Porterville City Council
September 16, 2025

City Council Agenda September 16, 2025

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
SEPTEMBER 16, 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 ,
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 54956.8 – Conference with Real Property Negotiators/Property: A portion of APN: 302-140-011 Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and the United States (Bureau of Reclamation). Under Negotiation: Terms and Price.
2- Government Code Section 54956.95 – Liability Claim: Claimant: Sebastian Martinez. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Jennifer Millikin. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: State Farm Insurance as Subrogee of Elvia Fernandez. Agency claimed against: City of Porterville. 5- Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Huntington Beach, et al. v. Newsom, et al., No. 23-3694 (Ninth Circuit), D.C. No. 8:23-cv-00421-FWS-ADS.

City Council Agenda September 16, 2025

6 - Government Code Section 54957 - Public Employee Appointment/Employment:

Title: City Manager
7 - Government Code Section 54957.6 – Conference with Labor Negotiator.

Agency Negotiator: Mayor Greg Meister. Employee: City Manager. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN

CLOSED SESSION
Pledge of Allegiance Led by Council Member Green
Invocation

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - September 4, 2025

2. Library & Literacy Commission - September 9, 2025

3. Youth Commission - September 10, 2025

4. Transactions and Use Tax Oversight Committee (TUTOC) - August 26, 2025 II. Staff Informational Reports

1. Water Conservation Phase II Status Update - August 2025

2. Fall Community Clean Up Event

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 Replacement Firewall for the Police Department City Council Agenda September 16, 2025

Re: Consideration of the purchase of the Sophos XGS2100 firewall with three-year protection subscription for the Police Department from SHI International Corp. at a cost of $6,610.31.

2. Authorization to Repair Refuse Truck Engine
Re: Consideration to repair Refuse Truck #6605 by E.M. Tharp, Inc. – American Truck Parts, an authorized Cummins repair facility, at a cost not to exceed $19,488.26, inclusive of all parts, taxes, labor, and contingency.

3. Authorization to Repair Utility Vehicle
Re: Consideration to repair Shop utility vehicle #6455 by Exeter Mercantile, a certified Kawasaki service center, at a cost not to exceed $5,974.60

4. Authorization to Upgrade Financial Software to Tyler Technologies ERP Pro 10 Re: Council to consider the upgrade of the City’s financial software from Tyler Technologies ERP Pro 9 to ERP Pro 10, including a one-time upgrade cost of $65,640 and annual maintenance of $84,189.

5. Authorization to Award Contract - City Facilities HVAC Maintenance Re: Consideration to award a contract for City facilities HVAC maintenance to Emcor Services in the amount of $75,782, including a 10% contingency.

6. Authorization and Funding Allocation for EKOS Software License Agreement Re: Consideration to execute a five-year software license agreement with EKOS Software for the City’s fuel management system, in an amount not to exceed $43,920.

7. Authorization for Renewal Agreement with Kings/Tulare Area Agency on Aging (KTAAA) Re: Consideration of a renewal agreement with Kings/Tulare Area Agency on Aging (KTAAA) for continuation of the Senior Nutrition Program at the Santa Fe Depot, with the City contributing $14,000 annually for twelve calendar quarters beginning October 1, 2025.

8. Approval of Amended Joint Powers Agreement - Central San Joaquin Valley Risk Management Agency (CSJVRMA)
Re: Consideration to adopt a draft resolution approving the amendments to the CSJVRMA Joint Powers Agreement.

9. Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
Re: Council to consider participating in cooperative purchasing of asphalt materials under Tulare County contracts with Jaxon Enterprises for Fiscal Year 2025–2026, with funding from the Asphalt Overlay Program Capital Improvement Budget (STP, Measure R, and Measure I)

10. Intent to Set a Public Hearing to Discuss the Transition from Phase II of the City’s Water Conservation Plan
Re: Considering approval to schedule a public hearing on October 7, 2025, to consider the transition from Phase II of the City's Water Conservation Plan.

11. Acceptance of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant
City Council Agenda September 16, 2025

Re: Consideration to accept the California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant in the amount of $95,000 for personnel costs and equipment to support DUI checkpoints, saturation patrols, and targeted traffic enforcement from October 1, 2025 through September 30, 2026.

12. Request for Proclamation - Constitution Week
Re: Considering approval of a proclamation request to proclaim the week of September 17– 23, 2025, as “Constitution Week” in the City of Porterville.

13. Approval of Memorandum of Understanding Between the City of Porterville and the Fire Officer Series
Re: Consider the approval of the Memorandum of Understanding between the City of Porterville and the Fire Officer Series for the period of July 1, 2025, through June 30, 2028; and the adoption of a Resolution ratifying the MOU and amending the Employee Pay and Benefit Plan to reflect its provisions.

14. Approval of Memorandum of Understanding Between the City of Porterville and the Porterville City Firefighter Association
Re: Consider the approval of the Memorandum of Understanding between the City of Porterville and the Porterville City Firefighter Associations for the period of July 1, 2025, through June 30, 2028; and the adoption of a Resolution ratifying the MOU and amending the Employee Pay and Benefit Plan to reflect its provisions.

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

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

PUBLIC HEARINGS

16. Continued Public Hearing for Consideration of an Amendment to the Land Use Element of the 2030 General Plan and an Ordinance Amending Series 200 of Chapter 21 of the Porterville Municipal Code, pertaining to an Increase in Residential Densities in the RM-3 Zone District
Re: Hold the continued public hearing to receive public comments, consider a draft resolution approving the addendum to the Porterville 2030 General Plan EIR and the amendment to the Land Use Element of the 2030 General Plan, and consider the approval and first reading of a draft ordinance increasing the maximum density in the RM-3 High Density Residential District from 30 to 30.5 units per acre.

17. Continued Public Hearing to Consider the Final Environmental Impact Report (EIR) for the Henderson Commercial Development, amending the General Plan to reflect the Land Use Designation for the site to Retail Centers and approving the Conditional Use permit for PRC-2018-24-C
Re: Hold the continued public hearing to receive public comment, consider the certification of the Final Environmental Impact Report (SCH #2023060320) for the Henderson City Council Agenda September 16, 2025

Commercial Development Project, adoption of CEQA Findings and Statement of Overriding Considerations, approval of a General Plan Amendment to change APN 246-240-020 from Low Density Residential to Retail Centers, and approval of Conditional Use Permit PRC 2018- 024-C for a 92,060 square foot commercial center including a Type 21 off-sale alcohol license.

18. Text Amendment to Porterville Municipal Code Chapter 21 Series 300, Article 305-Signs Re: Hold the public hearing to receive public comments, and consider the approval and the first reading of an ordinance amending Article 305 – Signs of the Porterville Development Ordinance to streamline regulations, eliminate unnecessary requirements, and retain provisions necessary to protect public health and safety

19. Adoption of Fiscal Year 2025-2026 Budget
Re: Public Hearing to consider adoption of the Fiscal Year 2025–2026 Budget

SCHEDULED MATTERS

20. Consideration to Participate in Strathmore Public Utility District Preliminary Engineering Report Study
Re: Consideration to participate in the Strathmore Public Utility District Preliminary Engineering Report study, with options to either participate for evaluation purposes only or to decline participation.

21. Community Benefit Cannabis Program Grant
Re: Consideration of awarding Community Benefit Small Business and Non-Profit Grant Program funds as recommended by the Cannabis Committee and adopt program modifications regarding eligibility periods, standardized award cycles, and grant agreement documentation requirements

22. City Manager Employment Agreement Between the City of Porterville and Richard Tree Re: Council consideration of the Employment Agreement Between the City of Porterville and Richard Tree; and if approved, schedule ceremonial swearing in for the next regular City Council meeting on October 7, 2025.

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

1. Cannabis Committee - August 25, 2025 (carried over)

2. Downtown Porterville Committee - August 28, 2025 (carried over)

3. Local Initiatives Navigation Center (LINC) - September 3, 2025

4. Eastern Tule Groundwater Sustainability Agency - September 4, 2025

5. Mighty 190 - September 8, 2025

6. Tulare County Association of Governments (TCAG) - September 15, 2025

ORAL COMMUNICATIONS
City Council Agenda September 16, 2025

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 October 7, 2025, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, 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 – SEPTEMBER 16, 2025
SUBJECT: 1. Water Conservation Phase II Status Update - August 2025 SOURCE: Public Works
COMMENT: On June 1, 2025, the City of Porterville transitioned from Phase IV to Phase II of its Water Conservation Plan, which applies to all municipal water users within or outside the city limits. Under Phase II, outdoor watering is limited to three days per week, with odd-numbered addresses allowed to water on Tuesday, Thursday, and Saturday, and even-numbered addresses on Wednesday, Friday, and Sunday. Outdoor watering is prohibited between the hours of 5:00 a.m. to 10:00 a.m. and 5:00 p.m. to 10:00 p.m., as well as during and within 48 hours following measurable rainfall greater than 0.01 inch.

Violations of prohibited activities are considered infractions and punishable by fines of up to $500 per day. Any peace officer or authorized public agency employee may issue a citation. Enforcement for August 2025 showed full compliance: no Notices of Violation and no administrative citations were issued.

Water production for August 2025 totaled 413 million gallons, representing an 18% decrease compared to August 2013, when production was 509 million gallons. Residential consumption was 154 gallons per capita per day (GPCD), reflecting a 22% decrease from 199 GPCD in August 2013.

Cumulative conservation efforts from August 2015 through August 2025 show a 20% reduction in total production and a 25% reduction in GPCD when compared to 2013 levels. This performance meets the State's conservation standard of 20%, adopted to maintain consistency in public outreach, ensure resiliency for a three-year supply under drought conditions, and align with the City’s Urban Water Management Plan and Sustainable Groundwater Management Act (SGMA) requirements.

The State Water Resources Control Board continues to require monthly reporting to track urban water use and conservation. Proposed permanent regulations adopted under Senate Bill 606 and Assembly Bill 1668 will require urban water suppliers to implement efficiency standards and report performance regularly. On July 3, 2024, the State Water Board adopted Resolution No. 2024-0019, Making Conservation a California Way of Life, which establishes long-term efficiency goals and prepares suppliers to implement conservation standards as necessary. Staff is currently implementing measures to track indoor residential water use as part of this requirement.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Drought Response Phase II Flyer

2. Monthly Production Status August 2025

3. Monthly Production Status GPCD August 2025
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk The City of Porterville has adopted a Phase II Drought Response Plan. As part of the Phase II plan, the City has restricted watering days to three days per week, based on address.

