Agenda packet — Porterville City Council, February 4, 2025 (part 1 of 2)

City Council Agenda February 4, 2025

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
FEBRUARY 4, 2025, 5:30 PM
The City of Porterville provides access to view city council meetings electronically. Please note that this service is offered as a courtesy and may not always be accessible to the public. To ensure the opportunity to participate in public comments and scheduled public hearings, individuals must attend in person.

This meeting will be available for viewing via YouTube at https://www.youtube.com/@cityofporterville4149 ,
and via Zoom using the following information:
https://us06web.zoom.us/j/84190821524?pwd=wPOyo0XwagMGwbeCfn4KtS244WAbDK.1 Or via Telephone: +1 669 900 6833 Webinar ID: 841 9082 1524 Passcode: 264527 Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.95 – Liability Claims: Claimants: Angelica Galvez, Hector Calleja Galvez, Heriverto Calleja Galvez, Jeronimo Calleja Galvez, and Raul Calleja Galvez. Agency claimed against: City of Porterville.

2 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Related to potential easement over APN: 255-240-013, near Reid Avenue and N. Main Street.

3 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three cases in which facts are not yet known to potential plaintiff.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One Case.

City Council Agenda February 4, 2025

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6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Rivas
Invocation

PRESENTATIONS
Employee of The Month - Christina Tank
Porterville Fire Department Fire Personnel Recognition

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

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

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

I. Staff Informational Reports

1. Charitable Car Washes Quarterly Report - Calendar Year 2024

2. Code Enforcement Quarterly Report

3. Building Permit Activity Quarterly Report FY 2024-2025 (October - December 2024)

4. Streets Performance Measure Quarterly Report FY 2024-2025 (October - December 2024)

5. Golf Course Quarterly Report FY 2024-2025 (October - December 2024)

6. City Commission and Committee Attendance Quarterly Report FY 2024- 2025 (October - December 2024)

7. City Council Member Appointments Attendance Quarterly Report FY 2024- 2025 (October - December 2024)

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

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

1. Authorization to Purchase Chlorine Generation Electrode Assembly Re: Consideration to authorize the purchase of a replacement Electrode Assembly from De Nora Water Technologies LLC, in an amount not to exceed $16,270 City Council Agenda February 4, 2025

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2. Authorization to Purchase Replacement Rotating Pump Assembly for Veterans Park Booster Pump Station
Re: Consideration to authorize the purchase of a replacement rotating pump assembly from Pump Tech Inc, in an amount not to exceed $27,038.

3. Authorization to Repair City Well No. 32
Re: Consideration of approval for the repair of City Well No. 32, located at 22374 Ave. 128 by Willits Pump, for an amount not to exceed $32,353.

4. Authorization for the Renewal of the OverDrive Subscription Re: Consideration to approve the annual renewal of the subscription for OverDrive for $7,000, with the condition that the annual renewal costs do not exceed a 5% increase per year.

5. Approval of License Agreement with Porterville Unified School District for Use of Vehicle Charging Stations and Bus Wash Facilities
Re: Consideration to approve a new License Agreement with Porterville Unified School District (PUSD) for the use of the City’s vehicle charging stations and bus wash facilities.

6. Authorize Draft Resolution Approving TCAG-City of Porterville SB 125 Program Supplement To Cooperative Agreement for Design of Zero-Emission Maintenance Facility
Re: Consideration to approve the draft resolution authorizing the TCAG-City of Porterville SB 125 Program Supplement to the Cooperative Agreement for the design and construction management of the Zero-Emission Maintenance Facility.

7. Authorization to Negotiate Consultant Contract - Construction Management and Inspection Services for the Community Center & Park Project Re: Consideration to authorize staff to negotiate a scope of services contract with 4Creeks, Inc. or QK, Inc. for construction management and inspection services for the Community Center and Park Project located at the southeast corner of Henderson Avenue and Fourth Street along the Santa Fe Byway Trail (formally known as Rails-to-Trails).

8. Authorization to Conduct a Public Hearing to Consider Adjustments to Lease Rates and Approval of a Draft Master Ground Lease Agreement for the Porterville Municipal Airport
Re: Consideration to schedule a Public Hearing on February 18, 2025, to receive comments on the adjustments to lease rates for properties at the Porterville Municipal Airport; and consider the approval of the draft Master Ground Lease Agreement, ensuring compliance with FAA regulations and grant assurances.

9. Second Water Service - 478 S. Doyle St
Re: Consideration to adopt the draft resolution approving the second water service connection located at 478 S. Doyle Street (APN: 264-050-002) in East Porterville, outside the city limits and within the citys' Urban Development Boundary.

10. Surplus Land and Notice of Availability for APN 260-300-034 City Council Agenda February 4, 2025

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Re: Consideration of a draft resolution declaring the approximately 4.47-acre parcel of City-owned property, APN 260-300-034, as non-exempt surplus property as defined in Government Code Section 54220 et seq.

11. Financial Status Reports
Re: Considering acceptance of the City's Financial Status Reports as presented.

12. Quarterly Investment Portfolio
Re: Consideration to accept the quarterly Investment Portfolio Summary Report.

13. Approval for Community Civic Event - Optimist Club/PUSD/BSD - Porterville Celebrates Reading – April 12, 2025
Re: Consideration to approve the Community Civic Event application submitted by Optimist Club of Porterville, Porterville Unified School District and Burton School District to hold the "Porterville Celebrates Reading" event on Saturday, April 12, 2025, from 10:00 AM to 2:00 PM,

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

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

PUBLIC HEARINGS

15. El Malecon Modifications of Conditional Use Permit (CUP) Re: A public hearing to receive public comments, and consider the adoption of a draft resolution approving Modification No. 1 to Conditional Use Permit (PRC 2018- 007-C) for a Type 47 On-Sale General alcohol license for El Malecon located at 58 E. Mill Avenue.

SCHEDULED MATTERS

16. Establishment of an Ad Hoc Heritage Committee
Re: Considering the establishment of an Ad Hoc committee to serve in an advisory capacity to the City Council.

17. Establishment of a Downtown Porterville Committee
Re: Considering the establishment of a standing committee to serve in an advisory capacity to the City Council.

18. Establishment of a Charter Review Committee
Re: Considering the establishment of a standing committee to serve in an advisory capacity to the City Council.

19. Consideration of Sponsorship of Porterville Little League Re: Consideration to approve a draft resolution authorizing an allocation of $2,500 from the City's Special Purposes Reserve Fund for FY 2024/2025 to sponsor Porterville Little League.

20. Review of Weed Abatement and Homeless Encampment Abatement Re: Council to provide direction regarding the city's Weed Abatement Program.

21. Consideration to Rebrand Transit Vehicles
City Council Agenda February 4, 2025

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Re: Council to provide direction on the rebranding of the City's transit vehicles to modernize the fleet's appearance while aligning with the City’s heritage by incorporating an American Flag theme and the City’s motto "In God We Trust."

22. Consideration to Amend FY 2024-25 Transit Division Budget and Program of Projects
Re: Consideration to approve a draft resolution adopting the amended FY 2024- 2025 Transit Division Budget and Program of Project increasing the budget from $21,546,513 to $22,345,428, which also includes adjustments to operating assistance and the design of the new bus maintenance facility.

23. Council Consideration of Approval to Enter into a Joint Powers Authority Agreement between the City of Porterville and Porterville Irrigation District Re: Consideration to approve entering into a Joint Powers Authority (JPA) Agreement between the City of Porterville and Porterville Irrigation District.

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

1. Tulare County Economic Development Corp. (TCEDC) - January 22, 2025

2. Cal Cities New Mayors and Council Members Academy - January 22 - 24, 2025

3. Tulare County Association of Governments (TCAG) - January 27, 2025

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of February 18, 2025, at 5:30 p.m.

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

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

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Charitable Car Washes Quarterly Report - Calendar Year 2024 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the calendar year. Article VI, Section 15-130 of the City Code allows up to four car washes by charitable organizations in a calendar year. For the period of January 1 to December 31, 2024, the following car washes occurred within the city.

Date Name of Organization Location of Car Wash
3/30/24 Granite Hills High School Cheerleading Granite Hills High School - 1701 E. Putnam Ave.
5/11/24 PHS Academy of Health & Sciences Porterville High School - 465 W. Olive Ave.
6/29/24 Victory Outreach of Porterville State Farm Insurance - 1331 W. Olive Ave.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Municipal Code Chapter 15 Article VI. Charitable Car Wash Permit Procedure
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6-21-2005) 15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005)
15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the finance department upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the finance department not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash.

The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6-21-2005) 15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the finance department or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The finance department shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and

5. The signature of the finance director or his/her designee. (Ord. 1669 § 1, 6-21-2005) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005)
15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005)
15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

2. Shall be conducted for a one day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005) 15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article. Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Code Enforcement Quarterly Report
SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between October 1, 2024, through December 31, 2024. During the 2nd quarter of fiscal year 2024/2025, each department of the City contributed towards recording 933 code enforcement issues. Of these, 744 were corrected, and 189 were continued into the 3rd quarter of 2024/2025 for additional corrective action. The Code Enforcement Division issued 22 Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers. During the past quarter, Code Enforcement received nine (9) complaints specific to recreational vehicles, boats, and trailers, of which eight (8) had been completed at the time of this report.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Code Enforcement FY 24-25 Q2
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Jason Ridenour, Interim City Manager
Code Enforcement Report, Quarter 2, FY 24-25
Q2 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 31 13 41.94% $100 42 18 0 0 $6,000 Animal Control Services 5 1 20.00% $200 1 2 0 0 $600
Animals- agricultural animals 2 1 50.00% $500 11 24 0 0 $17,500 Animals- barking dogs 25 10 40.00% $1,000 18 8 0 0 $26,000 Animals- keeping too many or unauthorized species 7 3 42.86% $2,500 25 0 0 0 $62,500 Animals- roosters 2 1 50.00% FY 24-25 Total Assesment 97 52 0 0 $112,600 Building Department/ Permits 14 2 14.29%
Business License Inquiries 2 1 50.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Business License 8 6 75.00% Collected 173 128 0 0 301 CEO, Shopping Carts 95 95 100.00% Disposed (Lbs.) 0 0 0 0 0 CEO, Sign Removal 124 124 100.00%
Code Enforcement, General 61 50 81.97% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Community Development, General or MULTIPLE violations 4 0 0.00% Voluntary Abatement 47 29 0 0 76 Engineering 4 0 0.00% Certified Voluntary Abatement 0 0 0 0 0 Fences and freestanding walls 1 0 0.00% Towed 7 0 0 0 7 Fire Hazard 1 0 0.00% Total Vehicles Abated 54 29 0 0 83 Fireworks 1 1 100.00%
Garbage Collection/Illegal Dumping 20 5 25.00%
Graffiti 22 20 90.91% Weed Abatement Q1 Q2 Q3 Q4 Total
Health Hazard 8 1 12.50% Properties Noticed 78 13 0 0 0 Homeless Encampments 128 109 85.16% Completed by Owner 53 12 0 0 65 Housing Issue (Structure Related) 6 1 16.67% Assigned to Contractor (private) 3 3 0 0 6 Itinerant Vendor, Solicitor, Peddler 9 9 100.00% Assigned to Contractor (city owned) 0 0 0 0 0 Landscaping/trees- private property 11 7 63.64% Completed by Contractor 3 4 0 0 7 Meter Request 129 119 92.25% Admin Citations 42 22 0 0 64 Neglected property/trash & debris 1 1 100.00%
Outdoor Storage 2 2 100.00%
Parking Issue 1 0 0.00%
Parks 12 4 33.33%
Police/ Traffic Enforcement 37 18 48.65%
Potholes 8 7 87.50%
Refuse Can Replacement / Repair 13 12 92.31%
Report Leak 42 40 95.24%
Sheds or second units 1 0 0.00%
Sidewalk Condition 8 2 25.00%
Signs- Maintenance Issues 1 1 100.00%
Signs- Temporary 2 0 0.00%
Stop Light Issue 10 8 80.00%
Storm Water 6 5 83.33%
Code Enforcement Report, Quarter 2, FY 24-25
Street Light Issue 1 1 100.00%
Street Sweeping 4 4 100.00%
Vehicles- inoperable vehicles 18 16 88.89%
Vehicles- Parked on lawn 5 5 100.00%
Vehicles- RVs/boats/etc 9 8 88.89%
Water Waste 12 12 100.00%
Water Waste Admin Cite 1 1 100.00%
Water Waste NOV 1 1 100.00%
Weed Abatement 13 12 92.31%
Yard Sales, Frequent 5 5 100.00%
Q2 Total 933 744 79.74%
CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Building Permit Activity Quarterly Report FY 2024-2025 (October - December 2024)
SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of October, November, and December 2024.

The two main categories include new residential permits issued and new commercial permits issued.
2nd Quarter of FY 2024/2025 compared to 2nd Quarter of FY 2023/2024
New residential permits issued during the 2nd quarter of 2024/25 (46) showed a 109% increase from the 2nd quarter of 2023/24 (22). New commercial permits issued during the 2nd quarter of 2024/25 (1) showed a 66.7% decrease from the 2nd quarter of 2023/24 (3).

Year-to-Date (July 2024 to December 2024)
New residential permits issued this fiscal year (92) are up 155.5% compared to the same period last fiscal year (36). The number of commercial permits issued this fiscal year (2) is down 50% from the same period last fiscal year (4).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - October 2024

2. Building Permit Activity - November 2024

3. Building Permit Activity - December 2024
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Streets Performance Measure Quarterly Report FY 2024-2025 (October - December 2024)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, microsurfacing, and pothole repair efforts for the second quarter of FY 2024- 2025 (October - December 2024). For the Council's information, when reviewing the report, the light blue bar represents the staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street overlay, street repairs, and pothole repair efforts during this second quarter reporting period.

The Villa Street Reconstruction Project (Olive Avenue to Henderson Avenue) is nearing completion. The Main Street Reconstruction Project, Phase 2A (Putnam Avenue to Garden Avenue), has been awarded with construction due to begin imminently. The Villa Street Reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue Rehabilitation (Westwood Street to Patsy Street), Union Avenue Reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street), and Henrahan Street (Grand Avenue to Morton Avenue) Reconstruction, Montgomery Avenue Reconstruction (Jaye Street to H Street), West Street Extension Improvements Project, and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are all under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2024-2025 Level of Service Progress Report 2nd quarter

2. 2024-2025 Level of Service Progress Report 1st
quarter
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager

CITY OF PORTERVILLE
2024/2025 Level of Service Report 2nd QUARTER REPORT - October 1, 2024 - December 31, 2024 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 24/25: 50,455 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet

CITY OF PORTERVILLE
2024/2025 Level of Service Report 1st QUARTER REPORT - July 1, 2024 - September 30, 2024 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 24/25: 0 Lineal Feet of Street Lanes

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 24/25: 10,348 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 09/30/2024
1st QUARTER REPORT - July 1, 2024 - September 30, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2024-2025\2024-2025 Level of Service Progress Report 1st quarter.xls CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Golf Course Quarterly Report FY 2024-2025 (October - December 2024) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes. The report reflects the 2nd quarter of FY 2024/25.

RECOMMENDATION: Information only
ATTACHMENTS: 1. Golf Course Quarter Two Report
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
Oct-24 Oct-23 Nov-24 Nov-23 Dec-24 Dec-23
Golfers 1830 1884 1481 2130 1402 946
Repeat 9/Twilight 635 1187 475 874 410 631
Tickets Used 918 859 747 969 710 404
Passes Sold 48 49 37 51 37 27
Carts 825 783 631 837 613 374
Total 21,929.00 $ 22,983.00 $ 17,562.00 $ 25,723.00 $ $17,332.00 $11,414.00 * Repeat 9: Additional 9 hole rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole

PORTERVILLE GOLF COURSE STATISTICS
Item No.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2024- 2025 (October - December 2024)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the second quarter FY 2024-2025 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions & Use Tax Oversight Committee
• CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission Attendance

2. Arts Commission Attendance

3. Library & Literacy Commission Attendance

4. Parks and Leisure Services Commission Attendance

5. Transactions and Use Tax Oversight Committee
Attendance

6. CDBG Advisory and Housing Opportunities
Committee Attendance
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager
Item No.

Animal Control Commission As of December 31, 2024
Attendance Records
2023 2023 2024 2024 2024 2024 2024
13-Jul 12-Oct 11-Jan 11-Apr 11-Jul 21-Oct Notes:

Kathy Guinn P A * P P A
Jerry Hall P P * P P P
Kat Harris P P * P P P
Shawn Schwartzenberger P A * P P P
Lacy Goodlett P P * A P A
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2022 2022 2022 2022 2022 2023 2023
May June July 11-Aug 13-Oct 12-Jan 13-Apr Notes:

Kathy Guinn * * * P P P P
Jerry Hall * * * A P P P
Art Duron * * * P
Kat Harris * * * P P P P
Shawn Schwartzenberger * * P A P P
Lacy Goodlett P P P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * * * * *
Jerry Hall * * * * * *
Kathy Guinn * * * * * *
Kat Harris * * * * * *
Art Duron * * * * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

Arts Commission As of December 31, 2024
Attendance Records
2023 2023 2024 2024 2024 2024 2024 2024
25-Jul 24-Oct 23-Jan 19-Apr 23-Apr 23-Jul 10-Sep 22-Oct Kyree Perkins * * P P P * P A
Emily Luna * * P P P * P A
Maria Menga * * A A A * A A
Dawn Bennett Vacated seat 7/23
Emilie Dummar * P P P * P A
Bonnie Boyd P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of December 31, 2024 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2024 2024 2024 2024 2024 2024 2024 2024 2024 2025
Apr May June July Aug Sept Oct Nov Dec Jan

P P P P P P

P P P P E P

P T P P P P

A P P E E P

P A A P P A

P P P P P P

P P P P E P
*Attended via Zoom as non-voting member.
2023 2023 2023 2023 2023 2023 2023 2024 2024 2024
June July Aug Sept Oct Nov Dec Jan Feb Mar

P P P P P P P
E Resigned 9/23

P P P P P P P

E P P P E E A

P P P P P P P

P P P P P
*Attended via Zoom as non-voting member.
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May

P P P P E P P P P P
P P E E E P P* A A P

P P P P P P P P P P

P P P P P P P A A P

P P P P P A A P

P P P P P P P P
*Attended via Zoom as non-voting member.

Irene Ortega
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Fernando Serrano
Sonya Lopez
Irene Ortega
Kim Baumgardner
Esther Figueroa
Edith LaVonne
Susan Uptain
PARKS & LEISURE SERVICES COMMISSION As of December 31, 2024

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2024 2024 2024 2024 2024 2024 2025 2025 2025 2025 2025 2025 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Cathy Capone ** ** P A P P
Diane Graybehl ** ** P P P A
Kieran Daly ** ** P P P A
** ** P P A P
** ** P P P P
Hannah Moore P P
Blaine Smotherman ** ** P P P P
** ** P P P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2023 2023 2023 2023 2023 2023 2024 2024 2024 2024 2024 2024 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P E A E
Diane Graybehl ** ** P P P P P P E P P **
Kieran Daly ** ** P E P E P P P P P **
** ** P P P P E P P P P **
** ** P A
** ** P P P P E P P A P **
** ** P P P P P P P P P Res.

Blaine Smotherman P P P P **
** ** A P P P P P P P P **
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P A P E E P P E P A
Diane Graybehl ** ** E P P P P P E P P E
Kieran Daly ** ** P P A P P P P P E P
** ** P P P P P P P A P P
** ** P P P P P E P P P E
** ** E P P A A P P P P P
** ** P P E P P P E P P P
** ** P A P P P P E A A A
Resigned
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Term Expired 10/18
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Jason Gurrola
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of December 31, 2024 Attendance Records
2024 2024 2024
28-May 27-Aug 26-Nov
Margaret Stinson P P * Apptd 05/21;Term exp 5/2028
John Billiou P P * Term expires 5/2026
Jerry Hall P P * Term expires 5/2026
Janice Kovars P Term ended
Shawn Byars P P * Term expires 5/2026
Joshua Sulier A Term ended
Angela Dennis A Term ended
Rae Dean Strawn A P * Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. P P * Apptd 05/21; Term exp 5/2028
* Meeting cancelled
2022 2022 2023 2023 2023 2023 2024
25-Aug 17-Nov 16-Feb 25-May 24-Aug 28-Nov 27-Feb
John Simonich P P A P P A P Resigned eff. 02/28/2024
Margaret Stinson P P P P P A P Term expires 5/2024
John Billiou P P A P P P A Term expires 5/2026
Jerry Hall P P P P P P P Term expires 5/2026
Janice Kovars P P P P P A P Term expires 5/2024
Shawn Byars P A P A P P P Term expires 5/2026
Joshua Sulier A P P P P P A Term expires 5/2024
Angela Dennis P A P A A P P Apptd 12/20; Term exp 5/2024 Rae Dean Strawn P P A P A P P Apptd 07/19; Term exp 5/2026 Robert K. Falls Sr. A P P P P A P Apptd 07/19; Term exp 5/2024 * Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of December 31, 2024 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/18/2024
Pat Contreras A
Linda Mendez P
Eriselda Lizarraga P
Isabel Olmos P
Rebecca Contreras A
Yalimar Garcia A
Jacqueline Verduzco Alanis P
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 2/29/2024 Pat Contreras P P P P P
Linda Mendez P P P A P
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A A
Isabel Olmos P P P
Rebecca Contreras P P P
Yalimar Garcia P P
Jacqueline Verduzco Alanis P P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Item No.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2024-2025 (October - December 2024)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members are appointed. This report represents meeting attendance during the second quarter of FY 2024-2025 (October through December 2024).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Quarterly Report (October- December 2024) Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Committee/Board Member/Alternate October November December Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Greg Meister - Member
Ad Hoc Committee - General Plan Don Weyhrauch - Member
Kellie Carrillo - Member
Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member Regulation of Marijuana Raymond Beltran - Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 11/21/2024 Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member
Greg Meister - Member
Eastern Tule Groundwater Don Weyhrauch - Member 10/3/24 P Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 11/7/24 P 12/5/24 P Internal City Audit Committee Martha Flores - Member
Kellie Carrillo - Member
Joint City/School District Committee Kellie Carrillo - Member Greg Meister - Member
Raymond Beltran - Member 10/2/24 P
Claudia Calderon -Alternate 12/4/24 P
Mighty190 Committee Kellie Carrillo - Member
Greg Meister - Member
Military Banner Committee Kellie Carrillo - Member 10/9/24 P Don Weyhrauch - Member
Raymond Beltran - Member 11/15/24 P
PDC Advisory Board Jason Ridenour - Member
Mayor - Alternate
San Joaquin Valley Special City Selection Don Weyhrauch - Member Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Martha Flores - Member
Greg Meister - Alternate
Martha Flores - Member 10/21/24 P
Greg Meister - Member 12/9/24 P
Tulare County City Selection Mayor - City Member
Committee Designee - Alternate
Martha Flores - Member 10/23/24 P
Jason Ridenour - Alternate 12/4/24 P
Don Weyhrauch - Member
Raymond Beltran - Alternate
Tulare County Taskforce on Homelessness Martha Flores - Member 10/16/2024 11/20/24 P Claudia Calderon - Alternate
Tule River Improvement JPA Don Weyhraruch - Member
Michael Knight - Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
City Council Attendance - FY 2024-2025 Second Quarter Report October 1, 2024 through December 31, 2024
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee (LINC)
Item No. 1.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorization to Purchase Chlorine Generation Electrode Assembly SOURCE: Public Works
COMMENT: The City of Porterville's drinking water wells are equipped with on-site sodium hypochlorite chlorine generation systems, which are critical for maintaining water quality. Recently, the chlorine generation system at City Well No. 18, located on the south side of Henderson Avenue just west of Newcomb Street, experienced a failure of its electrode assembly.

City staff conducted troubleshooting and determined that the electrode assembly had completely failed. The local sole-source distributor, De Nora Water Technologies, quoted a replacement electrode assembly at a cost of $6,710.

Given the extensive lead times for the electrode and its status as a wear item, staff recommends purchasing two (2) replacement assemblies.

The total cost for the replacement assemblies, including freight, taxes, and a 10% contingency, shall not exceed $16,270. The proposed funding source for this expense is the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to De Nora Water Technologies LLC, in an amount not to
exceed $16,270 (inclusive of all parts, taxes, shipping and a 10% contingency) for the Electrode Assembly; and

2. Direct the Finance Director to make payment to De Nora Water Technologies LLC, upon receipt of invoice approved by the Public Works Director.

ATTACHMENTS: 1. De Nora Water Technologies
Appropriated/Funded:

Review By:

Department Director:

Item No. 1.

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager

Item No. 2.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorization to Purchase Replacement Rotating Pump Assembly for Veterans Park Booster Pump Station
SOURCE: Public Works
COMMENT: The City of Porterville's Veterans Park Booster Pump, located on the east side of Newcomb Street north of Morton Avenue, has experienced an operational failure requiring the replacement of Pump #2's impeller assembly. This booster pump station is vital to the City's Water Distribution System, facilitating water transfer from the West to the Central Pressure Zones during peak demand periods. Maintaining system reliability depends on all three (3) pumps being fully operational; therefore, restoring unrestricted operations at this station is critical.

The Veterans Park Booster Pump Station features three (3) 40- horsepower electric motors, each driving an individual Peerless Centrifugal Split-Case Pump. After consulting the pump manufacturer, staff was directed to their local sole-source distributor, Pump Tech Inc., who provided a replacement impeller assembly cost of $12,290 (part only).

Due to extensive lead times and the fact that this component is a noticeable wear item, staff recommends purchasing two (2) replacement assemblies. This will ensure a spare is available for future needs. The total cost, including parts, freight, taxes, and a 10% contingency, shall not exceed $30,089. The proposed funding source for this expense is the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Pump Tech Inc., in an amount not to exceed $30,089
(inclusive of all parts, taxes, shipping and a 10%
contingency) for the Peerless Rotating Pump Assembly;
and

2. Direct the Finance Director to make payment to Pump
Tech Inc., upon receipt of invoice approved by the Public Works Director.

Item No. 2.

ATTACHMENTS: 1. Veterans Park Locator Map

2. Pump Tech Inc.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
north newcomb street n lindale st
west morton avenue n york st n lotas st
w kanai ave
w grand ave

ENGINEERING DIVISION

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

N NEWCOMB AVE

SUBJECT

LOCATION
0 50 100 200
SCALE: 1"=100'

VETERANS PARK

BOOSTER PUMP

STATION

PORTER SLOUGH

VICINITY MAP
NORTH

NO SCALE

W MORTON AVE
PumpTech, Inc.
300 Bonita Ave #5014, San Dimas CA 91773 626-622-3762

Page 1 of 2 ends

Proposal No. NK-012425-011 Proposal
January 24, 2025
City of Porterville
Attn: Jonny Pruitt 559-756-3515 [email protected] Subject: Peerless Pump Rotating Assembly for Model 6AE11 Dear Jonny,
PumpTech is pleased to offer the following proposal for a rotating assembly for the existing Peerless Pumps model 6AE11. Please note the clarifications and comments below. If you decide to proceed with the purchase, please write a PO to PumpTech.

Rotating Assembly from Peerless’ shop in Fresno
Qty. Description
2 Complete Rotating Assembly for Peerless Model 6AE11, 1-stage horizontal split case pump with standard bronze impeller, two John Crane mechanical seals with carbon vs. ceramic seal faces, aluminum bronze impeller. The assembly includes impeller with integral wear rings, bronze casing rings, two SS 304 shaft sleeves, lip seals, casing gasket, impeller key, copling key, casing ring dowel pin,
Lump sum Price $12,290.00 each
Freight is additional at $250.00 each for the rotating assembly. Taxes are not included.

Estimated Lead Time: 10-12 weeks ARO. We will expedite this once enter the order with the factory.

