECIFIC AND UNIQUE REQUIREMENTS OF THE PROJECT. REUSE OF THIS DRAWING OR ANY INFORMATION CONTAINED IN THIS DRAWING FOR ANY PURPOSE IS PROHIBITED UNLESS WRITTEN PERMISSION FROM BOTH POWER AND POWER'S CLIENT IS GRANTED. REV REVISIONS DATE DRN DSGN CKD APPD DSGN CKD SCALE: DRN FOR 22x34 DWG ONLY JOB NUMBER DRAWING NUMBERREV DCB 1 2 3 4 5 6 7 A 8 0251406 SOUTHERN CALIFORNIA EDISON RELIABILITY BESS - CITY OF PORTERVILLE 3MWH - 12MWH BESS PROJECT B A ISSUED FOR CONCEPT 05/24/2024 EA KL TN TN B ISSUED FOR CONCEPT BESS CONTROLLER ADDED 06/21/2024 EA KL TN TN E1-1-S2.DWG GENERAL ARRANGEMENT PLAN E1-1-S1 KL 06/21/2024 EA 06/21/2024 TN 06/21/2024 NTS PRELIMINARY NOT FOR CONSTRUCTION WEST GRAND AVE HWY 45 HWY 65

THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY TROY W. NEAL, PE E24573 ON 06/21/2024

AND APPLIES ONLY TO THE REVISION NOTED ON THIS
DATE

POWER ENGINEERS, INC
06-21-2024

X X X X X X X X X X X X X X X X X X X X X X X X X X X X 43'-3" 3'-0"
5'-2"
15'-0" 7'-6" 2'-0" 1'-7"2'-8" 7'-6" 1'-7"
4'-11" 4'-11"
12'-0" REFERENCE DRAWINGS THIS DRAWING WAS PREPARED BY POWER ENGINEERS, INC. FOR A SPECIFIC PROJECT, TAKING INTO CONSIDERATION THE SPECIFIC AND UNIQUE REQUIREMENTS OF THE PROJECT. REUSE OF THIS DRAWING OR ANY INFORMATION CONTAINED IN THIS DRAWING FOR ANY PURPOSE IS PROHIBITED UNLESS WRITTEN PERMISSION FROM BOTH POWER AND POWER'S CLIENT IS GRANTED. REV REVISIONS DATE DRN DSGN CKD APPD DSGN CKD SCALE: DRN FOR 22x34 DWG ONLY JOB NUMBER DRAWING NUMBERREV DCB 1 2 3 4 5 6 7 A 8 0251406 SOUTHERN CALIFORNIA EDISON RELIABILITY BESS - CITY OF PORTERVILLE 3MWH - 12MWH BESS PROJECT B A ISSUED FOR CONCEPT 05/24/2024 EA KL TN TN B ISSUED FOR CONCEPT BESS CONTROLLER ADDED 06/21/2024 EA KL TN TN E1-1-S2.DWG GENERAL ARRANGEMENT PLAN E1-1-S2 KL 06/21/2024 EA 06/21/2024 TN 06/21/2024 1/4" = 1'-0" PRELIMINARY NOT FOR CONSTRUCTION 0 1/4" = 1'- 0" 1 2 3 4 5 10 FEET

THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY TROY W. NEAL, PE E24573 ON 06/21/2024

AND APPLIES ONLY TO THE REVISION NOTED ON THIS
DATE

POWER ENGINEERS, INC
06-21-2024
RESOLUTION NO. _____ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING A GRANT DEED OF EASEMENT TO SOUTHERN CALIFORNIA

EDISON COMPANY
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby grants to Southern California Edison Company, a California corporation, its successors and assigns, an exclusive easement (“Energy Storage Easement”) to construct, install, use, maintain, alter, add to, repair, replace, inspect and/or remove at any time and from time to time during the Term hereof (as defined below) energy storage batteries, inverters, racks, modules, fixtures, buildings, enclosures, fences, foundations and other facilities, structures and appurtenances which Southern California Edison Company, its successors and assigns, may find necessary or convenient for the construction, maintenance and operation of an energy storage facility in, under, on, over, along and across those portions of that certain real property in the County of Tulare, State of California, described as follows:

THE EASTERLY 201.00 FEET OF THE ADJUSTED REMAINDER OF LOT LINE ADJUSTMENT 16-2007, RECORDED OCTOBER 23, 2007 AS INSTRUMENT NO. 2007-0091895, OF OFFICIAL RECORDS, BEING A PORTION OF THE REMAINDER OF PARCEL MAP NO. 3874, AS PER MAP FILED IN BOOK 39, PAGE 77 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF TULARE COUNTY, STATE OF CALIFORNIA.

EXCEPTING THEREFROM THE NORTHERLY 100.00 FEET THEREOF.

CONTAINING AN AREA OF 25594 SQUARE FEET (0.5876 ACRES), MORE OR LESS.

PASSED, ADOPTED AND APPROVED this 21st day of January, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON

COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON

COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $_____________________ Serial No.

Service Order No. 802111452
Location: City of Porterville
A.P.N.: 251-350-028
RP File No. ACQ204002895
SCE Doc No.
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME Approved
Vegetation & Land
Management
BY LAW/MR DATE 11/22/24

GRANT OF EASEMENTS
(Battery Storage Facility – APN: 251-350-028)
FOR VALUABLE CONSIDERATION, CITY OF PORTERVILLE, a municipal corporation, hereinafter called "Grantor," does hereby grant to SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, its successors and assigns, hereinafter called "Grantee," an exclusive easement (“Energy Storage Easement”) to construct, install, use, maintain, alter, add to, repair, replace, inspect and/or remove at any time and from time to time during the Term hereof (as defined below) energy storage batteries, inverters, racks, modules, fixtures, buildings, enclosures, fences, foundations and other facilities, structures and appurtenances which said Grantee, its successors and assigns, may find necessary or convenient for the construction, maintenance and operation of an energy storage facility in, under, on, over, along and across those portions of Grantor’s land located in the County of Tulare, State of California, and more particularly described as follows:

See Legal Description attached hereto as Exhibit “A” and Depiction attached hereto as Exhibit “B”, both incorporated herein by this reference
(the “Energy Storage Easement Area”).

As an element of the Energy Storage Easement, Grantee shall have the supplemental, exclusive right to enter in, on, over, across and along all portions of the Energy Storage Easement Area for the following purposes and activities:
• to construct, operate, maintain, alter, add to, repair, replace, inspect and/or remove at any time and from time to time, electrical and communication systems consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (e.g., through fiber optic cable) (collectively, the “Interconnection Rights”); and
• to construct, operate, repair, maintain and replace such facilities, structures and improvements as are deemed necessary and/or convenient by Grantee to collect, channelize, retain and convey storm water flows and discharges originating from the Energy Storage Easement Area or otherwise entering onto the Energy Storage Easement Area from lands located outside of the Energy Storage Easement Area (collectively, the “Water Retention Rights”).

Grant of Easements
City of Porterville, a municipal corp., to
S.C.E.Co., a corp.

RP File No.: ACQ204002895
Grantor also hereby grants to Grantee, its successors and assigns, a non-exclusive easement (“Access Easement”) to use (i) existing roads on lands of Grantor as shall be necessary or convenient to Grantee's access to and use of the Energy Storage Easement Area and (ii) all necessary and convenient means of (A) ingress from the public right of way to all portions of the Energy Storage Easement Area and (B) egress to the public highway from all portions of the Energy Storage Easement Area. Said roads and such areas of ingress and egress described above are hereafter collectively referred to as the “Access Easement Area.” The Energy Storage Easement (including its associated and supplemental Interconnection Rights and Water Retention Rights) and the Access Easement are sometimes hereafter collectively referred to as the “Easements;” the Energy Storage Easement Area and the Access Easement Area are sometimes hereafter collectively referred to as the “Easement Areas.”
Grantee, its successors and assigns shall have the right to clear and to keep clear the Easement Areas free from explosives, buildings, equipment, brush, combustible material and any and all other structures and obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may (i) endanger any equipment, facilities, structures and/or appurtenances installed, operated and maintained by Grantee in, on, over, under, across and through the Easement Areas, (ii) impair or hinder Grantee’s ability to obtain ingress to/egress from the Easement Areas (or any part thereof) or (iii) interfere with Grantee’s exercise of the rights herein granted.

Grantor shall cooperate with Grantee in obtaining any necessary permits, approvals and authorizations from any governmental agencies or other third parties having jurisdiction over and/or rights with respect to the Easements, the Easement Areas and Grantee’s exercise of the rights established pursuant to this Grant of Easements.

Grantee shall construct, operate and maintain all Grantee property installed or otherwise placed on the Easement Areas in accordance with all applicable laws, rules and regulatory requirements.

Grantee shall have the quiet use and enjoyment of the Easements Areas in accordance with the terms of this Grant of Easements without any suit or interference of any kind by Grantor or any other person or entity, and Grantor shall protect and defend the right, title and interest of Grantee hereunder from any other rights, interests, title and claims.

This Grant of Easements runs with the land and binds and benefits Grantor’s and Grantee’s successors and assigns.

To the extent that Grantee, in the exercise of its discretion, determines that this Grant of Easements is no longer needed, then upon written request, Grantee shall execute a quitclaim deed on a mutually acceptable form at no cost to Grantor.

Grantor will grant an easement for said system as constructed and located in substantial conformance with the legal description and diagram. Upon completion of the installation of the facilities described herein, upon request, Grantee shall execute an amendment to this Easement to further specify and delineate the specific location on Grantor’s property where the facilities have been installed.

Any notices to be given under this Grant of Easements shall be in writing and shall be delivered by certified United States mail or overnight delivery service to the following addresses (until notice of a different address is provided):

Grantor: CITY OF PORTERVILLE
____________________________
____________________________
____________________________
Attn: ______________________
Grant of Easements
City of Porterville, a municipal corp., to
S.C.E.Co., a corp.

RP File No.: ACQ204002895
Grantee: Southern California Edison Company
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: TITLE & REAL ESTATE SERVICES
This Grant of Easements shall be governed by, and construed and enforced in accordance with, the laws of the State of California.

This Grant of Easements may be executed in a number of identical counterparts which, when taken together, shall collectively constitute one instrument. [THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW] Grant of Easements
City of Porterville, a municipal corp., to
S.C.E.Co., a corp.

RP File No.: ACQ204002895
IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easements to be executed on the dates written below.
“Grantor”

CITY OF PORTERVILLE,
a municipal corporation
Date: ____________________________ By
Name
Title
Date: ____________________________ By
Name
Title
“Grantee”

SOUTHERN CALIFORNIA EDISON COMPANY,
a California corporation
Date: ____________________________ By
Name
Title
Date: ____________________________ By
Name
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
EXHIBIT “A”
THE EASTERLY 201.00 FEET OF THE ADJUSTED REMAINDER OF LOT LINE ADJUSTMENT 16-2007, RECORDED OCTOBER 23, 2007 AS INSTRUMENT NO. 2007-0091895, OF OFFICIAL RECORDS, BEING A PORTION OF THE REMAINDER OF PARCEL MAP NO. 3874, AS PER MAP FILED IN BOOK 39, PAGE 77 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF TULARE COUNTY, STATE OF CALIFORNIA.

EXCEPTING THEREFROM THE NORTHERLY 100.00 FEET THEREOF.

CONTAINING AN AREA OF 25594 SQUARE FEET (0.5876 ACRES), MORE OR LESS.

FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.