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

WATERING PROHIBITED

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

THERE IS NO WATERING
ON MONDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
Your watering days are Tuesday,
Thursday, and Saturday.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
Your watering days are
Wednesday, Friday, and Sunday.

OR
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through August 2025 Production Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through August 2025 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
5 Year AVG
CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: 2. Fall Community Clean Up Event
SOURCE: Public Works
COMMENT: To encourage local property maintenance and neighborhood beautification, the City sponsors two community clean-up events each year—one in the spring and one in the fall. These events provide City residential refuse customers with the opportunity to dispose of general trash, bulky items, mattresses, wood waste, yard clippings, and e-waste free of charge at the City’s Corporation Yard.

The Fall 2025 clean-up event is scheduled for Saturday, October 18, 2025, from 8:00 a.m. to 2:00 p.m., at 555 N. Prospect Street, Porterville. Residents are required to present a current City of Porterville refuse bill as proof of residency. Commercial or business waste will not be accepted. Trailers are limited to a maximum length of ten feet, and participants must unload their own vehicles.

Unacceptable items include hazardous waste, tires, refrigerators, and oversized auto parts. As in past years, the City will partner with Tulare County Environmental Health to provide residents with a separate Household Hazardous Waste and E-Waste drop-off event at the Tulare County Fire Station, 22315 Avenue 152, Porterville, from 8:00 a.m. to 12:00 p.m. This collection allows for safe disposal of household chemicals, used motor oil, paint, automotive batteries, fluorescent tubes, and similar hazardous materials.

Funding for the Fall 2025 clean-up event is appropriated in the Solid Waste Operating Budget.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Fall 2025 Clean Up Event Flyer

2. Fall 2025 Clean Up Event Flyer Spanish
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 2025 COMMUNITY CLEAN-UP &
SATURDAY, OCTOBER 18, 2025
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US

CURRENT CITY OF PORTERVILLE REFUSE BILL IS REQUIRED
Trailers will be limited up to 10 feet.

Participants will be required to unload their own vehicle.

PLEASE NOTE: City residents only. No county, business or commercial waste allowed.

NO CHILDREN OR PETS ALLOWED OUTSIDE OF YOUR VEHICLE
ACCEPTABLE ITEMS:

Greenwaste: Tree Limbs, Branches, Yardwaste (Not to exceed 10 feet) Household Waste: Household Trash, Furniture, Scrap Metal, Mattress/Box Springs E-Waste: Computers, Laptops, Monitors, Televisions, Cell Phones, Tablets.

Construction & Demolition: Concrete, Dirt, Wood
UNACCEPTABLE ITEMS:

Household Hazardous Waste (Batteries, Paint, Oil, Oil Filters, Flourescent Bulbs), Tires, Refrigerators, Oversized Auto Parts (Cab, truck bed, etc.)

FALL FREE

DISPOSAL EVENT

TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
One Day Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m. • No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted. • By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility. • For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
• For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
• Computers/Monitors
• Cell Phones/Televisions
• Automotive Batteries
• Automotive Fluids & Antifreeze
• Fluorescent Lamps & Tubes
• Garden Chemicals/ Pesticides
• Household Batteries
• Household Cleaners/Poisons
• Pool Chemicals
• Paints/Solvents/Aerosol Cans
• Used Motor Oil & Filters/
Gasoline
2025 EVENTO COMUNITARIO DE
SÁBADO, OCTUBRE 18, 2025
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US

REQUIERE FACTURA DE BASURA ACTUAL DE LA CIUDAD DE PORTERVILLE Se limitarán las trailas a 10 pies.

Los participantes deben descargar su propio vehículo.

TENGA EN CUENTA: Solo clientes residenciales. No se permiten residuos de negocios o comerciales.

NO SE ADMITEN NIÑOS O MASCOTAS FUERA DE SU VEHÍCULO
ARTÍCULOS ACEPTABLES:

Basura: Ramas de Árboles, Ramas, Desechos de Jardín (No exceder 10 pies) Desechos Domésticos: Basura Doméstica, Muebles, Chatarra, Colchones/Canapés Residuos Electrónicos: Computadoras, Portátiles, Pantallas, Televisores, Celulares, Etc.

Construcción y Demolición: Cemento, Tierra, Madera
ARTÍCULOS INACEPTABLES:

Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes, Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)
OTOÑO GRATIS
LIMPIEZA Y ELIMINACIÓN
Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
• Computadoras/Pantallas
• Teléfonos Celulares/Televisores
• Baterías de Automóviles
• Fluidos y Anticongelantes para
Áutomóviles
• Lámparas y Tubos Fluorescentes
• Químicos de jardín/ pesticidas
• Pilas
• Limpiadores Domésticos/Venenos
• Químicos para Piscina
• Pinturas/Disolventes/Contenedores de
Aerosol
• Aceite y Filtros de Aceite/Gasolina
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE • No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
• Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección. • Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org • Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.

Evento de Limpieza de Un Día en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.

Item No. 1.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization to Purchase Replacement Firewall for the Police Department SOURCE: Police
COMMENT: The IT Division utilizes a firewall to securely connect the Police Department’s Computer Aided Dispatch (CAD) server with trusted external organizations.

This firewall enables the sharing of criminal information with the Tulare County Sheriff’s Office (TCSO) and the California Department of Justice (CA DOJ), while also protecting our network from potential malicious activity originating from these connections.

The current firewall has reached its End of Life (EOL), requiring a replacement to maintain secure and reliable communications.

IT staff received the following quotes:

Vendor Total Cost
SHI Intl. Corp. $6,610.31
StrictlyTech $7,767.35
CDW-G LLC $8,470.30
Staff recommends the purchase of the Sophos XGS2100 firewall from SHI International Corp. The quoted price in the amount of $6,610.31 includes a 3- year Sophos Standard Protection subscription and provides a newer, upgraded model comparable to or better than our existing equipment. Funds to purchase the Sophos Standard Protection subscription, redundant power supply and security/firewall appliance is available in the Police Department’s General Fund operating budget.

RECOMMENDATION: That the City Council approve the purchase of the Sophos XGS2100 firewall from SHI International Corp. for the Police Department at a cost $6,610.31.

ATTACHMENTS: 1. SHI (Quote 26528790)

2. StrictlyTech (Quote 33542)
Item No. 1.

3. CDW-G (Quote PNQW635)
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Pricing Proposal
Quotation #:  26528790
Created On:  8/14/2025
Valid Until:   9/12/2025
CA-City of Porterville Inside Account
Executive
Robert Campos
291 N. Main Street
Porterville, CA 93257
United States
Phone: (559) 782-7432
Fax:

Email: [email protected]
Dave Stanley
290 Davidson AVE
Somerset, NJ 08873
Phone: 800-527-6389
Fax:

Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Sophos XGS 2100 Standard Protection - 36 Months - Government Sophos - Part#: SP210036ZZNGAA
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 4/17/2025 – 3/27/2028
Note: Software ESD
1 $4,218.34 $4,218.34
2 Sophos XRP2000 External Redundant Power Supply (for XGS 2xxx/3xxx/4300 models only) - US power cord
Sophos - Part#: XSXZT2HUS
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 4/17/2025 – 5/16/2026
Note: Software ESD
1 $580.10 $580.10
3 Sophos XGS 2100 Security Appliance - US power cord
Sophos - Part#: XG2ATCHUS
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 4/17/2025 – 5/16/2026
Note: Software ESD
1 $1,782.88 $1,782.88
Subtotal $6,581.32
Shipping $28.99
*Tax $0.00
Total $6,610.31
*Tax is estimated. Invoice will include the full and final tax due.

Additional Comments
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 SHI SPIN: #143012572
SHI-GS SPIN (For Texas customers ONLY): #143028315
For E-rate SPI orders, applicant shall be responsible for payment of any outstanding or ineligible costs if USAC rejects reimbursement claim in whole or in part.

The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.
2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Quotation
Number: 33542
Date: 08/12/2025
Quote prepared for: Robert Campos
Bill To:

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7432
Email: [email protected]
Ship To:

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7432
Email: [email protected]
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*1 SP210036ZZNGAA Sophos Standard Protection - Subscription License - 1 License - 3 Year - Government
Mfr: SOPHOS PLC
UNSPSC : 43231512
$ 5,062.18 1 $ 5,062.18
*2 XSXZT2HUS Sophos XRP2000 Redundant Power Supply - External - 120 V AC, 230 V AC Input
Mfr: SOPHOS PLC
UNSPSC : 39121004
$ 565.63 1 $ 565.63
*3 XG2ATCHUS Sophos XGS 2100 Network Security/Firewall Appliance - 8 Port - 10/100/1000Base-T - Gigabit Ethernet - 8 x RJ-45 - 3 Total Expansion Slots - 1U - Rack-mountable, Rail-mountable
Mfr: SOPHOS PLC
UNSPSC : 43222501
$ 2,139.54 1 $ 2,139.54
3 item(s) Sub-Total $ 7,767.35
Freight $ 0.00
Tax @ 0% $ 0.00
Total $ 7,767.35
(*) Tax exempted Part(s)
Quote Valid Until: 09/11/2025
Payment Details Shipping and Delivery Details
Pay by: Company PO
Payment Term: Net 30
Shipping via: FEDEX Ground
CAGE: 70BA0
DUNS: 078817964
FEIN: 46-2619818
Woman-Owned Small Business (WOSB)
Primary NAICS: 541519, 334111
Unique Entity ID (SAM): DEGDRGZ32898
Terms and Conditions
.

Prepared by: Keith Nguyen Email: [email protected] Phone: 954-606-5440 Hardware Software Services IT Solutions Brands Research Hub

QUOTE CONFIRMATION
Thank you for choosing CDW. We have received your quote.