NOT INCLUDED:
- Sales Tax - Provide a resale card if non-taxable.
- Mounting bolts/Anchor bolts
- MCC, VFDs, Junction boxes, main disconnect, meter box, conduits, seal offs, Kellem grips, valves, piping, guide rails, hoses, gauges, warning signs or any ancillary equipment not specifically stated in this proposal.

Page 2 of 2 ends

Proposal No. NK-012425-011
January 24, 2025
- Taped video training presentations
- Field vibration tests, vibration analysis or vibration testing equipment. - Field sound pressure level testing, noise measurement or noise measurement equipment. - Pulling out and re-installing pumps, in case of warranty issues - Start-Up Supervision Service, Training & Field Tests
- Freight to the jobsite. (Prices are FOB shop in Fresno) - Any accessories or services not specifically mentioned in our proposal.

THIS PROPOSAL EXPIRES IN 30 DAYS from the date of this proposal or bid opening date, if applicable.

This proposal reflects prices based solely upon PumpTech’s attached Terms of Sales.

Thank you for the opportunity to submit this proposal.

Sincerely,
PumpTech, Inc.

Neil Kulkarni
Item No. 3.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorization to Repair City Well No. 32
SOURCE: Public Works
COMMENT: City Well No. 32, located at 22374 Avenue 128, has experienced an operational failure of its turbine bowl assembly. Given the critical role this well plays in maintaining the City’s water system pressure and production capabilities, it is imperative to restore its functionality promptly. Failure to address this issue could negatively impact the overall performance of the water system.

To secure the necessary supplies for the repair, three (3) bids were requested and received from local pump repair companies:

Willits Pump $29,412.48
Carver Pump $30,717.13
SA Camp Pump & Drilling Co. $40,049.00
Willits Pump has been identified as the company submitting the lowest quote and confirming their immediate availability to provide the replacement parts.

Staff recommends awarding the repair project to Willits Pump for an amount not to exceed $32,353, which includes parts, labor, taxes, and a ten percent (10%) contigency. Funding for the repair will be through the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Willits Pump for an amount not to exceed $32,353
(inclusive of all parts, labor, taxes, and a 10% contingency) for the replacement parts for City Well No. 32; and

2. Direct the Finance Director to make payment to Willits Pump upon receipt of the invoice approved by the Public Works Director.

ATTACHMENTS: 1. Willits Pump Quote
Item No. 3.

2. Carver Pump Quote

3. S. A. Camp Pump and Drilling Company Quote

4. Location Map Well 32
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager

RD 224
City Well #32
Teapot Dome Ave
NORTH
2
6&A/E

A// D,6TA1&E6 ARE ,1
)EET A1D DE&,MA/6 T+EREO)

TEAPOT DOME AVE
Item No. 4.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorization for the Renewal of the OverDrive Subscription SOURCE: Parks and Leisure Services
COMMENT: OverDrive offers the largest digital content catalog in the world to more than 92,000 libraries and schools in 115 countries. All OverDrive members of every community have access to resources that provide information, education, entertainment and advancement. The OverDrive platform is made available to the City of Porterville by a larger pool of resources which is comprised of 23 public library jurisdictions that commit to the establishment of the Southern California Digital Library.

As of January 23, 2025, this platform allows for access to 20,502 unique e-book titles and 34,502 e-book copies; 8,299 unique audiobook titles and 18,481 audiobook copies.

The Library has obtained a subscription to Overdrive since 2016. In July of 2020, the City Council authorized the most recent annual renewal of the subscription for five years. During fiscal year 2023/24, Porterville Library patrons checked out over 4,000 e-books and more than 3,000 audiobooks from OverDrive. The current standard pricing structure for all participating library jurisdictions is $5,600.00 for content purchase, and $1,400 for the maintenance fee. Funds to cover the renewal of OverDrive are programmed with Measure H funds in the amount of $7,000.

RECOMMENDATION: That the City Council authorize the annual renewal of the subscription for OverDrive for the next five years through January 2030, with the condition that the annual renewal costs do not exceed a 5% increase per year.

ATTACHMENTS: 1. OverDrive Invoice
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Item No. 4.

Final Approver: Jason Ridenour, Interim City Manager
OverDrive, Inc.

One OverDrive Way
Cleveland, OH 44125
United States
Phone: +1 216 573 6886 Fax: +1 216 672 0087
Email: [email protected]
US Tax ID number: 34-1522786
Bill to:

Porterville Public Library
41 West Thurman Avenue
Porterville, CA 93257
Sold to:

Porterville Public Library
41 West Thurman Avenue
Porterville, CA 93257
Payment terms:

Within 30 days
Bank Name & Branch: The Huntington National
Bank
7 Easton Oval
17 South High Street
Columbus, Ohio
USA
Account Name: OverDrive, Inc.

Account Number: 01661616573
ACH ABA Routing
Number:
041000153
Wire Routing Number: 044000024
Swift Code: HUNTUS33
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Subtotal: $7,000.00 USD
Tax amount: $0.00 USD
Total: $7,000.00 USD
Amount due: $7,000.00 USD
# Description Cost Unit price Quantity Tax rate Tax amount Total 1 Library Participation-Maintenance Fee $1,400.00 USD $1,400.00 USD 1 0.00% $0.00 USD $1,400.00 USD 2 Library Participation-Future Content Purchases
Participation in Southern California Digital Library (CA) For the Twelve Month Period January - December 2025
$5,600.00 USD $5,600.00 USD 1 0.00% $0.00 USD $5,600.00 USD OverDrive, Inc. Page 1 of 1
Customer ID Invoice number Date
1148-0027 H-0110342 January 01, 2025
Item No. 5.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Approval of License Agreement with Porterville Unified School District for Use of Vehicle Charging Stations and Bus Wash Facilities SOURCE: Public Works
COMMENT: In 2021, the City Council approved an agreement with PUSD for the use of the City’s vehicle charging stations and bus wash facilities to support PUSD’s deployment of six zero-emission battery-electric school buses.

The original agreement, which has since expired, allowed PUSD to use these facilities on a cost-recovery basis. That agreement facilitated regional collaboration while reducing operational costs for both parties.

With the expiration of the original agreement, it is necessary to establish a new agreement to continue this beneficial partnership.

The new License Agreement updates and formalizes the terms for continued use of the City’s infrastructure. Under the agreement, PUSD and its agents will have access to the charging stations at the City Corporation Yard and Downtown Transit Center, as well as the bus wash facility at the Corporation Yard. Charges will continue to be based on actual costs, including electricity, maintenance, and administrative fees, with operational savings passed on through Low Carbon Fuel Standard (LCFS) credits. Updated pricing is detailed in Exhibit 1 of the agreement.

The agreement includes compliance with federal, state, and local regulations, such as Federal Transit Administration (FTA) requirements.

It also establishes provisions for dispute resolution, indemnification, insurance, and termination by either party with 90 days’ notice. The initial term of the agreement is for three years, which may be extended for up to three additional one-year terms at the City's sole discretion, allowing for operational flexibility and periodic review to meet changing needs.

This renewed partnership will optimize the use of the City’s facilities, generate revenue to offset operational costs, and continue to support regional sustainability goals. Staff recommends approval of the new License Agreement to ensure PUSD's uninterrupted use of these facilities.

Item No. 5.

RECOMMENDATION: That the City Council:

1. Approve the License Agreement with the Porterville
Unified School District (PUSD) to allow non-exclusive use of the City’s vehicle charging stations and bus wash
facilities; and

2. Authorize the City Manager to execute the Agreement.

ATTACHMENTS: 1. Draft Agreement
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
1 License Agreement for use of
Charging Station and Bus Wash Facilities

LICENSE AGREEMENT FOR USE OF

VEHICLE CHARGING STATION AND BUS WASH FACILITIES
THIS LICENSE AGREEMENT is entered into this ___ day of __________, 2025 (“Execution Date”), by and between the CITY OF PORTERVILLE (hereinafter referred to as “CITY”), a municipal corporation, the PORTERVILLE UNIFIED SCHOOL DISTRICT (hereinafter referred to as “PUSD”), a public district, collectively referred to as the “Parties.”

RECITALS
WHEREAS, the City of Porterville and Porterville Unified School District, as public agencies, are authorized by Government Code Section 6500, et seq., to share common powers; and WHEREAS, CITY constructed vehicle charging station facilities (“Charging Stations”) at its City Corporation Yard and its Downtown Transit Center; and WHEREAS, CITY constructed a bus wash facility (“Bus Wash”) at its City Corporation Yard; and
WHEREAS, CITY desires to allow PUSD and its agents to use the Charging Stations and Bus Wash and obtain the benefit of the lower Charging and Bus Wash prices paid by CITY.

NOW THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:

Subject to the conditions, stipulations and provisions set forth below, CITY hereby grants temporary and revocable non-exclusive permission to PUSD and its agents to enter CITY’s Corporation Yard at 555 N. Prospect Street, Porterville, CA and CITY’s Downtown Transit Center at 61 W. Oak Avenue, Porterville, CA (the “Premises”) to use the Charging Stations and Bus Wash Facilities, store vehicles, and access designated employee breakrooms.

1. Term and Termination:
a) This Agreement shall commence upon execution by the CITY and PUSD (“Effective Date”) and shall remain in effect for an initial term of three (3) years. Upon the expiration of the initial term, the CITY, at its sole discretion, may extend the Agreement for up to three (3) additional one-year terms.
b) Termination for Convenience: The CITY may terminate this Agreement for any reason by providing PUSD with ninety (90) days' written notice. However, termination is subject to mutual agreement in cases where alternative arrangements are not feasible to ensure uninterrupted operations.
2 License Agreement for use of
Charging Station and Bus Wash Facilities
c) Termination for Cause: CITY may terminate this Agreement immediately upon written notice if PUSD or its agents breaches any term or condition of this Agreement and fails to cure such breach within 30 days of receiving notice. If the breach is curable but required more than 30 days to remedy, the breaching party must commence and diligently pursue a cure within the notice period, subject to CITY’s written approval of an extended cure period.
d) Amendment and Review: This Agreement may be reviewed and amended at the request of any party to address changes in operational needs, costs, or regulatory requirements.

All amendments must be in writing and signed by all parties.

2. Dispute Resolution:
a) Initial Resolution: Disputes shall first be addressed through written notice and a meeting between representatives of the CITY and PUSD within 15 days of the notice. b) Mediation: If the dispute cannot be resolved within 30 days of the meeting, the parties agree to engage in non-binding mediation using a mutually agreed mediator. c) Arbitration or Litigation: If mediation does not resolve the dispute, the parties may pursue binding arbitration or litigation in the appropriate court in Tulare County, California. Arbitration shall be binding and conducted in accordance with the rules of the American Arbitration Association. Arbitration or litigation must be initiated within 60 days of the conclusion of mediation to ensure timely resolution and minimize operational impacts.

3. Permitted Uses and Activities:
a) PUSD and its agents are authorized to use CITY’s Charging Stations and Bus Wash facilities. All agents must adhere to the same compliance, training, and access protocols as outlined for PUSD employees.
b) PUSD and its agents will provide a list of vehicles that will be using the Charging Stations and Bus Wash. CITY will track charging session and bus wash activities by vehicle number and/or fuel card.
c) PUSD and its agents’ employees are granted access to designated breakroom facilities during operational hours as determined by CITY policies and schedules, which may be updated periodically without requiring an amendment to this Agreement. 3 License Agreement for use of
Charging Station and Bus Wash Facilities
d) Unauthorized use of the facilities outside the defined activities will result in immediate revocation of access.
e) PUSD and its agents are responsible for promptly reporting any misuse or damage to the facilities caused by their employees, vehicles, or operations. f) PUSD and its agents shall not be held responsible for damages or misuse caused by third parties or factors beyond their reasonable control.

4. Vehicle Storage:
a) PUSD and its agents are authorized to store vehicles on the Premises in designated areas identified by the CITY.
b) Vehicles must be free from excessive debris, mud, or hazardous materials. c) Any trash or debris left by PUSD or its agents must be properly removed. d) CITY shall not be liable for any loss, damage, theft, or vandalism of vehicles or items stored on the Premises.

5. Training Requirements:
a) Prior to using the Charging Stations and Bus Wash, each employee who will be engaged in charging and bus wash activities must receive CITY training, estimated to take less than 1 hour. Training must be scheduled during weekdays.

6. Billing, Payment, and Fee Structure:
a) CITY will bill PUSD or its agents for all charging and bush wash costs on an actualcost basis, as detailed in Exhibit 1. b) Invoices will include electricity costs, maintenance fees, administrative costs, and other associated fees.
c) All invoices must be paid within 30 days of receipt.

7. Facility Access and Operational Hours:
a) PUSD and its agents desires to enter upon the Premises solely at its own risk to use CITY’s Charging Stations and Bus Wash.
4 License Agreement for use of
Charging Station and Bus Wash Facilities
b) Entry by PUSD and its agents onto the Premises under this Agreement will be deemed an acknowledgment by PUSD and its agents that any dangerous condition or defect upon the Premises, to the extent disclosed by CITY or reasonably discoverable, is known to PUSD and its agents.
c) Charging sessions and bus washes may be performed seven days a week. d) CITY may authorize other public agencies to use the Charging Stations and Bus Wash facilities and will coordinate scheduling to avoid delays. e) The CITY facilities described in this Agreement are not open to the general public. f) CITY will provide access control. PUSD and its agents must provide an updated list of employees requiring access. Employee access lists must be updated quarterly or when changes occur. Access credentials must be deactivated promptly upon an employee's termination or change in role.

8. Compliance with Laws:
a) PUSD and its agents must comply with all statutes, ordinances, regulations, rules, guidelines and other laws which apply to its activities under this Agreement. All activities must be conducted in accordance with good and safe business practices so as to minimize interference with the use, enjoyment and conduct of any other activity upon the Premises.
b) During the term of this Agreement, CITY may make additional Charging Stations available for use by PUSD and its agents. Any such approval will be subject to approval by the Federal Transit Administration of charging vehicles by other public agencies at the location. CITY, in its sole discretion, may provide written notice to PUSD and its agents of the availability of the additional Charging Station. Unless otherwise stated in the written notice, use of the additional Charging Station will be subject to all of the terms and conditions set out in this Agreement. In addition, use of the additional Charging Station may be conditioned on the acceptance of additional terms and conditions, to be set out in the notice, that are applicable. CITY does not warrant or guarantee that the additional Charging Station will be available during the term of this Agreement.
c) All activities conducted under this Agreement must comply with applicable federal, state, and local laws, but not limited to, Federal Transit Administration (FTA) 5 License Agreement for use of
Charging Station and Bus Wash Facilities
regulations, Buy America provisions, and any other regulatory requirements for shared public facilities.

9. Environmental Credits and LCFS Provisions:
a) The CITY intends to claim title to applicable clean fuels credits, low-carbon fuel standard credits (LCFS credits), renewable fuels credits, emissions reduction units, carbon offsets, allowances, renewable fuel and/or obligation certificates, or similar regulatory compliance instruments, collectively referred to as “Environmental Credits,” generated by CITY Charging Stations under applicable federal and state emissions, low-carbon fuel, and/or renewable fuel compliance programs. b) Revenue generated from LCFS credits and other Environmental Credits will be applied to reduce the operational costs of the Charging Stations facilities. The CITY will account for these credits when determining pricing schedules, ensuring that operational savings benefit all users of the facilities.

10. Indemnification:
a) To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other party, its officers, employees, agents, and volunteers (“Indemnitees”), from and against all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees and costs of litigation (“claims”), but only to the extent such claims are caused by the negligence, wrongful acts, or omissions of the indemnifying party, its officers, employees, or agents. The indemnifying party’s obligation does not extend to claims arising from the sole negligence or willful misconduct of the Indemnitees.
b) The indemnification obligations of PUSD and its agents extend to claims, actions, or damages caused by their subcontractors, agents, or representatives while acting within the scope of their duties under this Agreement. Agents acting under PUSD's authority are explicitly covered by PUSD's indemnification responsibilities. This includes, but is not limited to, damages or liabilities caused by negligence or misconduct directly related to their authorized activities.
c) Nothing in this section shall limit or qualify the liabilities and obligations otherwise assumed by the parties under this Agreement, including provisions concerning insurance.
6 License Agreement for use of
Charging Station and Bus Wash Facilities

11. Insurance Requirements:
a) Each party represents and warrants that it is either a self-insured public entity or maintains sufficient insurance coverage to fulfill its obligations under this Agreement.

Within 30 days of the execution of this Agreement, each party shall provide the other with a letter of self-insurance or a certificate of insurance, as applicable, confirming that its self-insurance program or insurance coverage adequately protects against liabilities and claims arising out of the performance of this Agreement. b) Nothing in this Agreement shall be construed to create any rights in or obligations to any third party, including the public or any member thereof, nor shall it establish a standard of care owed to any person not a party to this Agreement. This Agreement is solely for the benefit of the Parties hereto.
c) Each party’s self-insurance program or alternative insurance coverage must provide liability protection of no less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, property damage, and operational risks directly related to this Agreement. Such coverage shall be maintained throughout the term of this Agreement and any extensions thereof.

12. Force Majeure:
a) The parties shall not be liable for any failure or delay in performing their obligations under this Agreement due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, government actions, or power outages. If a force majeure event occurs, the affected party must notify the other parties in writing within 10 days of the event and make reasonable efforts to resume performance as soon as possible.

13. Notices and Communications:
a) All notices and other communications under this Agreement will be in writing and will be deemed to have been duly given on the date of delivery, if delivered personally to the party to whom notice is given, or if made by email directed to the party to whom notice is to be given at the email listed below. Notices and other communications will be directed to the parties at the addresses shown below. A party may change its person designated to receive notice, its email, or its address from time to time by giving notice to the other party in accordance with the procedures set forth in this Article. 7 License Agreement for use of
Charging Station and Bus Wash Facilities
CITY: City of Porterville
Attn: Transportation Director
555 N. Prospect St.

Porterville, CA 93257
Phone: (559) 782-7514
Email: [email protected]
PUSD: Porterville Unified School District
Attn: Assistant Superintendent Business Services
600 W. Grant Ave.

Porterville, CA 93257
Phone: (559) 793-2450
Email: [email protected]

14. General Provisions:
a) This Agreement is not assignable without CITY’s prior written permission, and such written permission may be withheld for any reason.
b) This Agreement is binding upon, inures to the benefit of, and is enforceable by, the parties hereto and their respective beneficiaries, devisees, legatees, heirs, executors, estates, administrators, employees, officers, directors, shareholders, agents, attorneys, insurers, representatives, successors-in-interest and assigns. Agents must be explicitly authorized by PUSD or CITY to act under this Agreement. c) All warranties, indemnities and waivers of rights contained in this Agreement will survive the expiration, termination or cancellation of this Agreement. d) This Agreement constitutes the entire agreement between the parties with respect to the matters described herein. This agreement may be modified only in writing, signed by both parties.
e) This Agreement will be governed by and construed in accordance with the laws of the State of California. This Agreement is entered into to be performed in Tulare County, California. To the fullest extent permitted by law, the parties waive the venue removal provisions set forth in California Code of Civil Procedure Section 394. f) All amendments and waivers to this Agreement must be documented in writing and signed by authorized representatives of all parties.
8 License Agreement for use of
Charging Station and Bus Wash Facilities
g) If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

IN WITNESS WHEROF, the parties hereto have executed this Agreement as of the day and year first hereinabove appearing.

CITY OF PORTERVILLE
By: ___________________________
Jason Ridenour
Interim City Manager

PORTERVILLE UNIFIED SCHOOL DISTRICT
By: ___________________________
Dr. Nate Nelson
Superintendent
9 License Agreement for use of
Charging Station and Bus Wash Facilities
EXHIBIT 1

PRICING SCHEDULE
• Pricing is based on Southern California Edison’s (SCE) TOU-EV-9 rate plan, with an additional allocation for maintenance costs, including warranty expenses, distributed proportionally across charging and bus wash services. The pricing also accounts for revenue offsets generated through Low Carbon Fuel Standard (LCFS) credits associated with electric vehicle charging activities.
• Changes to pricing will be calculated based on operational cost adjustments, including changes in utility rates, LCFS credit value, or the Consumer Price Index. • Any changes to pricing under this Agreement shall require CITY to provide a minimum of 30 days prior to written notice to all affected parties.

Summer (June 1 – September 30)
Price per kWh
Winter (October 1 – May 31)
Price per kWh
On-peak $.25 (from 4 – 9 pm)
Mid-peak (Weekends & Holidays) $.10 (from 4 – 9 pm) $.25 (from 4 – 9 pm) Off-peak $.10 (from 4 pm – 8 am) $.10 (from 9 pm – 8 am) Super off-peak $.10 (from 8 am – 4 pm)
Price per Bus Wash
$3.50
Item No. 6.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorize Draft Resolution Approving TCAG-City of Porterville SB 125 Program Supplement To Cooperative Agreement for Design of ZeroEmission Maintenance Facility SOURCE: Public Works
COMMENT: In July 2023, the California State Legislature approved SB 125, which amended the Budget Act of 2023 to allocate significant funding to zeroemission and sustainable transit initiatives. SB 125 established the ZeroEmission Transit Capital Program (ZETCP), administered by the California State Transportation Agency (CalSTA), with funds dedicated to advancing sustainable transportation infrastructure.

On November 19, 2024, the City Council approved the SB 125 Cooperative Agreement, authorizing participation in this program. The agreement requires a project-specific Program Supplement to initiate work on individual projects.

Staff has prepared an SB 125 Supplemental Agreement for the design and construction management of the Zero-Emission Maintenance Facility. The supplement allocates $2,000,000 for architectural and engineering services, which include finalizing designs, ensuring compliance with environmental and zero-emission standards, and preparing construction management documents. This project supports the City’s ongoing commitment to transportation and will accommodate the City’s Transit fleet.

The funding for this project will be provided by SB 125 program funds, with no impact on the City’s General Fund. Approval of the supplemental agreement will allow the City to proceed with design and preconstruction activities, ensuring timely progress toward a move-in-ready facility that meets the needs of the City.

RECOMMENDATION: That the City Council adopt the draft resolution authorizing the Mayor and City Manager to execute TCAG-City of
Porterville SB 125 Program Supplement To Cooperative
Agreement for the design and construction management of the zero-emission maintenance facility.

Item No. 6.

ATTACHMENTS: 1. Draft Resolution

2. SB 125 Supplement to Cooperative Agreement_A&E
Zero-Emission Maintenance Facility

3. SB125 Project List

4. Staff Report - November 19, 2024
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
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

ADOPTING TCAG-CITY OF PORTERVILLE
SB 125 PROGRAM SUPPLEMENTAL AGREEMENT
WHEREAS, on June 28, 2023, the California State Legislature approved SB 125, which authorized the distribution of $4 billion in Transit and Intercity Rail Capital Program (TIRCP) and $1.1 billion in Zero-Emission Transit Capital Program (ZETCP) funds for regional transportation planning agencies according to a population-based formula; and WHEREAS, TCAG was allocated $48,671,620 in TIRCP and $7,372,832 in ZETCP funding; and
WHEREAS, TCAG staff submitted a board-approved program of projects to CalSTA in accordance with program guidelines; and
WHEREAS, CalSTA authorized the disbursement of $24,305,505 of TIRCP and $2,748,056 of ZETCP funding to TCAG on August 7, 2024; and WHEREAS, TCAG has included the City of Porterville’s Zero-Emission Maintenance Facility Project in its SB 125 Program including:

1. Architectural and Engineering (A&E) and Construction Management (Phase 1) - $2 million

2. Construction (Phase 2) - $9 million
WHEREAS, the City of Porterville desires to initiate the architectural and engineering (A&E) and construction management phase at a total cost not to exceed $2 million; and
WHEREAS, it is in the interest of TCAG and member agencies to execute agreements governing the disbursement and utilization of these funds in an expeditious manner; and
NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville adopts the attached “TCAG-City of Porterville SB 125 Program Supplemental Agreement”; and

2. That the Mayor and Interim City Manager is hereby authorized to execute the SB 125 Program Supplemental Agreement.
/ / /
/ / /
Resolution No. ____-2025

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 4th day of February 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
(updated 10-__-2024) 1
SB 125 PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
TCAG Agreement No.__________________
This Program Supplement (“Program Supplement”) is made and entered into on February 4, 2025 by and between the CITY OF PORTERVILLE (the “SPONSOR”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Regional Transportation Planning Agency for Tulare County (“TCAG”). The SPONSOR and TCAG are each a “Party” and together are the “Parties” to this Program Supplement.

This Program Supplement herby incorporates the “SB 125 Cooperative Agreement” for SB 125 Program funding that was entered into between the SPONSOR and TCAG on November 19, 2024, and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority of TCAG Resolution No. 2025- ______, dated _________________.

The purpose of this Program Supplement is to document TCAG’s approval of funding from the SB 125 Program for SPONSOR’S proposed project identified as Zero-Emission Maintenance Facility (the “Project”). The scope of said Project, including its costs and schedule, are shown on the attached Attachment “A.”
Covenants of SPONSOR

1.1 By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phase(s) of the Project with written “Authorization to Proceed” or other TCAG approval and will not proceed with future phase(s) of the Project(s) prior to receiving a written “Authorization to Proceed” or other TCAG approval.

1.2 SPONSOR will advertise, award, and administer the Project(s) as necessary and in accordance with SPONSOR standards.

1.3 Contract award information, if any, shall be submitted by SPONSOR to TCAG within 60 days after any Project contract award.

1.4 Failure to submit contract award information in accordance with section 1.3 will cause a delay (without interest or penalties) in TCAG’s processing of invoices for the construction phase of the Project.

1.5 If no costs have been invoiced by SPONSOR for the Project for a six-month period, then SPONSOR agrees to submit to TCAG for each Project phase a written explanation of the absence of Project(s) activity along with target billing dates and target billing amounts. (updated 10-__-2024) 2
IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

TULARE COUNTY ASSOCIATION OF GOVERNMENTS
By: _____________________________________ Attest:__________________________ TCAG Executive Director TCAG Finance Director

CITY OF PORTERVLLE
By:______________________________________ Attest:_________________________________ Greg Meister, Mayor Jason Ridenour, Interim City Manager Jlk/10-21-2024/20241704/2259208.docx
(updated 10-__-2024)
SB 125 PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
TCAG Agreement No.__________________
Attachment A
Project Name: Zero-Emission Maintenance Facility
Project Scope
The City of Porterville must transition to a fully zero-emission fleet by 2040 in order to meet the California Air Resources Board’s (CARB) Innovative Clean Transit Regulation. The Project is located adjacent to the City Corporation Yard, 555 N. Prospect St., Porterville, CA 93257. TKDA to provide Architectural and Engineering (A&E) design services for a ZeroEmission Maintenance Facility, Corporation Yard, and Transit Center. TKDA to also provide construction management services to provide technical support, respond to RFIs, construction submittals, review contractor change orders during the construction phase.

Project Schedule
Issue Request for Proposals: September 24, 2024
Award Project: December 3, 2024
Begin Design: January 24, 2025
Complete Design: November, 20, 2025
Begin Construction Management: December 1, 2025
Complete Construction Management: June 30, 2026
Sources and Use of Funds
Funding Source: SB 125
Design & Construction Management: $2,000,000
Construction: $0
Total Funding: $2,000,000
DRAFT TCAG ‐ SB 125 ‐ Amendment No 1
Allocation
TIRCP $    87% 48,671,620
ZETCP $       13% 7,372,833
$    56,044,453
TCAG 9,743,358 $
$    Balance 46,301,095
Project Cost VT 19,311,832 $    42%
Lindsay Transfer Center Cost Increase 2,000,000 $       TCRTA 17,989,263 $    39%Farmersville Transfer Center Cost Increase 500,000 $          PT 9,000,000 $      19%VT ‐ Charging Infrastructure/ On Demand ZE Vans/Sedans 8,628,262 $       $   56,044,453TCRTA ‐ Charging Infrastructure (Transit Centers) Maintenance Facility Improvements $       9,257,702 $                  ‐ Balance TCRTA ‐ New Porterville ZE Maintenance Facility 9,000,000 $       TCRTA ‐ On Demand ZE Vans (19) 2,800,000 $      VT ‐  ZE Replacement Buses (5) 7,372,833 $      TCAG Admin (0.5%) 243,358 $         Cross Valley Express Bus Operations ‐ 3 Year Pilot 7,000,000 $      VT ‐ Microtransit Operations ‐ 3 Year Pilot 3,310,737 $      TCRTA ‐ Microtransit Operations ‐ 2 Year Pilot 5,931,560 $ $    56,044,453$                  ‐ Balance
New ProjectsAdjusted Projects
Item No. 13.

CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Cooperative Agreement with Tulare County Association of Governments (TCAG) for SB 125 Program Funding
SOURCE: Public Works
COMMENT: The California State Budget Act of 2023 established the SB 125 Program, a Formula-Based Transit and Intercity Rail Capital Program aimed at funding zeroemission transit capital projects. The Tulare County Association of Governments (TCAG), as the Regional Transportation Planning Agency for Tulare County, administers the SB 125 Program locally.

The attached Cooperative Agreement between TCAG and the City provides the framework for fund disbursement, project compliance, and reporting, ensuring adherence to the SB 125 Program Guidelines. Key components include:

1. Project Scope and Compliance: The City is responsible for managing project phases, ensuring compliance with SB 125 Program requirements, and submitting progress reports and invoices in accordance with TCAG’s schedule.

2. Funding and Reimbursement: TCAG will reimburse the City for eligible project costs upon approval, as long as the project aligns with the established scope and guidelines.

3. Project Amendments: Any project scope changes require TCAG’s approval, and the City must comply with TCAG’s amendment process for continued funding eligibility.

4. Indemnification and Audit: Both TCAG and the City agree to mutual indemnification clauses, with TCAG retaining audit rights for up to four years post-project completion.

Through this agreement, the City of Porterville will secure its allocation of SB 125 Program funds designated by TCAG to develop transit capital improvements, such as the Zero-Emission Maintenance Facility. TCAG has allocated $11,000,000 to the City for this project.

RECOMMENDATION: That the City Council:

1. Approve the attached Cooperative Agreement with the
Tulare County Association of Governments (TCAG) for SB
125 Program funding; and

2. Authorize the City Manager or designee to execute the agreement on behalf of the City.

Item No. 13.

ATTACHMENTS: 1. SB 125 Program Cooperative Agreement Template

2. SB 125 Supplement to Cooperative Agreement
Template

3. TCAG SB 125 Agenda Item

4. SB125 Project List
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 7.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorization to Negotiate Consultant Contract - Construction Management and Inspection Services for the Community Center & Park Project
SOURCE: Engineering and Project Management
COMMENT: At the City Council Meeting of October 15, 2024, the City Council authorized staff to distribute a Request for Qualifications (RFQ) for construction management and inspection services for the Community Center and Park Project. On January 3, 2025, staff received three (3) Statements of Qualifications (SOQs) for construction management and inspection services for the Community Center and Park Project. Staff reviewed and rated the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" to determine if any of the firms should be excluded from the interview selection process and found that all three (3) submitting firms were qualified and should be interviewed.

Consultant interviews were conducted on January 13, 2025, and the firms were ranked based on a combination of the presentations given and the answers provided to a standard set of questions regarding the project. The results of the interviews are as follows (50 total points possible):

1. 4Creeks, Inc.

Visalia, CA

46.1 pts

2. QK, Inc
Porterville, CA

43.6 pts

3. Vanir Construction Management, Inc.

Fresno, CA

39.9 pts
Staff is pleased with the qualifications of the listed consultants and their interest in the project and recommends negotiating a contract with the top-ranked firm. Staff will seek Council approval of the Service Agreement at a later meeting.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a scope of services contract Item No. 7.
with 4Creeks, Inc.; and

2. Authorize staff to negotiate a scope of services contract with QK, Inc. if staff is unable to negotiate an acceptable contract with 4Creeks, Inc.

ATTACHMENTS: 1. Consultant Interview Rankings

2. Construction Management Interview Questions
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
CONSULTANT RATING FORM (Interviews)
Project Name: Fourth St Community Center & Park Construction ManagementDate: January 13, 2025Project Number: 89-9411 Evaluation Factor
Rating Factor Numerical
Range & Weighting Based
on Importance of Factor
Score Score Score
Presentation 0-5 4.9 4.2 4.8Q1 0-5 4.5 4.1 4.1Q2 0-10 9.2 8.9 7.6 Q3 0-10 9.1 9.0 7.4
Q4 0-10 9.4 8.6 7.8
Q5 0-10 9.0 8.8 8.2
TOTAL SCORE: Maximum Points Possible = 50 46.1 43.6 39.9 Total Ranking Value of all Evaluators: 5 10 15
FINAL RANKING: 123
FIRM
4Creeks QK, Inc Vanir
Community Center & Park Construction Management Interviews Interview Details
Company Name: Date:

Interview Questions
Presentation: (Please introduce your “team” and describe their expertise and experience and how it relates to the needs of this project.) (5 pts)
Notes:   _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Question #1: In some detail, please describe how your firm develops and maintains the project schedule for the length of the project. (5 pts)
Notes:   _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Question #2: The firm selected will be acting as an extension of City staff on this project. Please describe your cost control measures that your firm routinely employs during a construction project to help ensure an effective use of taxpayer dollars.  (10 pts) Notes:   _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Question #3: Describe how your firm handles change order requests? Specifically, how do you arrive at an acceptable cost or fee for work not included in the bid schedule? (10 pts)
Notes:   _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Question #4: The project schedule begins to slip. You meet with the Construction Superintendent and voice your concern. Days later you realize that nothing has been corrected and the schedule continues to slip. Please describe your approach and solution to this dilemma. (10 pts)
Notes:   _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Question #5: You notice that the contractor has opted to begin to construct or install something on this project that does not match the plans and specifications and, when questioned, their response is that they’re building it the way they bid it. What is your approach and solution to this dilemma to ensure that the finished project is delivered meeting the plans, specifications, and Code? (10 pts) Notes:   _____________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Item No. 8.

CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Authorization to Conduct a Public Hearing to Consider Adjustments to Lease Rates and Approval of a Draft Master Ground Lease Agreement for the Porterville Municipal Airport
SOURCE: Public Works
COMMENT: The City of Porterville owns and leases various properties at the Porterville Municipal Airport, including aircraft hangars, a restaurant building, aviation-related ground lease parcels, and farmland. Lease rates for these properties have remained unchanged for several years, resulting in rates that are significantly below current market values. To ensure compliance with Federal Aviation Administration (FAA) regulations, particularly Grant Assurance 24: Fee and Rental Structure, the City engaged The Hopper Company to conduct a market rent appraisal, which was completed on November 15, 2024.

The appraisal provides updated market rent recommendations based on a comprehensive analysis of comparable properties and market trends.

These updated rates ensure competitiveness and fairness while aligning with FAA requirements for self-sustaining airport operations. The proposed lease rate adjustments are projected to generate an additional $72,000 annually, which will be reinvested into airport infrastructure improvements, ensuring long-term operational sustainability and compliance with FAA requirements.

Staff recommends scheduling a public hearing on February 18, 2025, to provide tenants and stakeholders with the opportunity to voice their opinions on the proposed lease rate adjustments. Holding a public hearing ensures transparency, allows the City to consider public input before finalizing the rates, and demonstrates the City's commitment to fair and equitable decision-making in compliance with FAA regulations and grant assurances. Public participation is critical in balancing operational sustainability with tenant concerns, reinforcing the City's efforts to maintain a self-sustaining airport.

The following table summarizes the current and recommended lease rates for the various property types:

Property Type Current Lease Rate Recommended Lease Rate Enclosed Hanger $.03 per sq. ft./month $.20-$.25 per sq. ft./month Item No. 8.

T-Hanger $68.60 per unit/month $200 per unit/month
Restaurant (Non-Aviation) $.45 per sq. ft./month $1.25 per sq. ft./month Small Land Parcels $.39 per sq. ft/year $.80 per sq. ft/year Large Land Parcels $.30 per sq. ft/year $.39 per sq. ft/year Air Attack Base Varies $5,000 per acre/year
Irrigated Farmland Varies $165 per acre/year
Parachute Landing $40 per acre/year $40 per acre/year
Dry Farmland $35 per acre/year $35 per acre/year
Sewer Sludge $40 per acre/year $40 per acre/year
These rate adjustments are necessary to align with market conditions, ensure compliance with FAA regulations, and maintain the financial sustainability of airport operations. The revenue generated will be dedicated to capital improvement projects and maintenance efforts at the airport.

Draft Master Ground Lease Agreement:

The draft Master Ground Lease Agreement has been prepared to standardize lease terms, improve compliance with FAA regulations, and address obligations outlined in Grant Assurances 22, 23, and 24. Key provisions of the lease include:
• Lease Term: Initial term of five years with options for four successive five-year renewal periods.
• Rent Adjustments: Annual cost-of-living adjustments based on the Consumer Price Index and periodic appraisals to maintain fair market value.
• Lessee Obligations: Maintenance of leased premises, compliance with FAA safety and operational standards, and adherence to environmental requirements.
• FAA Compliance: Incorporates Grant Assurances 22 (Economic Nondiscrimination), 23 (Exclusive Rights), and 24 (Fee and Rental Structure).

RECOMMENDATION: That the City Council:

1. Authorize staff to schedule a public hearing to be held on February 18, 2025, to consider adjustments to lease rates for properties at the Porterville Municipal Airport based on the findings of the market rent appraisal report;

2. Approve the draft Master Ground Lease Agreement for
use with airport lessees, ensuring compliance with FAA
regulations and grant assurances, pending final approval by the City Attorney; and

3. Direct staff to publish the necessary public notices in compliance with California Government Code Section 6066 and notify all current tenants of the proposed rate
adjustments and the availability of the draft Master Ground Item No. 8.

Lease Agreement for review.

ATTACHMENTS: 1. Appraisal - Market Rents at Porterville Muni Airport

2. Draft Master 2025 Airport Ground Lease Agreement

3. FAA Airport Sponsor Assurances

4. FAA Airport Sponsor & Airport User Rights and
Responsibilities
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager

APPRAISAL REPORT

PORTERVILLE MUNICIPAL AIRPORT
Market Rent of Airport Properties
1893 South Newcomb Street
Porterville, California
Date of Value:

November 15, 2024
Client:

City of Porterville
Serving the San Joaquin Valley since 1972.
1041 N. Demaree St. • Visalia, CA 93291 • Phone (559) 733-1230 • www.hopperco.com December 6, 2024
Claudia Calderon, Acting Community Development Director City of Porterville
291 North Main Street
Porterville, California 93257
RE: Market rent appraisal of Porterville Municipal Airport properties in Porterville, California.

Our file no. 24-091.

Dear Ms. Calderon:

We are pleased to transmit the attached appraisal report, which communicates our opinions of rental value for a variety of properties owned by the City of Porterville that are part of the Porterville Municipal Airport. These properties include aircraft hangar buildings, a restaurant café building, sites suitable for aircraft-related uses, and farmland in and around the airport.

The City of Porterville is reviewing their existing leases for these properties as well as marketing available properties to potential tenants, and an appraisal is needed to help determine market rent levels. The client for the assignment is the City of Porterville and they have ordered the attached appraisal.

The purpose of the appraisal is to provide opinions of market rent for the leased fee interest in each of the various airport-related property types that the city owns. Some of the valuations are specific to an individual property, while other valuations relate to a type of property where there are numerous such facilities. The effective date of value is November 15, 2024 and these are current value estimates.

Any reader of the attached report is cautioned to understand the limited purpose for which it has been prepared. Reliance upon the information, data, or conclusions indicated within the report by anyone other than the client, or for any reason other than the intended use that is stated, is inappropriate. This letter simply transmits the attached appraisal report and it should not be considered the report itself.

Thank you for this appraisal assignment. If you have any questions about the valuation or the written appraisal report, please contact us.

Sincerely,
Ross E. Lenz, MAI Keith J. Hopper, MAI, R/W-AC, AI-GRS
CA #AG043508 (expires 1/10/2026) CA #AG002559 (expires 10/4/2026) Appraisal Report – Porterville Municipal Airport Market Rents i

TABLE OF CONTENTS
Introduction to the Appraisal
• The Appraisal Problem .............................................................................................................. 1 • Definitions of Terms .................................................................................................................. 2 • Scope of Work in the Appraisal ................................................................................................. 3 • Effective Date of Value and Appraisal Report ........................................................................... 5 • Assumptions and Limiting Conditions ....................................................................................... 5 • Certification of the Appraisal .................................................................................................... 9 Regional Area and Neighborhood Information
• Regional Area Information ...................................................................................................... 11 - City Location Map ............................................................................................................. 15 • Neighborhood Area Information ............................................................................................. 16 Method of Valuation
• Method of Valuation ............................................................................................................... 22 • Search for Comparable Data ................................................................................................... 22 Aircraft Hangar Buildings
• Property Descriptions .............................................................................................................. 25 - Maps of Hangars ............................................................................................................... 26 - Photographs of Hangars ................................................................................................... 28 • Property Valuation .................................................................................................................. 30 - Enclosed Hangar Buildings ................................................................................................ 30 - T-Hangar Buildings ............................................................................................................ 31 Restaurant Building
• Property Description ............................................................................................................... 33 • Property Valuation .................................................................................................................. 33 - Aerial Photograph ............................................................................................................. 34 - Photographs of Building.................................................................................................... 35 Aviation-Related Ground Leases
• Property Descriptions .............................................................................................................. 37 - Map of Small Parcels ......................................................................................................... 39 - Photographs of Small Parcels ........................................................................................... 40 - Map of Large Parcels ......................................................................................................... 41 - Photographs of Large Parcels ........................................................................................... 42 - Aerial of Air Attack Base Site ............................................................................................ 43 - Photographs of Air Attack Base Site ................................................................................. 44 • Property Valuation .................................................................................................................. 45 Appraisal Report – Porterville Municipal Airport Market Rents ii - Small Land Parcels............................................................................................................. 45 - Large Land Parcels ............................................................................................................ 46 - Air Attack Base Site ........................................................................................................... 47 Farmland Leases
• Property Descriptions .............................................................................................................. 49 - Aerial of Farmland Properties ........................................................................................... 51 - Photographs of Farmland Properties ................................................................................ 52 • Property Valuation .................................................................................................................. 55 - Irrigated Farmland Parcels ................................................................................................ 55 - Dry Farmland Parcels ........................................................................................................ 56 Addenda
• Qualifications of the Appraisers .............................................................................................. 58

INTRODUCTION TO

THE APPRAISAL
Appraisal Report – Porterville Municipal Airport Market Rents 1

THE APPRAISAL PROBLEM
The Porterville Municipal Airport is a general aviation facility encompassing some 940 acres in Porterville, California. It is owned by the City of Porterville and operated as a public-use facility that serves both private and governmental users. A variety of land and building types are available for rental, including aircraft hangar buildings, a restaurant café building, sites suitable for aircraft-related uses, and dry and irrigated farmland.

The appraisal has been prepared in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The results of the appraisal are being communicated in this narrative-style appraisal report that provides a concise presentation of the important facts and information having an impact on the value of the subject properties.

There are several underlying assumptions and conditions that are made throughout this appraisal that affect the value conclusions that are reached. They are detailed later in the Assumptions and Limiting Conditions section of this report and should be fully read and understood to have a proper basis on which to consider the value conclusions.

The appraisers who have prepared and signed this appraisal report are competent to value this type of property and are qualified under the competency rule of the USPAP. A detailed list of the appraisers’ qualifications is shown in the addenda of this report. No one else provided significant professional assistance to the persons signing this report.

This appraisal report is a copyrighted work and neither all nor any part of this document may be copied, reproduced, transmitted, or incorporated into any information retrieval system in any form or by any means without the express written permission of the authors. The descriptions, data, analyses, opinions, and conclusions contained herein are intended for the exclusive use of the client and are to be used solely for the intended use that is stated. The Hopper Company retains all ownership of this work and the client is simply granted a license to use the work for the intended use. © Copyright 2024 by the Hopper Company. All Rights Reserved.

Appraisal Report – Porterville Municipal Airport Market Rents 2

DEFINITIONS OF TERMS
The following terms are used throughout this appraisal report.

Appraisal: The act or process of developing an opinion of value; an opinion of value (noun). Of or pertaining to appraising and related functions such as appraisal practice or appraisal services (adjective). (Uniform Standards of Professional Appraisal Practice, Appraisal Foundation, 2024 edition, pg. 3).

Report: Any communication, written or oral, of an appraisal or appraisal review that is transmitted to the client or a party authorized by the client upon completion of an assignment. Two types of reports may be written under USPAP: Appraisal Report or Restricted Appraisal Report. (Uniform Standards of Professional Appraisal Practice, Appraisal Foundation, 2024 edition, pg. 6).

Real Estate or Real Property: Real estate is an identified parcel or tract of land, including improvements, if any. Real property is the interests, benefits, and rights inherent in the ownership of real estate. (Uniform Standards of Professional Appraisal Practice, Appraisal Foundation, 2024 edition, pg. 5).

Market Rent: The most probable rent that a property should bring in a competitive and open market under all conditions requisite to a fair lease transaction, the lessee and lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue stimulus.

Implicit in this definition is the execution of a lease as of a specified date under conditions whereby:

1. Lessee and lessor are typically motivated;

2. Both parties are well informed or well advised, and acting in what they consider their own best interests;

3. Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and

4. The rent reflects specified terms and conditions typically found in that market, such as permitted uses, use restrictions, expense obligations, duration, concessions, rental adjustments and revaluations, renewal and purchase options, frequency of payments (annual, monthly, etc.), and tenant improvements (Tis).
(The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 116-117).

Fee Simple Interest: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 73).

Leased Fee Interest: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (The Dictionary of Real Estate Appraisal, 7th edition, Appraisal Institute, 2022, pg. 105).

Personal Inspection: The appraiser’s in-person observation of the subject property performed as part of the scope of work. An appraiser’s personal inspection is typically limited to those things readily observable without the use of special testing or equipment. A personal inspection is not the equivalent of an inspection by an inspection professional (e.g., a structural engineer, home inspector, or art conservator). (Uniform Standards of Professional Appraisal Practice, Appraisal Foundation, 2024 edition, pg. 5).

Appraisal Report – Porterville Municipal Airport Market Rents 3

SCOPE OF WORK IN THE APPRAISAL
The scope of work undertaken in this appraisal refers to the type and extent of research and analysis that is performed in answering the appraisal problem and completing the assignment. An appropriate scope of work is determined based on input from the client and it leads to credible assignment results as measured within the context of the intended use of the appraisal. The scope of work includes the degree to which the subject properties are identified and inspected, the type of data that is sought and the level of research that is performed, and the type and extent of analyses that are applied to arrive at opinions and conclusions. Credible assignment results require support by relevant evidence and logic. (Uniform Standards of Professional Appraisal Practice, Scope of Work Rule, Appraisal Foundation, 2024 edition, pgs. 15-16).

Subject Property Identification & Inspection
In this appraisal, the appraisers have sought to become as knowledgeable about the subject properties and the market within which they operate as typical market participants would be. With this goal in mind, it is important to recognize that the appraisal is performed with a limited amount of data and that various legal, monetary, and time constraints may preclude the appraisers from making exhaustive investigations.

The following tasks and investigations have been performed:

The assignment was ordered by Claudia Calderon, Acting Community Development Director for the City of Porterville.

A meeting was held with Richard Tree, Airport Manager, on September 25, 2024 to discuss the appraisal assignment and the statuses of the subject properties. A request was made for certain information that is relevant to the assignment, and Mr. Tree provided a list and maps of the properties to be appraised, details about their sizes, and information about typical lease terms.

Mr. Tree also gave a tour of the airport on that date. During this inspection, the appraisers viewed the various facilities and took notes and photographs of them.

Once additional information was provided and the assignment modified, the appraisers visited the airport again on November 15, 2024 to inspect the properties again along with some additional properties.

Research was performed to determine the property ownerships and an ownership history for each property is researched going back a minimum of three years.

Investigations were made into the applicable zoning and other land use restrictions impacting the use and development of the properties.

Data Research
To properly understand the market in which the subject properties operate, several additional steps are taken:

The surrounding neighborhood area has been visually inspected to identify existing land use patterns and trends, property conditions, potential market transactions, and other influences affecting the properties.

Appraisal Report – Porterville Municipal Airport Market Rents 4 Demographic, regulatory, and economic data on the neighborhood, city, and region of each property are collected from various governmental, Internet, and private sources to help in identifying trends that may be impacting their values.

Specialized research is made into the unique characteristics of each property’s market segment to better understand the forces and factors that influence value and the market conditions affecting supply and demand.

Discussions are held with various market participants to gain insight into market conditions and transactions, including other local airport managers, farmers, and appraisers.

Efforts are made to verify the market data with parties who are knowledgeable of the transactions. All the data used in this appraisal is believed to be reliable and correct, and where inconsistencies or conflicting information is provided only the most trustworthy data is used.

Valuation Analysis
Once the necessary background information about the subjects and their market area are gathered, the following analysis is performed.

Due to the nature of the subject properties, a rental comparison approach to value is performed for each of the property types.

The results of the appraisal process are then communicated in this narrative-style appraisal report that provides a concise presentation of the important facts and information having an impact on the rental value of the subject properties.

Appraisal Report – Porterville Municipal Airport Market Rents 5

EFFECTIVE DATE OF VALUE AND APPRAISAL REPORT
The effective date of value represents the point in time to which the appraisal analyses and opinions pertain, and in this report the date of value is November 15, 2024. This is when the appraisers made their most recent inspection of the airport properties, and all assumptions and analyses used in the appraisal are based upon valuing the properties as of this point in time. The concluded values are current value estimates because the effective date is concurrent with the date that the appraisal report was prepared.

The date of the appraisal report is December 6, 2024. This is the point in time when the final value conclusions were established and the completed appraisal report was transmitted to the client. This date helps to establish the perspective of the appraisers in relation to the effective date of value.

ASSUMPTIONS AND LIMITING CONDITIONS
The assumptions and limiting conditions listed below are central to this appraisal. The list includes basic assumptions and limiting conditions that are typical of many appraisal assignments as well as any extraordinary assumptions or hypothetical conditions that are specific to the subject properties and this assignment. This appraisal should only be relied upon within the context of these items.

Basic Assumptions

1. The information and data reported in this appraisal has been obtained from sources that are deemed to be reliable. They are believed to be correct, but cannot be guaranteed by the appraisers. Sources such as government agencies, financial institutions, attorneys, accountants, appraisers, brokers, and buyers and sellers are believed to be true and correct unless conflicting information is discovered through another source. In cases of conflicting information, only reasonable and verifiable data is used, however, no responsibility for the accuracy of such information is assumed by the appraisers.

2. It is assumed that all information provided by the property owner and any persons employed by them is accurate and complete. This would include information about the subject properties’ physical condition, current and past economic performance, lease agreements, condition of title, and any other items or details that could potentially impact the properties’ valuation.

3. The effective date of value that applies to the opinions expressed in this report is set forth in the appraisal report. The appraisers assume no responsibility for events, conditions, or circumstances that may subsequently arise and alter the economic or physical condition of the subject properties and the opinions and conclusions stated herein.

4. No opinion as to title is rendered. Data on ownership and legal descriptions have been obtained from sources generally considered reliable. Title is assumed to be marketable and free and clear of all liens and encumbrances, easements, and restrictions except those specifically expressed in the report.

Appraisal Report – Porterville Municipal Airport Market Rents 6

5. It is assumed that the properties are in full compliance with all applicable zoning and use restrictions unless otherwise indicated in the report. It is further assumed that the properties are in complete compliance with all federal, state, and local laws and regulations governing environmental issues, unless otherwise indicated.

6. The properties are appraised assuming them to be under responsible ownership and competent management. It is assumed that all required licenses, consents, and other legislative or administrative authority have been or can be obtained for any use on which the value estimates contained in this report have been based.

7. No encroachment of real property improvements is known to exist, and it is assumed that the utilization of the land and any improvements is within the boundaries of the property lines of the properties described in this report, unless otherwise indicated.

8. It is assumed, unless indicated to the contrary in this report, that there are no hidden or unapparent conditions of the properties, their subsoils, or any structures that would render them more or less valuable. No responsibility is assumed for such conditions, and any reports provided to the appraisers by experts in these matters are accepted as true and correct.

9. No opinion regarding the value of subsurface oil, gas, or mineral rights is expressed. The properties are not believed to be encumbered by easements nor rights to surface entry for the exploration or removal of such materials unless expressly stated.

10. Unless otherwise stated in this report, the existence of hazardous material substances, including without limitation asbestos, polychlorinated biphenyls, urea-formaldehyde, foam insulation, petroleum leakage, agricultural chemicals, or other potentially hazardous materials, which may or may not be present on the subject properties, were not called to the attention of nor did the appraisers become aware of such during the appraisers’ inspection. The appraisers have no knowledge of the existence of such materials on or in the properties unless otherwise stated.

The appraisers, however, are not qualified to test or detect such substances. The presence of such hazardous substances may affect the value of the properties. Unless otherwise indicated in the report, all values estimated in this appraisal assume that no hazardous substances exist on or in the properties or in such proximity to them that would cause a loss in value. No responsibility is assumed for any hazardous substances or for any expertise or knowledge required to discover them. The client is urged to retain an expert in this field, if desired.

11. This appraisal report should not be considered an inspection report on the physical nature or condition of the properties. The subjects have been inspected on a casual level and no attempt beyond ordinary visual inspection has been made to determine the adequacy or condition of the properties. The appraisers are not construction, engineering, environmental, or legal experts, and any statements given on these matters should be considered preliminary in nature.

It is assumed, unless otherwise noted, that all improvements meet applicable building codes.

Limiting Conditions

12. This appraisal is provided only for the purpose of property valuation and the appraisers are neither qualified nor attempting to go beyond that narrow scope. The reader should be aware Appraisal Report – Porterville Municipal Airport Market Rents 7 that there are inherent limitations to the accuracy of the information and analysis contained in this appraisal.

13. The liability of the appraisers and the Hopper Company is limited solely to the client and only to the amount of the fee actually paid for the appraisal services. Any third parties not identified as intended users who rely upon this appraisal, its facts, or conclusions, do so at their own risk and waive the right to bring any action, directly or indirectly, against the appraisers or firm.

14. The appraisal report is a technical document designed to serve the specific needs of the client and any other intended users that are specifically identified. Other readers are cautioned that the report may not contain all the information known by the appraisers concerning the subject properties or the real estate market. While no factors considered to be significant have been knowingly withheld, there is a potential that information of importance to another reader may not be included in the report.

15. This appraisal is performed with a limited amount of data. These limitations arise from economic, physical, and legal constraints that prohibit the appraisers from making exhaustive investigations about the subject properties, the real estate market, and the comparable data.

16. A reasonable attempt to gather, investigate, and verify the comparable data used in this appraisal is made by the appraisers consistent with the efforts typically made by other real estate professionals operating in the local market. However, the analyses and conclusions used in this appraisal are subject to the accuracy of such data.

17. No opinion is intended to be expressed for legal matters or that which requires specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers.

18. No engineering survey of the properties has been made by the appraisers. Data relative to size, dimensions, and area are derived from sources deemed reliable. Maps, plats, and exhibits included in the report are for illustration only and should not be relied upon for any other purpose.

19. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the authors, particularly as to the valuation conclusions, the identity of the appraisers or firm with which they are connected, or any reference to the Appraisal Institute or to the MAI or AI-GRS designations.

20. Possession of this report or any copy thereof does not carry with it the right of publication, nor may the same be used for any purpose by anyone except the appraisers, without the previous written consent of the appraisers, and in any event, only in its entirety.

21. No right to expert testimony is included with this report and the fee for this appraisal does not include payment for pre-trial conferences, taking of depositions, exhibit preparation, expert witness fees, or other additional work beyond the initial scope of this assignment. If the appraisers are subsequently required to provide any such services, the client or party initiating the demand will be responsible for payment of expert fees associated with the time and effort needed to provide them.