Item No. 12.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Authorization to Rescind Resolution No. 84-2024 and Approve Updated FY 23/24 TDA Resolution
SOURCE: Public Works
COMMENT: On November 19, 2024, the City Council adopted Resolution No. 84- 2024, which authorized Transportation Development Act (TDA) claims for the Fiscal Year 2023-24. This resolution included allocations for the State Transit Assistance (STA) and Local Transportation Funds (LTF) for both the City of Porterville and the Tulare County Regional Transit Agency (TCRTA). However, since the adoption of Resolution No. 84- 2024, updates to the TCRTA’s FY 2023-24 budget and revised apportionments have necessitated a redistribution of LTF allocations.

While the allocation of $991,292.10 in STA funds remains unchanged, the Local Transportation Funds have been adjusted to reflect updated budgetary needs and priorities. TCRTA’s LTF allocation has increased from $1,570,607.28 to $1,615,678.25, while the City’s LTF allocation has correspondingly decreased from $1,619,628.72 to $1,574,557.75. These changes align with the revised transit budget and ensure proper compliance with TCAG’s requirements for TDA claims.

RECOMMENDATION: That the City Council:

1. Rescind Resolution No. 84-2024; and

2. Approve the attached updated draft resolution for the Fiscal Year 2023-24 Transportation Development Act (TDA) claim; and

3. Authorize the staff to file the approved resolution with the appropriate agencies.

ATTACHMENTS: 1. November 19, 2024 Staff Report

2. Resolution 84-2024

3. Draft Resolution
Appropriated/Funded:

Review By:

Item No. 12.

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Item No. 12.

CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Update and Approval of FY 2023 and FY 2024-25 Transit Programs and Transportation Development Act (TDA) Claims
SOURCE: Public Works
COMMENT: Staff has prepared an update on the Fiscal Year (FY) 2023 and FY 2024-25 transit programs and related TDA claims to reflect adjustments in funding allocations and project priorities. This includes rescinding the previous FY 2023 TDA claim and updating the FY 2024-25 Program of Projects.

FY 2023 TDA Claim
For Fiscal Year (FY) 2023-24, the City of Porterville received an estimated allocation of $991,292.10 in STA funds and $3,567,034.28 in LTF funds. On August 6, 2024, the City Council approved Resolution No. 54-2024, authorizing TCRTA to submit a TDA claim for $991,292.10 in STA funds and $603,283 in LTF funds, with the remaining $2,963,751.28 in LTF funds allocated directly to the City (detailed in the attached staff report from August 6, 2024).

Since the initial approval, updates to both the estimated allocation and the FY 23/24 TCRTA budget have impacted the LTF allocations, necessitating a revised claim. The updated FY 2023-24 TDA claim does not change the amount of STA funds claimed by TCRTA but increases the LTF allocation to TCRTA from $603,283 to $1,251,298.28. This adjustment results in a corresponding decrease in the amount of LTF funds claimed by the City. The revised allocations are as follows:
• TCRTA: $991,292.10 in STA funds (unchanged) and
$1,251,298.28 in LTF funds.
• City of Porterville: $2,247,817.92 in remaining LTF funds.

These adjustments align with TCAG’s 2024 TDA Claims Manual and ensure compliance with current transit budget requirements.

FY 2024-25 Transit Program of Projects
On August 6, 2024, the City Council approved the FY 2024-2025 Transit Division Budget and Program of Projects, outlining allocations for projects funded by the Federal Transit Administration (FTA) Section Item No. 12.
5307 and 5339, with TDA funds serving as local matches. This Program of Projects, required by the FTA, identifies fiscally constrained projects for the current fiscal year.

Since the initial approval, updates to available TDA funding and revised project proposals have led to minor adjustments in project allocations to better align with current service and infrastructure priorities. A summary of key changes is as follows:
• Revenue Vehicles: Quantity reductions have been made to align more efficiently with current service requirements.
• Facility Improvements (Administration & Transit Center): Funding has been adjusted based on recent assessments to support increased usage and enhance operational efficiency.
• Charging Station Infrastructure: Funding has been revised to include support for new solar-powered charging stations and the replacement of existing stations.
• Fare Collection System Upgrades: Adjustments have been made to leverage the regional fare collection system, reducing the City’s overall investment.

If approved, staff will submit the updated Program of Projects to the Tulare County Association of Governments (TCAG) for inclusion in a future Federal Transportation Improvement Program (FTIP) amendment.

This administrative update process typically takes a few weeks.

RECOMMENDATION: That the City Council:

1. Rescind Resolution No. 54-2024 from August 6, 2024,
and approve the updated FY 2023 TDA Claim; and

2. Approve the updated allocations for the FY 2024-25
Transit Program of Projects; and

3. Direct staff to implement these changes and ensure
compliance with funding and program requirements.

ATTACHMENTS: 1. August 6, 2024 Staff Report

2. Resolution No. 54-2024

3. Draft Resolution

4. Updated Program of Projects_11.6.24
Appropriated/Funded:

Review By:

Department Director:

Item No. 12.

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. 84 -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE FOR FISCAL YEAR 2023-24 TRANSPORTATION DEVELOPMENT ACT CLAIM

BY THE CITY OF PORTERVILLE AND CONCURRENCE TO A CLAIM BY

THE TULARE COUNTY REGIONAL TRANSIT AGENCY
WHEREAS, pursuant to Government Code Section 66500 et seq., the Tulare County Association of Governments ("TCAG") is the regional transportation planning agency for Tulare County; and
WHEREAS, the Mills-Alquist-Deddeh Act ("Transportation Development Act" or "TOA"), Public Utilities Code Section 99200 et seq., makes certain retail sales tax revenues available to eligible claimants for public transportation projects and purposes; and
WHEREAS, TCAG is responsible for the allocation of TOA funds to eligible claimants within the Tulare County region; and
WHEREAS, the City of Porterville is an eligible claimant of TOA funds; and WHEREAS, for the fiscal year 2023-24 the City of Porterville is allocated an estimated $991,292.10 in State Transit Assistance ("STA") funds and $3,499,116.20 in Local Transportation Funds ("L TF"); and
WHEREAS, during fiscal year 2023-24, the City of Porterville was a member agency of the Tulare County Regional Transit Agency ("TCRTA"); and WHEREAS, the TCRTA Joint Powers Agreement provides the member agencies may authorize TCRT A to submit claims for its member's allocated TOA funds if unanimously approved by the directors present and voting at a meeting; and WHEREAS, the Tulare County Regional Transit Agency's fiscal year 2023-24 transit budget, as amended, lists the amounts of and purposes for the fiscal year 2023- 24 TOA allocations requested.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Porterville City Council does hereby authorize a FY 2023-24 TOA claim by the Tulare County Regional Transit Agency in the amounts of $991,292.10 in State Transit Assistance and $1,570,607.28 in Local Transportation funds, subject to the TCAG 2024 TOA Claims Manual; and

Page 1 of 2 ends

Resolution No. 84-2024

2. That the Porterville City Council does hereby approve a FY 2023-24 TOA claim by the City of Porterville for the remaining $1,619,628.72 in Local Transportation funds, subject to the TCAG 2024 TOA Claims Manual; and PASSED, APPROVED AND ADOPTED this 19th day of November 2024.

ATTEST:

Patrice Hildreth, City Clerk
By ~ ~ •
Gabriel-Moraga,
Acting Chief Deputy City Clerk

Page 2 of 2 ends

Martha A. Flores, Mayor

ST ATE OF CALIFORNIA )

CITY OF PORTERVILLE ) SS

COUNTY OF TULARE )
I, PATRICE HILDRETH, the duly appointed City Clerk of the City of Porterville do hereby certify and declare that the foregoing is a full, true and correct copy of the resolution passed and adopted by the Council of the City of Porterville at a meeting of the Porterville City Council duly called and held on the 19th day of November, 2024.

Said resolution was duly passed, approved, and adopted by the following vote:

Council: FLORES CARRILLO WEYHRAUCH BELTRAN MEISTER
AYES: X X X X
NOES:

ABSTAIN: ABSENT: X
A TRICE HILDRETH, City Clerk
y:~___...._~
Fernando Gabriel-::..

Acting Chief Deputy City Clerk

Page 1 of 2 ends

RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE FOR FISCAL YEAR 2023-24 TRANSPORTATION DEVELOPMENT ACT CLAIM

BY THE CITY OF PORTERVILLE AND CONCURRENCE TO A CLAIM BY

THE TULARE COUNTY REGIONAL TRANSIT AGENCY
WHEREAS, pursuant to Government Code Section 66500 et seq., the Tulare County Association of Governments (“TCAG”) is the regional transportation planning agency for Tulare County; and
WHEREAS, the Mills-Alquist-Deddeh Act (“Transportation Development Act” or “TDA”), Public Utilities Code Section 99200 et seq., makes certain retail sales tax revenues available to eligible claimants for public transportation projects and purposes; and
WHEREAS, TCAG is responsible for the allocation of TDA funds to eligible claimants within the Tulare County region; and
WHEREAS, the City of Porterville is an eligible claimant of TDA funds; and WHEREAS, for the fiscal year 2023-24 the City of Porterville is allocated an estimated $991,292.10 in State Transit Assistance (“STA”) funds and $3,499,116.20 in Local Transportation Funds (“LTF”); and
WHEREAS, during fiscal year 2023-24, the City of Porterville was a member agency of the Tulare County Regional Transit Agency (“TCRTA”); and WHEREAS, the TCRTA Joint Powers Agreement provides the member agencies may authorize TCRTA to submit claims for its member’s allocated TDA funds if unanimously approved by the directors present and voting at a meeting; and WHEREAS, the Tulare County Regional Transit Agency’s fiscal year 2023-24 transit budget, as amended, lists the amounts of and purposes for the fiscal year 2023- 24 TDA allocations requested.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Porterville City Council does hereby authorize a FY 2023-24 TDA claim by the Tulare County Regional Transit Agency in the amounts of $991,292.10 in State Transit Assistance and $1,615,678.25 in Local Transportation funds, subject to the TCAG 2024 TDA Claims Manual; and Resolution No. ____-2025

Page 2 of 2 ends

2. That the Porterville City Council does hereby approve a FY 2023-24 TDA claim by the City of Porterville for the remaining $1,574,557.75 in Local Transportation funds, subject to the TCAG 2024 TDA Claims Manual.

PASSED, APPROVED AND ADOPTED this 21st day of January 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 13.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration to Rescind the Approved Side Letter Agreement for the Management Confidential Series
SOURCE: Administrative Services
COMMENT: On April 26, 2024, the U.S. Department of Labor issued a final rule for Administrative & Professional Employees, revising the Fair Labor Standards Act (FLSA) regulations governing exemptions for minimum wage and overtime pay requirements. The revisions increased the standard salary level and the total annual compensation threshold for highly compensated employees.

These changes would impact employees within the Management and Confidential Series (MCS) and in preparation, the City entered into a side letter agreement with the group. Previously, most employees in this group were designated as overtime-exempt and received 40 hours of administrative leave. Under the side letter agreement, employees earning less than $58,000 would become eligible for overtime but receive only 16 hours of administrative leave.

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the 2024 Overtime Rule nationwide, ruling that the U.S.

Department of Labor had exceeded its statutory authority. As a result, the thresholds reverted to those established under the 2019 Overtime Rule.

RECOMMENDATION: That the City Council:

1. Rescind the side letter agreement amending the
Employee Pay and Benefit Plan pertaining to the
Management Confidential Series employees; and

2. Authorize staff to revert back to the previous FLSA
overtime rule and amend the Employee Pay and Benefit
Plan to reflect the change.

ATTACHMENTS: 1. Side Letter Agreement - MCS FLSA
Appropriated/Funded:

Item No. 13.