ROBERT CAMPOS,
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QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL PNQW635 8/12/2025 PLDH186 0657199 $8,470.30

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
Sophos XGS 2100 - security appliance 1 6535227 $2,327.23 $2,327.23 Mfg. Part#: XG2ATCHUS
Contract: California AEPA-025F S&L Gov & Hi-Ed (025-F)
Sophos Standard Protection - subscription license (3 years) - 1 license
1 7913474 $5,499.02 $5,499.02
Mfg. Part#: SP210036ZZNGAA
Electronic distribution - NO MEDIA
Contract: MARKET
Sophos XRP2000 - power supply - redundant 1 6565470 $644.05 $644.05 Mfg. Part#: XSXZT2HUS
Contract: California AEPA-025F S&L Gov & Hi-Ed (025-F)
SUBTOTAL $8,470.30
SHIPPING $0.00
SALES TAX $0.00
GRAND TOTAL $8,470.30

PURCHASER BILLING INFO DELIVER TO
Billing Address:

CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Payment Terms: Net 30 Days-Govt State/Local
Shipping Address:

CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Shipping Method: DROP SHIP-GROUND
Please remit payments to:

CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Sales Contact Info
Tommy Baxter | (312) 705-0246 | [email protected]
Need Help?
My Account Support Call 800.800.4239
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This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager.
© 2025 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Item No. 2.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization to Repair Refuse Truck Engine
SOURCE: Public Works
COMMENT: Vehicle #6605 is an active commercial refuse truck currently in service that has extensive wear to its engine, requiring a complete overhaul. The truck is powered by a Cummins engine, which must be serviced by an authorized Cummins repair facility.

Staff recommends utilizing E.M. Tharp, Inc. – American Truck Parts, the nearest authorized Cummins repair service facility. The estimated cost for the repair is $19,488.26, which includes all parts, taxes, labor, and a 10% contingency. Funding for this repair is available in the Solid Waste operating fund.

RECOMMENDATION: That the City Council:

1. Authorize the repair of Refuse Truck #6605 by E.M. Tharp, Inc. – American Truck Parts at a cost not to exceed $19,488.26, inclusive of all parts, taxes, labor, and a 10% contingency; and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Estimate 6605
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 3.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization to Repair Utility Vehicle
SOURCE: Public Works
COMMENT: The City Field Services Shop utility vehicle, vehicle number #6455, is an active front-line unit essential to daily maintenance operations. The vehicle has experienced a drive converter failure and drive axle failure that require immediate replacement to ensure continued service reliability.

This vehicle is powered by a Kawasaki drive train and should be repaired by a certified Kawasaki service center. Staff recommends utilizing Exeter Mercantile, the nearest certified service center, to perform the required repairs. Exeter Mercantile has provided an estimate in the amount of $5,431.45 for parts, labor, and taxes. With the inclusion of a 10% contingency, the not-to-exceed authorization requested is $5,974.60.

Funds for this repair are available in the Shop Maintenance Budget.

RECOMMENDATION: That the City Council:

1. Authorize the drive converter and drive axle replacement on Shop utility vehicle #6455 by Exeter Mercantile at a cost not to exceed $5,974.60 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Estimate #6455
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Item No. 3.

Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Quotation
DATE: September 10, 2025
Quote # 123
Exeter Mercantile FOR: Utility Vehicle #6455
258 E. Pine St.

Exeter, CA 93221 BILL TO: City of Porterville (Shop)
Phone: 559 592-2121 555 N. Prospect St.

Porterville, CA 93257
Phone (559) 782-7597
AMOUNT
$ 1,014.75
Converter Asy, Driven $ 673.92
$ 765.62
$ 872.12
$ 645.63
$ 1,092.00
SUBTOTAL $ 5,064.04
TAX RATE 9.25%
SALES TAX $ 367.41

OTHER -
TOTAL $ 5,431.45
Drive shaft, Qty 2 @ $436.06
Drive shaft, Qty 2 @ $382.81
Converter Asy, Drive
Belts, bearings, silicone, gaskets

DESCRIPTION
replace bearings and seals, reseal all covers, road test. Qty. 6.5 hours @ $168 Labor to replace drive & driven converter assemblies, replace all four axle shafts, Do not pay from this quote, invoice will be sent by mail.

THANK YOU FOR YOUR BUSINESS!
Item No. 4.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization to Upgrade Financial Software to Tyler Technologies ERP Pro 10 SOURCE: Finance
COMMENT: The Finance Department is requesting authorization to upgrade the City’s financial Enterprise Resource Planning (ERP) system from Tyler Technologies ERP Pro 9 to ERP Pro 10. The current system manages critical financial and administrative functions, including General Ledger (GL), Accounts Payable (AP), Accounts Receivable (AR), Procurement (PO), Budgeting, Fixed Assets, Payroll, Cash Management, Utility Billing, Project Management, and Human Resources.

The upgrade to ERP Pro 10 will modernize the City’s financial management system while retaining all existing modules. Enhancements include an employee self-service portal for timesheet submission and payroll access, improved reporting tools, more efficient workflows, enhanced security permissions, and better performance when accessing remotely via VPN. The upgrade will ensure continuity of service while providing significant functional improvements without disrupting ongoing operations.

The Finance Department has used Tyler Technologies’ financial software suite for more than 24 years. During this time, the vendor has consistently provided reliable software and responsive service. As a proprietary system, ERP Pro can only be upgraded directly through Tyler Technologies. Transitioning to an alternative system would involve higher costs, lengthy implementation, potential service disruptions, and risk of data loss.

The one-time upgrade cost to ERP Pro 10 is $65,640. Annual maintenance fees of $84,189 remain unchanged and include continued service, technical support, and software updates. Maintenance agreements may be canceled at any time with prorated refunds available. Funding for both the upgrade and ongoing maintenance is appropriated in the General Fund, Water Operating Fund, Sewer Operating Fund, and Refuse Operating Fund.

RECOMMENDATION: That the City Council:

1. Approve the one-time implementation and upgrade fee for the ERP Pro 10 financial software in the amount of $65,640; and Item No. 4.

2. Authorize payment in the amount of $84,189 for the annual maintenance agreement with Tyler Technologies, and authorize ongoing annual payments for continued maintenance, service, updates, and technical support.

ATTACHMENTS: 1. Tyler (Quote-ERP Pro 10)

2. Tyler (Quote-ERP Pro 10 Maintenance)
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 2024-473923-M2P4B2 CONFIDENTIAL Page 1
Sales Quotation For: Shipping Address
City of Porterville City of Porterville
ENGINEERING DIVISION 291 N Main
PORTERVILLE CA 93257-3737 Porterville CA 93257-3737
Robert Campos
(559) 782-7432
[email protected]
Quoted By Brandon Swanson
Quote Expiration 12/24/25
Quote Name ERP Pro 10 Migration
Tyler Fees per Transaction
Description Net Unit Price
ERP Pro
ERP Pro 10 Customer Relationship Management Suite
Miscellaneous Payments $ 1.25
Utility Access Transactions $ 2.00
Tyler One
Notify
Notifications for Utilities $ 0.10
Tyler Migration Services
Description Total
2024-473923-M2P4B2 CONFIDENTIAL Page 2
ERP Pro
ERP Pro 10 Financial Management Suite
Financial Management Services $ 36,480
Accounts Receivable Services $ 1,440
Employee Access Pro
Accounts Receivable
Core Financials
Fixed Assets
Human Resources Management (Includes Position Budgeting) Purchasing
Employee Access Pro Time & Attendance
ERP Pro 10 Customer Relationship Management Suite
Customer Relationship Management Services $ 24,720
Additional Handheld Meter-Reader Interface
Cashiering
Utility Billing Water/Gas
Utility Access
Other Services
Project Management $ 3,000
Total: $ 65,640
Summary One Time Fees Recurring Fees
Total Tyler Services $ 65,640
Summary Total $ 65,640 $ 0
Contract Total $ 65,640
2024-473923-M2P4B2 CONFIDENTIAL Page 3
2024-473923-M2P4B2 CONFIDENTIAL Page 4
Comments
Work will be delivered remotely unless otherwise noted in this agreement.

SaaS is considered a term of one year unless otherwise indicated.

Cashiering Cashiering supports credit/debit cards, is PCI Compliant, and includes a cash collection interface and a cashiering receipt import.

Core
Financials
Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure signatures.

Utility Billing
Water/Gas
Utility CIS System includes collections, tax lien process and import, a standard forms pkg., output director and one Utility handheld meter-reader interface.

Utility Access Utility Access Component displays the current status (late, cut off etc), the action needed to avoid penalty, current balance, deposits on file (optional), last payment date, last payment amount, payment arrangements on file, last bill amount, last bill date, bill due date, contracts on file and status, transaction history (online payments). Payment packet is created to be imported to utility system. Address information includes legal description, precinct, school district, and services at address(subject to data availability). Includes consumption history by service (including graphs), request for service (optional), information change request (optional), security -SSL (secure socket layer).

Miscellaneous
Payments
Miscellaneous Payments Component allows clients to setup payment forms for misc. payments with a fixed, calculated or open payment amount. The payments are sent from the website to the cash collection/Cashiering application and then posted to the GL application. NOTE: There is a per transaction fee associated with the Miscellaneous Payments that will be paid by client unless Tyler is instructed by the client to pass along to the user at time of payment.

Notifications
for Utilities
Notifications for Utility Access include Customer notifications by phone (call late notices and general notifications) and texts. Call and text lists are automatically generated, and the account is updated after the call or text. Calls includes a custom message for each call type and the call message can be in English or Spanish. It generates reports based on call and text results. Note: The Utility will be billed at the rate specified above for all the calls and texts made. The Utility will be billed quarterly by Tyler Technologies for calls and texts conducted.

Utility Access
Transactions
Utility Access Transactions: Note that the customer pays a fee per transaction for payment on-line. 2024-473923-M2P4B2 CONFIDENTIAL Page 5
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible. • Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.

Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at thencurrent rates. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
• Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. • If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.

Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saasservices.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer
Approval:

Date:

Print Name: P.O.#:
2024-473923-M2P4B2 CONFIDENTIAL Page 6
2024-473923-M2P4B2 CONFIDENTIAL Page 7
2025-560713-B6X7Z2 CONFIDENTIAL Page 1
Sales Quotation For: Shipping Address
PORTERVILLE, CA CITY OF City of Porterville
ENGINEERING DIVISION 291 N Main
PORTERVILLE CA 93257-3737 Porterville CA 93257-3737
Robert Campos
(559) 782-7432
[email protected]
Quoted By Brandon Swanson
Quote Expiration 2/11/26
Quote Name ERP Pro 10 Maintenance
Tyler Annual Software – SaaS
Description Annual
ERP Pro
ERP Pro 10 Financial Management Suite
Core Financials $ 14,870
U/SQL Data Dictionary $ 2,585
System Software SQL $ 398
Purchasing $ 4,598
Accounts Receivable $ 4,063
Human Resources Management (Includes Position Budgeting) $ 14,775 Fixed Assets $ 2,216
ERP Pro 10 Customer Relationship Management Suite
Utility Billing Water/Gas $ 21,793
Business License $ 4,063
Utility Access $ 6,720
Cashiering $ 6,284
2025-560713-B6X7Z2 CONFIDENTIAL Page 2
Tyler Annual Software – SaaS
Description Annual
Additional Handheld Meter-Reader Interface $ 1,824
TOTAL: $ 84,189
Summary One Time Fees Recurring Fees
Total SaaS $ 84,189
Total Tyler Services
Summary Total $ 0 $ 84,189
2025-560713-B6X7Z2 CONFIDENTIAL Page 3
Comments
Work will be delivered remotely unless otherwise noted in this agreement.

Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.

SaaS is considered a term of one year unless otherwise indicated.

Item No. 5.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization to Award Contract - City Facilities HVAC Maintenance SOURCE: Parks and Leisure Services
COMMENT: At its meeting on July 15, 2025, the City Council authorized staff to distribute a Request for Proposals (RFP) to provide professional Heating, Ventilation and Air Conditioning (HVAC) maintenance services for City buildings. The RFP solicited qualified contractors to furnish all labor, equipment, tools, parts, materials and supplies required to provide scheduled maintenance and inspections for the existing systems. The selected contractor would also provide recommendations and quotes for repairs and/or replacements of parts and systems for any needed work that is not part of the defined maintenance and inspection work. The RFP also included the provision of all replacement parts and component systems required for existing building HVAC systems in accordance with all original equipment manufacturer specifications.

All of this will enable the HVAC units to run more efficiently while prolonging the life of the units. The Contractor will also be responsible for obtaining any necessary permits.

The objectives of the City for this RFP are as follows:

A. The City will establish a periodic preventive maintenance program for all City facilities' HVAC systems, including emergency repairs and replacement.

B. Cost-efficient and effective HVAC maintenance services.

C. The contractor will respond to emergency services.

D. Minimal interruptions to City operations.

E. Ensure consistent and reliable HVAC maintenance services for all City-owned facilities.

On August 22, 2025, staff received four (4) proposals from prospective contractors which were evaluated by the City's review committee on a range of criteria including understanding of the scope of work and the City's needs, technical approach, experience, and key personnel. The results are as follows:

Contractor Score
Emcor Services 84.3
Trane 81.7
HPS Mechanical, Inc 81.3
Roo's 64.3
Item No. 5.

All four (4) firms have qualified personnel that are capable of the required work this contract would entail. The main differences between the separate submittals are the number of technicians, the number of previous contracts listed similar in nature to this contract, and the depth of review/information provided regarding the many different systems in each of the City's buildings.

Emcore Services has been in business since 1983. They employ a large number of qualified technicians and have experience providing maintenance contracts for City's and businesses in the Central Valley, including; City of Clovis, UC Merced, CSUF, Table Mountain Casino, and Eagle Mountain Casino. In addition, their proposal included a comprehensive detailing of the City's different facilities and varying HVAC systems as well as the level of maintenance each would, and should, receive. After scoring the proposals, the pricing of each firm was reviewed and it was determined that, in addition to submitting the highest scoring proposal, Emcor Services also submitted the lowest annual price for their services, making them the best suited as well as most cost-effective choice.

Contractor Annual Price
Emcor Services $68,892
Trane $89,156
HPS Mechanical, Inc $102,763.76
Roo's $358,269
Funding for the City facilities HVAC maintenance is available through the General Fund out of the associated department's operating budgets. The estimated total project cost is $75,782 which includes a 10% contingency for any unforeseen costs.

RECOMMENDATION: That the City Council:

1. Award the contract for City facilities HVAC maintenance to Emcor Services in the amount of $75,782, which includes a 10% contingency to cover any unforeseen costs; and

2. Authorize the Parks and Leisure Services Director, pending final approval by the City Attorney, to execute the necessary agreement and related documents.

ATTACHMENTS: 1. Consultant Selection Ranking
Appropriated/Funded:

Review By:

Item No. 5.

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CONSULTANT SELECTION RATING FORM
HVAC Maintenance RFP Date: 8/22/2025Project Number : SR2007 Evaluation Factor
Rating Factor Numerical
Range & Weighting Based
on Importance of Factor
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 6.7 8.7 8.7 8.7b. Recent experience in projects comparable to the proposed project. 0-10 5.3 8.0 7.7 8.3c. Firm’s reputation for professional integrity and competence. 0-5 4.3 4.7 5.0 4.7d. Key personnel’s professional background and caliber. 0-7 5.7 6.0 6.7 6.7e. Adequate qualified personnel available for assignment to the project. 0-5 3.3 5.0 5.0 5.0f. Recent experience in specialized areas of expertise associated with the project. 0-5 3.0 4.3 4.3 5.0 g. Demonstrated ability to meet schedules or deadlines. 0-10 5.7 6.7 6.3 6.7h. Demonstrated ability to complete projects without having major cost escalations or overruns. 0-7 3.7 5.3 5.0 5.3i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration. 0-10 8.0 8.7 8.7 8.7j. Quality of project previously undertaken. 0-10 5.7 8.3 8.0 8.3k. Familiarity with and proximity to the geographic location of the project. 0-5 4.7 4.7 4.7 5.0l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office. 0-3

1.7 2.3 2.7 2.7
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns. 0-5 3.3 4.3 4.7 4.7n. Degree of interest shown in undertaking the project. 0-3 1.3 2.3 2.3 2.7o. Evidence that consultant is an equal opportunity employer. 0-2 0.0 0.0 0.0 0.0p. Proximity of firm’s office to project. 0-3 2.0 2.0 2.0 2.0 TOTAL SCORE: Maximum Points Possible = 100 64.3 81.3 81.7 84.3 FIRM
Roo's Emcor HPS Trane
Item No. 6.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization and Funding Allocation for EKOS Software License Agreement SOURCE: Public Works
COMMENT: On November 19, 2024, the City Council awarded a contract to Western Pump for the replacement of fuel pumps and the associated fuel management system at both the Corporation Yard and the Airport. As part of this project, a proprietary software license agreement and cellular data communications service are required to support the operation of the new fuel management system once it is installed and placed into service.

The software provider, EKOS Software, is the sole-source vendor for the system due to its proprietary compatibility with the components provided under the Western Pump contract. The EKOS License Agreement establishes a five-year term, with automatic renewals in three-year increments unless terminated with notice.

The annual cost of the license is $8,784, for a total five-year expenditure of $43,920. The agreement supports three equal shares of equipment—two serving the Corporation Yard and one serving the Airport. Accordingly, the cost should be allocated two-thirds to the Shop Maintenance budget and one-third to the Airport operating budget.

Funding for the license agreement is available and appropriated within the respective departmental budgets.

RECOMMENDATION: That the City Council:

1. Authorize the City Manager, or designee, to execute an annual software license agreement with EKOS Software for a five-year term, in an amount not to exceed $43,920;

2. Approve allocating the annual cost proportionally between the Shop Maintenance budget (two-thirds) and the Airport budget (one-third); and

3. Authorize payment for this service from the Shop
Maintenance and Airport operating budgets.

Item No. 6.

ATTACHMENTS: 1. August 5, 2025 Staff Report

2. EKOS License Agreement
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 7.

CITY COUNCIL AGENDA – AUGUST 5, 2025
SUBJECT: Authorization to Enter into Software License Agreement with EKOS Software SOURCE: Public Works
COMMENT: On November 19, 2024, the City awarded a contract to Western Pump for the replacement of fuel pumps and the associated fuel management system. As part of this project, a software license agreement and cellular data communications is required to support the operation of the new fuel management system once it is installed and placed into service.

The software provider, EKOS Software, is proprietary to the components included in the awarded project and is therefore a sole-source vendor for this system. The license agreement is structured as a five-year term, with annual renewals at a cost of $8,784 per year, for a total expenditure of $43,920 over the five-year period.

Funding is available in the Shop Operating Budget. Staff is requesting authorization to execute the annual license agreement with EKOS Software for a five-year period.

RECOMMENDATION: That the City council:

1. Authorize the City Manager, or designee, to execute an annual software license agreement with EKOS Software for a five-year term, for an amount not to exceed $43,920; and

2. Authorize payment for this service from the Shop operating budget.

ATTACHMENTS: 1. EKOS License Agreement - City of Porterville, CA (1) Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Item No. 7.

Final Approver: Richard Tree, Interim City Manager

EKOS - SOFTWARE LICENSE AGREEMENT
Please select your EKOS Products and Services
EKOS SOFTWARE MENU Quantity Per Month Prices Setup Fees (One-time) SECTION A: FUEL & SITE SOFTWARE
Fuel Site Module
Fuel Site Module
 Includes Help Desk Support.
 Includes EKOS Service & Repair Support.
 Includes ATG Compliance & Site Compliance.
$179 per site/controller $3,000 1 – 10 = $3,000)
(11+ = $300 / site)
Inventory Mngt. Only w/ Compliance
 Includes Fuel Site Module limited to Inventory.
 Includes ATG Compliance & Site Compliance.
$25 per ATG $100 per site
Concierge - Service & Repair Management $125 per site
REV (Mobile App)
 Includes fuel site module limited to REV. $50 per device Fuel Card Module
Fuel Card Module – EKOS/Gasboy Cards
 Customer will pay pump prices at retail gas stations.  Truck stop fees may apply.