Appraisal Report – Porterville Municipal Airport Market Rents 8

22. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of the subject properties to determine whether or not they are in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the properties together with a detailed analysis of the requirements of the ADA could reveal that the properties are not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the properties. Since the appraisers have no direct evidence relating to this issue, possible non-compliance with the requirements of ADA was not considered in estimating the values.

23. The age of any improvements to the subject properties mentioned in this report should be considered an estimate based upon circumstantial, conversational, or documented evidence.

24. No separation of land and any improvement values may be used for any other purpose than that delineated elsewhere in this report.

Appraisal Report – Porterville Municipal Airport Market Rents 9

CERTIFICATION OF THE APPRAISAL
We certify that, to the best of our knowledge and belief:
• The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• We have no present or prospective interest in the properties that are the subjects of this report and no personal interest with respect to the parties involved. • We have performed no services, as appraisers or in any other capacity, regarding the properties that are the subjects of this report within the three-year period immediately preceding acceptance of this assignment.
• We have no bias with respect to the properties that are the subjects of this report or to the parties involved with this assignment.
• Our engagement in this assignment was not contingent upon developing or reporting predetermined results.
• Our compensation for completing this assignment is not contingent upon the development or reporting of predetermined values or a direction in value that favors the cause of the client, the amount of the value opinions, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). • We have made a personal inspection of the properties that are the subjects of this report. • No one provided significant real property appraisal assistance to the persons signing this certification.
• The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
• As of the date of this report, we have completed the continuing education program for Designated Members of the Appraisal Institute.
• We are competent to complete this appraisal assignment. Any steps necessary to achieve competency are disclosed in this report.
• This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.

Ross E. Lenz, MAI Keith J. Hopper, MAI, R/W-AC, AI-GRS
CA #AG043508 (expires 1/10/2026) CA #AG002559 (expires 10/4/2026)

REGIONAL AREA AND

NEIGHBORHOOD

INFORMATION
Appraisal Report – Porterville Municipal Airport Market Rents 11

REGIONAL AREA INFORMATION
The Porterville Municipal Airport is in the city of Porterville in Tulare County, California. The county is near the center of the state in the heart of the San Joaquin Valley, a vast 450-mile-long region that forms its interior. While the Valley has long been overshadowed by the major metropolitan areas of Southern California and the Bay Area, it is now the fastest growing section of California and is a rich agricultural region that is often referred to as the “bread basket of the world.” The county of Tulare is one of six counties comprising the southern San Joaquin Valley region of California and it is made up of eight incorporated cities and over 40 smaller unincorporated communities.

Porterville is in the southern section of Tulare County along the foothills of the Sierra Nevada Mountains. The city is 24 miles southeast of Visalia along State Route 65 and some 51 miles north of Bakersfield, the two largest nearby cities. Porterville is also centrally located within California being 165 miles north of Los Angeles, 171 miles east of the Central Coast, and 253 miles south of San Francisco.

Geography
Tulare County is situated between the Sierra Nevada Mountains to the east and the Coastal Mountains to the west. It covers nearly 4,935 square miles with about one-third of the area on the valley floor. The remaining land area is principally in the eastern section of the county and it consists of foothills, timbered slopes, and high mountains. Elevations vary from 270 feet above sea level on the valley floor to a peak of 14,495 feet at the top of Mount Whitney, the highest point in the continental United States.

The county is an area of superlatives and it serves as home to the nation’s tallest mountain, the world’s largest tree, the world’s biggest dairy herd, and the oldest living thing on earth. The giant Sequoia trees, some of the largest and oldest living things, are found in the Sequoia National Park.1
Location & Accessibility
Porterville is one of a relatively small number of medium-sized San Joaquin Valley communities that are not situated along State Route 99, the main corridor running through the heart of the state. Instead, Porterville lies some 30 miles to the east of Highway 99 at the intersection of State Routes 65 and 190.

This remoteness gives Porterville a unique character.

Both Route 65 and Route 190 connect to Route 99, which makes for relatively good accessibility for both truck and passenger traffic. There are several major truck carriers that provide daily service to the area 1 Tulare County Economic Development Corporation, www.sequoiavalley.com.

Appraisal Report – Porterville Municipal Airport Market Rents 12 as well as overnight service to the major metropolitan areas of California. The nearest port facilities are the Los Angeles harbor some 168 miles to the south and the Stockton port situated 193 miles northward.

General aviation and charter airplane services are available at the Porterville Municipal Airport.

Population Trends
While often viewed as the downtrodden sibling to California’s coastal powers, the San Joaquin Valley has emerged as an area on the rise as it has outpaced the Bay Area and Southern California in both population and economic growth. Of the twenty fastest-growing counties in the state, twelve are in the Valley. While many Valley counties have strong birth rates, suggesting residents planting roots in the region are doing so to have children in a place that is far more affordable than the coastal counties, the Valley is also seeing an influx of new residents from other parts of the United States. At the same time, the Bay Area and Southern California are losing tens of thousands of residents to other parts of the state and country.

California’s Department of Finance placed Tulare County’s population at 478,918 people as of January 2024, ranking it 17th in size amongst California’s 58 counties.

This is an increase of 0.9% or 4,238 people over the previous twelve months, and it distinguishes the area as the 8th fastest growing county in California during 2023.2 The state saw a 0.2% increase in population, the first such growth in four years following a period of significant exodus. The southern San Joaquin Valley contributed greatly to the state’s gains with all six of its counties showing population increases. Over the past ten years, Tulare County’s population has grown by 3.7% or a compounded rate of 0.4% per year, and it has continued to increase every year for more than 50 years.

Porterville registered a population of 62,934 people at the beginning of 2024 for an increase of 426 residents or 0.7% for the year. This ranks Porterville fifth amongst Tulare County cities for the rate of growth last year and establishes it as California’s 141st largest city.

Economy & Industry
The primary industry in Tulare County is agriculture and in 2023 the county ranked as the third highest grossing area in the United States with a total commodity value of $7.867 billion. This is a decline of $745.7 million or -8.7% from the prior year’s production value of $8.612 billion, which was an historic high, and it represents the fourth highest valuation on record.

Milk remains the county’s leading commodity with a value of $2.039 billion or 26% of the total crop value, and its $632.1 million reduction in value over the last year contributed greatly to the county’s loss. A 3.9% decrease in milk production coupled with a $7.00 per hundredweight fall in pricing led to the loss. While Tulare County is a leading milk producing area in the U.S., the local dairy industry is struggling under the weight of growing environmental regulations, rising labor 2 California Department of Finance, www.dof.ca.gov
Appraisal Report – Porterville Municipal Airport Market Rents 13 costs, and fluctuating milk prices, which have led some operators to relocate to other states or simply close their facilities.

Value declines were also seen for field crops (-26%), nursery products (-5%), and fruit and nuts (-2%), while increases were recorded for vegetables (46%), livestock and poultry (20%), and apiary products (14%).

Following milk at number one, other top crops included grapes ($997 million), cattle and calves ($911 million), oranges ($797 million), pistachios ($506 million), almonds ($388 million), tangerines ($366 million), lemons ($214 million), nectarines ($206 million), and corn ($196 million).

Tulare County’s crops provide food and fiber to nearly 90 countries throughout the world with the top export countries being China, Korea, Japan, Mexico, Taiwan, and India.3 Labor & Employment
Farm-related employment represents more than one-quarter of all jobs in Tulare County and it is perpetually the largest employment sector. Other sectors that make up the local economy include government, retail trade, manufacturing, educational and health services, leisure and hospitality, professional and business services, and construction.

Tulare County’s available labor pool was 212,300 people as of October 2024 with an unemployment rate of 9.8% for the month. This is higher than the 9.3% jobless level of the previous month, but is consistent with the 9.8% rate experienced a year ago. The job market made great strides in recovering from the peak unemployment level of 18.7% that was experienced in April 2020 when awareness of the COVID-19 virus became widespread, dropping to as low as 7.1% in May 2022, but more recently the economy has slowed and the jobless rate has risen again. For the month, Tulare County ranked 57th out of 58 counties in California for unemployment.

Porterville’s labor force was 26,500 workers in October 2024 with unemployment of 13.5% for the month.

This is similar to the 13.6% jobless level that was reported a month earlier, but is down from the 14.9% experienced a year ago. Some of Porterville’s largest employers include the Porterville Developmental Center, Porterville Unified School District, Walmart, and Sierra View Local Health Care District.

Real Estate Market
The local real estate market has generally been on an upward trend for more than a decade with only periodic pauses in property value appreciation before resuming its push higher to historic value levels.

The rate of value appreciation has slowed in the past two years due to sharp increases in interest rates and steep inflation, but the market has been resilient and property values been steady to increasing.

Previously, home values in Tulare County peaked in December 2005 with a median house price of $269,711, and the low point in the market was reached in April 2011 when house prices sat at a median level of just $111,600. Since the low point of the trough, house values have recovered nicely and in June 3 2023 Tulare County Crop and Livestock Report, September 2024, Tulare County Agricultural Commissioner/Sealer.

Appraisal Report – Porterville Municipal Airport Market Rents 14 2020 the median value stood at $270,000, eclipsing the previous record high for the first time. Since then, existing home prices have continued to rise reaching a new all-time high of $391,750 in October 2024.4 Commercial property values in the local market tend to follow similar trends to those being seen nationally. According to the October 2024 RCA Commercial Property Price Index, a published index that tracks price changes by examining re-sales of commercial properties across the United States, the aggregate index for the core property types (office, retail, industrial, and multifamily) in non-major metropolitan areas saw a 0.2% increase in property prices in the last month. Over the prior 12-month period the index is down -0.8%. “Commercial property prices continued to stabilize in October as the U.S. market gradually moves into recovery mode. . . . As the Federal Reserve began to implement rate cuts earlier this year, the uncertainty on inflation and borrowing costs, which had previously depressed transaction activity, started to diminish. Less uncertainty could foster greater alignment between buyers and sellers on asset pricing as we head into the new year.”5 Conclusions
In general, Tulare County and the city of Porterville are rural areas located in the center of California’s San Joaquin Valley agricultural region. Both experienced population growth in 2023, with Porterville once again showing gains after seeing losses in the two prior years. Unemployment levels remain some of the highest in California and have been trending higher over the last year as the economy slows. The commercial real estate market continues to show unrest as high interest rates, steep inflation, and the upcoming U.S. Presidential election cause uncertainty.
4 Median Prices of Existing Detached Homes, California Association of Realtors, www.car.org 5 RCA Commercial Property Price Indices, October 2024, Real Capital Analytics, www.rcanalytics.com.

Appraisal Report – Porterville Municipal Airport Market Rents 15

CITY LOCATION MAP
Appraisal Report – Porterville Municipal Airport Market Rents 16

NEIGHBORHOOD AREA INFORMATION
The neighborhood area where the subject properties are located is generally referred to as the airport district of Porterville. The Porterville Municipal Airport is an important and vital part of the community and it is the anchor of this neighborhood.

Boundaries & Location
The boundaries that delineate this neighborhood are State Route 190 on the north, Teapot Dome Avenue (Avenue 128) on the south, State Route 65 on the east, and Roads 216 and 224 on the west.

The neighborhood is situated in the southwest quadrant of Porterville’s urban area to the southwest of the intersection of State Routes 65 and 190. It is some 1½ miles southwest of the downtown central business district of the city, which is home to City Hall, the financial district, and an older retail and office area of town. The more modern retail district is found two miles to the north along Henderson Avenue.

The campus of Porterville College is 1¼ miles to the east.

Access & Linkages
Two of the main entrances to the city are State Routes 65 and 190. These public highways provide important linkages to other nearby communities as well as to major freeways like State Route 99, which runs through the heart of the San Joaquin Valley. State Route 65 helps to connect Porterville with Appraisal Report – Porterville Municipal Airport Market Rents 17 Bakersfield to the south and Visalia to the north, the two nearest population centers of over 100,000 people each.

Other important streets within the neighborhood include Scranton Avenue (Avenue 136), Westwood Street, Teapot Dome Avenue (Avenue 128), and Newcomb Street (Road 232). These roads carry much of the traffic in and through the neighborhood, and they cross or intersect with the surrounding highways.

Neighborhood History
The Porterville Municipal Airport was originally used as a military facility and aviation training area dating back to the time of World War I. The runway and surrounding land were owned and operated by the federal government. In 1948, the property was deeded to the City of Porterville following passage of the Surplus Property Act of 1944.

The city has continued to own and operate the airport since that time, and it now consists of some 940 acres of land. It is classified as a General Aviation Airport in the National Plan of Integrated Airport Systems (NPIAS), which refers to airports that do not receive scheduled commercial service. The airport has a single runway measuring 6,000 feet in length and 150 feet wide along with appropriate taxiways and aprons. Several different types and sizes of hangars are available along with open aircraft tie-downs.

Aircraft fueling services and a café also cater to pilots. Plans are now underway to lengthen the runway to 7,800 to accommodate larger aircraft, and in 2022 the city was awarded a $4.44 million grant from the Federal Aviation Administration to rehabilitate parallel taxiways and reconfigure connecting taxiways.

A variety of general aviation aircraft utilize the facility, including single- and multi-engine propellers, turbojet, and helicopters.6 The U.S. Forest Service and the California Department of Forestry and Fire Protection also jointly maintain a base of operations for firefighting in the nearby Sequoia and Kings Canyon National Parks.

In recent years, the city has been acquiring farmland in the immediate area of the airport. The purpose has been to provide land where effluent water from the city’s sewer treatment plant can be spread, but they have also made some efforts to encourage development of urban service commercial or industrial facilities that are compatible with the airport itself. While these efforts are bearing some fruit, much of the neighborhood remains rural in character with significant ongoing farming operations.

Urban Land Uses
The entire neighborhood area is now within Porterville’s urban area boundary, which is its sphere of influence, although not all properties are inside the urban development boundary that governs where annexations are allowed. With the urban development boundary, the General Plan designates a mix of Industrial, Industrial Park, Public/Institutional, Parks and Recreation, Residential, and Retail Center type uses. 6 Airport Layout Plan Narrative Report, prepared for the City of Porterville by Aries Consultants Ltd in association with Tartaglia Engineering, April 2006.

Appraisal Report – Porterville Municipal Airport Market Rents 18 Much of the existing urban development is centered around the airport where various aircraft, industrial, and public utility companies have located. Businesses engaged in aircraft maintenance and storage are found in a small business park next to the airport along with other companies doing light manufacturing, construction, or vehicle repair. Other businesses outside of the immediate airport environs include Young’s Trucking, Porterville Sheltered Workshop, SoCalGas, and Southern California Edison Company.

Public uses are often recreation oriented. This includes the Porterville Sports Complex, an 83-acre facility that offers soccer fields, baseball and softball diamonds, and an off-highway vehicle park. The Porterville Fairgrounds were also relocated to a 25-acre site in this neighborhood, and now the annual fair and other periodic exhibitions and events are held here. Recently, the County of Tulare completed construction of the South County Detention Facility, a 100,000-square-foot jail that can house 519 inmates that is located along Scranton Avenue, north of the airport.

Airport-related facilities include various airplane repair, maintenance, storage, fuel, and hangar buildings.

A restaurant and airplane fueling facilities situated just off the airport runway help to attract travelers, as there are few airports between Los Angeles and Sacramento that offer the convenience of both services.

One major project that opened in 2023 is the Eagle Mountain Casino. The Tule River Indian Tribe relocated its existing casino operations from their reservation about 15 miles away to a 40-acre site west of the airport. The new facility includes 105,000 square feet of casino gaming space along with several restaurants and lounges. Also being planned are a 250-room hotel, a 1,700-seat entertainment center, and a banquet hall and meeting space.

Residential land uses represent a relatively minor part of the neighborhood. They are mostly situated near the northeast corner where a rural subdivision was developed several decades ago. These homes are typically of low to fair quality and are in fair to poor condition. No new urban subdivision development has taken place in the neighborhood in recent years and the General Plan does not envision any expansion of residential uses into the area. While the General Plan does designate some lands along the highways as Retail Centers, no commercial development has yet taken place and none is reasonably expected for many years to come.

Rural Land Uses
Despite the growing impact of urban development on the neighborhood, much of the land area is still devoted to rural uses. Ample acreages of farmland are actively being used in the production of oranges, alfalfa, oat hay, wheat, and olives. Because of the neighborhood’s proximity to town, the area is also popular for rural residences and several homesites are scattered through the area, often on large farming properties.

Those lands that have not yet been annexed by the city continue to be controlled by the county, who has zoned them primarily for exclusive agricultural uses with 10 to 20-acre minimum parcel sizes. This zoning is intended to help protect the general welfare of the agricultural community from encroachments of unrelated uses.

Appraisal Report – Porterville Municipal Airport Market Rents 19 Tule Sub-Basin
The entire neighborhood is in the boundaries of the Tule Sub-basin, which was formed in the wake of California’s passage of the Sustainable Groundwater Management Act (SGMA) in September 2014. This act understands that local agencies are best positioned to assess the condition of their groundwater basins and take steps to bring them back into balance after chronic long-term overdraft.

The Tule Sub-basin has six groundwater sustainability agencies (GSAs) who are working together to coordinate activities throughout the sub-basin. Three GSAs overlap the neighborhood, with the Eastern Tule GSA (ETGSA) having the largest reach. This GSA is comprised of the City of Porterville, Porterville Irrigation District, Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and the County of Tulare. In total, ETGSA encompasses 161,174 acres of land area, and more than half of the acreage does not receive surface water as part of an irrigation district or water system.

The Tule Sub-basin’s reliance on groundwater has led to overdraft of nearly 115,300 acre-feet per year, with ETGSA accounting for about 61,000 acre-feet or just over one-half of that total. In addressing the situation, ETGSA is establishing water budgets for landowners that will lead toward sustainability. While credits will be given for water banking, penalty fees will be imposed on users who exceed their allotment. Requirements to reduce groundwater pumping begin gradually during the first 10 years and then become more aggressive in the latter half of the transition period.7 “Overpumping of groundwater has depleted aquifers, dried up household wells and degraded ecosystems. The land is literally sinking, throttling the Friant-Kern Canal, a major artery that bisects the area on its way to bringing much-needed water south to farms and communities in Kern County.” The Friant-Kern Canal passes through the ETGSA, including much of the canal’s middle reach where the capacity correction project is planned, so ETGSA is now working to adopt a Land Subsidence Monitoring and Management Plan. This plan will implement measures necessary to minimize future non-recoverable land subsidence along the canal in the SGMA transition period from 2020 to 2040, and thereafter preclude subsidence entirely. Despite these efforts, ETGSA still anticipates that another three feet of subsidence to the canal will occur during the transition period, and as a result they have come to an agreement where they will fund up to $200 million in repairs to the canal.

The land subsidence plan proposes to establish managed areas where groundwater management actions may be different than those specified in ETGSA’s groundwater sustainability plan. The managed area will extend two miles east and west of the Friant-Kern Canal from the Tule River south to the southern boundary of the ETGSA, and 96 management zones will be established in this area. The land elevation in each management zone was measured as of January 2020, and as future subsidence occurs increasing limitations will be imposed on groundwater pumping. 7
In the heart of the San Joaquin Valley, two groundwater sustainability agencies try to find their balance, Water Education Foundation, Gary Pitzer and Douglas E. Beeman, January 29, 2021.

Appraisal Report – Porterville Municipal Airport Market Rents 20 Adjoining Areas
The neighborhoods to the north and east are similar to the subject’s rural land uses. They are comprised primarily of scattered rural homesites and production agriculture. Agriculture in the area includes oranges, olives, walnuts, alfalfa, oat hay, table grapes, and lemons. Some new urban residential development is also beginning to occur in this area.

The neighborhoods to the south and west of the subject’s neighborhood are outside of the Porterville city limits and urban planning boundary. They too are decidedly agricultural in nature. The Friant-Kern Canal passes through this area on a portion of its 152-mile course taking water from Millerton Lake to the Kern River.

Conclusion
The subject neighborhood is a remote industrial, public, and residential area of Porterville that is on the outskirts of town. For many years, the most prominent use was the Porterville Municipal Airport followed by open space and recreation facilities owned by the City of Porterville. With the Eagle Mountain Casino now open, there is additional interest being shown in the neighborhood and property values have risen in the past two years.

METHOD OF

VALUATION
Appraisal Report – Porterville Municipal Airport Market Rents 22

METHOD OF VALUATION
There are three approaches to value that are often used in appraisals for estimating market value, but market rent is more commonly determined using only a rental comparison approach. This is a derivation of the sales comparison approach, which is based on the principles of supply and demand, substitution, and balance; these principles often lead market participants to value properties based on the prices, or rents, being paid for other similar and competing properties in the local market. On this basis, the rental comparison approach seeks to estimate market rent for the subject properties by comparing them to the rental rates and terms being obtained for other airport-related properties that are either leased or being offered for lease.

Search for Comparable Data
In searching for comparable lease data for each of the subject’s different property types, research is done of other airport facilities in the Southern San Joaquin Valley of California. Useful information was obtained from seven public airports, all of which are owned and operated by local cities. These are general aviation facilities that do not offer any commercial passenger flights. The airports from which data is used in this appraisal are summarized below.

Visalia Municipal Airport encompasses 821 acres located near the interchange of State Routes 99 and 99.

It features a single runway that is 6,559 feet in length and 150 feet wide along with a 50-foot-wide fulllength taxiway. The airport previously had commercial aviation services provided by United Airlines, SkyWest, Great Lakes Airlines, SeaPort Airlines, and Scenic Airlines, but this ended in 2016. Now, the airport is used by freight carriers, private aviation, charter services, and aircraft maintenance and fueling providers. Facilities include a commercial terminal, a business aviation terminal, several public and private aircraft hangars, a fire station, a helicopter pad, and numerous open tie-down aprons for aircraft. The airport does not have an air traffic control tower, but does offer an instrument landing system and modern runway lighting.

Mefford Field Airport in Tulare is situated along State Route 99 highway at the southern end of the city, and it accommodates both local and transient aircraft. The 180-acre airport handles nearly 30,000 annual flight operations on its single runway, which measures 3,901 feet long by 75 feet wide. Other facilities include six hangar buildings, two 10-unit T-hangars, and twelve single-engine individual hangars.

Hanford Municipal Airport is found along State Route 198 highway on the eastern edge of the city, and it is the only publicly-owned airport in Kings County. The airport spans 295 acres and has a single runway that is 5,180 feet long by 75 feet wide; it is designed to accommodate aircraft with wingspans up to 79 feet and speeds up to 121 knots. West of the runway, a parallel taxiway and exit taxiways provide connections to the fixed base operator, aircraft parking and storage areas, and the fueling facility. A fixed base operator building is present along with box, shade, and T-hangars and an aircraft wash rack.

Delano Municipal Airport is a 520-acre facility situated along State Route 99 at the city’s southern end.

The runway is 5,659 feet long by 75 feet wide and is used on a regular basis by military, air charter, air ambulance, and other flying services. The city has a variety of hangars available for rent as well as land parcels. Aviation fueling is available by card lock system along with a terminal building.

Appraisal Report – Porterville Municipal Airport Market Rents 23 Bakersfield Municipal Airport is one of two publicly-owned aviation facilities in the city. While the larger Meadows Field Airport is the primary commercial airport handling both domestic and international flights, this is a smaller general aviation facility. It is in the central part of the city, some two miles east of State Route 99 highway. The airport grounds cover 253 acres and they accommodate a runway of 4,000 feet in length by 75 feet in width. It is home to more than one hundred aircraft. Facilities consist of 20 T-hangars, a hex hangar building, two box hangars, shade ports, a commercial hangar, a fixed base operator building, an airport office, and a fuel depot.

Reedley Municipal Airport is one of the smallest public airports in Fresno County and it is located four miles north of the city in a rural area. The airport encompasses 138 acres and has a single asphalt-paved runway that is 3,300 feet long and 60 feet wide. Hangars of different sizes are available along with aircraft tie-downs, and a fixed base operator handles fuel sales. The facility is used mostly for general aviation activities and is also home to Reedley College’s aviation education program.

Woodlake Airport spans just 87 acres and it is situated on the southern edge of town next to the St. John’s River. The airport’s single runway measures 3,000 feet in length and is 50 feet wide. Hangars and tiedowns are provided for storing aircraft and fueling is also available. This is also one of the few airports to have a restaurant, and the Runway Café is popular with both aviation enthusiasts and local residents.

AIRCRAFT HANGAR

BUILDINGS
Appraisal Report – Porterville Municipal Airport Market Rents 25

AIRCRAFT HANGAR BUILDINGS
The City of Porterville owns several hangar buildings and T-hangars that are designed to store aircraft.

They are summarized in the table below.

CITY-OWNED HANGAR BUILDINGS
Porterville Municipal Airport
Lot
No.

Hangar
Type
Building
Size – SF
Aircraft
Capacity
1 Enclosed Hangar 6,300 Multiple aircraft
2 Enclosed Hangar 6,300 Multiple aircraft
31-A Enclosed Hangar 4,720 Multiple aircraft
32-A Enclosed Hangar 5,400 Multiple aircraft
31-C T-Hangar 12,600 6 aircraft
32-B T-Hangar 2,100 1 aircraft
32-C T-Hangar 2,100 1 aircraft
32-D T-Hangar 2,100 1 aircraft
The larger enclosed hangars can hold multiple aircraft, while the T-hangars are designed for a single plane.

Each building spans the entire land parcel, which are typically rectangular in shape and have electricity, water, and sewer services available. They are accessed by asphalt drives that extend throughout the airport with electronic access-control gates at the various entrances to the airport grounds.

The buildings are one-story structures that are constructed over concrete slab-on-grade floors. The exterior walls have rigid steel or wood stud framing and they are covered with corrugated metal wall panels. Gable-style roofs cover the hangar buildings and the T-hangars have shed roofs. They are supported on metal or wood trusses and are topped with metal roof panels. The interiors of the buildings are largely unfinished and they have few, if any, partitions. One exception is the building on lot 1 that offers a small finished office area. The buildings differ in age, but they are typically of average quality and have been maintained in fair to average conditions.

Appraisal Report – Porterville Municipal Airport Market Rents 26

MAP OF HANGAR BUILDINGS
Appraisal Report – Porterville Municipal Airport Market Rents 27

MAP OF T-HANGARS
Appraisal Report – Porterville Municipal Airport Market Rents 28 View of the city-owned hangar buildings on lots 1 and 2.

View of the city-owned hangar building on lot 32-A.

Appraisal Report – Porterville Municipal Airport Market Rents 29 View of city-owned T-hangars.

Exterior view of a typical city-owned T-hangar.

Appraisal Report – Porterville Municipal Airport Market Rents 30

PROPERTY VALUATION
The rental comparison approach is used to value each of the hangar types separately.

Enclosed Hangar Buildings
Four of the surveyed airports reported rental information for enclosed hangar buildings. Additionally, lease information for one of the subject’s tenants has been provided. This data is summarized in the table below.

COMPARABLE RENTAL DATA
Enclosed Hangar Buildings
Airport
Location
Hangar
Size – SF
Monthly
Rent
Rent
per SF
Rent
Increases
Lease
Term
Hanford 8,100 $1,900.00 $0.23 Annual CPI Year-Year
Delano 1,380 $193.70 $0.14 Annual CPI 1 – 5 years
Visalia 4,375 $1,750.00 $0.40 Annual CPI 4 years
Bakersfield 800 $200.00 $0.25 Flat Year-Year
Porterville (31-A) 4,720 $154.19 $0.03 Annual CPI 10 years The information obtained from other airports indicates current rental rates of $0.14 to $0.40 per square foot per month, which is much higher than the $0.03 per square foot per month now being paid for one of the subject’s enclosed hangar buildings. Most of the leases specify annual rent increases based on changes in the Consumer Price Index (CPI). The leases tend to be for short periods, like one year, but in some instances tenants will sign for longer terms of 4 to 10 years.