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 14.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: CDBG Citizens’ Advisory and Housing Opportunity Committee SOURCE: Community Development
COMMENT: In preparation for the development of the Consolidated Plan and Annual Action Plan (AP) to be submitted to the federal Department of Housing and Urban Development (HUD), the annual designation and appointment of a Citizens’ Advisory and Housing Opportunity Committee is required.

A Citizens’ Advisory Committee was established in 1981 to function in an advisory capacity to the Council regarding program design, implementation, and assessment. This Committee consists of seven residents of the city, appointed annually by the Council. The Citizen Participation Plan places particular emphasis on obtaining representation of low- and moderate-income persons residing in identified slum and blight areas, members of minority groups, the elderly, the disabled, and residents of areas where the use of funds is proposed.

Outreach was conducted to fill all seven seats, which expire in January as they are only a one year term. This included outreach to the existing committee members, community members who have shown interest or involvement with these programs, community members that fit the qualifications listed above and the general public through the City's website and social media accounts. Five members of the 2024 committee have expressed their willingness to serve as 2025 Committee members:

Rebecca Contreras
Eriselda Lizarraga
Linda Mendez
Isabel Olmos
Jacqueline Verduzco Alanis
Applications have been received for the returning members, and staff is requesting that they be re-appointed as members of the CDBG Advisory and Housing Opportunity Advisory Committee for the 2025 program year. At the time of the writing of this staff report, no applications have been received for the remaining vacancies on the committee. Staff will continue to outreach to fill the seats and if additional applications are received, another item will be brought before to City Council for consideration of those appointments.

The Five-Year Consolidated Plan (2025 - 2029) inclusive of the first year Action plan (2025 Action Plan) is in the process of being developed by Resource Consultants and is planned to be presented to the Council in April 2025 for adoption.

Community input will continue to be sought in accordance with the Citizens Item No. 14.

Participation Plan. Outreach already performed includes a presentation on the development of the Consolidated Plan before City Council on September 17, 2024, followed by a Community Meeting on September 18, 2024, and a Stakeholder meeting on September 19, 2024. Additionally, two public hearings are also planned. Community input from the Community and Stakeholder meetings, surveys, and other community outreach, will be presented to the Citizens’ Advisory and Housing Opportunity Committee and at the first public hearing, on February 11, 2025. The Citizens’ Advisory and Housing Opportunity Committee will give input on the development of the draft Consolidated Plan, and the 2025 draft Action Plan. The Plans will then be available for a 30-day public comment period and will be taken to the Council for a final public hearing and consideration of adoption at its meeting on April 15, 2025. Both documents are due to the U.S. Department of Housing and Urban Development (HUD) at least 45 days before the start of the program year of July 1, 2025.

RECOMMENDATION: That the City Council appoint existing Committee members Rebecca Contreras, Eriselda Lizarraga, Linda Mendez,
Isabel Olmos and Jacqueline Verduzco Alanis to the
Citizens’ Advisory and Housing Opportunity Committee for a one-year term.

ATTACHMENTS: 1. Request for Appointment Contreras

2. Request for Appointment Lizarraga

3. Request for Appointment Mendez

4. Request for Appointment Olmos

5. Request for Appointment Verduzco Alanis
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT

Page 1 of 2 ends

Please complete all blanks.

Name: ______________________________________________________________________ (Please Print) Appointment to: ______________________________________________________________ (Name of Board, Commission, or Committee)
□ Reappointment; or IF NEW, Please provide:

Street Address: _____________________________________________ _____________________________________________
Mailing Address: ____________________
_____________________________________________
Name of Business: _________________________________________________________ □ Own □ Operate
Business Address: _____________________________________________ _____________________________________________
Telephone: Home _ _________________
Work ____________________________________
FAX ____________________________________
E-mail _
Eriselda Lizarraga CDBG Committee member

Page 2 of 2 ends

City of Porterville resident: Registered Voter:

Yes Yes
No □ No
Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Resume attached Letter of request attached
Submitted By: ____________________________________ ________________________ Date
Received by: ___________________________________________________________________ Forwarded to: City Clerk □ Date: __________________
City Council □ Date: __________________
Staff Liaison □ Date: __________________
Tentative Council Mtg Date: ___________________
Previous committee member to serve CDBG. Experience with skills to communicate with staff and our community. Focus to details commitment and dedication to projects. I enjoy being part of CDBG committee member and be able to be part of it. Getting involved with city projects and being able to provide feedback in approving or disapproving projects among our city and community. 12-13-2024 ✔ ✔ ✔
Eriselda G Lizarraga
Porterville Ca 93257
Objective:

Obtain an opportunity to participate as a community volunteer CDBG committee member. To be a great asset to the department, by implementing my strengths and experience and providing feedback on planning, implementation, and assessment of the Community Development Block Grant (CDBG) and Home Investment Partnership Act (Home) Programs.

Education
Kaplan University - 2016 Real State Certificate
Porterville College-2014 Associate Degree in Social Science Porterville FHCN-2011 Medical Assistance Certificate
CPR Certified
HIPPA Certified
Porterville Adult School-1996 High School Diploma
Skills
• Bilingual Fluent English/Spanish
• Safety Management
• Fostering teamwork
• Problem solving
• Time Management
• Team leadership
• Strong work ethic
• People Skills
• Responsible-Trustworthy
• Organized
Work Experience
Family HealthCare Network Care Coordinator October 2020-Present Porterville, CA
• Create care plan within the Enhanced Care Management (ECM) ensuring the patient care is maintained and integrated among service providers.
• Oversee and support patients care plan to reduce their frequent emergency room visits. • Educate patients on how to utilize resources available via insurance and health care centers. • Reporting to the Care Coordinator Manager with implementation of the Enhanced Care Management. • Support to patient and family members health team, and outside organizations to reduce or eliminate barriers to patient care.

Family HealthCare Network Community Health Representative September 2013-October 2020 Porterville, CA
• Supported community health team develop recommendations for improvements to the community health system. • Supervise and monitor community health team to organize and host community events with up to thirty employees and outside partnering agencies.
• Collected data and created reports to ensure grant metrics were met. • Adhering to the program objective to ensure successful events. • Maintains safe and healthy work environment by establishing and enforcing organization standards and adhering to legal regulations.
• Participate in interviewing panel for new hire employees train employees and develop personal growth opportunities. • Enrollment assistance to Cal-Fresh, Medical and Covered California. • Coordinate and participate in zoom meetings.
• Establish business partnerships with local schools and businesses.

Family Health Care Network Medical Assistant-Front Desk Receptionist July 26, 2004-September 2013 • The Medical Assistant-Front Office is responsible for supporting efficient patient flow and registration duties while performing various aspects of the front office patient visit. • Responsible for supporting and monitoring patient flow, Scrub appointments in advance to ensure necessary information is available for patient visit. Keep patients informed of wait times and ensures patient are properly flowed in system.
• Responsible for performing various aspects of patients visit during check in. Collecting accurate demographics and insurance eligibility information. Complete enrollment and necessary forms for financial programs. • Responsible for ensuring forms and insurance cards/eligibility are scanned and indexed appropriately and timely. • Generates daily banks deposit and necessary reporting to Finance department.

City of Porterville Committee Member January-2021-Present Porterville, CA
• The Community Development Block Grant (CDBG) Committee members serve in an advisory capacity to the City Council regarding program design, implementation, and assessment, to ensure that Porterville residents are given a full opportunity to participate in the CDBG Program.
• The Citizen participation plan places particular emphasis on obtaining representation of low- and moderate-income persons residing in slum and blight areas, members of minority groups, the elderly, the disabled, and residents of areas where the use of funds is proposed.
• Citizens and civic organizations are urged to make recommendations on the allocation of the City’s multi-purpose Community Development Block Grant funding, which the city receives yearly since 1981/82.

Family HealthCare Network City of Porterville Ambassador August 2017-2020 Porterville, CA
• Attend Ribbon cutting ceremonies to promote new business partners to our community. • Coordinate Business after hours and networking events. • Luncheons and dedicated events to introduce new organizations/ business to our community. • Attend monthly meetings to discuss new business coming into our community and provide ambassador’s feedback. • Attend mixers to interact with community and local business. • Engagement calls with community business partners.

Olive Elementary School Council Member-Chairperson August 2015-2020 Porterville, CA
• Preside at all meetings of the council.
• Perform all duties incident to the office of the chairperson. • Analyze and evaluate the academic achievement of all students in the school. • Participate in all local, state, and federal reviews of the school’s program for compliance and quality. • Recommend the school plan, including expenditures, timelines, and evaluation criteria, as needed.

Family HealthCare Network AmeriCorps Supervisor 2014-2016 Porterville, CA
• Supervisor/mentor for the AmeriCorps program with Family HealthCare Network. • Coordinate training and develop activities that will strengthen members' knowledge and skills because of their service in the AmeriCorps program.
• Coordinate AmeriCorps Day of Service projects and team building activities to enhance the member service experience.

Communicate organizational needs, oversee employees’ performance, provide guidance, support, identify development needs, and manage the reciprocal relationship between staff and the organization so that each is successful. • Evaluate the staff under my supervision and provide feedback and coaching as needed. All evaluation and feedback are reported to my manager.
• Ensure all goals and deadlines will be completed by all employees annually.

Porterville Rehabilitation Home CNA 2000-2004
Porterville, CA
• Delivered compassionate, knowledgeable nursing assistance to 99-bed rehabilitation facility. • Maintain patient trust, dignity, and respect while minimizing discomfort during daily health care and duties, bathing, and providing comfort to patients in every way possible. • Communicate and record condition and behavior of patients with staff. • Utilize strong clinical skills to conduct vital signs. • Collaborated with hospice houses to assist in the delivery of positive and professional patient care. • Complied with HIPAA standards in all patient documentation and interactions. • Performed daily activities in home care setting including bathing, meal preparation, and housekeeping. • Responded to and answered customer calls with product knowledge, technical expertise and professional communication.
• Maintained complete confidentiality with private client information to provide professional, secure services. • Conducted various administrative tasks with high level of organization. • Upheld company standards for communicating with customers and peers via telephone and email. • Maintained merchandising inventory organizing product on racks and shelves.

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT

Page 1 of 2 ends

Please complete all blanks.

Name: ______________________________________________________________________ (Please Print)
Appointment to: ______________________________________________________________ (Name of Board, Commission, or Committee)
□ Reappointment; or IF NEW, Please provide:

Street Address: _____________________________________________ _____________________________________________
Mailing Address: _____________________________________________ _____________________________________________
Name of Business: _________________________________________________________ □ Own □ Operate
Business Address: ____________________
_____________________________________________
Telephone: Home _______________
Work _______________
FAX _______________
E-mail __
Linda Mendez CDBG Advisory Committee Community Services & Employment Training ■
Visalia, CA 93291

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT

Page 1 of 2 ends

Please complete all blanks.

Name: ______________________________________________________________________ (Please Print)
Appointment to: ______________________________________________________________ (Name of Board, Commission, or Committee)
□ Reappointment; or IF NEW, Please provide:

Street Address: ____________________________
_____________________________________________
Mailing Address: _____________________________________________ _____________________________________________
Name of Business: _________________________________________________________ □ Own □ Operate
Business Address: _____________________________________________ _____________________________________________
Telephone: Home ____________________________________
Work ____________________________________
FAX ____________________________________
E-mail ____________________________________

ISABEL OLMOS
CDBG Advisory Committee Board 2025
@
Porterville, Ca 93257

Page 2 of 2 ends

City of Porterville Resident: Select District: Registered Voter:
□ Yes □ 1 □ 2 □ 3 □ Yes
□ No □ 4 □ 5 □ No
Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ □ Resume attached □ Letter of request attached
Submitted By: ____________________________________ ________________________ Date
Received by: ___________________________________________________________________ Forwarded to: City Clerk □ Date: __________________
City Council □ Date: __________________
Staff Liaison □ Date: __________________
Tentative Council Mtg Date: ___________________
@ @
01/01/2025

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT

Page 1 of 2 ends

Please complete all blanks.