FREE
Fuel Card Module - Non EKOS/Gasboy Cards
 EKOS can pull in WEX Direct cards, Voyager cards, and Comdata cards.
$100 per platform per month $3,000 per integration
Bulk Fuel Module
Bulk Fuel Module $50 per site
Bulk Invoice Audit Feature
 Includes Bulk Fuel Module.
 Additional setup fees may be quoted based on scope
of work.
$150 per site $25,000
Concierge - Bulk Fuel Management $.02 per gallon
EV Fuel Module
EKOS - EV Module $20 per connector $3,000 EKOS - EV Payment Processing 6% fee per transaction

CUSTOMER INTAKE INFORMATION
Customer Name (full legal name)
Customer DBA
Address
City / State / Zip

AUTHORIZED OFFICER
Full Name / Title
Email Address
Phone number
Sales Tax Exempt Status Please indicate if you are exempt from sales tax. (Yes/No) Accounts Payable Contact and Phone
Accounts Payable Email Address *receives EKOS invoices

EKOS - SOFTWARE LICENSE AGREEMENT
EKOS SOFTWARE MENU Quantity Per Month Prices Setup Fees (One-time) SECTION B: FLEET SOFTWARE
Fleet Module
EKOS - Fleet Module – Level 1
 Tracking of Assets including purchase & life cycle
details, odometer entry, VIN decoding, Asset
Statuses, Vehicle Classes, and Asset Types.
 If customer has GPS (or OEM integrations) then this
level is included in the GPS or OEM pricing.
$3 per vehicle
EKOS - Fleet Module – Level 2
 Includes all features of Level 1 plus:
 Inspections, Work Orders, Preventative Maintenance
(PMs), Total Cost of Ownership, Driver Complaints,
Purchase Orders, Parts Management, Motor Pool,
Vendor Management and GPS odometer match.
$5 per vehicle
$15,000
EKOS - Fleet Module – Level 3
 Includes all features of Levels 1, and 2 plus:

Technicians Management, Warehouse Management,
Physical Inventory Count Tool, Garage Manager,
Technician Mobile Feature, and Time Clock.
$7 per vehicle
Fleet Module – Other Assets
 Includes tools, attachments, generators, trailers,
mowers, and other assets that are not vehicles or
equipment.
$1 per unit
SECTION C: GPS & TELEMATICS
All GPS and OEM selections will include Fleet Module Level 1 with GPS and OEM Pricing.

EKOS - GPS (Active Tracking)
 Includes active real-time tracking and full suite of
advanced features.
$13 per vehicle
$3,000 not applicable if a
Fleet Module Setup Fee has
been charged in year 1

EKOS - GPS (OBD)
 Includes daily odometer updates integrated in fleet
module. No fueling is necessary to get the odometer.
 Includes ping for current location, fault codes, check engine lights, and location history when pinged.
$10 per vehicle
EKOS - GPS (Asset Tracking)
 Includes daily location, alerts & ping to locate. $9 per asset EKOS - OEM & Integrations
*Fees charged by the OEM will be paid by customer. $5 per asset $5,000 not applicable if a
Fleet Module Setup Fee has
been charged in year 1
SECTION D: COMMUNICATIONS
Cellular Communications Fees $65 per controller (includes ATG) $20 per ATG or L2 EV Charger
ET (Edge Device) All charges included with device
Wireless Inventory Monitoring Fee
 Includes Fuel Site module limited to Inventory. $20 per device SECTION E: OTHER SERVICES
Custom Development Requests Quote based on scope of work Single Sign On (SSO) Integration $1,000
Total One-Time Setup Fees $
Total Monthly Amount $
Total Contract Amount (Minimum Amount Billed Over Term) 5 years $ Customer Acknowledgement ____________________

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1. Software License Agreement

1.1. This Software License Agreement (the “Agreement”) is entered into by and between EKOS, Inc., a corporation organized and existing under the laws of the State of North Carolina, and having its principal office and place of business at 1410 Commonwealth Drive, Suite 205, Wilmington, NC 28403 (“EKOS”) and Customer listed on Page 1 and 2 of the Agreement. EKOS and Customer are referred to herein individually as “Party” or collectively as the “Parties”.

2. Software License

2.1. EKOS hereby grants to Customer a nonexclusive, nontransferable license to use the EKOS Platform (the “Software License” or “Software Products”) for the selected products and services on Page 1 and 2 of this agreement. Should customer elect to “upgrade” or add additional software features during the term of the contract, this license will automatically extend to those additional products and services.

2.1.1.1. Customer agrees that should it elect to use fuel cards, it shall: (a) exclusively use a EKOS approved or qualified universal fuel card program; (b) provide a list of authorized card holders (“Authorized Card Holders”) to EKOS; (c) be solely responsible for determining whether a card holder is an Authorized Card Holder and is tax exempt for billing purposes; and (d) be solely responsible for controlling the use of the Fuel Cards. In exchange, EKOS shall issue Fuel Cards to the Authorized Card Holders designated by Customer, to facilitate fueling at Customer’s Private Sites.

2.1.2. “Inventory Monitoring” – this includes online presentment of inventory values as well as historical archiving and other related features.

3. Fees, Charges

3.1. Setup and One Time Fees. Customer shall pay any “One-Time” and “Setup” fees at time of contract execution. This includes but is not limited to any setup fees listed on Page 1 and 2 of the Agreement, development and integration work (including SSO), and equipment charges purchased directly through EKOS. EKOS reserves the right to withhold access to the software system until all one-time and setup fees are paid in full by the Customer.

3.2. Software Fee. Customer shall pay EKOS based on the Products and Services selected on page 1 and 2 of the Agreement, at the listed price per month. Should Customer elect to access new Software Products developed by EKOS, Parties will agree on amended pricing.

3.2.1.1. Company will invoice Customer Annually beginning at time of contract execution. On the first invoice, a count of active products and services will betaken and willserve as the basis for the initial annual invoice. All One-Time Fees will be billed separately at the time of contract execution unless otherwise specified as part of this agreement. If Customer is purchasing new equipment that is required to utilize the functionality of a specific product or service listed on Page 1 and 2 of this agreement, then Company will invoice Customer for the applicable product or service on the day the equipment ships from the manufacturer. It is the customer’s responsibility to provide the required data and schedule installation to utilize the software.

3.2.1.2. Any time the Customer adds a billable product or service, a new prorated invoice will be sent to Customer for the new site and any applicable optional services and will be for the remainder of the current contractual year. If a site is installed any time during a month, then Customer will pay for the month.

3.2.2. A “Private Site” shall mean any fueling location owned and/or operated by Customer and for which fuel transactions are processed through the Software Products. The number of Private Sites shown on page 1 of the Agreement may change over time, and any modification of the number or location of Private Sites shall be made by Customer using the form attached as Exhibit A.

3.2.3. Software Fees are fixed for the initial term of this agreement. EKOS reserves the right to adjust fees if prices have changed during the current term for any products and services listed in this agreement for any additional renewal terms.

3.3. Inventory Monitoring Fees (Optional). Customer shall pay to EKOS an inventory monitoring fee of Twenty Dollars ($20.00) per inventory monitoring device per month for cellular based connections, and Twenty Dollars ($20.00) per device per month for wireless tank level gauges.

3.4. Communication Fees (Optional). Customer shall pay to EKOS a communication fee of Sixty-Five Dollars ($65.00) per unit per month, provided, however that Customer shall not exceed a monthly data usage of 150 megabytes per device. Customer shall be liable on a per device basis for all data charges incurred for exceeding the allotted 150 megabytes per device limit, at a billable rate of $.99 per megabyte. Customer shall also purchase the equipment necessary to provide the EKOS Brain Digital Communication Link at a price to be quoted by EKOS at the time Customer makes an election under thissubsection.

3.5. Guest Management (Optional). Customer shall pay EKOS Three Cents ($0.03) per gallon, per month for all transactions by entities other than Customer that occur at a Private Site.

3.6. Fuel Site Module One-Time Fees. Unless otherwise agreed upon in writing, a one-time setup fee will be charged for sites enrolled into the EKOS Fuel Site Module in the amount of $3,000 for sites/controllers 1 - 10 and an additional $300 per site/controller for site number 11 and higher. This one-time fee will apply at initial start-up or later in the contract period if a new site/controller is added (exceeding 10 sites). The amount of the initial fee due at contract signing will be listed on Page 1 of this agreement.

3.7. GPS (Optional). If Customer elects to use the EKOS GPS from Teletrac Navman, customer shall pay an annual fee based on the number of assets to be tracked and devices deployed at the start of each fiscal year. Customer can elect to purchase additional GPS devices at any time during the life of this contract, and fees will be prorated based on date of purchase. GPS devices will be provided as part of the monthly fee for the service as listed on page 2 of this agreement.

Installation of the GPS device is the responsibility of the customer. If requested EKOS will facilitate the device installation for an additional one-time fee of $199 per device. The terms and conditions for the use of the GPS device can be found at https://www.teletracnavman.com/media/23781/terms-and-conditionsteletrac-navman-usa-may-2023.pdf.

3.8. Fleet Maintenance Module (Optional). If Customer elects to use the EKOS Fleet Maintenance Module, customer shall pay an annual fee based on the Fleet Package Level chosen on Page 2 and the number of assets to be managed in the Fleet Module at the start of each fiscal year. Customer can elect to purchase the Fleet Maintenance Module at any time during the life of this contract, and fees will be prorated based on date of purchase.

Enrolled vehicles and total price per month for the fleet module will be listed on page 2 of this agreement.

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4. Term and Termination

4.1 Term. This License Agreement shall commence on the Effective Date of this agreement (as defined herein), however, the term of this agreement will begin from the later of the Effective Date of this agreement; or the first invoice date in which all modules and services selected on Page 1 and 2 of this agreement are live and billable (Total Monthly Amount on Page 2) and shall continue in effect for Five (5) years thereafter. The Agreement shall be automatically renewed for additional terms of three (3) years each, unless either party gives written notice of termination to the other party as provided for herein (the “Renewal Term”).