The subject hangar building on lot 1 is a medium-aged structure and it includes some finished office space.

This warrants a rental rate near the middle of the surveyed range, so $0.25 per square foot per month is concluded. A similar building is on lot 2, but it lacks any office space, so a lower rental rate of $0.23 per square foot per month is determined to be reasonable.

The enclosed hangar buildings on lots 31-A and 32-A are older structures that offer no finished office space. These are some of the oldest buildings at the airport and their conditions are inferior to the other enclosed hangar buildings. This warrants a somewhat lower rental rate of $0.20 per square foot per month.

Thus, the following market rent conclusions are reached for the subject’s enclosed hangar buildings:

Lot 1 6,300 s.f. x $0.25 = $1,575.00 per month
Lot 2 $1,450.00 per month
Lot 31-A $945.00 per month
Lot 32-A 5,400 s.f. x $0.20 = $1,080.00 per month
Appraisal Report – Porterville Municipal Airport Market Rents 31 T-Hangar Buildings
T-hangar are popular at many of the airports for storing aircraft out of the elements. Five surveyed airports provided details of their rents for this type of space, as shown below. The table also includes the subject’s T-hangars that are currently leased.

COMPARABLE RENTAL DATA
T-Hangar Buildings
Airport
Location
Monthly
Rent
Rent
Increases
Lease
Term
Hanford $194.00 None Month-Month
Delano $184.22 None 1 – 5 years
Bakersfield $180.00 None Month-Month
Reedley $247.00 None Month-Month
Woodlake $200.00 None Month-Month
Porterville (32-B) $68.60 Annual CPI 10 years
Porterville (32-C) $68.60 Annual CPI 10 years
Porterville (32-D) $68.60 Annual CPI 10 years
The comparable data reflects rents of $180.00 to $247.00 per month. Most of these are month-to-month leases without a fixed term, so they do not have any scheduled rent increases.

Three of the subject’s T-hangars are leased and they are all paying $68.60 per month. As before, this is much lower than the comparable airports are bringing. The primary difference is that these are for 10- year terms with annual rental increases based on the CPI index.

In the end, market rent of $200.00 per month is concluded for the subject’s city-owned T-hangars buildings.

RESTAURANT

BUILDING
Appraisal Report – Porterville Municipal Airport Market Rents 33 AIRWAY CAFÉ BUILDING
The Airway Café restaurant is a freestanding building located at the main entrance to the Porterville Municipal Airport. It is owned by the City of Porterville and was previously used as an administrative office for the airport, but it is now entirely used by a restaurant tenant.

Property Description
The café does not occupy its own land parcel, but it utilizes approximately 20,000 square feet of site area and has access to a shared parking lot at the front of the airport grounds. The site is level in topography and receives all public utility services.

The building is a one-story structure containing 3,123 square feet. It is built atop a concrete perimeter foundation with a concrete slab floor. Exterior walls are formed by concrete block, while the roof overhead has both flat and shed-style sections that are finished with composition materials. Glass storefront doors are placed at the entrances and windows provide natural light and views.

The building’s interior is divided into an open waiting room/pilots lounge, two dining rooms, a commercial kitchen, two restrooms, and a small office. Floors are covered with luxury vinyl plank and vinyl composition tile, walls are framed with wood studs covered with sheetrock, and the ceilings are also finished with sheetrock. Central heating and cooling are supplied to the building and ceiling fans help to circulate the air.

It is not known when the building was constructed, but it is estimated to have an effective age of 50 years old. The quality of construction is rated as average and the building is in average condition.

Property Valuation
The subject property is currently leased for a 5-year term that will expire on March 31, 2027, and the tenant has one 5-year renewal option. Base rent is currently $1,403.29 per month or $0.45 per square foot. No rent increases are specified. The structure of the lease is also not clarified, but it is believed to be modified gross, which requires to the tenant to also pay for utilities and premises maintenance expenses.

A few of the surveyed airports have restaurant facilities, but most of these are ground leases. The only building lease discovered is at the Woodlake Airport. The Runway Café is a 1,200-square-foot restaurant that serves breakfast and lunch. They are now paying rent of $1,800.00 per month, which is equal to $1.50 per square foot on a modified gross basis. The rent increases $50 per month (about 2.78%) each year.

This facility is very similar to the subject property, although it is considerably smaller. While larger buildings tend to command lower rental rates, the subject’s current rent of $0.45 per square foot is below a market level. A market-oriented rental rate of $1.25 per square foot is concluded, which translates to a rounded rental of $3,900.00 per month. The lease would be for a term of at least five years with annual rent increases of 2% to 3%. It would be structured on a modified gross basis.

Appraisal Report – Porterville Municipal Airport Market Rents 34

AERIAL PHOTOGRAPH
Appraisal Report – Porterville Municipal Airport Market Rents 35 Front view of the Airway Café building.

Interior view of the restaurant showing one of the dining rooms.

AVIATION-RELATED

GROUND LEASES
Appraisal Report – Porterville Municipal Airport Market Rents 37

AVIATION-RELATED GROUND LEASES
There are several land parcels that are part of the airport facility that are available to be leased for aviation-related uses. These include small pad sites suitable for constructing a hangar building or T-hangar as well as larger parcels that can support larger hangar buildings. The City of Porterville leases the ground and allows the lessee to construct their own improvements.

Small Land Parcels
This appraisal includes the valuation of 30 small land parcels that are summarized in the table below.

SMALL AVIATION-RELATED LAND PARCELS
Porterville Municipal Airport
Lot
No.

Land
Area – SF
Lot
No.

Land
Area – SF
34-A 2,350 44-B 4,200
34-B 2,350 44-C 4,200
34-C 2,350 45 5,180
34-D 2,350 46-A 3,220
34-E 2,350 46-B 3,080
34-F 2,350 46-C 3,780
36 4,200 46-D 3,780
37 4,200 46-E 3,220
38 4,200 47 6,271
39 4,200 49-A 2,600
40 4,200 49-B 2,700
41 4,200 60 3,240
42 4,200 61-A 4,320
43 4,200 61-B 3,844
44-A 4,200 61-C 3,844
These parcels are clustered at the northern end of the airport just east of the taxiway. They range in size from 2,350 to 6,271 square feet and can support buildings of equal size. These are finished parcels that have level topographies and are ready for building construction. Utilities are available and asphalt-paved drives lead to them from the security-gated airport entrances.

Large Land Parcels
Twelve larger-sized vacant land parcels that can support bigger buildings are also available at the Porterville Municipal Airport. Seven of these parcels are situated near the middle of the airport facility, while the other five are at the northern end amongst the small land parcels. These sites are typically rectangular in shape and they have level topographies. Utilities are readily available and the parcels are ready for building construction. They are accessible by way of the system of asphalt-paved driveways and Appraisal Report – Porterville Municipal Airport Market Rents 38 aprons that serve the airport. The parcels range in size from 11,400 to 34,202 square feet and they are summarized in the table below.

LARGE AVIATION-RELATED LAND PARCELS
Porterville Municipal Airport
Lot
No.

Land
Area – SF
Lot
No.

Land
Area – SF
6 30,000 17 15,422
7 34,202 30-A (1,2,3) 18,760
8 11,400 30-B 14,000
9 18,750 31-B 14,000
10 18,750 33 14,000
12 22,200 35 14,000
Additionally, a 28± acres of land at the southern end of the airport is ground leased to CalFire and the U.S.

Forest Service as the site for an air attack base for fighting fires in the nearby southern Sierra Nevada Mountains and national forests. The interagency base has existed for several decades and is improved with several buildings housing offices, a communications center, crew quarters, vehicles, and equipment.

The site has extensive paving for a parking lot, taxiways, and helicopter pads.

The site is irregular in shape and has frontage along Newcomb Street. Access is available from Newcomb Street and from within airport by way of taxiways and aprons. The land is level in topography and appears to have stable soils. All public utilities are available and extended to the site.

Appraisal Report – Porterville Municipal Airport Market Rents 39

MAP OF SMALL AVIATION LAND PARCELS
Appraisal Report – Porterville Municipal Airport Market Rents 40 Exterior view of some small hangar ground lease parcels that have been improved with private hangars.

View of a vacant small land parcel available for ground lease.

Appraisal Report – Porterville Municipal Airport Market Rents 41

MAP OF LARGE AVIATION LAND PARCELS
Appraisal Report – Porterville Municipal Airport Market Rents 42 View of a large land parcel that is ground leased
and improved with a private hangar.

View of a ground leased large land parcel that is improved with buildings.

Appraisal Report – Porterville Municipal Airport Market Rents 43

AERIAL OF AIR ATTACK BASE SITE
Appraisal Report – Porterville Municipal Airport Market Rents 44 View of the Air Attack Base site
looking northeast across the parcel.

View of the vacant portion of the Air Attack Base
looking northwest across the site.

Appraisal Report – Porterville Municipal Airport Market Rents 45

PROPERTY VALUATION
Once again, the rental comparison approach is employed to estimate market rent for the subject parcels.

Small Land Parcels
Of the similar airports that have been surveyed for this appraisal, three of them have provided information about ground leases for smaller-sized land parcels. These are shown in the table below.

COMPARABLE RENTAL DATA
Small Land Parcels
Airport
Location
Parcel
Size – SF
Annual
Rent
Rent
per SF
Rent
Increases
Lease
Term
Hanford 1,600 – 5,000 $850 – $1,995 $0.40 - $0.45 Annual CPI 15 – 25 years Woodlake 2,000 $1,380 $0.69 Annual CPI 20 years
Delano 2,665 – 3,360 $2,653 – $2,690 $0.80 - $1.00 2% Annual 2 – 5 years Porterville 2,350 – 6,271 Varies $0.39 Annual CPI 5 – 15 years Many of the subject’s small land parcels are also leased. These tenants are all paying $0.39 per square foot per year with annual increases based on the change in the CPI. These leases are for 5 to 15-year terms with 10 to 15 years being most common; some tenants also have 5-year renewal options available.

The contract rental rate being paid for the subject’s small land parcels is below all the other similar airports. There is a wide span of rents being paid elsewhere, ranging from $0.40 to $1.00 per square foot per year with a midpoint of around $0.70 per square foot. The Porterville Municipal Airport compares well with the others, so a rental rate that is somewhat above the survey’s midpoint is reasonable and $0.80 per square foot per year is concluded. The individual market rents are summarized below.

GROUND RENT CONCLUSIONS
Small Land Parcels
Lot
No.

Land
Area – SF
Annual
Rent
Lot
No.

Land
Area – SF
Annual
Rent
34-A 2,350 $1,880 40 4,200 $3,360 46-C 3,780 $3,024
34-B 2,350 $1,880 41 4,200 $3,360 46-D 3,780 $3,024
34-C 2,350 $1,880 42 4,200 $3,360 46-E 3,220 $2,576
34-D 2,350 $1,880 43 4,200 $3,360 47 6,271 $5,017
34-E 2,350 $1,880 44-A 4,200 $3,360 49-A 2,600 $2,080
34-F 2,350 $1,880 44-B 4,200 $3,360 49-B 2,700 $2,160
36 4,200 $3,360 44-C 4,200 $3,360 60 3,240 $2,592
37 4,200 $3,360 45 5,180 $4,144 61-A 4,320 $3,456
38 4,200 $3,360 46-A 3,220 $2,576 61-B 3,844 $3,075
39 4,200 $3,360 46-B 3,080 $2,464 61-C 3,844 $3,075
Appraisal Report – Porterville Municipal Airport Market Rents 46 Large Land Parcels
For the subject’s larger-sized land parcels, data has been obtained from four similar airports. Their reported rental rates and terms are shown in the following table.

COMPARABLE RENTAL DATA
Large Land Parcels
Airport
Location
Parcel
Size – SF
Annual
Rent
Rent
per SF
Rent
Increases
Lease
Term
Hanford Over 5,000 $2,035 $0.40 Annual CPI 15 – 25 years Bakersfield 15,600 $2,800 $0.18 Annual CPI 15 years
Reedley 11,250 $3,600 $0.32 Annual CPI 30 years
Visalia 43,560 – 65,000 $11,326 – $28,080 $0.26 – $0.43 Annual CPI 20 – 35 years Porterville 11,400 – 34,202 $1,540 – $13,407 $0.11 – $0.39 Annual CPI 10 – 20 years All but one of the subject’s large land parcels are now ground leased. Current contract rents range from $0.11 to $0.39 per square foot per year and they average $0.24 per square foot. There appears to be little correlation between the size of the parcels and the rental rate. Leases tend to be for 10 to 20-year periods, and some tenants have been granted the option to extend for another 10 to 20 years. Rents are to be adjusted annually based on the CPI.

Five of the subject’s tenants are paying $0.39 per square foot per year and these parcels span the full range of sizes from 11,400 to 34,202 square feet of land area. This rate is within the range reported by the other surveyed airports and is determined to be market oriented. As a result, a market level ground lease rate of $0.39 per square foot is concluded for the subject’s large parcels as summarized below.

GROUND RENT CONCLUSIONS
Large Land Parcels
Lot
No.

Land
Area – SF
Contract
Rent
Market
Rent
Lot
No.

Land
Area – SF
Contract
Rent
Market
Rent
6 30,000 $3,270 $11,700 17 15,422 $6,045 $6,015
7 34,202 $13,407 $13,339 30-A (1,2,3) 18,760 $7,354 $7,316 8 11,400 $4,469 $4,446 30-B 14,000 $1,806 $5,460
9 18,750 $3,802 $7,313 31-B 14,000 Vacant $5,460
10 18,750 $2,119 $7,313 33 14,000 $1,540 $5,460
12 22,200 $2,509 $8,658 35 14,000 $5,488 $5,460
Appraisal Report – Porterville Municipal Airport Market Rents 47 Air Attack Base Site
The Air Attack Base site has substantially more land area than the subject’s other large land parcels and a new data set is necessary to estimate market rent for it. The table below details information on existing ground leases and the asking rates for large acreage parcels in the San Joaquin Valley. Four of the data items are at airports, while the data item in Fresno has no airport proximity.

COMPARABLE RENTAL DATA
Large Acreage Ground Leases
Airport
Location
Parcel
Size – Acres
Annual
Rent
Rent
per Acre
Rent
Increases
Lease
Term
Property
Use
Visalia 1.21 $34,376 $28,410 Annual CPI 50 years Hotel
Porterville 34.72 $124,715 $3,592 Annual CPI 21 years Solar Farm Fresno 6.16 $129,892 $21,086 +2% per year 5 years Truck Yard Delano 28.60 $143,555 $5,019 +2% per year 5 years Yard Space Visalia 5.00 $33,977 $6,795 Annual CPI 25 years Available The subject site has approximately 28 acres of land area and benefits from its street frontage and utility availability. The comparable data shows a strong inverse relationship between rental rates and land area, with the data item in Delano being most comparable in size. Considering the scale of the subject property and its physical and locational features, a market-oriented rental rate of $5,000 per acre is concluded.

This is multiplied by the size of the parcel to arrive at the following total rent indication:

Land Area x Ground Lease Rate = Total Market Rent

28.00 acres x $5,000 = $140,000 per year

FARMLAND
LEASES
Appraisal Report – Porterville Municipal Airport Market Rents 49

FARMLAND LEASES
There are several parcels in and around the Porterville Municipal Airport that can be farmed. Some of these properties are irrigated land, which greatly increases the types of crops that can be grown, while others are dry farmed with no source of irrigation water other than natural rainfall.

Irrigated Farmland Parcels
Two parcels of irrigated farmland are included in this appraisal. Both are adjacent to Porterville Municipal Airport, but they are outside of its secure fenced perimeter.

Scranton & Westwood
The first is a 160.62-acre parcel (APN 302-480-001) located at the northwest corner of Scranton Avenue and Westwood Street, and it is north across the street from the airport. The square-shaped property has one-half mile of frontage along both streets. The land has been leveled for flood irrigation of crops and the site is at-grade to slightly below the height of the fronting streets. Electrical service has been extended to the property.

Water is distributed around the property using an underground pipeline that runs along the east property line as well as by earthen furrows. Water is delivered to the site by a pressurized line from the City of Porterville’s sewer treatment facility, and it can only be used for growing crops for non-human consumption. The availability and volume of this effluent water varies from day to day, but the tenant is in control of when and where the water is distributed over the property. The land has historically been used to grow field crops, like alfalfa and silage corn.

Sports Complex Lot
The second property is an irregular-shaped site that is now used as part of the Porterville Sports Complex.

It is located at the complex’s main entrance along the south side of Scranton Avenue, east of West Street (portions of APNs 302-110-054, 302-110-074, 302-110-076). The property has 35.23 acres of land area.

Access comes from a single drive approach along Scranton Avenue, and curb and gutter off-site improvements are in place along the street frontage. All public utilities are available to service the property. The land is at-grade with the street height and it has a mostly level topography.

A portion of the site is paved with concrete for use as a parking lot by the sports complex, and there are 331 striped parking stalls. Additional parking for the complex comes from a dirt lot with a light decomposed granite topping. Some landscaping is in place, including grass, trees, and shrubs that are irrigated by sprinklers. A decorative monument sign at the entrance identifies the complex. It is assumed in this appraisal that all the improvements are the property of the Porterville Parks and Recreation Department, and the lessees will or can be required to remove these improvements and return the land back to a vacant, level, and environmentally-clean condition once the ground lease ends.

Appraisal Report – Porterville Municipal Airport Market Rents 50 Dry Farmland Parcels
There are several dry farmland parcels that are included in this appraisal, and they are identified as three properties.

Parachute Landing Site
The first property is an irregular-shaped site situated within the airport’s fenced perimeter to the west of the runway (portion of APN 302-110-076). This is open vacant land containing 179± acres. It is now leased for use as a parachute landing field, but could be dry farmed. It has a level topography and the soils are suitable for growing field crops, but no source of water for irrigation is provided.

Farmed Airport Land
The next property is comprised of seven noncontiguous parcels situated around the perimeter of the runway, both inside and outside the airport’s fence line. These parcels range in size from 3.31 to 65.90 acres and they combine for a total land area of 149.93 acres. While not physically adjoining, these parcels are near each other and are typically farmed together to create a viable property. They are level in topography and have soils that can grow field crops, but no water for irrigation is available. Access is available from Scranton Avenue, Newcomb Street, and Teapot Dome Avenue.

Sewer Sludge Site
The third property is the 16.00-acre site located on the western edge of the airport. Access comes from Road 224 that leads north from Teapot Dome Avenue to a gravel road leading to the site. This property is used as part of Porterville’s sewage treatment facility and it has lined beds where treated sewer sludge is piped and then dried out for eventual use as fertilizer. Each of the beds has earthen banks and they are concrete lined to limit percolation of nitrates and other elements into the soil. A monitoring well is in place to help determine if any contamination is present. The site is fenced around its perimeter with chain link and gates provide access.

Appraisal Report – Porterville Municipal Airport Market Rents 51

AERIAL OF FARMLAND PROPERTIES
Appraisal Report – Porterville Municipal Airport Market Rents 52 View of the irrigated farmland property
at the northwest corner of Scranton Avenue and Westwood Street.

View of the irrigated farmland parcel
used as parking for the Porterville Sports Complex.

Appraisal Report – Porterville Municipal Airport Market Rents 53 View of the dry farmland parcel used as a parachute landing field on the interior of the airport to the west of the runway.

View of a sewer sludge bed on the dry farmland property situated on the west edge of the airport grounds.

Appraisal Report – Porterville Municipal Airport Market Rents 54 View of dry farmland situated northeast of the runway
on the interior of the airport grounds.

View of dry farmland located at the
southeast corner of Newcomb Street and Teapot Dome Avenue.

Appraisal Report – Porterville Municipal Airport Market Rents 55

PROPERTY VALUATION
Market research is performed to find appropriate data for use in applying the rental comparison approach to the subject farmland properties.

Irrigated Farmland Parcels
Just two of the surveyed airports have irrigated farmland that is leased and this data is summarized in the following table. One of the subject properties is also included in a farmland lease involving additional acreage, and it all receives reclaimed water for irrigation purposes.

COMPARABLE RENTAL DATA
Irrigated Farmland Parcels
Airport
Location
Parcel
Size – Acres
Annual
Rent
Rent
per Acre
Rent
Increases
Lease
Term
Delano 432.00 $54,913 $127 +2% per year 5 years
Delano 253.00 $43,128 $170 +2% per year 5 years
Visalia 89.00 $21,054 $237 Annual CPI 40 years
Porterville 573.36 $94,604 $165 Flat over term 5 years
Additionally, consideration is given to a survey published by the California Chapter of the American Society of Farm Managers and Rural Appraisers. This study surveys local appraisers and farm managers about property values and rental rates for various types of agricultural properties. The survey indicates that rental rates for cropland in Tulare County commonly leases in a range of $200 to $500 per acre per year cash rent.

The subject’s farmland parcels do receive water, but it is reclaimed from the sewer treatment facility and can only be used for crops that will not be consumed by humans. This significantly limits the types of crops that can be grown, so it reduces the desirability of the farmland. The current contract rent being paid is below the published survey, but is within the range seen at the other airports, so it is concluded to be market oriented.

Applying a market-level rent of $165 per acre to each of the two subject properties results in the following total values:

Scranton & Westwood $26,500.00 per year
Sports Complex Lot $5,815.00 per year
Appraisal Report – Porterville Municipal Airport Market Rents 56 Dry Farmland Parcels
Leases are in place for two of the subject properties. The parachute landing site is leased to Skydive Elsinore, who uses it as part of the training program. They have a 5-year lease that runs through March 2025 and then they have two 5-year renewal options. The base rent now stands at $7,234.82 per year or $40.42 per acre for the 179-acre site. The rent is adjusted annually based on the change in the CPI.

The farmed airport land is leased to Rick Perigo Roadsiding. The agreement is for a 5-year term that ends in December 2024, but the tenant has the option to extend for another five years after that. A base rent of $35.00 per acre per year cash rent is being paid with no scheduled increases over the term.

None of the other airports that were surveyed report having any dry farmland leases, although one airport indicates that they allow a farmer to use some of the land adjacent to their runway at no cost in exchange for maintaining the land and keeping it free of weeds.

According to the U.S. Department of Agriculture, cash rent for non-irrigated cropland in Tulare County in 2024 averages $43.50 per acre per year. This is up from an average of $32 per acre per year in 2021.

Conversations with farmers and agricultural appraisers have not produced any specific lease data, but they do confirm these rents levels are common in the Tulare County market.

Based on this evidence, a market rent of $40 per acre per year is concluded for the parachute landing site and the sewer sludge site. A somewhat lower rental rate of $35 per acre per year is estimated for the farmed airport land because it consists of multiple, noncontiguous parcels that are very irregular in shape.

This makes farming the land more difficult. Thus, the following values are concluded:

Parachute Landing Site 179.00 acres x $40 = $7,160.00 per year Farmed Airport Land $5,250 per year
Sewer Sludge Site 16.00 acres x $40 = $640.00 per year

ADDENDA
Appraisal Report – Porterville Municipal Airport Market Rents 58 QUALIFICATIONS OF ROSS E. LENZ
MAI
Professional Designation & Certification
• MAI designation – Member of the Appraisal Institute
• California Certified General Real Estate Appraiser: Certificate No. AG043508 Education
• California State University, Fresno: 2006 Graduate, B.S. Degree, Business Administration - Entrepreneurship • Appraisal Institute:

Basic Appraisal Principles
Basic Appraisal Procedures
Real Estate Finance, Statistics, and Valuation Modeling General Appraiser Market Analysis and Highest & Best Use General Appraiser Sales Comparison Approach
General Appraiser Site Valuation and Cost Approach
General Appraiser Income Approach, Part 1
General Appraiser Income Approach, Part 2
General Appraiser Report Writing and Case Studies
Advanced Income Capitalization
Advanced Market Analysis and Highest & Best Use
Advanced Concepts and Case Studies
Quantitative Analysis
National Uniform Standards of Professional Appraisal Practice (USPAP) 7-Hour USPAP Update
Business Practices & Ethics
• International Right of Way Association:

Appraisal of Partial Acquisitions
Appraisal Experience
Actively engaged in real estate appraisal in the Central Valley since 2006. Has appraised or assisted in appraising many types of commercial, office, industrial, land, and special purpose type properties. A partial list of clients for whom work has been completed includes:
• Government: U.S. Postal Service, County of Tulare, City of Visalia, City of Tulare, City of Porterville, City of Woodlake, City of Lindsay
• Schools: Visalia Unified, Exeter Public Schools, College of the Sequoias, San Joaquin Valley College, Tulare Joint Union High School District
• Lenders: Bank of the Sierra, Central Valley Community Bank, Mission Bank, Bank of the West, Tri Counties Bank, Citizens Business Bank, Wells Fargo Bank, Suncrest Bank, Comerica Bank, Farm Credit West, Heritage Bank of Commerce, Central State Bank, Pacific Alliance Bank, Valley Republic Bank, Fresno First Bank, United Midwest Savings Bank, Pinnacle Capital
Appraisal Report – Porterville Municipal Airport Market Rents 59 • Corporations: Southern California Edison Company, Nationwide Mutual Insurance Company, Lyles Diversified, Mid Valley Disposal, OSAT Inc., Owens Valley Career Development Center, Self-Help Enterprises, California Water Service Co., Visalia Senior Housing, Young’s Commercial Transfer
• Attorneys: Peltzer & Richardson, Herr Pedersen & Berglund, Betts & Wrigth, Reynolds Jensen & Swan, Preston Law Office, Gromis & Aguirre, McCormick Kabot Jenner & Lew, Sullivan McGregor & Doerr, Lozano Smith
• Health Care: Kaweah Health, Tulare Regional Medical Center, Sierra View Local Health Care District, Family HealthCare Network, Tulare Community Health Clinic, Visalia Medical Clinic
• Churches: Baptist, Praise Center, Calvary Chapel, New Hope, Nazarene, Grace Community, Living Christ, Radiant, Living Word Fellowship, Landmark Christian Center, Abounding Grace
• Right-of-Way Firms: Universal Field Services, Hamner Jewell & Associates, Overland Pacific & Cutler • Other: Visalia Rescue Mission, International Agri-Center, YMCA, Exeter Masonic Temple Association, Valley Oak SPCA
Appraisal Report – Porterville Municipal Airport Market Rents 60 QUALIFICATIONS OF KEITH J. HOPPER

MAI, R/W-AC, AI-GRS
Professional Designations & Licenses
• MAI designation – Member of the Appraisal Institute
• R/W-AC designation – Appraisal Certification of the International Right of Way Association • AI-GRS designation – General Review Specialist of the Appraisal Institute • California Certified General Real Estate Appraiser: Certificate No. AG002559 • California Real Estate Broker’s License: License No. 01105905 Education
• California State University, Fresno: B.S. Degree, Business Admin. - Real Estate and Urban Land Economics • Appraisal Institute:

Real Estate Appraisal Principles & Basic Valuation Procedures Capitalization Theory & Techniques
Case Studies in Real Estate Valuation
Report Writing and Valuation Analysis
Standards of Professional Practice, National USPAP Update, & California Laws and Regulations Advanced Sales Comparison and Cost Approaches
Land Valuation Assignments and Adjustment Procedures & Subdivision Valuation General Appraiser Market Analysis and Highest & Best Use Real Estate Finance, Statistics, and Valuation Modeling Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) Litigation Professional Development Program:

Litigation Valuation Overview
Litigation Appraising – Specialized Topics and Applications Condemnation Appraising
Advanced Condemnation Appraising
Review Theory – General
IRS, Loss, Gift & Estate Valuations
• International Right of Way Association:

Ethics and the Right of Way Profession & Standards of Practice for the Right of Way Profession Principles of Real Estate Appraisal
Appraisal of Partial Acquisitions
Easement Valuation & Legal Aspects of Easements
Reviewing Appraisals in Eminent Domain
Problems in the Valuation of Partial Acquisitions
Corridor Valuation
• American Society of Farm Managers and Rural Appraisers:

Integrated Approaches to Value
Best Practices for Rural Property Appraisals
Highest and Best Use
Valuation of Permanent Plantings in Changing Markets
Appraisal Report – Porterville Municipal Airport Market Rents 61 Appraisal Experience
Actively engaged in appraisal in the Central Valley since 1989. Appraised many types of commercial, industrial, residential, apartment, subdivision, land, agricultural, and special purpose properties. Clients include:
• Government: U.S. Postal Service, U.S. Navy, U.S. Marshall’s Office, Calif. Dept. of Forestry, Calif.