Name: ______________________________________________________________________ (Please Print)
Appointment to: ______________________________________________________________ (Name of Board, Commission, or Committee)
Ƒ Reappointment; or IF NEW, Please provide:

Street Address: _____________________________________________ _____________________________________________
Mailing Address: _____________________________________________ _____________________________________________
Name of Business: _________________________________________________________ Ƒ2ZQ Ƒ2SHUDWH
Business Address: _____________________________________________ _____________________________________________
Telephone: Home ____________________________________
Work ____________________________________
FAX ____________________________________
E-mail ____________________________________
Jacqueline Verduzco Alanis
Community Development Block Grant (CDBG) Advisory Committee, 2025 ✔

Page 2 of 2 ends

City of Porterville Resident: Select District: Registered Voter:

Ƒ Yes Ƒ Ƒ Ƒ Ƒ Yes
Ƒ No Ƒ Ƒ Ƒ No
Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Ƒ 5HVXPHDWWDFKHG Ƒ Letter of request attached
Submitted By: ____________________________________ ________________________ Date
Received by: ___________________________________________________________________ Forwarded to: City Clerk Ƒ Date: __________________
City Council Ƒ Date: __________________
Staff Liaison Ƒ Date: __________________
Tentative Council Mtg Date: ___________________
______________________________
Item No. 15.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Police Firing Range Cooperative Agreement with Farmersville Police Department
SOURCE: Police
COMMENT: The Porterville Police Department weapons training range became operational in May 2011 for live fire training. Currently, the California Highway Patrol, Lindsay Police Department and Porterville College Police Academy are under an agreement to utilize the firing range for training and qualifications of their personnel.

The Farmersville Police Department has indicated it wishes to use the training facility and has agreed to compensation for such use. The agreed-upon compensation is $750 annually over the term of a threeyear agreement for a total of $2,250.

Staff is requesting City Council approval to enter into a new agreement with the Farmersville Police Department allowing the agency usage of the Porterville Police Department Firearms Training Facility for the term of the agreement beginning July 1, 2025 to June 30, 2028.

RECOMMENDATION: That the City Council:

1. Approve the Agreement for the period of 07/01/25,
through 06/30/28; and

2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.

ATTACHMENTS: 1. Cooperative Agreement

2. Firearms Range Rules and Regs
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Jason Ridenour, Interim City Manager
Item No. 15.

POLICE FIRING RANGE COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2025, between the CITY OF PORTERVILLE (“CITY”), and the CITY OF FARMERSVILLE (“FARMERSVILLE”), (each a “Party,” and collectively, the “Parties”), with reference to the following:

A. The Parties desire to allow the use of the CITY Police Firing Range (“Range”) by the Farmersville Police Department (“FPD”).

B. The Parties are willing to enter into this Agreement on the terms and conditions set forth below.

ACCORDINGLY, IT IS AGREED:

1. The term of this Agreement shall be for three (3) years, commencing on July 1, 2025, and ending on June 30, 2028.

2. FPD desires use of the Range approximately (6) times per agreement year.

3. The cost per agreement year shall be seven hundred and fifty dollars ($750) paid annually each year.

4. The CITY shall furnish use of the Range to the FPD including restroom facilities if available, and shall pay all taxes, insurance, maintenance fees, and all other costs required to provide use of the Range in accordance with this Agreement.

5. FPD shall have the use of on-site firearms buildings located at the Range for training programs. Any available classroom facility may be used on a case-by-case basis, without additional charge, when arranged through the Porterville Police Department (“PPD”) Range Supervisor.

6. PPD and FPD agree the Range shall be open and usable by members of FPD at such times that are mutually agreeable to both parties. Exclusive use of the facilities by FPD must be coordinated with, and scheduled by the PPD Range Supervisor.

7. Prior to exclusive use of the Range, FPD will submit their training agenda and course of fire to the PPD Range Supervisor for approval.

8. FPD agrees that its members using the Range under this Agreement shall be governed by the range safety rules established by PPD. (Firearms Range Rules and Regulations, attached.)

9. On their scheduled training days, the FPD Range Master shall contact PPD Watch Commander upon their arrival and departure from the RANGE.

10. After use of the facility, FPD agrees to ensure the Range is cleaned properly of all debris resulting from their use, including brass. Brass will be left in containers (containing only brass) at the Range for disposal by PPD.

11. Notwithstanding Section 16 herein, both the PPD and FPD reserve the right to cancel this Agreement with thirty (30) days advance written notice to the other, for any (or no) reason. The cost shall be prorated to account for the period the contract was in effect.

12. The amount to be paid by FARMERSVILLE will be due and payable as follows: FARMERSVILLE shall pay the amount as invoiced by the CITY on an annual basis of the agreed-upon cost within thirty days of receiving said invoice(s).

13. Indemnity/Hold Harmless Agreement: FARMERSVILLE shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnities”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of FARMERSVILLE’s performance of its obligations under this agreement or out of the operations conducted by FARMERSVILLE, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceeding arising from FARMERSVILLE’s performance of this agreement, FARMERSVILLE shall provide a defense to the City indemnities, or at the City’s option, reimburse the City indemnities their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

14. General Liability Insurance: FARMERSVILLE shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence. FARMERSVILLE’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insured’s under such policies. a. Nothing in this section concerning minimum insurance requirements shall reduce a party's liabilities or obligations under the indemnification provisions of this Agreement.

15. Except as otherwise required by law, any notice to be given shall be in writing and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:

CITY OF PORTERVILLE:

City Clerk of the City of Porterville
291 N. Main Street
Porterville, CA 93257
Phone: 559-782-7447
Fax: 559-782-7452
CITY OF FARMERSVILLE:

City Clerk of the City of Farmersville
909 W Visalia Road
Farmersville, CA 93223
Phone: 559-747-0321
Notice personally delivered is effective when delivered. Notice sent by Electronic transmission shall be deemed received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph.

16. No part of this Agreement may be assigned by any of the Parties without the prior written consent of the other Party(ies).

17. Termination.
a. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.
1) This Agreement may be terminated by any Party should another Party:
a) be adjudged bankrupt;
b) become insolvent or have a receiver appointed;
c) make a general assignment for the benefit of creditors; d) suffer any judgment which remains unsatisfied for 30 days and which would substantively impair the ability
of the judgment debtor to perform under this
Agreement; or
e) materially breach this Agreement.
2) For any occurrences except item e), termination may be effected upon written notice by the terminating Party
specifying the date of termination.
3) Upon a material breach, the Agreement may be terminated following the failure of the defaulting Party to remedy the breach to the satisfaction of the non-defaulting Party(ies) within five (5) days of written notice specifying the breach. If the breach is not remedied within the five (5) day period, the non-defaulting Party may terminate the Agreement on further written notice specifying the date of termination.
4) If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting parties consent to that proposal in writing, which consent shall not be
unreasonably withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting Party(ies) may terminate upon written notice specifying the date of termination. b. Effects of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pretermination contract activities.

18. This Agreement represents the entire Agreement between the Parties as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of all Parties.

19. This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.

20. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

21. The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.

22. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party.

23. Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.

24. It is expected that this agreement will continue into coming years. In June of year of the agreement, the Porterville Chief of Police and the Farmersville Police Chief, or their designees, shall convene a meeting to discuss the agreement. If the agreement is continued, the Porterville Chief of Police shall provide the new cost (if applicable), and the new agreement will indicate the amount of funding each party shall be responsible for.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE:
________________________________________ _____________________ Jake Castellow, Chief of Police Date
CITY OF FARMERSVILLE:
________________________________________ _____________________ Jay Brock, Chief of Police Date

FIREARMS RANGE RULES AND

REGULATIONS
The following safety regulations are designed to ensure the safety of all personnel in this department, as well as any other department, using the firearms training facility. The rules will be posted in a conspicuous location and shall be strictly enforced. The Range Master is responsible for the safe operation of the facility and he/she may take appropriate and necessary action to safeguard all persons using the facility or to ensure public safety. Failure to obey any of these regulations may result in disciplinary action and/or being ordered to leave the firearms facility by the Range Master or designated firearms instructor. The Range Master will take immediate action to address rules violations and, at his/her discretion, depending on the seriousness of the violation, report the violation to the Training Unit Supervisor.

These rules apply to the Porterville Police Department personnel, as well as any other person or agency using the firearms range facility.

1. No personnel will enter the Range Master’s office without prior approval of the Range Master or firearms instructor.

2. Only authorized personnel will enter the storage area (seatrain).

3. No alcoholic beverages are permitted at the firearms training facility.

4. All firearms at the firearms training facility are subject to a safety inspection by the Range Master or firearms instructor at any time.

5. Only approved ammunition will be used at the firearms training facility. All ammunition is subject to inspection by the Range Master or firearms instructor at any time.

6. The loading and unloading of firearms will take place only in designated areas of the firearms facility.

7. All range activities will be coordinated through the Training Unit Supervisor or, if designated by the Training Unit Supervisor, the Range Master.

8. All injuries will be promptly reported to the Range Master or firearms instructor.

9. Shooting will only be at targets approved by the Range Master or firearms instructor.

10. When on the firing line, unholstered firearms shall be pointed downrange at all times.

11. Ear and eye protection are required at all times by all persons while on the range when any person is actively engaged in discharging a firearm.

12. During range qualification or firearms training, firing will only commence on the command of the Range Master or firearms instructor.

13. All firing will stop immediately if the Range Master or firearms instructor determines there is a safely issue. This will be done by yelling, “Cease fire!”

14. Firearms will not be left unattended, except unloaded firearms in designated areas.

15. Horseplay or unsafe handling of firearms will not be tolerated.

16. Persons not abiding by all of the above rules will leave the firearms training facility upon the request of the Range Master or firearms instructor.

Item No. 16.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Status Report - Developer Impact Fees
SOURCE: Finance
COMMENT: Pursuant to Government Code Section 66006(b)(1), a detailed fund analysis of the capital improvement funds containing developer impact fees has been prepared. A copy of this analysis has been delivered to the Building Industry Association of Tulare/Kings Counties, Inc. (BIA), per its request.

The format and content of this analysis have been developed around criteria previously approved by the BIA
RECOMMENDATION: That the City Council accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2024.