4.2 Termination. This Agreement and the license granted hereby may be terminated by either party for any reason or no reason upon one-hundred twenty (120) days written notice to the other party (“Termination for Convenience”), an early termination fee will apply if GPS units have been provided as part of this agreement or, to the extent provided below, this Agreement shall terminate automatically without notice, in the event that either Party:
a. fails to comply with the terms of this Agreement and such failure is not remedied within thirty (30) days of receipt of written notice from the other party;
b. becomes insolvent;
c. initiates any proceedings under bankruptcy, insolvency, reorganization or receivership law, or proceedings forliquidation; d. is made a defendant in any such bankruptcy, insolvency, reorganization, liquidation or receivership proceedings or is placed in liquidation or receivership and such liquidation, proceedings or receivership is continued for sixty (60) days; e. has any lien, petition or execution levied against the property and assets of that Party and such lien, petition or execution is not discharged within thirty (30) days;
f. makes a general assignment of its assets for the benefit of creditors or is unable to meet its debts in the ordinary course of business; Upon the occurrence of any event specified in subsections (a) through (f) of this Section, the first Party to have notice of the occurrence shall immediately, in writing, notify the other Party and shall identify both the type of occurrence and the date of occurrence.

5. Equipment, Service and Warranty

5.1 EKOS shall not be responsible for any replacement parts, fueling equipment or software products that are damaged due to Acts of God, Customer negligence or repairs and/or service provided by non-certified technicians.

5.2 EKOS Service & Repair Support. EKOS Service & Repair Support shall be effective as of the Effective Date as noted in the signature block below and shall continue for a period of this agreement as listed in section 4.1 of this agreement, including any automatic renewal terms as allowed in section 4.1 of this agreement, unless earlier terminated as provided in this Agreement. Termination may result from the failure of the Customer to comply with any of the conditions of this Agreement, or by mutual agreement of both parties.

During the Term of the Agreement, EKOS will provide the following services (the “Services”) to Customer for EKOS Software and Gasboy-branded products (“Products”) that Customer owns or has license to:

Telephone Support for Product and Services - will be provided Monday through Friday 8AM to 8PM ET. All other times not stated are considered emergency after hours support only including but not limited to weekends and holidays. EKOS Helpdesk toll-free service number is (currently 800-444-5529). This toll-free number can be changed at EKOS’s discretion.

Product Support – Issues not resolved by general help desk support will be escalated to Product Support specialists.

Software Corrections and Upgrades to the Products that Customer requires on an "as needed" basis.

Remote Diagnostics – EKOS Helpdesk can diagnose and resolve issues remotely in some cases.

EKOS Service & Repair Support – If a site visit is required, EKOS Service & Repair Support will provide ASC Contact Information at the Customer’s request at no charge.

Upon Customer’s request, Dispatch services will be available on a time and material basis for each service call. Invoicing for Site repairs will be issued by EKOS to the customer at the time that the site dispatch related services are billed by the ASC to EKOS. Billings for Site repairs will include a mark-up added to the time and material invoice that is billed by the ASC to EKOS.

The Services do not include:

On-site support.

Any hardware, even if a software correction, software upgrade, or other enhancements or modifications require a hardware update.

Support for questions not relating specifically to the Products, such as, but not limited to, non-Gasboy hardware, and PC operating systems.

Software upgrade installation costs.

6. Nonassignable and Nontransferable

6.1 The license granted herein shall not be assignable or transferrable in any manner whatsoever nor shall Customer have the right to grant any sublicenses, except by written consent of EKOS. Any permitted assignment or other transfer of this Agreement shall bind the assignee, subcontractor or transferee and shall not relieve Customer from its obligations under this Agreement.

7. Entire Agreement; Modification

7.1. This Agreement sets forth the entire agreement and understanding between the parties as to the matters contained herein, and merges and supersedes all prior discussions, agreements and understandings of every kind between them as to the matters contained herein. No provision of this Agreement may be modified or amended unless such modification or amendment is agreed to in a writing signed by both of the parties hereto. Customer shall not assign its obligations hereunder without the prior written consent of EKOS.

8. Notices

8.1. Any notices required or permitted to be given under this Agreement shall be deemed sufficiently given if hand delivered or mailed by registered mail, postage prepaid, addressed to the party to be notified at its address shown at the beginning of this Agreement, or at such other address as may be furnished in writing to the notifying party.

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9. Governing Law

9.1. This Agreement shall be interpreted in accordance with the laws of the State of North Carolina. For purposes of this Agreement, each party submits to the jurisdiction of the courts, both federal and state, in New Hanover County, North Carolina, and each party hereby agrees that all suits, actions and proceedings brought by any party hereunder may be brought in either federal or state court located in New Hanover County, North Carolina. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court, any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum and the right to object, with respect to any such suit, action, or proceeding brought in any such court, that such court does not have jurisdiction over such party or the other party.

10. Intellectual Property

10.1. Customer acknowledges and agrees that: (i) it has no right, title or interest, proprietary or otherwise, in or to the Software Products or any other EKOS Intellectual Property (defined below); (ii) the EKOS Intellectual Property is owned solely by, and is proprietary to, EKOS and embodies valuable trade secrets of EKOS; and (iii) this Agreement does not give, and shall not be construed to give, Customer any vested right, title or interest in or with respect to the EKOS Intellectual Property, except for a non-exclusive, limited and terminable right of access to the Software Products for the purposes of this Agreement. EKOS owns and will continue to own, without limitation, all EKOS Intellectual Property and all rights, title and interest in and to all ideas, works, custom reports, products, programs, procedures, plans, formats and otherintellectual property of any kind created, prepared, developed or worked on by EKOS for Customer under this Agreement. As used herein, “EKOS Intellectual Property” means any copyrights, patent rights, trademarks, trade names, trade secrets, service marks, know-how (including, without limitation, all ideas, inventions, products, programs, software, procedures, customer lists, works, formats and other intellectual property) and any other similar rights or intangible assets recognized under any laws or conventions in any country or jurisdiction in the world as intellectual creations to which rights of ownership accrue, and all registrations, applications, extensions or reissues of the foregoing now or hereafter in force.

11. Confidentiality

11.1. Customer acknowledges that it may become aware of or familiar with Confidential Information of EKOS. “Confidential Information” shall mean any information relating to the business or affairs of EKOS including, but not limited to, information relating to the Software Products, other EKOS Intellectual Property, customer and Customer lists, pricing lists and methods, products, software, inventions, processes, procedures, techniques, formulae, design or other technical data, trade secrets, sources of products or materials, financial statements, equipment, programs, strategies and information, analyses, profit margins, or other proprietary information used by EKOS in connection with its business. During the term of this Agreement and for so long thereafter as the Confidential Information remains proprietary to EKOS, Customer, for itself and its administrators, employees and agents, shall (a) keep the confidential Information secret and retain it in strictest confidence, and (b) not, without the prior written consent of EKOS, furnish, make available or disclose to any third party, or use for the benefit of Customer or any third party, any Confidential Information. Customer acknowledges that the Confidential Information is vital, sensitive, confidential and proprietary to EKOS and that this covenant is reasonable and necessary for the protection of EKOS’ business interests. Customer acknowledges that the violation of any of the provisions of this Agreement will cause irreparable loss and harm to EKOS which cannot be reasonably or adequately compensated by damages in an action at law, and, accordingly, that EKOS will be entitled, without posting bond or other security, to injunctive and other equitable relief to enforce the provisions of this Agreement and to prevent or cure any breach or threatened breach thereof; but no action for any such relief shall be deemed to waive the right of EKOS to an action for damages. The rights and remedies of EKOS are cumulative and the exercise or enforcement of any one or more of them will not preclude EKOS from exercising or enforcing any other right or remedy. The obligations of the Customer and the rights of EKOS under this Agreement shall survive the termination of this Agreement regardless of the reason for or cause of the termination.

12. Binding Effect; Authorized Signatory

12.1. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and permitted assigns. The individual executing this Agreement on behalf of Customer is a duly authorized representative of Customer with full power and authority to execute and deliver this Agreement on behalf of Customer and to bind Customer to its obligations hereunder.

13. Amendment

13.1. A modification, amendment or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by the parties to this Agreement.

14. Waiver

14.1. A modification, amendment or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by the parties to this Agreement.

15. Severability

15.1. If, in the final judgment of a court of competent jurisdiction, any provision of this Agreement is held to be invalid, said provision shall be considered void to the extent of such invalidity only, without invalidating any of the remaining provisions of this Agreement.

16. Counterparts

16.1. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, and all of which together constitute one and the same instrument. Any facsimile or emailed signature attached hereto will be deemed to be an original and will have the same force and effect as an original signature.

17. Disclaimer

17.1. Except for any warranty otherwise expressly provided for herein, EKOS provides their services, software, equipment and systems on an “AS IS” BASIS, WITHOUT

ANY WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN OR EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY EKOS AND EKOS. IN NO EVENT SHALL EKOS HAVE ANY

LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY. In addition, EKOS shall not be liable or held responsible for any delay or failure to perform or deliver all or any part of the services or products required to be performed or delivered hereunder as a direct or indirect result of any causes, contingencies or circumstances beyond EKOS’s control or which make the fulfillment of this Agreement impracticable by EKOS.

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IN WITNESS HEREOF, the Parties have executed this Agreement under seal, or caused this Agreement to be executed by their duly authorized officers, effective as of the last date ofsigning below (the “Effective Date”).

Customer EKOS, Inc.

By: (Printed Name) By: (Printed Name)
Customer Signature: Signature:

Title: Title:

Date: Date:

EXHIBIT A: CHANGE REQUEST FORM (for use to add or delete sites during the term of the agreement following license agreement execution) ADDENDUM NO. to the SOFTWARE LICENSE AGREEMENT
THIS ADDENDUM NO. (“Addendum”), dated is between EKOS, Inc, and CUSTOMER (as defined below) is for the sole purpose of adding, deleting, or changing Site information to the EKOS Software License Agreement dated , between EKOS and Customer (the “Agreement”). Except as modified by this addendum, the Agreement shall remain in full force and effect. EKOS and Customer desire to amend the Agreement as follows:

Add/ Change/
Terminate
Site
Number Site Name Site Street Address City, State, Zip Site Contact Site Phone # BILLING INFORMATION (Required for Processing)
Customer Name: Contact Name: Email:

Address: City: St: Zip:

Phone: Fax: Fed Tax ID:

All capitalized terms used herein, unless defined, shall have the same meanings set forth in the Agreement. This Addendum is incorporated into the Agreement and made a part thereof. If any term of this Addendum conflicts with the terms of the Agreement, the terms of this Addendum shall control. This Addendum may be executed (i) in counterparts, and/or (ii) through the use of an electronic signature.