Dept. of Transportation, Resolution Trust Corp., Federal Deposit Insurance Corp., County of Tulare, County of Kings, Administrative Office of the Courts • Cities: Visalia, Tulare, Porterville, Dinuba, Exeter, Woodlake, Lindsay, Farmersville, Hanford, Kingsburg, Bakersfield, Reedley
• Schools: Visalia Unified, Hanford Elementary, Central Valley Christian, College of the Sequoias, Tulare City Schools, Tulare High School District, Liberty Elementary, Porterville Unified, Burton School District, Alta Vista School District, Tulare County Office of Education
• Lenders: Wells Fargo, Union Bank, J.P. Morgan, Bank of the Sierra, Comerica Bank, Westamerica Bank, Key Bank, Rabobank, Housing Capital Co., Citizens Business Bank, Premier Valley Bank, RBC Builder Finance, Farm Credit West, Kingsburg Land Bank, Bank of the West, Suncrest Bank, Central Valley Community Bank, Evangelical Christian Credit Union, United Security Bank, Mission Bank, Tri Counties Bank, Fresno First Bank
• Corporations: Kraft General Foods, Chevron USA, McDonald’s Corp., Wal-Mart Stores, Campbell Soup Co., Pepsi Cola Co., Southern Pacific Railroad, Jostens, Payless Cashways, Frito Lay, Southland Corp., RR Donnelley, Leprino Foods, California Dairies, Sun Maid
• Insurance Companies: Nationwide Mutual Insurance Co., Chicago Title Insurance Co., Ticor Title Insurance Co., Fidelity National Title Co., Westchester Casualty • Attorneys: McGregor Dahl Sullivan & Klug, Navy Exchange Service Command, Johnson & Black, Hurley & Laird, Williams Jordan & Broderson, Paul Hastings Janofsky & Walker, Houk & Hornburg, Baker Manock & Jensen, Griswold LaSalle Cobb Dowd & Gin, Dowling Aaron & Keeler, Herr Pedersen & Berglund, Peltzer & Richardson, Hooper Lundy & Bookman, McCormick Barstow, Kahn Soares & Conway, Ruddell Stanton & Bixler, Sullivan McGregor & Doerr, Lozano Smith • Utilities: Southern California Edison, California Water Service Co., Southern California Gas • Right-of-Way Firms: Universal Field Services, Bender Rosenthal, Paragon Partners, Tarvin & Associates, Hamner Jewell & Associates, Overland Pacific & Cutler, Monument • Churches: Methodist, Baptist, Calvary Chapel, Nazarene, Mennonite, Catholic, Lutheran, Grace Community, Living Christ, Bethel Assembly, New Hope, Praise Center • Health Care: Kaweah Health, Tulare Regional MC, Sierra View District Local HCD, Tulare Community Health Clinic, Visalia Medical Clinic, Family Health Care Network • Other: YMCA, Farm Bureau, Housing Authority, Tulare Irrigation District, International Agri-Center, Visalia Rescue Mission, Owens Valley CDC
Litigation Experience
Appraised properties on behalf of private and public agency clients for eminent domain, bankruptcy, divorce, and other matters involving litigation. Have given depositions, appeared at mediation and arbitration hearings, and qualified as an expert witness in Tulare County, Kings County, and Kern County Superior Courts; Kings County Board of Equalization; and Federal Bankruptcy Court.

Condemnation Experience
Appraised hundreds of properties involved in full or partial takings on behalf of public agencies, right-of-way firms, law firms, and private property owners. Projects have included road widenings, bridges, overcrossings and undercrossings, utility installations, permanent and temporary easements, railroad corridors, lake expansions, and others.
1 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT (draft rev 012725) This AIRPORT GROUND LEASE (this "Lease") is entered into as of this day of , 20 , by and between the City of Porterville
("City"), and , ("Lessee").

RECITALS
WHEREAS, City owns and operates a federally funded and obligated airport within the jurisdictional boundaries of City, commonly known as the (the "Airport"); and
WHEREAS, Lessee desires to lease a portion of the Airport for the purpose of operating and maintaining an aircraft storage hangar constructed before; and WHEREAS, City desires to lease such portion of the Airport to Lessee under the terms and conditions set forth herein.

AGREEMENT
NOW, THEREFORE, incorporating the foregoing Recitals herein, it is mutually agreed as follows:

Name of Lessee:
_ _ Individual
Business Entity
Type of Entity and State of Organization:

Address:

City/State/Zip:

Phone Number:

Alternate Number:

Email:

A/R Account Number:

1. Term. The term of this Lease shall be for a period not to exceed five (5) years, commencing on (the “Commencement Date”), and ending on (the “Expiration Date”), unless sooner terminated as provided in this Lease (the “Initial Term”).

Lessee shall have the right to renew this Lease for four (4) successive five (5) year periods (each a “Renewal Term”) provided that the Renewal Conditions, as defined herein 2 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
below, are met for each such Renewal Term.
“Renewal Conditions” as used herein shall mean the following:
(a) An inspection of the Premises is conducted by the City; (b) Lessee is not then in Default (as defined in Section 20 herein) of this Lease; (c) No more than two (2) events of Default (as defined in Section 20 herein) shall have occurred during the five (5) year period prior to the date of expiration of the thencurrent Initial Term or Renewal Term; (d) The Hangar is in good and operable repair, in accordance with California Department of Industrial Safety and Fire Codes, which may apply to aircraft hangar storage and other applicable federal, state and local laws and ordinances, including exterior painting, wiring and structural repairs made as necessary; (e) City has not elected to use the Premises for any purpose other than construction, installation, maintenance and repair of an aircraft storage hangar; (f) In addition to annual Consumer Price Index adjustments, in order to keep lease rates in line with fair market values throughout the life of the lease; base rent adjustments, if necessary, will be made with adjustments to be determined by an appraisal of real property, with the increase being no more than eight percent (8%) in any given year or twenty percent (20%) in any given five year period; and (g) At the commencement of the first Renewal Term and the renewals permitted by this Lease, all material modifications to City’s standard ground lease offered to private hangar owners at the Airport, with the exception of provisions affecting the length of the Lease term, if any, shall be incorporated into the renewed Lease as an amendment executed by City and Lessee.

In the event the Renewal Conditions are not met or, in City’s determination, are not likely to be met, City shall give written notice to Lessee at least sixty (60) days prior to expiration of the then-current Initial Term or Renewal Term. Such notice shall include any amendment required by subsection (e) above, if applicable. If any Renewal Condition remains unmet, and City has not provided a written waiver of such unmet Renewal Condition prior to the expiration of the then-current Initial Term or Renewal Term, this Lease shall automatically terminate, and the provisions of Section 6.d(1) herein shall apply.

Lessee shall exercise its option to renew by timely delivering its annual rental payment for the first year of each Renewal Term, along with the executed Lease amendment. In the event Lessee does not exercise any option to renew as provided herein, this Lease shall automatically terminate, and the provisions of Section 6.d(1) herein shall apply.

2. Premises. This Lease shall be issued only in connection with premises upon which a privately owned hangar was constructed prior to May 1, 2018. City hereby leases to Lessee, and Lessee hereby hires from City, upon the terms and conditions herein set forth, that certain portion of land located at the Airport (the “Premises"), comprising of ( ) square feet,
upon which a privately owned hangar now sits, which is more particularly identified as Lot # , as outlined in Exhibit “A” attached hereto and made a part hereof by 3 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
this reference. All oil, gas and mineral rights are expressly reserved from this Lease.

3. Utilities. During the term of this Lease, Lessee agrees to pay all charges and expenses in connection with any utility services furnished to the Premises. If utilities are provided to the Premises and not separately metered, Lessee shall arrange for separate meters at Lessee's expense and Lessee shall contract directly with utility providers. If separate meters are not possible, Lessee shall reimburse City for Lessee's pro rata share, as reasonably determined by City, of all shared utilities within ten (10) days after billing by City.

Lessee acknowledges that City has no obligation to provide any utilities to the Premises. City shall not be liable to Lessee under any circumstances for damages or loss to Lessee's property, injury to person or property, or consequential damages, however occurring, through, in connection with, or incidental to the failure to furnish or interruption of any utilities at the Premises.

Lessee shall comply with all rules and regulations which City, any governmental agencies or authorities, or any utility company may establish for the use, proper functioning and protection of any utility.

4. Rent
4a. Base Rent. On the Commencement Date, Lessee shall pay City an annual base rent in the amount of ($ ) per
year (“Base Rent”) calculated at ($0. ) x
( ) square feet as further set forth in Exhibit “C” attached hereto. Rent is to be paid in full on the Commencement Date and thereafter on each yearly anniversary of the Commencement Date. The Base Rent amount is subject to an annual cost of living adjustment as explained in Section 4b below.
4b. Annual Rent Increase. On the first anniversary of the Commencement Date, and each anniversary thereafter, the Base Rent shall be increased by the current City Adjustment Factor. This will determine the new “Base Rent” for the new year. The City "Adjustment Factor" shall be a percentage calculated as follows: Beginning January 1, 2025, and every year thereafter, the annual rent increase shall be determined by calculating the annual average of the San Francisco and Los Angeles California Consumer Price Indexes for all urban consumers as reported by the State of California, Department of Industrial Relations ("CPI"), as published for October of the prior year.
4d. Late Fee; Fees for Denied Payment. Lessee is responsible for timely payment of annual rent and all additional charges, without notice or demand and without deduction, diminution, abatement, counter claim or setoff of any amount for any reason whatsoever, to City.

In the event any payment is not received by City by noon on the fifteenth (15th) day after it is due, Lessee shall, without notice, pay late charges in the amount of standard City late/processing fee as may be periodically adjusted (currently $36.00) 4 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
each month that the annual payment remains unpaid. If payment remitted by check or other negotiable instrument is presented for payment to the appropriate institution and denied for insufficient funds, such payment shall be subject to a City’s standard processing/late fee.

5. Obligations of Lessee. Lessee acknowledges that the principal use of the Airport consists of the operation of a public airport and that all other operations and businesses which are now or thereafter permitted by City, including the use hereunder, must at all times be compatible with such principal use, as City shall, in its sole discretion, determine. 5a. Storage and Use of Premises. The Premises shall be used only for the construction, installation, maintenance and repair of an aircraft storage hangar (the “Hangar”), storage of the aircraft of record identified in Exhibit “B” attached hereto and incorporated herein (the “Aircraft”), and otherwise primarily for aeronautical uses. No residential, commercial or business activity of any kind whatsoever shall be conducted or allowed by Lessee in, from or around the Premises. Subleasing of Aircraft storage space, in and of itself, shall not constitute commercial activity for purposes of this paragraph. The Hangar shall not be removed from the Premises by Lessee except as otherwise provided in this Lease.

Lessee shall have and maintain a controlling ownership interest in the Hangar.

Any aircraft parked or stored on the Premises for more than five (5) days, which need not be consecutive, in any twelve (12) month period shall be deemed Aircraft subject to this Lease. Lessee shall have and maintain a controlling ownership interest in at least one Aircraft, and Lessee, or a sub-lessee of Lessee, shall have and maintain a controlling ownership interest in each other Aircraft, as evidenced by FAA Aircraft Registration Certificates. “Controlling ownership interest”, as used herein, shall mean legal ownership of more than fifty percent (50%); the right to otherwise control the leasing, sale, and management of the subject property, or, in the case of a leased Aircraft, the lessor of the Aircraft or the owner of a controlling ownership interest in the business entity that leases the Aircraft.

In the event additional or substitute Aircraft are to be stored on the Premises, Lessee shall give prior written notice to City which notice shall include identification of the subject Aircraft, a copy of the FAA Aircraft Registration Certificate for the Aircraft, and copies of the insurance certificates required pursuant to Section 12 of this Lease for the Aircraft. Exhibit “B” to this Lease shall then be amended to reflect such additions or substitutions.
5b. Maintenance of Premises. Lessee shall maintain the areas surrounding the Hangar consisting of five (5) feet in the front, rear, and sides of the Hangar in a neat and orderly condition. This includes trash disposal, landscaping, and weed removal. Lessee shall keep such area around the Hangar clean and clear of debris, oil, grease and/or toxic chemicals. Lessee agrees to maintain the Hangar in a clean and orderly condition, and in good and operable repair, at all times, and in accordance with California Department of Industrial Safety and Fire Codes which may apply to aircraft hangar storage and other applicable federal, state and local laws and ordinances. This includes 5 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
exterior painting, wiring and structural repairs, as necessary. Lessee shall be responsible for clean-up and maintenance due to fuel or oil spills. Lessee shall take steps to ensure that the performance of any maintenance work conducted on the Premises shall not damage the Premises. Lessee shall become familiar with and shall at all times abide by all of City's rules and regulations related to use of the Hangar and the Premises and the use of any of City's other Airport facilities, whether promulgated before or after the execution of this Lease, and in particular Lessee shall abide by the following regulations (please initial next to each line):

A. There shall be no priming or painting in the Hangar except for touching up minor chips. Except for the foregoing, Lessee shall request in writing permission from City prior to conducting any painting activities on the Premises or at the Airport.

B. Paints, solvents, thinners, and other flammable liquids or materials shall be used only when the Hangar door is completely open to provide ventilation.

C. Combustible materials must be stored in NFPA-approved containers and closed when not in use.

D. Lessee shall not permit any accumulation of oily rags, paper, rubbish, or other debris, nor overload electrical circuits, which could increase the risk of fire.

E. No hazardous or flammable materials shall be stored within or about the Hangar and Premises unless stored within an Environmental Protection Agency or local Fire Marshall approved container/cabinet.

F. No boxes, crates, rubbish, paper or other litter that could cause or support combustion shall be permitted to accumulate within or about the Premises.
5c. Damage to Premises. Lessee shall control the conduct and demeanor of its invitees, agents, and sub-lessees, and their invitees and agents, in and around the Premises and shall take all steps necessary to remove persons whom City may for good and sufficient cause deem objectionable. Lessee shall be responsible for all damage to the Premises caused by the acts, omissions, negligence, or willful misconduct of Lessee, Lessee’s invitees and sub-lessees, and their invitees, not to exclude repair of apron in front of the Hangar due to fuel spillage. In the event Lessee does not promptly repair any damage to the Premises or property for which Lessee is responsible, City reserves the right, in addition to any other rights or remedies available to City, to make such repairs, at Lessee's expense, the cost of which shall become due and payable within ten (10) days of billing from City. 5d. Licenses, Permits, Authorizations. Lessee shall, at its own cost and 6 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
expense, obtain and maintain all licenses, permits, certificates, or other authorizations of any governmental authority having jurisdiction thereover, including but not limited to, the FAA, which may be necessary for the conduct in the Premises of its business operations and resolutions, codes, rules, orders, directions, ordinances, and regulations of any department, bureau or agency or any governmental authority having jurisdiction over the operations, occupancy, maintenance and use of the Premises for the purpose demised hereunder, except for those requiring major Alterations to the Premises as distinguished form those relating to furniture, fixtures or equipment of Lessee therein. Tenant shall indemnify and save City harmless from an against any claims, penalties, losses, damage or expense imposed by reason of Lessee’s violation of any applicable law or the rules and regulations of governmental authorities having jurisdiction thereof.
5e. No Waste/Nuisance. Lessee shall not use or permit the use of the Premises in any manner that will a) tend to create or permit any waste or nuisance, b) tend to disturb other tenants or users of the Airport, c) invalidate or cause cancellation or be in conflict with fire or other hazard insurance policies covering the Airport, of d) increase the rate of fire insurance for the Airport or of property located therein, over that rate in effect on the Commencement Date hereof. Lessee, at its expense, shall comply with all rules, order, regulations, or requirements of the State and City Fire Code.
5f. Termination and Expiration of This Lease.
(1) Termination. Within ninety (90) days of the termination of this Lease, Lessee shall remove, at Lessee’s sole expense, the Hangar, the Aircraft, and all of Lessee’s personal property from the Premises, and surrender the Premises to City in good and clean condition and repair.

Lessee shall be liable for any and all damage to the Premises caused by Lessee’s use including, but not limited to, damage to the apron immediately adjacent to the Premises due to fuel or oil spillage, or contamination from hazardous materials.

In the event Lessee does not remove Lessee’s property, including the Hangar and/or the Aircraft, from the Premises within ninety (90) days of the termination of this Lease, City may elect with regard to all or any such property, in City’s sole discretion and without further notice to Lessee, to do any of the following: (i) remove such property from the Premises and dispose of it, in which case Lessee shall reimburse City upon demand for all costs of removal and disposal; (ii) take full possession and ownership of such property, in which case Lessee shall not be responsible for removal or disposal cost, nor entitled to any proceeds of any sale or rental by the City of such property; or (iii) in the case of personal property (including the Aircraft, but not including the Hangar), to deem such property abandoned personal property and proceed with notice and foreclosure sale according to and in compliance with the terms of California Civil Code Section 1993, et seq.
7 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
(2) Expiration of Renewal Period. If this Lease has not been terminated prior to the expiration of the fourth (4th) Renewal Term as provided in Section 1 herein, and upon the expiration of the fourth (4th) Renewal Term of this Lease, provided that the Renewal Conditions (as defined in Section 1 herein) are met or waived by City in writing and neither party has informed the other in writing of its intent not to renew at least sixty (60) days prior to such expiration, this Lease shall automatically renew for successive one (1) month; provided, however, that either party hereto shall have the right during any of the foregoing one-month Terms to terminate this Lease for any reason at any time upon thirty (30) days prior written notice to the other party, in which case the provisions of Section 5.f(1) herein shall apply. (3) Termination in Accord with Porterville Charter.

Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described prior to the expiration of any initial lease term or term of renewal, upon three (3) months’ notice thereof and upon payint to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the City Council, and a lessee appraiser appointed by Lessee. The parties will follow Charter Section 68 concerning the determination of the value of the improvements.

6. Compliance with Laws and Regulations. In utilizing the Premises during the term of this Lease, Lessee agrees to comply with the following:
6a. Porterville City Code, Title 2 – Chapter 1. – Airports (Exhibit D) 6b. Porterville City Code, Title 3 – Chapter 6. – Airports and Aircraft (Exhibit E) 6c. FAA Assurances – Airport Sponsors (Exhibit F)
6d. City of Porterville Airport Leasing Policy (Exhibit G) 6e. All applicable ordinances, rules and regulations, and policies established by any federal, state or local government agency exercising jurisdiction over the Premises, as the same may be amended from time to time.
6f. Any incidental non-aeronautical use of the Premises shall not interfere with the primary aeronautical uses of the Premises.
6g. All security measures that may be imposed from time to time by City or any other applicable governmental agency. If gate codes are used, Lessee shall not be authorized to distribute gate codes to any persons. If Lessee provides any gate code to unauthorized individuals, it shall be considered a material breach of this Lease. 6h. Lessee agrees that City is not responsible for the security of the Aircraft, or any property located on the Premises. It is expressly understood that no storage of airplanes, boats, cars, trucks, trailers or mobile homes is permitted outside of the Hangar or anywhere on City's property except designated parking areas for such 8 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
vehicles or aircraft.

7. Safe Use of Premises. Lessee agrees to make no unlawful, offensive or noxious use of the Premises or the Airport. In addition, no explosives, firearms, volatile or flammable chemicals or other property which would materially increase the hazard of fires shall be stored at the Premises; provided, however, that up to 20 gallons of aircraft fuel may be stored within the Hangar in compliance with Section 6b(E) herein, on a temporary basis in connection with self-service maintenance activities. No aircraft shall be refueled while said aircraft is within the Hangar or otherwise on the Premises. Any refueling shall occur outside the Premises and fuels shall not be stored at the Premises, other than in the fuel tanks internal to the stored Aircraft. If any Aircraft requires a special grade/type of fuel not provided by City and/or the Fixed Based Operator (“FBO”), if any, all rules and regulations governing the private, non-commercial self-fueling of aircraft shall be followed.

8. Airport Use. In connection with the ownership and use of the Airport by City, Lessee agrees as follows:
(a) City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. If the foregoing development or improvement shall have a material adverse effect on Lessee’s use of the Premises, the parties hereto shall meet and confer prior to the commencement of such development or improvement.
(b) City reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport to standard established by City in City’s sole discretion, together with the right to direct and control all activities of Lessee in this regard.
(c) This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between City and agencies of the United States relative to the development, operation or maintenance of the Airport.
(d) In the event any future structure or building is planned for the Premises or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises, Lessee shall comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations, as well as all applicable federal, state, and local laws, regulations and permitting requirements.
(e) It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of any exclusive right within the meaning of Section 308(a) of the Federal Aviation Act of 1958 (49 USC Section 1349).
(f) There is hereby reserved for the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in 9 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
the airspace above the surface of the Premises. The public right of flight shall include the right to cause within the said airspace any noise inherent in the operation of any aircraft used for navigation of flight through the said airspace or landing at, taking off from or operating on the Airport. (g) Lessee, by accepting this Lease, expressly grants for itself, its successors and assigns that it will not permit any natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of Part 77 of the Federal Aviation Regulations. Lessee shall also not erect or permit the erection of any structure or building on the land leased hereunder above a height of thirty five (35) feet, as required by City Fire Code. In the event the aforesaid covenants are breached, City reserves the right to remove the offending structure or object, all of which shall be at the expense of Lessee. (h) Lessee shall not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport, or which might otherwise constitute a hazard. In the event the aforesaid covenant is breached, City reserves the right to enter upon the Premises and cause the abatement of such interference, at the expense of Lessee. (i) This Lease and all of the provisions hereof shall be subject to whatever right of the United States Government now has, or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport, or the exclusive or nonexclusive use of the Airport, by the United States during the time of war or national emergency or otherwise. (j) Lessee shall conform to the Airport Rules and Regulations and FAA safety and security rules and regulations regarding the use of the Airport operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass an airfield safe driving instruction program when offered or required by the Airport, and will be subject to penalties as prescribed by the Airport for violations of the Airport safety and security requirements.

9. Airport Security. Lessee is responsible for maintaining security in and around the Premises or any other area adjacent to or upon the Airport which Lessee has an exclusive right to use or which Lessee otherwise controls. Lessee is further responsible for maintaining security with respect to access to an entry upon Airport operations areas, or other areas of the Airport designated by City from time to time as security areas, by employees, subtenants, contractors, invitees or customers of Lessee or any other person who enters the Airport operations areas at Lessee’s invitation, direction or authority, whether through or from the Premises or otherwise. 10 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT

10. Assignment and Sublease. Neither this Lease nor any interest herein shall be assigned, either voluntarily or involuntarily, by Lessee, or by operation of law or otherwise, nor shall the Premises or the Hangar, or any part thereof, be sublet or sold by Lessee without the prior written consent of City. Consent to any such assignment, transfer, sale, or sublease shall not be unreasonably withheld by City provided (a) City receives FAA Certificates of Ownership for all Aircraft contemplated for storage on the Premises, together with copies of the insurance certificates for each Aircraft as required herein, and (b) in the case of an approved assignment and Hangar sale or transfer, the transferee of the Hangar shall execute a new Ground Lease under terms and conditions then being offered by City but with a term ending no later than the expiration date of the then-current Initial Term or Renewal Term, with the same automatic renewal periods at set forth herein, if any remain (and this Ground Lease shall terminate), or, in the case of a sublease, the sub-lessee executes a sublease containing an agreement to be bound by the provisions of this Lease. Any such assignment, transfer, sublease or sale without such prior written consent of City shall be void and City shall have the right to terminate this Lease upon such unapproved assignment, transfer, sublease or sale at its sole discretion.

City shall have the right to assign or transfer City’s interest in this Lease or any rights or obligations in or to it. In the event of any such assignment or transfer, Lessee shall look solely to the assignee or transferee for performance of City’s obligations under this Lease.

The parking or storing of any aircraft in which Lessee does not have a controlling ownership interest on the Premises for more than five (5) days, which need not be consecutive, in any twelve (12) month period shall require a sublease.

No sublease of this Lease shall be valid unless the sublease is reduced to writing, and executed by Lessee, City, and the sub-lessee. Copies of all subleases shall be kept on record at the Airport Director’s Office.

11. Ownership of Improvements; City’s Right to Purchase. 11a. During Lease Term. It is mutually agreed that the Hangar and any other improvements placed upon the Premises shall remain the property of Lessee throughout the term of this Lease. Lessee covenants and agrees not to make material alterations, additions or improvements to the Premises without a) the prior written approval of City, of which approval shall not be unreasonably withheld, b) acquisition by Lessee of the required building and use permits, and c) Lessee’s compliance with all applicable law, regulations and building/development standards .
11b. Third Party Offer. If, during the term of this Lease, Lessee should receive a bona fide written offer from a third party to purchase the Hangar, which offer Lessee is inclined to accept, Lessee shall give written notice to City. City shall have the first right of refusal to purchase the Hangar on the same terms and conditions as set forth in such offer. City shall exercise its right to purchase by delivering written notice of intent to purchase to Lessee within thirty (30) days of receipt of Lessee’s notice, and City shall 11 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
complete the purchase within sixty (60) days of City’s notice of intent to purchase. The closing of such purchase shall effect an automatic termination of this Lease, and Lessee shall have no further obligation to pay rent.

Notwithstanding the foregoing, this section shall not apply to any offer from, or the sale or transfer of the Hangar to, (i) any immediate family member of Lessee, if Lessee is an individual, (ii) any immediate family member of an individual who holds a controlling interest in Lessee, if Lessee is a business entity, or (iii) any business entity in which any such immediate family member holds a controlling interest. As used herein, "immediate family member" shall mean a child, grandchild, parent, or sibling.

12. Construction of Improvements. The following provisions of this Section 11 are applicable only in the event the Hangar has not yet been erected on the Premises as of the Commencement Date.
12a. Construction. Lessee shall apply for a building permit within six (6) months of the Commencement Date, and shall complete construction, at Lessee’s sole cost and expense, of the Hangar, as approved by City, on the Premises within twelve (12) months of the Commencement Date. Lessee shall provide all information required by City for the permit process in a timely manner. If Lessee seeks to have utilities on the Premises, they shall be provided and paid for by Lessee. Evidence of completion shall be the issuance of a Certificate of Occupancy from City. Prior to occupancy, Lessee shall present the Airport Director with a copy of the validly issued Certificate of Occupancy. Lessee shall be responsible for obtaining, at Lessee’s sole cost and expense, all permits of any kind required by law, including payment of utility and applicable development fees. City shall have the right to control the type of construction, architectural style, size and color of any improvements to the Premises.

Prior to developing final working plans, Lessee shall submit preliminary plans to the Porterville City Building Department for review and comment. City shall review said plans and advise Lessee of any deficiencies. Lessee shall then make the necessary changes, if any, required for City's approval. After those conditions have been satisfied, City shall notify Lessee in writing that Lessee may proceed with construction. 12b. Surety for Performance and Payment. Before any major work of construction, alteration or repair is commenced on the Premises, Lessee shall furnish City adequate surety for performance and payment in a form acceptable to the City Risk Manager, in an amount not less than the cost of the improvements to be constructed, and which shall remain in effect until the entire cost of the work has been paid in full and the new improvements have been insured as provided in this Lease.

City may, but shall not unreasonably, disapprove the surety. The surety shall be deemed approved unless notice of disapproval is given within thirty (30) days after receipt of the proposed surety.