ATTACHMENTS: 1. 2023-2024 Developer Impact Fees Summary Report Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager

CITY OF PORTERVILLE

DEVELOPER IMPACT FEE SUMMARY
2023/24

BEGINNING ENDING

BALANCES ELIGIBLE BALANCES
AS OF FEES INTEREST D.I.F. AS OF
JULY 1, 2023 COLLECTED EARNED EXPENDITURES JUNE 30, 2024 WATER ACREAGE FEE $ (21,165,670) $ 220,530 $ 238,440 $ (14,685) $ (20,721,385) SEWER ACREAGE FEE $ (2,675,703) $ 123,249 $ 136,794 $ (39,962) $ (2,455,621) STORM DRAIN FEE $ 2,770,780 $ 224,651 $ 143,103 $ (6,989) $ 3,131,544 TRANSPORTATION IMPACT FEE $ 2,256,279 $ 254,458 $ 117,608 $ (150,000) $ 2,478,345

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2023/24
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Water Projects
Tule River porter slough clearing $ 30,333.34 0% $ 0.00 Master plan update 13,993.87 100% 13,993.87
South recharge basin 1,561.59 0% 0.00
DR#23 dual recharge basin 138,269.54 0% 0.00
North recharge basin 368,469.03 0% 0.00
Well #37 - Summit Estates 2,276.04 0% 0.00
Rehabilitate wells 3,296.67 0% 0.00
SGMA compliance 204,664.02 0% 0.00
Well #34 - Akin &Central Mutual water system 528,300.73 0% 0.00 Auto radio read 645,602.80 0% 0.00
Master plan payback 691.59 100% 691.59
Villa St - Olive to Henderson water/storm line 28,659.58 0% 0.00 WATER TOTAL $ 1,966,118.80 $ 14,685.46
Sewer Projects
MS4 permit $ 26,498.00 100% $ 26,498.00
Master plan payback 1,121.12 100% 1,121.12
Biosolids management plan (pre application) 4,117.30 0% 0.00 Ras/Was pump replacement 46,037.05 0% 0.00
Sewer master plan update 9,364.74 100% 9,364.74
Effluent pump maintenance 23,534.94 0% 0.00
Tertiary treatment plant (tank siting) 2,978.13 100% 2,978.13 Sewer annexation - area 457 0.00 0% 0.00
Sewer annexation - area 474 133,793.05 0% 0.00
Sewer annexation - area 475 124,374.88 0% 0.00
Sewer annexation - area 476 17,843.45 0% 0.00
Sewer annexation - area 478 0.00 0% 0.00
Sewer annexation - area 479 133,127.49 0% 0.00
Safe drinking water supply deliveries 1,664.29 0% 0.00
Screwpress repairs 1,472.85 0% 0.00
SEWER TOTAL $ 525,927.29 $ 39,961.99
Storm Drain Projects
Master plan update $ 4,789.08 100% $ 4,789.08
Flood management ordinance update 2,199.50 100% 2,199.50 Thurman/3rd St storm drain 1,088,011.32 0% 0.00
STORM DRAIN TOTAL $ 1,094,999.90 $ 6,988.58
Transportation Projects
Debt service - 2021 Refinancing Project $ 150,000.00 100% $ 150,000.00 TRANSPORTATION TOTAL $ 150,000.00 $ 150,000.00
Park Projects
Debt service - sports complex $ 29,598.62 100% $ 29,598.62 Sports complex parking lease 7,069.54 100% 7,069.54
PARK TOTAL $ 36,668.16 $ 36,668.16

CITY OF PORTERVILLE

DEVELOPER FEE RATE STRUCTURE
2023/24
Hillside Single Multiple Mobile Commercial /
Development Family Duplex Family Homes Institutional Professional Industrial Water Acreage Fee / Acre $ 2,103 $ 4,385 $ 10,977 $ 25,628 $ - $ 2,862 $ 3,296 $ 25,312 Sewer Acreage Fee / Acre $ 1,429 $ 2,680 $ 6,224 $ 14,520 $ - $ 1,009 $ 3,784 $ 16,154 Storm Drain Fee / Acre $ - $ 7,223 $ 9,635 $ 14,456 $ - $ 19,266 $ 19,266 $ 19,266 Transportation Fee / Unit $ - $ 1,446 $ 977 $ 977 $ - $ 3,977 $ 7,564 $ 1,128 Park Impact Fee / Unit $ - $ 960 $ 745 $ 745 $ 538 $ - $ - $ - Item No. 17.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of Community Civic Event - Porterville Kiwanis - Valentine's Vendor Market - February 9, 2025
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold a Valentine's Vendor Market on Sunday, February 9, 2025, from 10:00 AM to 5:00 PM at Veterans Park. This event is a club fundraiser and would include local food vendors/trucks, nonprofits, and craft vendors. An outside amplifier permit has been approved from 10:00 AM to 5:00 PM.

This request is made under the Community Civic Events Ordinance No. 1326 as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved.

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

RECOMMENDATION: That City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the
Valentine's Vendor Market on February 9, 2025, subject to the requirements and restrictions contained in the
Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 18.

CITY COUNCIL AGENDA – JANUARY 21, 2025
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 17, 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. 18.
(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. 18.
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. 18.
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. 18.

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. 18.

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 Summary Table
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Secretary of State