By signing below, the parties have executed this Addendum by their duly authorized representatives as set forth below. This Addendum is effective as of the date fully executed.

Customer:

Signature:

Name:

Title:

Date:

EKOS, Inc.

Signature:

Name:

Title:

Date:

Return signed Addendum to EKOS Contract Services Team: Email: [email protected] Item No. 7.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization for Renewal Agreement with Kings/Tulare Area Agency on Aging (KTAAA)
SOURCE: Parks and Leisure Services
COMMENT: Kings/Tulare Area Agency on Aging (KTAAA) is requesting renewal of the Agreement with the City to facilitate the continuance of a Senior Nutrition Program within the city. The program will continue to operate at the Santa Fe Depot five days per week. The Agreement provides for the City contributing $14,000 annually ($3,500 each calendar quarter) for the continued operation of the nutrition program by KTAAA, which is the same amount as the previous Agreement.

KTAAA is requesting the term of the Agreement to be for a period of twelve (12) calendar quarters commencing October 1, 2025, and ending September 30, 2028. The staff feel that the services provided by KTAAA, through its contractor CSET, have performed well. Additionally, those participating in the program have been very pleased with the services provided. The Parks and Leisure Services Commission recommended at its meeting on September 4, 2025, that the City renew the Agreement with KTAAA.

RECOMMENDATION: That the City Council:

1. Approve the renewal of the Agreement with Kings/Tulare Area Agency on Aging contingent upon City Attorney review, and

2. Authorize and direct the Mayor to execute the same.

ATTACHMENTS: 1. KT AAA 2025 Renewal
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Item No. 7.

Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PORTERVILLE
AND

KINGS/TULARE AREA AGENCY ON AGING

TO FACILITATE A SENIOR NUTRITION PROGRAM
This Memorandum of Understanding (MOU) is entered into between the City of Porterville (CITY) and the Kings/Tulare Area Agency on Aging (K/T AAA) to facilitate a Senior Nutrition Program (PROGRAM) within CITY boundaries.

A. RESPONSIBILITIES
CITY shall contribute financial support to K/T AAA in advance on a quarterly basis and within the term of this MOU to facilitate a senior citizens PROGRAM. The quarterly contribution commencing October 1, 2025, shall be $3,500.

Contributions shall be made by the fifteenth day of the first month of each calendar quarter.

K/T AAA shall provide, within the boundaries of CITY, a five-day per week PROGRAM to provide senior citizens with congregate meals and other services commensurate with such PROGRAM as KT/ AAA operates within other communities. K/T AAA shall utilize the funds contributed by CITY for any legal purpose as determined by K/T AAA; make all necessary arrangements for the PROGRAM; and shall indemnify, defend, and hold harmless CITY from any and all claims, actions, and losses arising from the activities of K/T AAA to the fullest extent permitted by law. For any calendar quarter in which the PROGRAM is discontinued, the contribution provided by CITY shall be prorated, with refund made to CITY within thirty days for the term in which the PROGRAM was not provided.

B. TERM
The term of this MOU shall be for a period of twelve calendar quarters commencing October 1, 2025, and ending September 30, 2028. Any party may withdraw from this MOU by giving written notice of intent to withdraw at least one calendar quarter in advance of the effective withdrawal date.

C. MODIFICATION AND ASSIGNMENT
This MOU may be modified at any time by written agreement of the parties.

Assignment of responsibilities under this MOU by any of the parties shall be

effective only upon prior written consent of the other party, which shall not be unreasonably withheld.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the ________ of __________, 2025.

KINGS/TULARE AREA AGENCY ON AGING
_________________________
Dayna Wild, K/T AAA Director

CITY OF PORTERVILLE
______________________
Greg Meister, Mayor
ATTEST: APPROVED AS TO FORM
__________________________ _______________________
Fernando Gabriel-Moraga, Julia M. Lew, City Attorney
Chief Deputy City Clerk
Item No. 8.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Approval of Amended Joint Powers Agreement - Central San Joaquin Valley Risk Management Agency (CSJVRMA)
SOURCE: Administrative Services
COMMENT: Since 1979, the City of Porterville has been a member of the Central San Joaquin Valley Risk Management Agency (CSJVRMA). This year, the CSJVRMA conducted a comprehensive review of its governing documents to ensure alignment with current operational practices, updated legal requirements, and organizational needs. On June 26, 2025, the CSJVRMA Executive Committee approved the proposed Amended and Restated Joint Powers Agreement, which had not been amended since 1994, and directed that it be presented to all member agencies for formal approval by their respective governing bodies.

Key updates to the Joint Powers Agreement include:
• Clarified definitions for improved interpretation.
• Broadened language to allow flexibility for future participation in captive insurance programs.
• Incorporation of Government Code Section 6509 requirements, designating the City of Ripon (with the City of Madera as alternate) as the reference city for operational restrictions. This ensures compliance without impacting the day-to-day functionality of the JPA.

Approval of the amended agreement requires adoption of a resolution by twothirds of the City Council.

RECOMMENDATION: That the City Council approve the amendments to the CSJVRMA Joint Powers Agreement, adopt the draft Resolution, and authorize the City Manager to execute the amended agreement on behalf of the City.

ATTACHMENTS: 1. CSJVRMA Joint Powers Agreement Amendments - Redlined

2. CSJVRMA Joint Powers Agreement Amendments - Final JPA Item No. 8.

3. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10 ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents

ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14 ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15 Joint Powers Agreement Page 1 Amended July 1, 20251994

AMENDED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of July, 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and Joint Powers Agreement Page 2 Amended July 1, 20251994
WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

Joint Powers Agreement Page 3 Amended July 1, 20251994

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Juoaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds charged for the purpose of self-insured coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. .

Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding Joint Powers Agreement Page 4 Amended July 1, 20251994
of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws, and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. ;
"Representative" shall mean the person, normally the City Manager/Administrator of the Member City , who has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

Joint Powers Agreement Page 5 Amended July 1, 20251994

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
A.

Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

B. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

C. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. . Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement. . A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. . Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

B. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
Joint Powers Agreement Page 6 Amended July 1, 20251994
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. . When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided. . This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
A. The Authority shall have all of the powers common to Member Cities and all additional powers set forth in Section 6500, et. seq. and Section 989, et. seq. of the Government Code and other applicable law. The Authority shall have all of the rights, immunities, privileges, and defenses afforded each Member City and peculiar to the particular Member City being sued or against which there has been a claim.

Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. to mMake and enter into contracts;

2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;
Joint Powers Agreement Page 7 Amended July 1, 20251994

3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;

4. to aAcquire, hold, or dispose of real and personal property;

5. to rReceive contributions and donations of property, funds, services, and other forms of assistance from any sources;

6. to sSue and be sued in its own name;

7. to eEmploy agents and employees;

8. to aAcquire, construct, manage, and maintain buildings;

9. to lLease real or personal property, including propertythat of a Member City; and

10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. . Each Member City shall appoint one Representative. . Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. . Each Member City shall also appoint one alternate Representative. . The alternate Representative may attend and may participate in any meeting of the Board. . When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. . Each Representative serves at the pleasure of the Member City being represented. . Each Representative has one vote as the member of the Board. . Representatives are not entitled to compensation. . However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. . The Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary. . The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Commented [JW1]: Meetings will continue to
be adopted by the EC, but in a less
formal manner than by resolution.

Joint Powers Agreement Page 8 Amended July 1, 20251994
notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. . As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business. .

However, less than a quorum may adjourn from time to time. . A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. . The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. To creation ofe any new Joint Protection Program;

3. To termination of ae any Joint Protection Program;

4. To expulsion ofel a Member City;

5. To adoption of an operating budget for the Authority;

6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and

7. To Aauthorization for e the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE

The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. . The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agreement Page 9 Amended July 1, 20251994

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. . Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. . All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The president shall appoint someone other than the treasurer to perform the functions of auditor/controller of the Authority shall be performed by the Authority’s contracted administration firmofficers or employees or in-house staff, or the president may assume these functions as a collateral duty of the presidency. The auditor/controller must be a member of the Board. The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Board shall require the treasurer and auditor/controller to file with the Authority an official bond in the amount to be fixed by the Board. The Authority shall pay the cost of bond premiums required by this section. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. . All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws. .

All other Joint Protection Programs shall be optional. . The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. . A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. . Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.

Joint Powers Agreement Page 10 Amended July 1,
20251994
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.

Refunds shall be made in accordance with the Master Plan Document for each program.

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. . Just demands for payment shall be made by warrants in compliance with the adopted budget. . The warrants shall be paid as directed by the Executive Committee. . The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. assist Member Cities in developing their risk management programs ;

2. participate in risk management advisory committees formed by Member Cities;

3. provide loss prevention, safety, and security services;

4. provide all program services as required by program Master Plan Documents ;

5. provide loss analysis control by use of statistical analysis, data processing, and Commented [JR3]: This change is to allow
for the potential formation of a captive
entity, and investment under other state
laws.

Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.

Joint Powers Agreement Page 11 Amended July 1,
20251994
record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. conduct risk management audits to review the participation of each Member City in the program; and

7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. pay all financial obligations to the Authority within the time prescribed;

2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. adopt a risk management program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. establish a risk management advisory committee to work with the risk manager of the Authority;

6. maintain an active safety committee;

7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

9. submit DE3-DPs to the Authority concurrent with the submission dates established by the State of California;

10. submit underwriting information requested by the Authority on a timely basis;

11. provide accurate statistical data concerning the Member City to the Authority when requested;

12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

14. comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document
Joint Powers Agreement Page 12 Amended July 1,
20251994

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. . Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to Joint Powers Agreement Page 13 Amended July 1,
20251994
participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. . The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. . Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
A. The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

Joint Powers Agreement Page 14 Amended July 1,
20251994

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. . In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. . Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

Joint Powers Agreement Page 15 Amended July 1,
20251994

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025

TABLE OF CONTENTS

AMENDED AND RESTATED

JOINT POWERS AGREEMENT

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11 CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents

ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13 Joint Powers Agreement Page 1 Amended and Restated July 1, 2025

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.

Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).

Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.