13. Insurance.
13a. Insurance Coverages. Lessee shall obtain and maintain at all times during the term of this Lease, from one or more financially solvent insurance carriers 12 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
authorized to conduct business in the State of California, general liability insurance, inclusive of aircraft liability and premises liability, with a single limit for bodily injury and property damage of $______________ per occurrence with the exception of per aircraft passenger sub-limits of $____________, insuring Lessee's liability against death and bodily injury to persons, including invitees and passengers, and damage to property.
13b. Certificate of Insurance. City shall be named as an additional insured under the applicable insurance policies as of the Commencement Date, and shall be furnished duly executed certificates of all required insurance, together with satisfactory evidence of the payment of the premiums therefore, prior to the Commencement Date, upon renewals of such policies, no less than thirty (30) days prior to the expiration of the term of such coverage. The insurance policies of Lessee shall further provide at least thirty (30) days advance written notice to City and Lessee of any material change, cancellation, non-renewal or changes adverse to the interest of City or Lessee. It is expressly understood by Lessee that the receipt of any required insurance certificates by City hereunder does not constitute agreement that the insurance requirements of this Lease have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Lease. Further, the failure of City to obtain certificates or other evidence of insurance from Lessee shall not be deemed a waiver by City. Nonconforming insurance shall not relieve Lessee of its obligation to provide the insurance specified herein.

It is Lessee’s responsibility to provide the certificates of insurance with additional insured endorsement on or before the expiration date of Lessee’s existing insurance policy. A processing fee as may be set and periodically adjusted by the City (currently $36.00) will be charged if the certificate of insurance is not received by City on or before the renewal date.
13c. Waiver of Subrogation. All policies shall expressly waive the underwriter’s and insurance carrier’s right of subrogation against City and/or its insurance carriers. 13d. Primary Insurance. Lessee's insurance policies shall respond on a primary basis, with any insurance carried by City to be construed as secondary or excess insurance.
13e. Lessee's Liability Not Limited. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 12, FOR PURPOSES OF THIS LEASE, LESSEE

ACKNOWLEDGES THAT ITS POTENTIAL LIABILITY IS NOT LIMITED TO THE

AMOUNT OF LIABILITY INSURANCE COVERAGE IT MAINTAINS OR TO THE LIMITS REQUIRED HEREIN.

14. Casualty. In the event that the Premises, or the means of access thereto, is damaged by fire or any other cause, the rent payable hereunder shall not abate. In the event of loss of or material damage to the Hangar, Lessee shall repair or replace the Hangar within twenty-one (21) days following written notice to Lessee or, provided that Lessee has in good faith commenced such repair or replacement within such 21-day 13 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
period, in a reasonable time thereafter. In the event such repair or replacement has not been timely completed as provided in this Section 13, City shall have the rights of entry and repair or replacement granted to it pursuant to Section 17 herein.

15. Liabilities, Indemnities and Force Majure. Lessee shall defend, indemnify and hold harmless City (inclusive of its subsidiaries, affiliates, as now or hereafter constituted) and its officers, directors, agents, employees, and contractors, from and against any and all cost, liability, fine, penalty, damage or injury, including cost of suit and expenses of legal services, claimed or recovered by any person or entity, arising out of or relating to use of the Premises, or any activity, work, or other things done, permitted or suffered by Lessee in, on, or about the Premises by Lessee, its invitees, agents, or sub-lessees, or their invitees or agents, or any breach or default by Lessee in the performance of any obligation of Lessee set forth in this Lease (“Contract Damages”), except in the event that such damages arise from City’s sole negligence or willful misconduct.

Further, Lessee shall indemnify City and pay any taxes or penalties imposed by any proper governing authority based upon Lessee's failure to comply with or violation of any local, state or federal rule resulting from the improper utilization of the Premises.

Any such sum shall be paid within ten (10) days of written demand by City.

Neither party shall be liable for its failure to perform this Lease or for any loss, injury, damage or delay of any nature whatsoever resulting from or caused by an act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war, law, regulation, or any other cause beyond such party's control; provided, however, that Lessee shall not be excused for any such reason from its obligation to pay rent in a timely manner as provided herein.

16. Risk of Loss. Lessee bears all risk of loss or damage to the Hangar and any property stored within the Hangar, whether caused by fire, water, earthquake, theft, terrorism, or any other risk. City shall not provide insurance for the Hangar or any property stored therein. Lessee acknowledges that insurance is available from independent insurance companies to protect Lessee in the event of damage or loss.

17. Environmental Responsibilities of Lessee.
17a. Environmental Removal and Disposal. Lessee shall be responsible for the proper removal and disposal of all Hazardous Materials and Toxic Substances, as defined herein, generated by Lessee as a result of Lessee's activities in, on and from the Premises or the Airport, whether during the term or following expiration or termination of this Lease. Lessee shall ensure that removal of such materials and substances from the Hangar and the Airport is accomplished in accordance with Airport, local, state and federal guidelines. Additionally, environmental contamination caused or permitted by Lessee, which impacts the Premises or the Airport as a result of Lessee's improper handling, disposal, release or leakage of any Hazardous Materials and Toxic Substances while utilizing the Premises or Airport shall be the sole responsibility of 14 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
Lessee. For purposes of this Section 16, "Hazardous Materials and Toxic Substances" shall mean any hazardous or toxic substances, materials, wastes, pollutants or contaminants, as defined, listed or regulated now or in the future by any federal, state or local law, rule, regulation, ordinance, statute or order or by common law decision, including, without limitation, petroleum products or byproducts. 17b. Environmental Indemnification. Lessee shall indemnify, defend and hold harmless City (inclusive of its subsidiaries, affiliates, as now or hereafter constituted) and its officers, directors, agents, employees, and contractors, from and against any and all claims (including, without limitation, third party claims from bodily injury or real or personal property damage), actions, administrative proceedings (including information proceedings), judgments, damages, punitive damages, penalties, fines, taxes and assessments, liabilities (including sums paid in settlement of claims), interest, impairments, losses, fees and expenses (including attorney's fees and expenses incurred in enforcing this provision or collecting any sums due hereunder), consultant and expert fees, together with all other costs and expenses of any kind or nature, including any and all expenses of cleaning up or disposing of any such Hazardous Materials and Toxic Substances arising from or caused by Lessee's use of the Premises or the Airport or Lessee's failure to perform the covenants of this Section 16 (“Environmental Damages”). Lessee shall have no responsibility for any Environmental Damages which preceded the Commencement Date of this Lease. The obligations, covenants and agreements of Lessee contained in this Section 16 shall survive expiration or termination of this Lease for any reason.

18. Entry to Hangar; City Repairs. Lessee consents to City's entry onto the Premises and the Hangar, without notice to Lessee, in the case of an emergency which, in City’s reasonable determination, poses an imminent health or safety threat to any person or property. Lessee further consents to City's entry onto the Premises and the Hangar if, within twenty-one (21) days following written notice to Lessee of any breach of Section 13 of this Lease relating to casualty, such breach has not been remedied by Lessee. In such event, City shall be entitled to repair, replace, or otherwise remedy any such breach, the cost for which shall be paid by Lessee within ten (10) days of written notice thereof. Under all other circumstances, including inspection to ensure compliance with the terms and provisions of this Lease, Lessee further consents to City's entry onto the Premises and the Hangar with twenty-four (24) hours advance notice by email, or, in the event email notification is unavailable, by mail or by telephone, as provided in Section 25 herein. The cost of such inspections shall be paid by City unless such inspection reveals the presence of hazardous materials or toxic substances are the result of Lessee’s operations on the Premises.

19. Subordination. This Lease is subject and subordinate to the following:
19a. City reserves the right to develop and improve the Airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance by or on behalf of Lessee, provided Lessee is not deprived of the use or access to the Premises or any of Lessee's rights under this Lease.
15 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
19b. City reserves the right to take any action it considers necessary to protect the aerial approaches to the Airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected any building or other structure on the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 19c. City reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 19d. This Lease is and shall be subordinate to the provisions of existing and future agreements and assurances between City and the United States, the Federal Aviation Administration, or the State of California relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds, state funds, services, or property for the benefit of the Airport.
19e. During national emergency, City shall have the right to lease all or any part of the landing area or the Airport to the United States or the State of California for military use, and if any such lease is executed, the provisions of this Lease insofar as they may be inconsistent with the provisions of such lease to the government, shall be suspended, but such suspension shall not extend the term of this Lease. Abatement of rentals shall be reasonably determined by the City in proportion to the degree of interference with Lessee's use of the Premises.
19f. Except to the extent required for the performance of any obligations of Lessee hereunder, nothing contained in this Lease shall grant to Lessee any rights whatsoever in the airspace above the Premises other than those reasonably necessary to Lessee's enjoyment of the Premises and which are consistent with Federal Aviation Administration rules, regulations and orders currently or subsequently effective. 19g. This Lease is subject and subordinate to any and all mortgages which may now or hereafter encumber the City's fee simple interest in the Airport real property, and to all renewals, modifications and extensions thereof; provided that with respect to any future mortgage, the subordination described above shall be subject to the following: in the event that any proceedings are brought by the mortgagee (a) to foreclose the mortgage or any renewal, modification, consolidation, replacement or extension thereof, for any reason whatsoever, or (b) to succeed to the interest of City by foreclosure, deed in lieu thereof or otherwise, and provided no uncured event of default under this Lease shall have occurred and be continuing, Lessee's possession of the Premises and Lessee's rights and privileges under this Lease and any extension or extensions thereof shall not be diminished, interfered with or disturbed by the mortgagee. Lessee shall, within seven (7) days after required of City, execute any subordination documents which City or any mortgagee of the Premises may reasonably request, but no such document shall be required to effectuate said subordination. Any such subordination documents shall, as to any future mortgage, comply with the terms of this paragraph. 19h. Lessee understands and accepts City’s delegation of the prohibition against exclusive rights in accordance with the obligation set forth in the Federal Aviation Act of 16 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
1958, Section 308(a), which states “there shall be no exclusive right for the use of any landing area or air navigation facility upon which federal funds have been expended” and as set forth in 49 United States Codes Section 40107(a)(4) and U.S.C. Section 40103(e).

Lessee may not exercise any of its rights or privileges under the Lease in any manner which results in and subjects the public Airport users or tenants to unjust discrimination. 19i. Lessee for himself/herself/itself, and its or their personal representatives, administrators, successors in interest, and assignees, as part of the consideration hereof, does hereby covenant and agree that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities, in the construction of any improvements on, over, or under Airport land, or in the furnishing of services thereon; and(b) use the Premises shall be in compliance with all other requirements imposed by or pursuant to Title 49 Code of Federal Regulations Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation and as outlined in FAA AC 150/5100-15A Civil Rights Requirements for the Airport Improvement Program and as said regulations may be amended. 19j. Lessee acknowledges that the City is subject to Federal Grant Agreement obligations as set forth on Exhibit “F” attached hereto and made a part hereof, and Lessee shall act in compliance therewith.

20. Disclaimer of Liability: CITY HEREBY DISCLAIMS, AND LESSEE HEREBY

RELEASES CITY FROM, ANY AND ALL LIABILITY WHETHER IN CONTRACT OR

TORT ( EXCEPT AS PROVIDED HEREIN) FOR ANY LOSS, DAMAGE OR INJURY OF

ANY NATURE WHATSOEVER SUSTAINED BY LESSEE, O R ITS EMPLOYEES,

AGENTS OR INVITEES, DURING THE TERM OF THIS LEASE, INCLUDING BUT

NOT LIMITED TO LOSS, DAMAGE OR INJURY TO THE AIRCRAFT OR OTHER

PROPERTY OF LESSEE THAT MAY BE LOCATED OR STORED ON OR IN THE PREMISES, UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY CITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PARTIES HEREBY

AGREE THAT UNDER NO CIRCUMSTANCES SHALL CITY BE LIABLE FOR

INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT.

21. Default. Lessee shall be considered in breach and default of this Lease in the event (each, a “Default”) (a) Lessee defaults in its obligation to pay rent and such default continues for fifteen (15) days after written notice thereof from City; (b) Lessee defaults in the performance of any other obligation or violates any other term or provision herein and such default or violation continues for twenty-one (21) days, or is repeated, after written notice thereof from City; (c) Lessee is a corporation, limited liability company, or other business entity and ceases to lawfully exist under the laws of the State of California or the state of its organization; (d) a petition is filed by or against Lessee under any state or federal bankruptcy laws (including a petition for reorganization); or (e) Lessee assigns its property for the benefit of creditors.

In the event that Lessee is in Default of this Lease, then City may, at its option, 17 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
terminate this Lease upon written notice to Lessee, in which event the provisions of Section 6(d)(1) herein shall apply.

22. Governing Law. This Lease shall be construed in accordance with the laws of the State of California. Venue shall be in the appropriate court in and for Porterville City.

23. Relationship of Parties. The relationship between City and Lessee shall always and only be that of lessor and lessee, or landlord and tenant. Lessee shall never at any time during the term of this Lease become the agent of City, and City shall not be responsible for the acts or omissions of Lessee, its employees or agents.

24. Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party in law or equity.

25. Notices. All notices to be given hereunder shall be in writing and shall be sent by certified mail postage prepaid, addressed as follows:

NOTICE TO CITY:

Email Address:

Address:

NOTICE TO LESSEE:

Email Address:

Telephone:

Name: ___________
Address: _____________
City/State/ZIP:

Any notices permitted or required to be given by the terms of this Lease shall be effective three (3) business days after mailing, or the next business day after emailing.

26. Integration. This Lease constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, between the parties. Any change or modification hereof must be in writing signed by both parties.

27. Waiver. The waiver by either party of any covenant or condition of this Lease shall not thereafter preclude such party from demanding performance in accordance with the terms thereof. No failure of City to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance by City of full or partial rent during the continuance of any such breach or application of the security deposit in light of any breach, shall constitute a waiver of any such breach or of any such 18 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
term, covenant, agreement, provision, condition, limitation, right or remedy. No term, covenant, agreement, provision, condition or limitation of this Lease to be kept, observed or performed by City or by Lessee, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by City or by Lessee, as the case may be. No waiver of any breach shall affect or alter this Lease, but each and every term, covenant, agreement, provision, condition and limitation of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.

28. Successors Bound. This Lease shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto.

29. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties and subject matter of this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties.

30. Time is of the Essence. Time is of the essence in the performance of all of Lessee's obligations under this Lease.

31. Taxes, Assessments and Fees. Lessee shall pay, without abatement, deduction or offset all real and personal property taxes, general and special assessments, and other charges of every description levied on or assessed against the Leased Premises, improvements located on the Leased Premises, person property locate on or in the land or improvements, the leasehold estate, or any subleasehold estate, to the full extent of installments falling due during the term, whether belonging to or chargeable against City or Lessee. Lessee shall make all such payments directly to the charging authority at least fifteen (15) days before delinquency and before any fine, interest or penalty shall become due or be imposed by operation of law for nonpayment. If, however, the law permits the payment of nay or all of the above items in installments (whether or not interest accrues on the unpaid balance), Lessee may, at Lessee’s election, utilize the permitted installment method, but shall pay each installment with any interest before delinquency. Lessee shall pay any charge or levy only upon the rent payable by the Lessee under the Lease to City, and any tax in lieu of property tax, but shall not be required to pay any franchise, state inheritance, succession, capital levy or transfer tax of the City, or any income, excess profits or revenue tax, or any other tax, assessments or charge attributable to City. In addition, City shall be solely responsible for any income taxes assessed against City arising out of its operation of the Airport or related to the rents received from Lessee.

If at any time during the term of the Lease any tax, however described, is levied or assessed against City as a substitute, in whole or in part, for any real property taxes, or in addition to such real property taxes, Lessee shall pay before delinquency the substitute of additional tax or excise. Such substitutes include, but are not limited to, any possessory interest tax imposed on Lessee by California Revenue and Taxation Code Sections 103 and 107.

Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxes pursuant to Revenue and Taxation Code 19 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
Section 107.6 and that, if a possessory interest is created, Lessee shall, in accordance with this Section 5, be responsible for payment of property taxes levied against such possessory interest. Any documentary transfer tax assessed upon creation of a leasehold interest in the Premises under this lease shall be paid by Lessee. Lessee hereby expressly acknowledges that City has given Lessee notice that Lessee’s possessory interest in the demised premises may be taxed.
____________________
Lessee’s initials

32. Financing Agreements. In order to obtain financing or refinancing for the construction, improvement, repair or sale of the Hangar, which may require encumbrance of the Hangar and/or Lessee’s leasehold interest in the Premises, City shall cooperate with Lessee and any lender in the execution of an amendment to this Lease setting forth such lender’s financing terms and conditions, and City shall not unreasonably withhold its consent to such financing terms and conditions.

33. City’s Proprietary Capacity. Lessee acknowledges that City is entering into this Lease in its proprietary capacity and not in its regulatory or governmental capacity. Nothing in this Lease shall be construed as restraining, impairing, or restricting the City in its regulatory or governmental capacity, or granting any rights upon Lessee with respect to the use, occupancy, development, or operation of the Premises in a manner inconsistent with any laws or applicable requirements.

34. Approval of any Future Development. Nothing in this Lease is intended to commit the Lessee to completing a particular project or to commit City to granting any approval for such proposed use. The City’s approval of this Lease does not constitute approval by the City of any proposed development on the Premises or of other activity on the Premises that would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act (“CEQA”). Nothing in this Lease, nor any action by Lessee with reference to this Lease or any related documents shall be deemed to constitute issuance or waiver of any required City approval regarding the Premises, or waiver or exercise of any legislative discretion of the City regarding any application, approval or other matter relating to Lessee’s intended use of the Premises.

35. Net Lease. This lease shall be a triple net Lease and Base Rent shall be paid to City absolutely net of all costs and expenses, except as specifically provided to the contrary in this Lease. It is understood that City will receive the rent set forth in this Lease free and clear of any and all other impositions, taxes, liens, charges, or expenses of any nature whatsoever in connection with the ownership and operation of the Premises. In addition to the rent required by this Lease, and to the other amounts payable by Lessee pursuant to this Lease, Lessee shall pay to the parties respectively entitled thereto all other impositions, operating charges, maintenance charges, construction costs and any other charges, costs, and expenses which arise or may be contemplated under any provision of this Lease during the term hereof. All of such charges, costs and expenses shall constitute additional rent, 20 MASTER GROUND LEASE – PORTERVILLE MUNICIPAL AIRPORT
and upon the failure of Lessee to pay any of such costs, charges or expenses, City shall have the same rights and remedies as otherwise provided in this Lease for the failure of Lessee to pay rent. It is the intention of the parties hereto that this Lease shall not be terminable for any reason by Lessee, and that Lessee shall in no event be entitled to any abatement or reduction in rent payable under this Lease, except as herein expressly provided. Any present or future law to the contrary shall not alter this Lease.

IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. Executed in Porterville, California, on the date and year first above written.

LESSEE LESSOR: CITY OF PORTERVILLE
By: By:
(Name of Lessee) ____________________,Mayor
ATTEST
______________________
City Clerk
By:

Deputy
Airport Sponsor Assurances 5/2022 Page 1 of 19
FAA
Airports

ASSURANCES

AIRPORT SPONSORS
A. General.

1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.

B. Duration and Applicability.

1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.

The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.

The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor.

Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and Airport Sponsor Assurances 5/2022 Page 2 of 19
assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.

C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following:

FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
Airport Sponsor Assurances 5/2022 Page 3 of 19
v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX.

EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1 b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad

FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning.

Airport Sponsor Assurances 5/2022 Page 4 of 19
g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.

FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall Airport Sponsor Assurances 5/2022 Page 5 of 19
apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.

SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Sponsor Fund Availability.

It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.

4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere Airport Sponsor Assurances 5/2022 Page 6 of 19
with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.

6. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

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7. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where the project may be located.

8. Consultation with Users.

In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.

9. Public Hearings.

In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.

Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Metropolitan Planning Organization.

In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.

11. Pavement Preventive Maintenance-Management.

With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites.

For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The Airport Sponsor Assurances 5/2022 Page 8 of 19
accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran's Preference.

It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.

However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications.

It will execute the project subject to plans, specifications, and schedules approved by the Secretary.

Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.

Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.

17. Construction Inspection and Approval.

It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

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18. Planning Projects.

In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or Airport Sponsor Assurances 5/2022 Page 10 of 19
facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

21. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable Airport Sponsor Assurances 5/2022 Page 11 of 19
classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.

Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights.

It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

24. Fee and Rental Structure.

It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for Airport Sponsor Assurances 5/2022 Page 12 of 19
which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.

The following exceptions apply to this paragraph:

1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.

26. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the Airport Sponsor Assurances 5/2022 Page 13 of 19
public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

27. Use by Government Aircraft.

It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

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29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary.

Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:

1. eliminate such adverse effect in a manner approved by the Secretary; or

2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.

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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.”
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

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2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development Airport Sponsor Assurances 5/2022 Page 17 of 19
project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by Airport Sponsor Assurances 5/2022 Page 18 of 19
the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/aip_pfc_checklist) for AIP projects as of [Selection Criteria: Project Application Date].

35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

Airport Sponsor Assurances 5/2022 Page 19 of 19

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:

1. Describes the requests;

2. Provides an explanation as to why the requests could not be accommodated; and

3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.

AIRPORT SPONSOR &

AIRPORT USER RIGHTS AND

RESPONSIBILITIES

AIRPORT SPONSOR & AIRPORT USER RIGHTS AND RESPONSIBILITIES The rights and responsibilities of the sponsors and users of federally obligated public-use airports are based on Federal law. In exchange for Federal airport development assistance (including the transfer of Federal property for airport purposes), airport sponsors make binding commitments to assure that the public’s interest in civil aviation will be served. An airport sponsor’s responsibilities are commonly referred to as its Federal grant obligations or grant assurances.

The Federal Aviation Administration (FAA) has a statutory mandate to ensure that airport owners comply with their grant obligations. FAA Order 5190.6B, Airport Compliance Manual, issued September 30, 2009, generally provides the policies and procedures to be followed by the FAA in carrying out this duty. The Order is not regulatory and is not controlling with regard to airport sponsor conduct; rather it establishes the policies and procedures to be followed by FAA personnel in carrying out the FAA’s responsibilities for ensuring airport compliance.

The FAA Airport Compliance Program is designed to ensure the availability of a national system of safe, properly-maintained, public-use airports operated in a manner consistent with the airport owners’ Federal obligations and the public’s investment in civil aviation. The Airport Compliance Program does not control or direct the operation of airports; rather, it monitors the administration of the valuable rights pledged by airport sponsors to the people of the United States in exchange for monetary grants and donations of Federal property to ensure that the public interest is being served.

More information about the FAA’s Airport Compliance Program is available .

From time to time, individual airport users and airport sponsors may view these grant obligations differently. In most cases, airport users and airport sponsors are able to work together to identify a solution which is consistent with the airport sponsor’s obligations and acceptable to both parties.

However, when the two parties cannot come to an agreement, they may ask the FAA to help them interpret how the airport sponsor’s obligations apply. The following discussion will serve as a guide to current FAA policy interpretation of the applicable laws and those sponsor assurances which commonly affect aeronautical users’ rights at federally obligated public-use airports nationwide.

The complete list of sponsor assurances is available .

Airport Owner Rights and Powers
Grant Assurance 5, Preserving Rights and Powers, requires, in pertinent part, that the sponsor of a federally obligated airport:
“...will not take or permit any action which would
operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms
conditions, and assurances in the grant agreement
without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify
any outstanding rights or claims of right of others
which would interfere with such performance by the
sponsor.”

Put simply, an airport sponsor is prohibited from taking any action which could preclude it from complying with its grant obligations. For example, an airport sponsor may not enter into a management agreement which would result in exclusive use or discrimination at the airport. Airport sponsors are strongly encouraged to use strong subordination clauses to ensure their ability to comply with Grant Assurance 5.

In addition to obligating the airport sponsor to preserve its rights and powers to carry out all grant agreement requirements, this assurance also places certain limitations on the sponsor’s use of airport land. Most real estate transactions require prior FAA approval, and airport sponsors are prohibited from encumbering airport property.

Use on Reasonable and Not Unjustly Discriminatory Terms Grant Assurance 22, Economic Nondiscrimination, requires, in pertinent part, that the sponsor of a federally obligated airport:
“...will make its airport available as an airport for public use on reasonable terms, and without unjust discrimination, to all types, kinds, and classes of aeronautical uses.” Assurance 22(a) “...may establish such equal and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.” Assurance 22(h)
“...may...limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or...to serve the civil aviation needs of the public.” Assurance 22(i)
Subsection (h) qualifies subsection (a) and subsection (i) represents an exception to subsection (a) to permit the sponsor to exercise control of the airport sufficient to preclude unsafe and efficient use of navigable airspace which would be detrimental to the civil aviation needs of the public.

However,any airport sponsor restrictions on aeronautical activities based upon safety and efficiency under Assurance 22(i) must be adequately justified and supported, and they must be approved in advance by the FAA. In all cases, the FAA is the final arbiter regarding aviation safety and will make the determination regarding the reasonableness of any proposed measure to restrict, limit, or deny aeronautical access to the airport. The FAA considers it inappropriate to provide federal assistance for improvements to airports where the benefits of such improvements will not be fully realized due to inherent restrictions on aeronautical activities.

Federally obligated airport sponsors are required to operate airports for the use and benefit of aeronautical users and to make those airports available to all types, kinds, and classes of aeronautical activities on fair and reasonable terms, and without unjust discrimination. However, airport sponsors may adopt reasonable commercial minimum standards and/or airport rules and regulations.

Airport sponsors have an obligation to treat in a uniform manner those users making the same or similar use of the airport. However, an airport sponsor may treat similarly situated airport users differently, including rental rates, lease terms, etc., as long as those differences are not unjust.

Typically, in order to sustain an allegation of unjust economic discrimination, a complainant must establish they requested similar terms and conditions as another similarly situated user, but was denied those terms for unjust reasons.

Restrictions on Self-servicing of Aircraft
Grant Assurance 22(f) provides that an airport sponsor:
“…will not exercise or grant any right or privilege which operates to prevent any person, firm,or corporation
operating aircraft on the airport from performing any
services on its own aircraft with its own employees
(including, but not limited to, maintenance, repair, and fueling) that it may choose to perform.”
The FAA considers the right to self-service as prohibiting the establishment of any unreasonable restriction on the owners or operators of aircraft regarding the servicing of their own aircraft and equipment. When airport users and airport sponsors disagree about whether or not a restriction is reasonable and a formal complaint is filed, the FAA becomes the final arbiter in the matter.

Aircraft owners must be permitted to fuel, wash, repair, and otherwise take care of their own aircraft with their own personnel, equipment, and supplies. The airport sponsor, however, is obligated to operate the airport in a safe and efficient manner. The establishment of fair and reasonable rules, applied in a not unjustly discriminatory manner, governing the introduction of equipment, personnel, or practices which would be unsafe, unsightly, detrimental to the public welfare, or which would affect the efficient use of airport facilities by others, is not unreasonable.

The Prohibition Against Exclusive Rights
Grant Assurance 23, Exclusive Rights, provides, in pertinent part, that the sponsor of a federally obligated airport:
“...will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public...”

The fact that an aeronautical activity is provided by only one entity does not necessarily establish an exclusive rights violation. An exclusive rights violation is the denial by an airport sponsor to afford other qualified parties an opportunity to be an on-airport aeronautical service provider.

Although federally obligated airports may impose qualifications and minimum standards upon those who engage in aeronautical activities, the FAA has taken the position that the application of any unreasonable requirement or standard that is applied in an unjustly discriminatory manner may constitute a constructive grant of an exclusive right. When airport users and airport sponsors disagree about whether or not a requirement is reasonable and a formal complaint is filed, the FAA becomes the final arbiter in the matter.

Grant Assurance 23 provides for two limited exceptions. An airport sponsor may choose to offer some or all aeronautical services itself and exclude other entities from competing with these services. This is referred to as the airport sponsor’s proprietary exclusive right. If an airport sponsor chooses to exercise its proprietary exclusive right to offer aeronautical services, it must do so with its own resources and its own employees; airport sponsors may not contract out their proprietary exclusive right. The second exception applies when the airport sponsor faces unreasonably costly, burdensome, or impractical challenges in accommodating more than one fixed-base operator to provide a service and adding a second fixed-base operator would result in a reduction in space leased to and actively used by the existing fixed-base operator.