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

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

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.) Temporary Evacuation Point and Shelter Census Summary
2023 2024 2025
January - 32.55 49.36February - 36.59 -March - 39.00 -April - 33.03 -May 12.85 31.97 -June 22.80 31.20 -July 25.97 27.48 -August 22.68 22.48 -September 21.70 29.53 -October 21.03 28.00 -November 25.53 41.97 -December 27.77 47.06 - Daily Average by Month (Adults Only)
05 10152025303540455055
January February March April May June July August September October November December Daily Average by Month (Adults Only)
2023 2024 2025
Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023   12   0   1
Saturday, May 6, 2023   10   0   0
Sunday, May 7, 2023   10   0   0
Monday, May 8, 2023   15   0   1
Tuesday, May 9, 2023   12   0   0
Wednesday, May 10, 2023   8   0   0
Thursday, May 11, 2023   9   0   0
Friday, May 12, 2023   9   0   0
Saturday, May 13, 2023   7   0   0
Sunday, May 14, 2023   6   0   0
Monday, May 15, 2023   13   0   0
Tuesday, May 16, 2023   11   3   4
Wednesday, May 17, 2023   11   3   4
Thursday, May 18, 2023   16   3   4
Friday, May 19, 2023   11   0   3
Saturday, May 20, 2023   14   0   5
Sunday, May 21, 2023   12   0   4
Monday, May 22, 2023   14   0   3
Tuesday, May 23, 2023   14   5   3
Wednesday, May 24, 2023   16   3   3
Thursday, May 25, 2023   13   1   6
Friday, May 26, 2023   18   4   3
Saturday, May 27, 2023   16   5   5
Sunday, May 28, 2023   16   1   3
Monday, May 29, 2023   18   1   3
Tuesday, May 30, 2023   19
1  6
Wednesday, May 31, 2023   17  1  3
Thursday, June 1, 2023   19  1  7
Friday, June 2, 2023   17  1  7
Saturday, June 3, 2023   16  1  4
Sunday, June 4, 2023   20  1  8
Monday, June 5, 2023   20  1  6
Tuesday, June 6, 2023   22
1   10
Wednesday, June 7, 2023   23  1  9
Thursday, June 8, 2023   22  1  7
Friday, June 9, 2023   22  1   10
Saturday, June 10, 2023   15  1  6
Sunday, June 11, 2023   26  1  9
Monday, June 12, 2023   18  1  7
Tuesday, June 13, 2023   24
1  4
Wednesday, June 14, 2023   21  1  7
Thursday, June 15, 2023    20  1  4
Friday, June 16, 2023   28  1  6
Saturday, June 17, 2023   20  1  7
Sunday, June 18, 2023   24  1  4
Monday, June 19, 2023   21  0  8
Tuesday, June 20, 2023   28
0  6
Wednesday, June 21, 2023   28  0  4
Thursday, June 22, 2023    22  0  4
Friday, June 23, 2023   27  0  4
Saturday, June 24, 2023   26  0  4
Sunday, June 25, 2023   24  0  3
Monday, June 26, 2023   23  0  4
Tuesday, June 27, 2023   30  0
5 Wednesday, June 28, 2023   26
0  6
Thursday, June 29, 2023    27  0  5
Friday, June 30, 2023   25  0  5
Saturday, July 1, 2023   27  0  9
Sunday, July 2, 2023   25  3  3
Monday, July 3, 2023   24  3  3
Tuesday, July 4, 2023   20  3  4
Wednesday, July 5, 2023   28
2  6
Thursday, July 6, 2023   28  2  5
Friday, July 7, 2023   27  2  6
Saturday, July 8, 2023   28  2  5
Sunday, July 9, 2023   36  2  3
Monday, July 10, 2023   28  2  3
Tuesday, July 11, 2023   34  2  4
Wednesday, July 12, 2023   35
2  2
Thursday, July 13, 2023   47  2  7
Friday, July 14, 2023   27  2  0
Saturday, July 15, 2023   24  2  2
Sunday, July 16, 2023   24  2  3
Monday, July 17, 2023   26  2  1
Tuesday, July 18, 2023   26  2  2
Wednesday, July 19, 2023   21
2  1
Thursday, July 20, 2023   21  2  1
Friday, July 21, 2023   22  0  0
Saturday, July 22, 2023   22  0  0
Sunday, July 23, 2023   22  0  0
Monday, July 24, 2023   21  0  0
Tuesday, July 25, 2023   22  0  0
Wednesday, July 26, 2023   20  0
0 Thursday, July 27, 2023   27
0  0
Friday, July 28, 2023   25  0  0
Saturday, July 29, 2023   22  0  0
Sunday, July 30, 2023   22  0  0
Monday, July 31, 2023   24  0  0
Tuesday, August 1, 2023    21  0  0
Wednesday, August 2, 2023   19  0  0
Thursday, August 3, 2023   20
0  0
Friday, August 4, 2023   19  0  0
Saturday, August 5, 2023   26  0  0
Sunday, August 6, 2023   22  0  0
Monday, August 7, 2023    20  0  0
Tuesday, August 8, 2023    25  0  3
Wednesday, August 9, 2023   23  0  3
Thursday, August 10, 2023   20
0  3
Friday, August 11, 2023   23  0  5
Saturday, August 12, 2023   22  0  5
Sunday, August 13, 2023   29  0  6
Monday, August 14, 2023   25  0  5
Tuesday, August 15, 2023   21  0  5
Wednesday, August 16, 2023   23  0  6
Thursday, August 17, 2023   23
0  5
Friday, August 18, 2023   22  0  5
Saturday, August 19, 2023   23  0  5
Sunday, August 20, 2023   21  0  4
Monday, August 21, 2023   25  0  5
Tuesday, August 22, 2023   22  0  5
Wednesday, August 23, 2023   27  0  5
Thursday, August 24, 2023   22  0
5 Friday, August 25, 2023   25   0   5
Saturday, August 26, 2023   23   0   4
Sunday, August 27, 2023   25   0   5
Monday, August 28, 2023   23   1   5
Tuesday, August 29, 2023   24   1   6
Wednesday, August 30, 2023   22   2   6
Thursday, August 31, 2023   18   2   5
Friday, September 1, 2023   17   2   5
Saturday, September 2, 2023   20   2   5
Sunday, September 3, 2023   20   2   5
Monday, September 4, 2023   21   2   5
Tuesday, September 5, 2023   22   2   5
Wednesday, September 6, 2023   15   2   3
Thursday, September 7, 2023   16   2   4
Friday, September 8, 2023   18   2   4
Saturday, September 9, 2023   19   2   4
Sunday, September 10, 2023   20   2   5
Monday, September 11, 2023   20   2   5
Tuesday, September 12, 2023   24   2   5
Wednesday, September 13, 2023   24   2   5
Thursday, September 14, 2023   21   2   5
Friday, September 15, 2023   26   2   5
Saturday, September 16, 2023   28   2   5
Sunday, September 17, 2023   26   2   5
Monday, September 18, 2023   22   2   5
Tuesday, September 19, 2023   24   2   5
Wednesday, September 20, 2023   26   2   5
Thursday, September 21, 2023   30   2   5
Friday, September 22, 2023   23   2   5
Saturday, September 23, 2023   20   2   5
Sunday, September 24, 2023   26   2   5
Monday, September 25, 2023   20   2   4
Tuesday, September 26, 2023   20   2   4
Wednesday, September 27, 2023   24   2   4
Thursday, September 28, 2023   22   2   4
Friday, September 29, 2023   17   2   4
Saturday, September 30, 2023   20   2   4
Sunday, October 1, 2023   23   2   4
Monday, October 2, 2023   20   2   4
Tuesday, October 3, 2023   18   2   4
Wednesday, October 4, 2023   22   2   4
Thursday, October 5, 2023   24   2   7
Friday, October 6, 2023   21   2   5
Saturday, October 7, 2023   18   2   5
Sunday, October 8, 2023   19   2   5
Monday, October 9, 2023   20   2   5
Tuesday, October 10, 2023   19   2   5
Wednesday, October 11, 2023   22   2   5
Thursday, October 12, 2023   27   2   5
Friday, October 13, 2023   21   2   5
Saturday, October 14, 2023   21   2   5
Sunday, October 15, 2023   19   2   5
Monday, October 16, 2023   24   2   5
Tuesday, October 17, 2023   22   2   5
Wednesday, October 18, 2023   22   2   5
Thursday, October 19, 2023   30   2   5
Friday, October 20, 2023   17   2   5
Saturday, October 21, 2023   15   2   5
Sunday, October 22, 2023   22   2   5
Monday, October 23, 2023   22   2   5
Tuesday, October 24, 2023   20   2   5
Wednesday, October 25, 2023   19   2   5
Thursday, October 26, 2023   21   1   5
Friday, October 27, 2023   21   1   3
Saturday, October 28, 2023   21   1   3
Sunday, October 29, 2023   18   1   3
Monday, October 30, 2023   24   1   3
Tuesday, October 31, 2023   20   1   3
Wednesday, November 1, 2023   25   1   3
Thursday, November 2, 2023   24   1   3
Friday, November 3, 2023   22   1   3
Saturday, November 4, 2023   22   1   3
Sunday, November 5, 2023   19   1   3
Monday, November 6, 2023   23   1   3
Tuesday, November 7, 2023   27   1   3
Wednesday, November 8, 2023   22   1   3
Thursday, November 9, 2023   22   1   3
Friday, November 10, 2023   23   1   3
Saturday, November 11, 2023   21   1   3
Sunday, November 12, 2023   24   1   3
Monday, November 13, 2023   27   1   3
Tuesday, November 14, 2023   24   1   3
Wednesday, November 15, 2023   29   1   3
Thursday, November 16, 2023   29   0   3
Friday, November 17, 2023   25   0   3
Saturday, November 18, 2023   29   0   3
Sunday, November 19, 2023   29   0   3
Monday, November 20, 2023   29   0   3
Tuesday, November 21, 2023   29   0   3
Wednesday, November 22, 2023   29   0   3
Thursday, November 23, 2023   21   0   3
Friday, November 24, 2023   29   0   3
Saturday, November 25, 2023   27   0   3
Sunday, November 26, 2023   27   0   3
Monday, November 27, 2023   26   0   3
Tuesday, November 28, 2023   27   0   3
Wednesday, November 29, 2023   29   0   3
Thursday, November 30, 2023   27   0   3
Friday, December 1, 2023   22   0   3
Saturday, December 2, 2023   25   0   3
Sunday, December 3, 2023   25   0   3
Monday, December 4, 2023   20   0   3
Tuesday, December 5 2023   25   0   3
Wednesday, December 6, 2023   30   0   3
Thursday, December 7, 2023   30   0   3
Friday, December 8, 2023   29   0   3
Saturday, December 9, 2023   25   0   3
Sunday, December 10, 2023   31   0   3
Monday, December 11, 2023   30   0   3
Tuesday, December 12, 2023   32   0   3
Wednesday, December 13, 2023   32   0   3
Thursday, December 14, 2023   35   0   3
Friday, December 15, 2023   30   0   3
Saturday, December 16, 2023   31   0   3
Sunday, December 17, 2023   29   0   3
Monday, December 18, 2023   26   0   3
Tuesday, December 19, 2023   25   1   3
Wednesday, December 20, 2023   31   0   3
Thursday, December 21, 2023   28   0   3
Friday, December 22, 2023   32   0   3
Saturday, December 23, 2023   29   0   3
Sunday, December 24, 2023   30   0   3
Monday, December 25, 2023   28   0   3
Tuesday, December 26, 2023   23   0   3
Wednesday, December 27, 2023   24   0   3
Thursday, December 28, 2023   28   0   3
Friday, December 29, 2023   23   0   3
Saturday, December 30, 2023   25   0   3
Sunday, December 31, 2023   28   0   3
Monday, January 1, 2024   24   0   3
Tuesday, January 2, 2024   24   0   3
Wednesday, January 3, 2024   29   0   3
Thursday, January 4, 2024   21   0   3
Friday, January 5, 2025   22   0   3
Saturday, January 6, 2024   32   0   3
Sunday, January 7, 2024 29   0   3
Monday, January 8, 2024   26   0   3
Tuesday, January 9, 2024   27   0   3
Wednesday, January 10, 2024   34   0   3
Thursday, January 11, 2024   33   0   3
Friday, January 12, 2025    36   0   3
Saturday, January 13, 2024   35   0   3
Sunday, January 14, 2024   34   0   3
Monday, January 15, 2024   39   0   3
Tuesday, January 16, 2024   38
0  4
Wednesday, January 17, 2024   33  0  4
Thursday, January 18, 2024   33  0  4
Friday, January 19, 2025    33  0  4
Saturday, January 20, 2024   36  0  4
Sunday, January 21, 2024   38  0  4
Monday, January 22, 2024   36  1  4
Tuesday, January 23, 2024   34
1  4
Wednesday, January 24, 2024   32  1  4
Thursday, January 25, 2024   38  1  4
Friday, January 26, 2025    35  1  4
Saturday, January 27, 2024   32  1  4
Sunday, January 28, 2024   36  1  4
Monday, January 29, 2024   34  1  4
Tuesday, January 30, 2024   40
1  5
Wednesday, January 31, 2024   36  1  5
Thursday, February 1, 2024   36  1  5
Friday, February 2, 2024    36  1  5
Saturday, February 3, 2024   27  1  5
Sunday, February 4, 2024   33  1  5
Monday, February 5, 2024   29  1  5
Tuesday, February 6, 2024   33
1  5
Wednesday, February 7, 2024   37  1  5
Thursday, February 8, 2024   34  1  5
Friday, February 9, 2024    37  0  5
Saturday, February 10, 2024   38  0  5
Sunday, February 11, 2024   39  0  5
Monday, February 12, 2024   35  0  5
Tuesday, February 13, 2024   38  0
5 Wednesday, February 14, 2024   37   0   5
Thursday, February 15, 2024   35   0   5
Friday, February 16, 2024   38   0   5
Saturday, February 17, 2024   40   0   5
Sunday, February 18, 2024   38   0   5
Monday, February 19, 2024   41   0   5
Tuesday, February 20, 2024   43   0   5
Wednesday, February 21, 2024   36   0   5
Thursday, February 22, 2024   39   0   5
Friday, February 23, 2024   36   0   5
Saturday, February 24, 2024   36   0   5
Sunday, February 25, 2024   38   0   5
Monday, February 26, 2024   37   0   5
Tuesday, February 27, 2024   41   0   5
Wednesday, February 28, 2024   41   0   9
Thursday, February 29, 2024   33   0   9
Friday, March 1, 2024   34   0   9
Saturday, March 2, 2024   33   0   9
Sunday, March 3, 2024   33   0   9
Monday, March 4, 2024   35   0   9
Tuesday, March 5, 2024   38   0   9
Wednesday, March 6, 2024   35   0   9
Thursday, March 7, 2024   36   0   9
Friday, March 8, 2024   37   0   9
Saturday, March 9, 2024   37   0   9
Sunday, March 10, 2024 41   0   9
Monday, March 11, 2024   41   0   9
Tuesday, March 12, 2024   42   0   9
Wednesday, March 13, 2024   40   0   9
Thursday, March 14, 2024   40
0  9
Friday, March 15, 2024   42  0  9
Saturday, March 16, 2024   39  0  9
Sunday, March 17, 2024 39  0  9
Monday, March 18, 2024   40  0  9
Tuesday, March 19, 2024   42  0  9
Wednesday, March 20, 2024   38  0  9
Thursday, March 21, 2024   35
0  9
Friday, March 22, 2024   37  0  9
Saturday, March 23, 2024   42  0  9
Sunday, March 24, 2024 42  0  9
Monday, March 25, 2024   41  0  9
Tuesday, March 26, 2024   41  0  9
Wednesday, March 27, 2024   44  0  9
Thursday, March 28, 2024   40
0  9
Friday, March 29, 2024   45  0  9
Saturday, March 30, 2024   46  0  9
Sunday, March 31, 2024 34  0  9
Monday, April 1, 2024   46  0  9
Tuesday, April2 2024   34  0  9
Wednesday, April 3, 2024   38  0  9
Thursday, April 4, 2024   38
0  9
Friday, April 5, 2024   31  0  9
Saturday, April 6, 2024   28  0  9
Sunday, April 7, 2024   33  0  9
Monday, April 8, 2024   38  0  9
Tuesday, April 9, 2024   41  0  9
Wednesday, April 10, 2024   39  0  9
Thursday, April 11, 2024    34  0
9 Friday, April 12, 2024   33
0  9
Saturday, April 13, 2024   38  0  9
Sunday, April 14, 2024   36  0  9
Monday, April 15, 2024   31  0  9
Tuesday, April 16, 2024   34  0  9
Wednesday, April 17, 2024   34  0  9
Thursday, April 18, 2024    33  0  9
Friday, April 19, 2024   29
0  9
Saturday, April 20, 2024   28  0  9
Sunday, April 21, 2024   29  0  9
Monday, April 22, 2024   28  0  9
Tuesday, April 23, 2024   28  0  9
Wednesday, April 24, 2024   28  0  9
Thursday, April 25, 2024    29  0  9
Friday, April 26, 2024   32
0  9
Saturday, April 27, 2024   30  0  9
Sunday, April 28, 2024   34  0  9
Monday, April 29, 2024   29  0  9
Tuesday, April 30, 2024   28  0  8
Wednesday, May 1, 2024   27  0  9
Thursday, May 2, 2024   26  0  9
Friday, May 3, 2024   29
0  9
Saturday, May 4, 2024   29  0  9
Sunday, May 5, 2024   34  0  9
Monday, May 6, 2024   30  0  9
Tuesday, May 7, 2024   30  0  9
Wednesday, May 8, 2024   30  0  9
Thursday, May 9, 2024   35  0  9
Friday, May 10, 2024   32  0
9 Saturday, May 11, 2024   30
0  9
Sunday, May 12, 2024   30  0  9
Monday, May 13, 2024   32  0  9
Tuesday, May 14, 2024   32  0  9
Wednesday, May 15, 2024   32  0  9
Thursday, May 16, 2024   33  0  9
Friday, May 17, 2024   36  0  9
Saturday, May 18, 2024   33
0  9
Sunday, May 19, 2024   38  0  9
Monday, May 20, 2024   34  0  8
Tuesday, May 21, 2024   30  0  9
Wednesday, May 22, 2024   30  0  9
Thursday, May 23, 2024   29  0  7
Friday, May 24, 2024   34  0  8
Saturday, May 25, 2024   35
0  9
Sunday, May 26, 2024   38  1  9
Monday, May 27, 2024   36  0  9
Tuesday, May 28, 2024   35  0  8
Wednesday, May 29, 2024   32  0  7
Thursday, May 30, 2024   31  0  7
Friday, May 31, 2024   29  0  8
Saturday, June 1, 2024   30
0  9
Sunday, June 2, 2024   34  0   10
Monday, June 3, 2024   33  0  9
Tuesday, June 4, 2024   27  0  8
Wednesday, June 5, 2024   32  0  9
Thursday, June 6, 2024   31  0  9
Friday, June 7, 2024   30  0  8
Saturday, June 8, 2024   33  0
9 Sunday, June 9, 2024   36
0  9
Monday, June 10, 2024   35  0  9
Tuesday, June 11, 2024   34  0  8
Wednesday, June 12, 2024   25  0  8
Thursday, June 13, 2024    30  0   10
Friday, June 14, 2024   39  0   10
Saturday, June 15, 2024   34  0  8
Sunday, June 16, 2024   34
0  8
Monday, June 17, 2024   32  0  9
Tuesday, June 18, 2024   34  0   10
Wednesday, June 19, 2024   33  0  9
Thursday, June 20, 2024    33  0   11
Friday, June 21, 2024   30  0  9
Saturday, June 22, 2024   27  0  8
Sunday, June 23, 2024   33
0   10
Monday, June 24, 2024   16  0  7
Tuesday, June 25, 2024   20  0  7
Wednesday, June 26, 2024   30  0  9
Thursday, June 27, 2024    30  0  9
Friday, June 28, 2024   33  0   10
Saturday, June 29, 2024   34  0   10
Sunday, June 30, 2024   34
0   10
Monday, July 1, 2024   30  0   10
Tuesday, July 2, 2024   35  0   11
Wednesday, July 3, 2024   27  0  9
Thursday, July 4, 2024   27  0  9
Friday, July 5, 2024   30  0  9
Saturday, July 6, 2024   29  0  9
Sunday, July 7, 2024   32  0   10
Monday, July 8, 2024   36
0   11
Tuesday, July 9, 2024   34  0   10
Wednesday, July 10, 2024   35  0  9
Thursday, July 11, 2024   35  0  9
Friday, July 12, 2024   26  0  8
Saturday, July 13, 2024   31  0  9
Sunday, July 14, 2024   35  0   10
Monday, July 15, 2024   36
0   11
Tuesday, July 16, 2024   33  0   10
Wednesday, July 17, 2024   29  0  9
Thursday, July 18, 2024   19  0  7
Friday, July 19, 2024   20  0  7
Saturday, July 20, 2024   22  0  8
Sunday, July 21, 2024   22  0  8
Monday, July 22, 2024   24
0  8
Tuesday, July 23, 2024   26  0  8
Wednesday, July 24, 2024   23  0  7
Thursday, July 25, 2024   24  0  8
Friday, July 26, 2024   22  0  7
Saturday, July 27, 2024   22  0  7
Sunday, July 28, 2024   23  0  7
Monday, July 29, 2024   23
0  7
Tuesday, July 30, 2024   21  0  7
Wednesday, July 31, 2024   21  0  7
Thursday, August 1, 2024   20  0  7
Friday, August 2, 2024   22  0  7
Saturday, August 3, 2024   18  0  7
Sunday, August 4, 2024   21  0  7
Monday, August 5, 2024   20  0
7 Tuesday, August 6, 2024    22
0  5
Wednesday, August 7, 2024   25  0  6
Thursday, August 8, 2024   25  0  8
Friday, August 9, 2024   20  0  4
Saturday, August 10, 2024   16  0  4
Sunday, August 11, 2024   23  0  5
Monday, August 12, 2024   31  0  7
Tuesday, August 13, 2024   23
0  5
Wednesday, August 14, 2024   24  0  4
Thursday, August 15, 2024   20  0  3
Friday, August 16, 2024   18  0  3
Saturday, August 17, 2024   23  0  4
Sunday, August 18, 2024   23  0  3
Monday, August 19, 2024   21  0  4
Tuesday, August 20, 2024   24
0  3
Wednesday, August 21, 2024   23  0  3
Thursday, August 22, 2024   24  0  3
Friday, August 23, 2024   29  0  3
Saturday, August 24, 2024   18  0  2
Sunday, August 25, 2024   30  0  3
Monday, August 26, 2024   16  0  2
Tuesday, August 27, 2024   21
0  3
Wednesday, August 28, 2024   23  0  2
Thursday, August 29, 2024   24  0  3
Friday, August 30, 2024   23  0  3
Saturday, August 31, 2024   27  0  2
Sunday, September 1, 2024   27  0  3
Monday, September 2, 2024   27  0  2
Tuesday, September 3, 2024   21  0
3 Wednesday, September 4, 2024   22   0   3
Thursday, September 5, 2024   27   0   3
Friday, September 6, 2024   33   0   4
Saturday, September 7, 2024   37   0   4
Sunday, September 8, 2024   28   0   3
Monday, September 9, 2024   32   0   4
Tuesday, September 10, 2024   33   0   3
Wednesday, September 11, 2024 22   0   3
Thursday, September 12, 2024   27   0   3
Friday, September 13, 2024   37   0   4
Saturday, September 14, 2024   33   0   4
Sunday, September 15, 2024   38   0   4
Monday, September 16, 2024   33   0   4
Tuesday, September 17, 2024   34   0   4
Wednesday, September 18, 2024 30   0   3
Thursday, September 19, 2024   33   0   4
Friday, September 20, 2024   20   0   2
Saturday, September 21, 2024   21   0   2
Sunday, September 22, 2024   22   0   3
Monday, September 23, 2024   35   0   4
Tuesday, September 24, 2024   33   0   4
Wednesday, September 25, 2024 34   0   3
Thursday, September 26, 2024   30   0   3
Friday, September 27, 2024   27   0   3
Saturday, September 28, 2024   28   0   3
Sunday, September 29, 2024   29   0   3
Monday, September 30, 2024   33   0   3
Tuesday, October 1, 2024   31   0   3
Wednesday, October 2, 2024   40   0   4
Thursday, October 3, 2024   31   0   3
Friday, October 4, 2024   31   0   3
Saturday, October 5, 2024   30   0   3
Sunday, October 6, 2024   27   0   3
Monday, October 7, 2024   25   0   2
Tuesday, October 8, 2024   28   0   2
Wednesday, October 9, 2024   26   0   2
Thursday, October 10, 2024   30   0   2
Friday, October 11, 2024   30   0   2
Saturday, October 12, 2024   32   0   3
Sunday, October 13, 2024   27   0   2
Monday, October 14, 2024   27   0   2
Tuesday, October 15, 2024   20   3   2
Wednesday, October 16, 2024   29   0   2
Thursday, October 17, 2024   26   0   2
Friday, October 18, 2024   28   0   2
Saturday, October 19, 2024   27   0   2
Sunday, October 20, 2024   27   0   2
Monday, October 21, 2024   28   0   2
Tuesday, October 22, 2024   28   0   2
Wednesday, October 23, 2024   23   0   2
Thursday, October 24, 2024   29   0   2
Friday, October 25, 2024   31   0   2
Saturday, October 26, 2024   30   0   2
Sunday, October 27, 2024   23   0   2
Monday, October 28, 2024   26   0   2
Tuesday, October 29, 2024   27   0   2
Wednesday, October 30, 2024   27   0   2
Thursday, October 31, 2024   24   0   2
Friday, November 1, 2024   30   0   3
Saturday, November 2, 2024   24   0   2
Sunday, November 3, 2024   34   0   3
Monday, November 4, 2024   30   0   2
Tuesday, November 5, 2024   30   0   2
Wednesday, November 6, 2024   32   0   2
Thursday, November 7, 2024   34   0   3
Friday, November 8, 2024   30   0   2
Saturday, November 9, 2024   32   0   3
Sunday, November 10, 2024   36   0   3
Monday, November 11, 2024   42   0   3
Tuesday, November 12, 2024   48   0   3
Wednesday, November 13, 2024 41   0   2
Thursday, November 14, 2024   45   0   3
Friday, November 15, 2024   45   0   3
Saturday, November 16, 2024   49   0   3
Sunday, November 17, 2024   49   0   3
Monday, November 18, 2024   49   0   3
Tuesday, November 19, 2024   51   0   5
Wednesday, November 20, 2024 46   0   4
Thursday, November 21, 2024   46   0   3
Friday, November 22, 2024   57   0   6
Saturday, November 23, 2024   48   0   5
Sunday, November 24, 2024   45   0   5
Monday, November 25, 2024   42   0   4
Tuesday, November 26, 2024   51   0   5
Wednesday, November 27, 2024 43   0   4
Thursday, November 28, 2024   50   0   5
Friday, November 29, 2024   49   0   5
Saturday, November 30, 2024   51   0   5
Sunday, December 1, 2024   56   0   6
Monday, December 2, 2024   45   0   4
Tuesday, December 3, 2024   53   0   6
Wednesday, December 4, 2024   47   0   4
Thursday, December 5, 2024   58   0   6
Friday, December 6, 2024   36   0   4
Saturday, December 7, 2024   53   0   5
Sunday, December 8, 2024   47   0   4
Monday, December 9, 2024   47   0   4
Tuesday, December 10, 2024   45   0   4
Wednesday, December 11, 2024 44   0   4
Thursday, December 12, 2024   44   0   4
Friday, December 13, 2024   52   0   5
Saturday, December 14, 2024   39   0   4
Sunday, December 15, 2024   44   0   4
Monday, December 16, 2024   51   0   5
Tuesday, December 17, 2024   50   0   4
Wednesday, December 18, 2024 53   0   5
Thursday, December 19, 2024   46   0   4
Friday, December 20, 2024   45   0   5
Saturday, December 21, 2024   43   0   4
Sunday, December 22, 2024   42   0   4
Monday, December 23, 2024   41   0   4
Tuesday, December 24, 2024   44   0   4
Wednesday, December 25, 2024 40   0   4
Thursday, December 26, 2024   51   0   5
Friday, December 27, 2024   55   0   5
Saturday, December 28, 2024   47   0   4
Sunday, December 29, 2024   44   0   4
Monday, December 30, 2024   50   0   5
Tuesday, December 31, 2024   47   0   4
Wednesday, January 1, 2025   50   0   5
Thursday, January 2, 2025   45   0   4
Friday, January 3, 2025   41   0   4
Saturday, January 4, 2025   51   0   5
Sunday, January 5, 2025 42   0   4
Monday, January 6, 2025   45   0   4
Tuesday, January 7, 2025   51   0   5
Wednesday, January 8, 2025   52   0   5
Thursday, January 9, 2025   56   0   6
Friday, January 10, 2025   45   0   5
Saturday, January 11, 2025   54   0   5
Sunday, January 12, 2025   48   0   4
Monday, January 13, 2025   54   0   6
Tuesday, January 14, 2025   57   0   6