Airport Rates and Charges
Grant Assurance 24, Fee and Rental Structure, provides, in pertinent part, that the sponsor of a federally obligated airport:
“…maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection.”
The airport sponsor’s obligation to make an airport available for public use does not preclude the owner or sponsor from recovering the cost of providing the facility. The owner or sponsor is expected to recover its costs through the establishment of fair and reasonable fees, rentals, or other user charges that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport.

The FAA’s Policy Regarding Airport Rates and Charges (61 Fed. Reg. 31994; June 21, 1996 as amended) provides comprehensive guidance
on the legal requirement that airport fees be
fair, reasonable, and not unjustly discriminatory.

Federal law does not prescribe a single approach
to rate-setting; airports may utilize their preferred
methodology as long as that methodology is applied
consistently to similarly-situated aeronautical users
and conforms to other requirements outlined in the
FAA’s Rates and Charges Policy. Ordinarily, the
FAA will not investigate the reasonableness of a
general aviation airport’s fees absent evidence of a
progressive accumulation of surplus aeronautical
revenues.

The Use of Airport Revenue
Grant Assurance 25, Airport Revenues, provides, in pertinent part, that:
“All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport…” Assurance 25(a)
Revenue generated by the airport includes aeronautical and nonaeronautical rents, fees, charges, and other payments received by the airport sponsor. Airport revenue must be used for the operational and capital costs of the airport, the local airport system, or other facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or property. Certain airports are exempted from this requirement because the law grandfathers certain financial arrangements that existed prior to September 3, 1982.

The FAA’s Policy and Procedures Concerning the Use of Airport Revenue (64 Fed. Reg. 7696; February 16, 1999) provides several examples of unlawful revenue diversion. Some of these examples include:
• Paying in excess of the value of goods or services the airport receives; • Improper cost allocations;
• Charging less than fair market value rental rates to nonaeronautical users, including the sponsor itself;
• Directly subsidizing air carriers;
• Using airport revenue for general economic development activities; • Paying for marketing and promotions not related to the airport; • Loaning money to other entities at less than prevailing rates; and • Using airport revenue to participate in some types of community events.

COMPLAINT RESOLUTION
The FAA’s role in adjudicating disputes between airport users and airport sponsor’s is to ensure the sponsor’s compliance with its Federal obligations. When allegations made in a complaint are verified, the FAA works with the airport sponsor to develop a corrective action plan to address the findings of noncompliance. Please note that the FAA does not have the legal authority to award monetary judgments or order payment for damages.

Informal Complaint Process
Under 14 Code of Federal Regulations § 13.1, any person who knows of a violation of Federal aviation laws, regulations, rules, policies, or orders may report the violation to the FAA informally as a “report of violation.” Airport users may report allegations of grant assurance violations to the FAA under Section 13.1. This is commonly referred to as an “informal complaint.”

The FAA strongly encourages individuals seeking to file informal complaints under 14 CFR, § 13.1, to do so in writing. A telephone conversation may not capture all the details of the alleged violations while the written submission is able to emphasize all the issues and concerns.

Informal complaints of alleged violations are primarily addressed through the FAA’s review of written submissions. Therefore reports must:

1. Clearly state each alleged violation;

2. Identify the specific grant assurance(s) alleged to have been violated;

3. Provide a comprehensive, detailed description of the alleged violation, including the actions and/ or inactions taken by the airport sponsor which result in the alleged violation;

4. Provide issue-by-issue supporting arguments, information and documentation; and

5. Include a summary of the actions you have taken to bring the perceived violation(s) to the attention of the airport sponsor and any efforts to resolve the issues directly with the airport sponsor.

Factually accurate supporting detail is essential for us to effectively evaluate each allegation and to establish a basis for determining the validity of each allegation. Please be advised that information and documents provided to the FAA are not considered confidential and are subject to public release under the Freedom of Information Act.

The FAA’s local Airports District Office or Regional Airports Division investigates informal complaints. Allegations which do not fall within the scope of FAA jurisdiction or which lack sufficient clarity to permit evaluation will not be reviewed further. The remaining allegations will be investigated to determine whether further FAA action is warranted. The
investigative process requires the FAA to contact the airport sponsor.

A list of FAA Airports District and Regional Offices is available.

There are no regulatory time frames associated with the Part 13.1 process. The FAA strives to investigate and conclude informal complaints within 120 days from receipt of the complaint.

However, extenuating factors such as time required to obtain additional factual information, the complexity of the allegations, the need to coordinate with other offices within the FAA, and office workload requirements, etc. may preclude the investigating office from meeting this target deadline.

Upon completion of the investigation, a preliminary determination setting forth the Region’s position on the allegations is sent to both the complainant and the airport sponsor. This preliminary determination is not a final agency decision subject to judicial review.

Formal Complaint Process
FAA Rules of Practice for Federally-Assisted Airport Proceedings, 14 Code of Federal Regulations § 16 is the process available to substantially affected complainants seeking a final agency decision. The FAA’s Office of Airport Compliance conducts FAA investigations under Part 16. These enforcement procedures were published in the Federal Register (61 Fed. Reg. 53998, October 16, 1996) and became effective on December 16, 1996.

In order to file a formal complaint under 14 CFR, Part 16, the complainant must be “directly and substantially affected” by any alleged noncompliance of a federally obligated airport. Prior to filing a complaint, the parties are required to initiate and engage in good faith efforts to resolve the disputed matter informally. A complaint will not be considered unless the person or authorized representative filing the complaint certifies that substantial and reasonable good faith efforts to resolve the issue have been made and that there is no prospect for a timely resolution.

Formal complaints are filed with the FAA Part 16 Airport Proceedings Docket in the Office of the Chief Counsel. Documents filed with the FAA must be typewritten or legibly printed. The mailing address should read:

FAA Part 16 Airport Proceedings Docket
AGC-610
Federal Aviation Administration
800 Independence Ave., SW
Washington, DC 20591
The complaint should:

1. State the name and address of each person who is the subject of the complaint and, with respect to each person, the specific provisions of each law, grant assurance, and/or surplus property agreement that the complainant believes were violated;

2. Provide a concise but complete statement of the facts relied upon to substantiate each allegation;

3. Describe how the complainant was directly and substantially affected by the things done or omitted to be done by the respondent(s); and

4. Provide a summary of the actions taken to bring the perceived violation(s) to the attention of the airport sponsor and any efforts to resolve the issues directly with the airport sponsor.

The original and three copies of each document should be filed with the FAA Part 16 Airport Proceedings Docket. The original should be signed by the person filing it or the person’s duly authorized representative.

A certificate of service should accompany all documents when they are filed. The certificate must certify concurrent service on the FAA and all parties named in the complaint as persons responsible for the alleged action(s) or omission(s) upon which the complaint is based.

The certificate of service should be in substantially the following form:

I hereby certify that I have this day served the foregoing [name of document] on the following persons at the following addresses and facsimile numbers (if also served by facsimile) by [specify method of service]:
[list person, addresses, facsimile numbers]
Dated this _________ day of ______, 20__.
[signature], for [party]

After a formal complaint is received, the FAA has 20 days to either docket or dismiss the complaint.

Formal complaints are dismissed when the complainant lacks standing, does not follow the correct procedures to file the complaint, or fails to document good faith efforts to resolve the matter informally.

Once a formal complaint is docketed, the airport sponsor has 20 days to file its answer. The complainant may file its reply within 10 days of the date of service of the answer. The airport sponsor may file a rebuttal within 10 days of the date of service of the complainant’s reply. The FAA has 120 days, from the date of the last pleading submitted, to conduct its investigation and issue a Director’s Determination.

Any party adversely affected by the Director’s Determination may appeal the initial determination to the Associate Administrator for Airports within 30 days after the date of service of the initial determination. The Associate Administrator will render a Final Agency Decision which may be appealed to the U.S. Court of Appeals.

Prior to filing a formal complaint, please review the Frequently Asked Questions about Part 16.

The Part 16 Decision Database contains copies of all Director’s Determinations and Final Agency Decisions issued. Oftentimes, complaints focus on similar issues, so understanding how the FAA has decided a case in the past may be helpful.

RESOURCES AND REFERENCES
Airport Compliance Program
http://www.faa.gov/airports/airport_compliance/
FAA Order 5190.6B, Airport Compliance Manual
http://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/ Sponsor Assurances
http://www.faa.gov/airports/aip/grant_assurances/media/airport_sponsor_assurances_2012.pdf FAA’s Policy Regarding Airport Rates and Charges
http://www.faa.gov/airports/airport_compliance/media/airports_rates_charges_policy_with_ amendments.pdf
FAA’s Policy and Procedures Concerning the Use of Airport Revenue http://www.faa.gov/airports/resources/publications/federal_register_notices/media/obligation_final99. pdf
FAA’s Advisory Circular on Exclusive Rights at Federally Obligated Airports http://www.faa.gov/documentLibrary/media/advisory_circular/150-5190-6/150_5190_6.pdf FAA’s Advisory Circular on Minimum Standards for Commercial Aeronautical Activities http://www.faa.gov/documentLibrary/media/advisory_circular/150-5190-7/150_5190_7.pdf 14 Code of Federal Regulations § 13.1
http://www.gpo.gov/fdsys/pkg/CFR-2011-title14-vol1/xml/CFR-2011-title14-vol1-part13. xml#seqnum13.1
14 Code of Federal Regulations § 16
http://www.gpo.gov/fdsys/pkg/CFR-2011-title14-vol1/xml/CFR-2011-title14-vol1-part16.xml Frequently Asked Questions about Part 16
http://part16.airports.faa.gov/index.cfm?page=FAQ
Part 16 Decision Database
http://part16.airports.faa.gov/index.cfm?page=CaseFileSearch CITY COUNCIL AGENDA – FEBRUARY 4, 2025
SUBJECT: Second Water Service - 478 S. Doyle St
SOURCE: Community Development
COMMENT: Staff received a request for a will-serve letter to provide a second water connection service to an existing property located at 478 S.

Doyle Street for the development of an SB9 unit under Gov. Code Section 65852.21, et seq.

BACKGROUND: The property at 478 S. Doyle St. (APN 264-050-002) is located in East Porterville, outside the city limits and within the City’s Urban Development Boundary. It is developed with a single-family residence, with a proposed SB9 primary unit under consideration by the County of Tulare. The existing residence currently receives water via an Extraterritorial Service Agreement (ESA) as an emergency water service connection through the Department of Water Resources (DWR) Emergency Connection Project for East
Porterville, under which the subject property qualified as part of the East Porterville Feasibility Study Project Area. The ESA was approved on August 28, 2016. The ESA included an Irrevocable Agreement for Annexation (IAA #70-02) and a Deed Restriction for future development, which was recorded at the Tulare County Recorder’s office as Record Number 2017-0061795 on October 6, 2017. The deed restriction provided that “no expansion or modification of this use, including conversion of structures or addition of habitable structures, may be permitted without approval of the City Council of the City of Porterville.”
ANALYSIS: Pursuant to Gov. Code Section 65852.21, et seq., Tulare County is required to ministerially approve a proposed SB9 primary unit without discretionary review or a hearing if it meets the required findings.

Correspondingly, the City of Porterville is required to approve a water service for the proposed SB9 primary unit, if requested.

ENVIRONMENTAL
REVIEW:

On January 15, 2025, the Environmental Coordinator made a determination that the project is exempt from CEQA as a ministerial project as it consists solely of the approval of an individual utility service connection (CEQA Guidelines Section 15268(b)(4)).

RECOMMENDATION: That the City Council adopt the draft resolution approving the second water service connection at 478 S. Doyle Street.

ATTACHMENTS: 1. Locator Map

2. Site Plan

3. Irrevocable Agreement for Annex. to City of Porterville Recorded 70-02

4. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

485 S DOYLE ST PORTERVILLE, CA 93257
LOT DESCRIPTION:

ADDRESS:

APN: 264-050-002
LOT AREA:

LOT 1 OF PARCEL MAP 236 R.M. 3-36 LOCATED IN THE NORTH
HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF TULARE, STATE OF CALIFORNIA 43,560 SQ. FT.

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TITLE 24 ENERGY
ALL LUMINAIRES MUST BE HIGH EFFICACY (150.0(K)1A)

LUMINARIES RECESSED IN INSULATED CEILINGS MUST MEET FIVE REQUIREMENTS (150.0(K)1C):
- THEY MUST BE RATED FOR DIRECT INSULATION CONTACT (IC). - THEY MUST BE CERTIFIED AS AIRTIGHT (AT) CONSTRUCTION. - THEY MUST HAVE A SEALED GASKET OR CAULKING BETWEEN THE

HOUSING AND CEILING TO PREVENT FLOW OF HEATED OR COOLED AIR OUT OF LIVING AREAS AND INTO THE CEILING CAVITY.
- HARDWIRED BALLASTS OR DRIVERS, ALLOW BALLAST OR DRIVER

MAINTENANCE AND REPLACEMENT TO BE READILY ACCESSIBLE FROM BELOW THE CEILING WITHOUT REQUIRING CUTTING HOLES IN CEILING. - THEY MAY NOT CONTAIN A SCREW BASE SOCKETS

IN BATHROOMS, GARAGES, LAUNDRY ROOMS, AND UTILITY ROOMS, AT

LEAST ON LUMINAIRE IN EACH OF THESE SPACES SHALL BE CONTROLLED

BY A VACANCY SENSOR OR OCCUPANT SENSOR PROVIDED THE

OCCUPANT SENSOR IS INITIALLY PROGRAMMED LIKE A VACANCY SENSOR (MANUAL-ON OPERATION). (150.0(K)2I)
JOINT APPENDIX A (JA8) CERTIFIED LAMPS SHALL BE CONSIDERED HIGH EFFICACY. JA8 COMPLIANT LIGHT SOURCES SHALL BE CONTROLLED BY A VACANCY SENSOR OR DIMMER. (EXCEPTION:< 70SF CLOSETS AND HALLWAY) (150.0(K)2K)

UNDER-CABINET LIGHTING SHALL BE SWITCHED SEPARATELY FROM OTHER LIGHTING SYSTEMS. (150.0(K)2L)

ALL EXTERIOR LIGHTING SHALL BE HIGH EFFICACY, BE CONTROLLED BY A

MANUAL ON/OFF SWITCH AND HAVE ONE OF THE FOLLOWING CONTROLS (THE MANUAL SWITCH SHALL NOT OVERRIDE THE AUTOMATIC CONTROL DEVICE): (150.0(K)3A)
- PHOTO-CONTROL AND MOTION SENSOR
- PHOTO-CONTROL AND AUTOMATIC TIME SWITCH CONTROL
- ASTRONOMICAL TIME CLOCK CONTROL TURNING LIGHTS OFF DURING THE DAY

ALL HIGH EFFICACY LIGHT FIXTURES SHALL BE CERTIFIED AS
"HIGH-EFFICACY" LIGHT FIXTURES BY THE CALIFORNIA ENERGY COMMISSION.

CONTRACTOR SHALL PROVIDE THE HOMEOWNER WITH A LUMINAIRE SCHEDULE GIVING THE LAMPS USED IN THE LUMINAIRES INSTALLED. (10-103(B))
THE NUMBER OF BLANK ELECTRICAL BOXES MORE THAN 5 FEET ABOVE

THE FINISHED FLOOR SHALL NOT BE GREATER THAN THE NUMBER OF BEDROOMS. THESE ELECTRICAL BOXES MUST BE SERVED BY A DIMMER, VACANCY SENSOR, OR FAN SPEED CONTROL. (150(K)1B)

PROVIDE A GASKET/ INSULATION ON ALL INTERIOR ATTIC/UNDER-FLOOR ACCESSES. (110.7)

PROVIDE VERIFICATION ON THE PLANS HOW THE BUILDING WILL MEET THE

MINIMUM VENTILATION AND ACCEPTABLE INDOOR AIR QUALITY
REQUIREMENTS PER ASHRAE STANDARD 62.2. WINDOW OPERATION IS NOT

A PERMISSIBLE METHOD OF PROVIDING THE WHOLE BUILDING VENTILATION AIRFLOW REQUIRED. THIS IS SUBJECT TO HERS TESTING. THE FOLLOWING LABEL MUST BE ATTACHED TO THE FAN SWITCH: "TO MAINTAIN MINIMUM

LEVELS OF OUTSIDE AIR VENTILATION REQUIRED FOR GOOD HEALTH, THE

FAN CONTROL SHOULD BE ON AT ALL TIMES WHEN THE BUILDING IS OCCUPIED, UNLESS THERE IS SEVERE OUTDOOR AIR CONTAMINATION." (CALIFORNIA ENERGY CODE 150.0(O)) A MINIMUM 100 CFM INDOOR AIR QUALITY FAN IS REQUIRED IN THE KITCHEN AND SHALL BE HERS VERIFIED.

GENERAL

PROVIDE EACH BEDROOM, BASEMENT, AND HABITABLE ATTICS WITH A MINIMUM OF ONE EXTERIOR WINDOW WITH A 44" MAXIMUM CLEAR OPENING HEIGHT, 5.7 SQ. FT. MINIMUM CLEAR OPENABLE AREA (MINIMUM 5.0 SQ.FT.

AT GRADE FLOOR OPENINGS), 24" MINIMUM CLEAR OPENABLE HEIGHT AND 20" MINIMUM CLEAR WIDTH, OR AN OPENABLE EXTERIOR EXIT DOOR. (CRC R310.2.1 AND CRC R310.2.2) WINDOW WELLS, LADDERS, AND STEPS SHALL COMPLY WITH CRC R310.2.3. BARS, GRILLS, COVERS, AND SCREENS SHALL

BE RELEASABLE OR REMOVABLE FROM THE INSIDE WITHOUT THE USE OF A KEY, TOOL, SPECIAL KNOWLEDGE, OR FORCE GREATER THAN 15 LBS TO OPERATE THE EMERGENCY ESCAPE AND RESCUE OPENINGS. (CRC R310.4)

PHOTOVOLTAIC PANELS & MODULES SHALL NOT BE BELOW AN
EMERGENCY ESCAPE AND RESUCE OPENING WITHIN 36". (CRC 324.6.2.2)

EACH BATHROOM CONTAINING A BATHTUB, SHOWER OR TUB/SHOWER

COMBINATION SHALL BE MECHANICALLY VENTILATED WITH ENERGY STAR APPROVED EQUIPMENT (MINIMUM 50 CFM) WITH AN INTEGRAL HUMIDISTAT INSTALLED. (CRC R303.3.1)
ENCLOSED RAFTER SPACES SHALL HAVE A 1-INCH CLEAR CROSS
VENTILATION. (PROPERLY SIZED RAFTERS
FOR INSULATION) (CRC R806.3)
PROVIDE LANDINGS AND A PORCH LIGHT AT ALL EXTERIOR DOORS.

LANDINGS ARE TO BE MINIMUM 3 FT DEEP X WIDTH OF DOOR. LANDINGS

AT REQUIRED EGRESS DOORS MAY STEP DOWN A MAXIMUM OF

7.75 INCHES WHEN THE DOOR DOES NOT SWING OVER THE LANDING AND

1.5 INCHES WHEN DOOR SWINGS ONTO THE LANDING. OTHER THAN

REQUIRED EXTERIOR EXIT DOORS MAY HAVE A THRESHOLD OF

7.75 INCHES MAXIMUM; A LANDING IS NOT REQUIRED IF A STAIR WITH

TWO OR FEWER RISERS IS LOCATED ON THE EXTERIOR SIDE AND THE DOOR DOES NOT SWING OVER THE STAIRWAY. (CRC R311.3-
R311.3.2)
THE FOLLOWING WINDOWS SHALL BE FULLY TEMPERED: (CRC R308.4) - SLIDING/SWINGING GLASS DOORS
- GLAZING IN WALLS AND ENCLOSURES FACING HOT TUBS, SPAS,

WHIRLPOOLS, SAUNAS, STEAM ROOMS, BATHTUBS, SHOWERS AND
SWIMMING POOLS WHERE THE GLAZING IS LESS THAN 60 INCHES ABOVE THE STANDING SURFACE WITHIN THE COMPARTMENT AND WITHIN 60

INCHES HORIZON- TALLY OF THE
WATER’S EDGE (CRC R308.4.5)
- GLAZING WITHIN A 24" ARC OF A DOOR THAT IS LESS THAN 60 INCHES ABOVE THE FLOOR. SAFETY GLAZING REQUIRED ON A WALL LESS THAN 180 DEGREES FROM THE PLANE OF THE DOOR IN A CLOSED POSITION AND WITHIN 24" OF HINGE SIDE OF AN IN-SWING DOOR. (R308.4.2)
-GLAZING WHERE THE EXPOSED AREA IS GREATER THAN 9SQ.FT, BOTTOM IS LESS THAN 18 IN. AND AT LEAST 36 IN. ABOVE THE FLOOR,

AND ADJACENT TO A WALKING SURFACE
-WITHIN 60IN. OF THE BOTTOM TREAD OF A STAIRWAY AND LESS THAN 36IN. ABOVE THE LANDING
-GLAZING IN GUARDS AND RAILINGS
-GLAZING ADJACENT TO STAIRWAYS, LANDINGS, AND RAMPS WITHIN 36IN. HORIZONTALLY OF THE WALKING SURFACE LESS THAN 36IN.

ABOVE THE WALKING SURFACE
PROVIDE FALL PROTECTION IN ACCORDANCE WITH C.R.C. SECTION R312.2.1 FOR THE OPERABLE WINDOWS WITH SILLS LOCATED LESS THAN 24 INCHES ABOVE FINISHED FLOOR AND GREATER THAN 72 INCHES

ABOVE THE FINISHED GRADE, OR SURFACE ON THE OUTSIDE OF THE BUILDING. C.R.C. SECTION R312.2
SHEET

OF SHEETS
JUNE 2024

AS SHOWN
DATE
JOB NO.

SCALE
DRAWN

CHECKED
K.R.S.

REVISIONS BY
1 14
2024-022
C.A.L.

CAL DRAFTING SERVICES
CHRIS A. LEON
(559) 361-3381 1932 W. CHERYLL AVE. PORTERVILLE, CA. 93257 [email protected]

SITE PLAN
SCALE : 1" = 20'-0"

DESIGN BY KELSIE
[email protected]
centralvalleydrafting.com

S DOYLE ST

N O R T H
25'-0"

FRONT SETBACK
291.00
291.00
150.00150.00
EXISTING 1,225 SQ. FT. RESIDENCE

EXISTING

COVERED ENTRY

EXISTING CARPORT

EXISTING SHED

TO BE REMOVED

SHED AND COVERED

PARKING TO BE REMOVED
25'-0"

REAR SETBACK
5'-0"

SIDE SETBACK
5'-0"

SIDE SETBACK
TOP
OF
BANK
TOP
OF
BANK
30'-0"

WOOD FRAME TYPE V
OCCUPANCY TYPE:

PROPOSED RESIDENCE GROUP R-3
FLOOD ZONE INFORMATION:

RESIDENCE TO BE EQUIPPED WITH
TYPE OF CONSTRUCTION:

ZONING:

RURAL RESIDENTIAL R-A-M
SCOPE OF WORK:

PROPOSED 3 BEDROOM SINGLE FAMILY RESIDENCE
4 INDEX OF SHEETS

SITE PLAN / NOTES
5 FLOOR PLANS / NOTES
6 EXTERIOR ELEVATIONS / NOTES
7 FOUNDATION PLAN / NOTES
8 ROOF FRAMING PLAN / NOTES
9 ELECTRICAL PLAN / NOTES
10 MECHANICAL PLAN / NOTES
11 PLUMBING PLAN / NOTES

SECTION A / DETAILS

DETAILS
TITLE 24 ENERGY COMPLIANACE DOCUMENTATION
LOT COVERAGE:
4,321 / 43,560 4,321 / 43,560 = 9.9%
EXISTING RESIDENCE GROUP R-3

PROPERTY LOCATED IN FLOOD ZONE 'X' PER FEMA FIRM PANEL
06107C1662E DATED 6/16/2009
EXISTING CONDITIONS PRIOR TO THE START OF CONSTRUCTION.

CONTRACTOR SHALL LOCATE ALL UTILITIES AND VERIFY
FINISH GRADE @ 2% MIN. AWAY FROM FOUNDATION FOR

DRIVEWAYS OR SWALES
12"x12" CONCRETE SPLASH BLOCKS. DIRECT DRAINAGE TO

PROVIDE GUTTERS AND DOWNSPOUTS THROUGHOUT W/
10 L.F. MIN.

SITE PLAN NOTES:

ORDINANCES

H) ALL OTHER APPLICABLE STATE AND LOCAL CODES AND

G) OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

F) NATIONAL FIRE PROTECTION ASSOCIATION
TITLE 24
D) 2022 CALIFORNIA ELECTRICAL CODE
C) 2022 CALIFORNIA PLUMBING CODE
B) 2022 CALIFORNIA MECHANICAL CODE
A) 2022 CALIFORNIA BUILDING CODE

ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED

CONFORMING TO THESE CODES OR OTHERS APPLICABLE TO THIS

E) STATE OF CALIFORNIA ENERGY CONSERVATION REGULATIONS

IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT
AMENDED AND ADOPTED BY THE INSPECTION AUTHORITY. NOTHING

IN COMPLIANCE WITH THE FOLLOWING LATEST APPROVED CODES AS PROJECT.

TITLE 24 ENERGY COMPLIANACE DOCUMENTATION
TITLE 24 ENERGY COMPLIANACE DOCUMENTATION

FIRE SPRINKLERS
BUILDING AREA:

PROPOSED RESIDENCE 1,968 SQ. FT. PROPOSED COVERED PORCH/PATIO 924 SQ. FT.

EXISTING RESIDENCE 1,225 SQ. FT. EXISTING COVERED CARPORT 600 SQ. FT.

DETAILS
T-1
T-2
T-3

BOTTOM OF BANK
PP
PP
PP
(E) GAS METER
(E) 1" WATER METER AND BACKFLOW PREVENTOR
PROPOSED 1" MIN. WATER METER AND SERVICE

CONNECTION TO PROVIDED PER CITY OF PORTERVILLE
UTILITIES:

WATER SERVICE CITY OF PORTERVILLE

SEWER SERVICE PORTER VISTA PUBLIC UTILITIES DISTRICT

STANDARDS FOR MANIFOLD CONNECTIONS

PROPOSED GAS SERVICE
(E) GAS SERVICE
(E) SITE POWER POLE AND OVERHEAD

SERVICE TO (E) HOUSE

PROVIDE POWER DROP FROM (E) SERVICE

POLE AND UNDERGROUND SERVICE TO PROPOSED

RESIDENCE
(E) 4"~ SEWER CLEANOUT AND SERVICE FROM
(E) RESIDENCE - CONNECT PROPOSED 4"~ SEWER

FROM PROPOSED RESIDENCE WITH TWO WAY

CLEANOUT - VERIFY ALL EXISTING CONDITION

PRIOR TO INSTALLING SERVICE
PROVIDE 4"~ SEWER

CLEANOUT AT EACH CHANGE
OF DIRECTION AND MAX. 75'

SPACING
46'-3"±
16'-3"±

PROPOSED WATER SERVICE
PROPOSED 4"~ SEWER -
PLUMBING PLAN SHEET 8

AREA OF GROUND MOUNT

SOLAR PANELS
EXISTING SHED TO BE REMOVED - 336 SQ. FT.

EXISTING SHED TO BE REMOVED - 60 SQ. FT.
27'-0"
TOTAL: 4,321 SQ. FT.
1 2
3 PROPOSED

RESIDENCE

PROPOSED

COVERED
WALKS

Page 1 of 2 ends

Porterville City CouncilFebruary 4, 2025

Porterville City Council
February 4, 2025