Item No. 19.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Family Healthcare Network-Annexation 490 and Conditional Use Permit (CUP)
SOURCE: Community Development
COMMENT: Family HealthCare Network (Applicant) offers medical, dental, optometry, and other specialty services from its facilities located at 1133 and 1137 W. Poplar Avenue (APN 268-060-038). The
Applicant is proposing the development of a parking lot on property located off the site of the main facility. The 0.60-acre subject site (APN 268-021-031) is located across the street on the southwest corner of SR 190 and S. Prospect Street, outside the city limits but within the Urban Development Boundary. It has a General Plan Land Use designation of Low-Density Residential and is pre-zoned as RS1 Very Low-Density Residential. To facilitate the proposed parking facility, the Applicant has requested a Conditional Use Permit along with annexation of the site.

BACKGROUND: On August 30, 2023, the Project Review Committee (PRC) met with the applicant to provide comments on the project (PRC 2023-030).

Staff outlined the overall process necessary to facilitate the new offsite parking facility for Family Healthcare to be developed at the Southwest corner of Poplar Avenue and S. Prospect Street (APN 268-021-031). The project includes an amendment to the text of the Porterville Development Ordinance (PDO), annexation, and compliance with the various departments’ development standards. A public hearing was conducted on November 5, 2024, for the first reading to text amendment in Series 200 in order to allow Parking, Public and Private as a Conditionally Permitted (“C”) in any Residential Districts with the specific limitation that the parking use is in conjunction with an existing public, institutional, or medical use and that no existing residential structure or use shall be removed or modified to accommodate the parking use. The second reading of the text amendment ordinance was conducted on November 12, 2024, and the ordinance became effective on December 12, 2024.

ANALYSIS: The Applicant wishes to connect to the City's water system in order to provide landscaping for the parking facility. Resolution No. 19- Item No. 19.
2016, adopted by the City Council on April 19, 2016, established the procedures for properties not located within the city limits to request connection to City water. The adopted policy includes the procedures for extraterritorial service agreements (ESA) and/or annexation as mechanisms to provide City water to properties outside of the city limits. Because the proposed development does not meet the standards for an ESA, annexation would be required. Consistent with the new language of Series 200, the off-site parking facility may be permitted subject to City Council approval of a conditional use permit. The facility is within the required 400-foot distance and would be developed to City standards.

ENVIRONMENTAL
REVIEW:

The Environmental Coordinator made a determination that the project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15319: Annexation of Existing Facilities and Lots for Exempt Facilities and Section 15311: Accessory Structures (small parking lots).

RECOMMENDATION: That the City Council:

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

2. Find that the proposed project is exempt from CEQA
under CEQA Guidelines Section 15311 and 15319;
and

3. Adopt the draft Resolution requesting that Tulare
LAFCo initiate proceedings for annexation; and

4. Adopt the draft resolution approving Conditional Use Permit (PRC 2023-030-C) for the establishment of
an off-site parking facility in an RS-1 Very LowDensity Residential zone district in conjunction with an existing medical facility.

ATTACHMENTS: 1. Draft Resolution Annexation

2. Draft Resolution CUP

3. Locator Map

4. Zoning Map

5. GPLU Map

6. Annexation Map

7. Resolution 19-2016
Appropriated/Funded:

Review By:

Item No. 19.

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 2 ends

RESOLUTION NO. ___-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION TAKES PROCEEDINGS FOR ANNEXATION 490
WHEREAS, the City of Porterville desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for Annexation 490; and
WHEREAS, the territory proposed to be annexed to the city totals approximately ±0.59 acres, is undeveloped land, substantially surrounded with development that includes residential to the west and south, and a private medical facility to the east. A description of the external boundary of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and
WHEREAS, the Site is currently within the unincorporated area of Tulare County, abutting the city limits of the City of Porterville, and within the City’s sphere of influence; and
WHEREAS, on January 10, 2025, a notice was published in The Porterville Recorder setting the date, time, and place of a public hearing for January 21, 2025, and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and WHEREAS, at a regular meeting on January 21, 2025, the Porterville City Council did conduct a public hearing to consider the Project; and WHEREAS, this proposal is made pursuant to Sections 56654 and 56375.3 of the California Government Code, in as much as:

1. the subject territory does not exceed 150 acres in area

2. the territory is substantially developed or developing

3. the territory is not prime agricultural land as defined by Section 56064

4. the territory will benefit from the change of organization and properties within the territory will receive benefits in the form of utilities and services from the City of Porterville; and
WHEREAS, the reason for this proposal is to efficiently provide government services in a manner consistent with the City’s Annexation and Municipal Services Objectives, Policies, and Procedures (Resolutions 74-2014, 75-2014, and 19-2016). In light of the City’s and LAFCo’s policies, any property within a qualified island is required to annex prior to provision of water; and
Resolution No. ___-2025

Page 2 of 2 ends

WHEREAS, on 01/07/2025 the Environmental Coordinator made a preliminary determination that the project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines, Guidelines Section 15319: Annexation of Existing Facilities and Lots for Exempt Facilities.

NOW, THEREFORE, BE IT RESOLVED, this Resolution Application is hereby adopted an approved by the City Council of the City of Porterville. The Local Agency Formation Commission of Tulare County is hereby requested to take proceedings for the annexation as illustrated in Exhibit A, according to the terms and conditions stated above, and in the manner provided for by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and the detachment of the same area from County Service Area #1.

PASSED, APPROVED, AND ADOPTED this 21st day of January, 2025. _______________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: _______________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Page 1 of 7 ends

RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A CONDITIONAL USE PERMIT (PRC 2023-030-C) TO AUTHORIZE THE DEVELOPMENT OF A PRIVATE

OFF-SITE PARKING IN CONJUCTION WITH AN EXISTING MEDICAL FACILITY

USE FOR FAMILY HEALTH CARE NETWORK
WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of January 21, 2025, conducted a public hearing to consider Conditional Use permit (PRC 2023-030-C) to allow for the development of a private, off-site parking in conjunction with an existing medical facility use for Family Health Care Network. The subject site is approximately 0.59 acres of undeveloped land, located at the southwest corner of Poplar Ave. and S. Prospect St (APN 268-021-031); and WHEREAS: On January 10, 2025, a notice was published in The Porterville Recorder setting the date, time, and place of a public hearing for January 21, 2025, and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and WHEREAS: At a regular meeting on January 21, 2025, the City Council of Porterville did conduct a public hearing to consider the Project; and WHEREAS: The City Council received testimony from all interested parties relative to Conditional Use Permit (PRC 2023-030-C); and
WHEREAS: On January 7, 2025, the Environmental Coordinator made a preliminary determination that the project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15311 Accessory Structures as it contemplates the construction of a parking lot as an accessory to an existing commercial facility; and
WHEREAS: The City Council made the following findings pursuant to the Porterville Development Ordinance (PDO) Section 604.04, the evidence for said findings substantiated in the record:

1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted; and

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance and with any other applicable plan adopted by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does find the project exempt from the California Environmental Quality Act under CEQA Guidelines Section 15311 Accessory Structures as it contemplates the Resolution No. _____-2025

Page 2 of 7 ends

construction of a parking lot as an accessory to an existing commercial facility and does hereby approve Conditional Use Permit (PRC 2023-030-C), subject to the following conditions:

1. The proposed project shall comply with the Porterville Municipal Code, Chapter 21 Development Ordinance and conditions from the Project Review Committee (PRC) meeting held on August 30, 2023, and as outlined in the Project Review Committee letter for PRC 2023-026.

2. The project shall comply with Porterville Development Ordinance Section 304.05:

Location of Required Parking:
a) Nonresidential Uses. Required parking spaces serving commercial, industrial, and other non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Section 304.05(b). b) Off-site Parking Facilities. A parking facility serving one (1) or more non-residential uses located on a site other than the site of one (1) or more such use(s) may be approved if the standards of this subsection are met.

1. Location: Any off-site parking facility shall be located within four hundred (400) feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

2. Parking Agreement. A written agreement between the landowner(s) and the City shall be filed, in a form satisfactory to the City Attorney, and including:
 A guarantee among the landowner(s) for access to and use of the parking facility;
 A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation; and
 Evidence that the agreement has been recorded in the County Recorder’s Office.

3. The property lines to the south and west would be required to install a six (6) foot high wall per PDO §300.10: Screening.
a) Common Property Lines. A six (6) foot high wall shall be provided on the interior lot lines where any non-residential use abuts a residential district or residential use where there is no alley. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one (1) use classification to another non-residential use classification.
b) Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.

Resolution No. _____-2025

Page 3 of 7 ends

c) Height. The six (6) foot high screening wall shall step down to three and one half (3.5) feet in height from the side property line intersecting the front property line to a depth equal to the required front or side yard setback of the abutting residential use in order to provide for a safe line of sight for vehicular traffic. Wall height may be increased in height to accommodate adequate sound attenuation as required through the findings of an acoustical analysis prepared by an acoustical professional. The design of such improvements shall be approved by the City Engineer.
d) Materials. The screening wall shall be a masonry block wall. Block walls shall match the standard colors allowed in the City’s graffiti abatement program. The City Engineer may approve new wall/fencing materials that become available in the future for use as an alternative to a masonry block wall based on its proven comparable properties for durability, sound, light, and glare attenuation.

Topography, berming and other alternative methods of mitigating the nuisance of noise and light might be considered at time of project review. e) Timing. If the residential use develops prior to the non-residential use, a six (6) foot height wood fence may be constructed. If the non-residential use or residential use develops adjacent to existing development the wall shall be constructed, with the new development. Where a six (6) foot high wood fence already exists, the masonry wall footing, when constructed, shall comply with City standards. The narrow offset portion of the masonry wall footing shall abut the existing wood fence posts, or close thereto. The gap between the fence shall be sealed with a top rail approved by the City Engineer. A condition of approval may be imposed upon the developer of the non-residential use to work with the adjacent property owner to eliminate the abutting and parallel wood fence. Said wall shall be constructed concurrently with the non-residential development. Those uses subject to a Conditional Use Permit may be evaluated to determine applicability of the wall requirement.

4. Standards. Site specific items are listed below:
a) Per PDO §304.10(b) Compact Parking: On site with at least ten (10) parking spaces, up to ten percent (10%) of the total required parking spaces may be compact spaces, provided that the following standards are met:

1. In residential parking areas, all parking spaces that are required to be covered shall be standard size; and

2. All compact spaces are to be designated with a sign or pavement marking. b) Per PDO §304.10(e) all parking stalls shall be clearly outlined with striping, and all aisles, approach lanes and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement. c) Per PDO §304.10(i)(1) Landscape Area Required. A minimum of ten percent of any parking lot area shall be landscaped. For the purpose of calculating required Resolution No. _____-2025

Page 4 of 7 ends

parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas. d) Per PDO §304.10(i)(4) Required Landscaped Islands. at least six (6) feet in all interior dimensions and containing at least one (1) fifteen (15) gallon size tree shall be provided at each end of each interior row of parking stalls and between all consecutive parking stalls and between every six parking spaces in a residential development.

5. Any landscaping is required to comply with PDO §303.05 General Landscaping Standards and with Chapter 25, Article 1, Division 6, as it relates to water conservation and landscaping irrigation. If total landscaping is less than 2,500 square feet, the applicant shall comply with Section 25-32A.23 Prescriptive Compliance, if the total landscaping is greater than 2,500 square feet the applicant shall comply with Section 25-32.A.5 Landscape Documentation Package.

6. The developer/applicant shall comply with PDO §300.07 (Lighting and Illumination).

Light fixtures shall not exceed 16 feet in height. Aisles, passageways, and pedestrian recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

Lighting devices shall be protected by weather and vandal-resistant covers. A photometric plan shall be included with the building permit submittal to determine compliance.

7. Per PDO § 300.03 Fences and freestanding walls shall not exceed three and one-half feet in front yards unless they are open lattice type that are at least fifty percent open or are hedges. In rear and side yards, no fence or freestanding wall shall exceed seven feet. Hazardous fencing material such as razor wire is prohibited.

8. All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed underground within the site.

9. Pursuant to PDO 306.08 Maintenance; sites and facilities shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

10.Pursuant to Porterville Development Ordinance Section 601.10(d) the City Council may revoke the permit if it makes any of the following findings:
 That the approval was obtained by means of fraud or misrepresentation of a material fact;
 That the use in question has ceased to exist or has been suspended for one (1) year or more;
 That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this ordinance, law or regulation; or Resolution No. _____-2025

Page 5 of 7 ends

Porterville City CouncilJanuary 21, 2025

Porterville City Council
January 21, 2025