This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. Make and enter into contracts;
Joint Powers Agreement Page 6 Amended and Restated July 1, 2025

2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;

3. Assess Member Cities as deemed appropriate by the Executive Committee;

4. Acquire, hold, or dispose of real and personal property;

5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

6. Sue and be sued in its own name;

7. Employ agents and employees;

8. Acquire, construct, manage, and maintain buildings;

9. Lease real or personal property, including property of a Member City; and

10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.

Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business.

However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. Creation of any new Joint Protection Program;

3. Termination of any Joint Protection Program;

4. Expulsion of a Member City;

5. Adoption of an operating budget for the Authority;

6. Amendments to the Authority's Conflict of Interest Code; and

7. Authorization for the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agreement Page 8 Amended and Restated July 1, 2025

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.

All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.

Refunds shall be made in accordance with the Master Plan Document for each program.

Joint Powers Agreement Page 9 Amended and Restated July 1, 2025

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. Assist Member Cities in developing their risk management programs;

2. Participate in risk management advisory committees formed by Member Cities;

3. Provide loss prevention, safety, and security services;

4. Provide all program services as required by program Master Plan Documents;

5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. Conduct risk management audits to review the participation of each Member City in the program; and

7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

Joint Powers Agreement Page 10 Amended and Restated July 1, 2025

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. Pay all financial obligations to the Authority within the time prescribed;

2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

7. Submit underwriting information requested by the Authority on a timely basis;

8. Provide accurate statistical data concerning the Member City to the Authority when requested;

9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

11. Comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

Joint Powers Agreement Page 11 Amended and Restated July 1, 2025

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.

Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

Joint Powers Agreement Page 13 Amended and Restated July 1, 2025

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:

RESOLUTION NO. ______ -2025

RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE CENTRAL SAN

JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage;
WHEREAS, the City of Porterville is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of Porterville is a member of the CSJVRMA; WHEREAS, the Joint Powers Agreement, which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two-thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:

IT IS HEREBY RESOLVED that the City Council of the City of Porterville approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager is authorized and directed to execute such agreement.

PASSED, APPROVED, and ADOPTED this 2nd day of September, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Manager
By: _______________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 9.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
SOURCE: Public Works
COMMENT: After soliciting bids, the County of Tulare has awarded its Fiscal Year 2025– 2026 asphalt contracts to Jaxon Enterprises, including the 3/8” Cold Mix Asphalt contract, the 1/2” Cold Mix Asphalt contract, and the 1/2” Hot Asphalt Concrete contract. These asphalt mixes are critical for the City’s Asphalt Overlay Program.

Staff requests authorization to participate in these existing contracts through cooperative purchasing, also known as “piggybacking.” Resolution No. 35-93, adopted by the City Council on April 20, 1993, authorizes the City to participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services.

This authorization will allow the City to purchase asphalt under the same terms, pricing, and conditions established by Tulare County, ensuring cost efficiency and timely procurement for the City’s 2025–2026 Asphalt Overlay Program. Funding for asphalt purchases is appropriated in the Fiscal Year 2025–2026 Self-Performed Asphalt Overlay Program Capital Improvement Budget, supported by the Surface Transportation Program (STP), Local Measure R, and Measure I.

RECOMMENDATION: That the City Council authorize the purchase of asphalt mix utilizing the contracts between the County of Tulare and Jaxon Enterprises.

ATTACHMENTS: 1. Jaxon 1958 Renewal 3-8” COLD MIX – NORTH-SOUTH COUNTY (1)

2. Jaxon 1-2” COLD MIX – NORTH-SOUTH COUNTY Contract
No. 1954- Renewal (1)

3. Jaxon 1-2” HOT ASPHALT CONCRETE - NORTH-SOUTH
Item No. 9.

COUNTY - Contract No. 1956 (1)
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 15, 2025
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: 3/8” COLD MIX – NORTH/SOUTH COUNTY -Contract No. 1958- Renewal Our current Contract Number 1958 for 3/8” COLD MIX – NORTH/SOUTH COUNTY expires on June 30, 2025. The contract clause “RENEWAL” states that the “Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same.” If you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please sign this Renewal Form and return it to the Purchasing Division by May 2, 2025. Upon the return of this signed form, Contract No. 1958 will be renewed through June 30, 2026.

Contract No. 1958 is modified to add the following provision:

TULARE COUNTY WORKPLACE VIOLENCE PREVENTION POLICY: CONTRACTOR shall comply with the terms and conditions of The Tulare County Workplace Violence Prevention Policy which by this reference is made a part of this Contract. Tulare County Workplace Violence Prevention Policy, can be viewed at https://tularecountycounsel.org/main/contract-exhibits/ Sincerely,
Maria Lopez
Interim Purchasing Manager
General Services Agency
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291 Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F

CONTRACT RENEWAL
I consent to providing 3/8” COLD MIX – NORTH/SOUTH COUNTY to the County of Tulare per Contract No. 1958 for an additional year, through June 30, 2026, under the same prices, terms and conditions.

Date: 4/16/2025 Signature:

Title:
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract.

Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Attachment(s)
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291 Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F RENEWAL NO.: 1 CONTRACT NO.: 1958
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON & PATTY BAKER
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 3/8” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2026
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Service Contract – Renewal 01

Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F RENEWAL.: 01 CONTRACT NO.: 1958

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 3/8” COLD MIX – NORTH/SOUTH COUNTY TON $68.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 68.00 PER TON
Plant Run Cold Mix – 3/8” mix as per CalTrans Specs. Section #39 or as requested by County representative.

SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2026.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Service Contract – Renewal 01

Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F

EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Cal trans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0 PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 14, 2025
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: 1/2” COLD MIX – NORTH/SOUTH COUNTY Contract No. 1954- Renewal Our current Contract Number 1954 for 1/2” COLD MIX – NORTH/SOUTH COUNTY expires on June 30, 2025. The contract clause “RENEWAL” states that the “Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same.” If you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please sign this Renewal Form and return it to the Purchasing Division by May 2, 2025. Upon the return of this signed form, Contract No. 1954 will be renewed through June 30, 2026.

Contract No. 1954 is modified to add the following provision:

TULARE COUNTY WORKPLACE VIOLENCE PREVENTION POLICY: CONTRACTOR shall comply with the terms and conditions of The Tulare County Workplace Violence Prevention Policy which by this reference is made a part of this Contract. Tulare County Workplace Violence Prevention Policy, can be viewed at https://tularecountycounsel.org/main/contract-exhibits/ Sincerely,
Maria Lopez
Interim Purchasing Manager
General Services Agency
Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0 PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

CONTRACT RENEWAL
I consent to providing 1/2” COLD MIX – NORTH/SOUTH COUNTY to the County of Tulare per Contract No. 1954 for an additional year, through June 30, 2026, under the same prices, terms and conditions.

Date: 4/16/2025
Signature:

Title:
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract.

Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Attachment(s)
Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0 Service Contract – Renewal 01

RENEWAL.: 01 CONTRACT NO.: 1954
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024, THROUGH JUNE 30, 2026
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0 Service Contract – Renewal 01

RENEWAL.: 01 CONTRACT NO. 1954

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2” COLD MIX – NORTH/SOUTH COUNTY TON $63.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 63.00 PER TON
Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative.

SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 Tons total estimated quantity for North County/South County through June 30, 2026.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0

EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0

Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Docusign Envelope ID: 84C99CC6-D896-4846-BAF8-331917993ED0

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 14, 2025
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: 1/2” HOT ASPHALT CONCRETE - NORTH/SOUTH COUNTY - Contract No. 1956 Renewal
Our current Contract Number 1956 for 1/2” HOT ASPHALT CONCRETE expires on June 30, 2025.

The contract clause “RENEWAL” states that the “Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same.” If you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please sign this Renewal Form and return it to the Purchasing Division by May 2, 2025. Upon the return of this signed form, Contract No. 1956 will be renewed through June 30, 2026.

Contract No. 1956 is modified to add the following provision:

TULARE COUNTY WORKPLACE VIOLENCE PREVENTION POLICY: CONTRACTOR shall comply with the terms and conditions of The Tulare County Workplace Violence Prevention Policy which by this reference is made a part of this Contract. Tulare County Workplace Violence Prevention Policy, can be viewed at https://tularecountycounsel.org/main/contractexhibits/ Sincerely,
Maria Lopez
Interim Purchasing Manager
General Services Agency
Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291 _______________

CONTRACT RENEWAL
I consent to providing 1/2” HOT ASPHALT CONCRETE - NORTH/SOUTH COUNTY to the County of Tulare per Contract No. 1956 for an additional year, through June 30, 2026, under the same prices, terms and conditions.

Date: 4/14/2025 Signature: _
Title:
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract.

Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Attachment(s)
Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 Material Contract – Renewal 01

RENEWAL.: 01 CONTRACT NO.: 1956
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024, THROUGH JUNE 30, 2026
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE

MERCHANDISE
RETURNS:

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Catalog listing of commodities description and pricing to follow RENEWAL: 01 CONTRACT NO.: 1956
Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 Material Contract – Renewal 01

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY TON $61.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours’ notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 61.00 PER TON
Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be:

Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2026.

Applicable sales tax will be added in addition to the price indicated above.

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 1 of 3

EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 2 of 3
Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Docusign Envelope ID: 99978927-401D-4653-AF53-24A1F5DDDDF0 3 of 3

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Item No. 10.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Intent to Set a Public Hearing to Discuss the Transition from Phase II of the City’s Water Conservation Plan
SOURCE: Public Works
COMMENT: On May 20, 2025, the City Council held a public hearing to consider transitioning to Phase III of the City’s Water Conservation Plan, with the alternative of transitioning to Phase II. At that meeting, the Council elected to transition to Phase II in order to provide residents with greater flexibility during the summer months while still meeting conservation objectives. Council also directed staff to return in September 2025 with an update on the Conservation Plan, at which time Council would consider whether to transition from Phase II to the more restrictive Phase III or Phase IV schedule.

The City of Porterville’s Water Conservation Plan is designed to reduce overall residential consumption while maintaining reliable service and protecting the operation of the City’s water distribution system. During the winter months, the City has historically operated under Phase IV, a mandatory one-day-perweek watering schedule, to ensure conservation targets are achieved. With Council’s decision to remain in Phase II through the summer of 2025, staff is now seeking direction on transitioning to Phase III or Phase IV during the upcoming fall and winter months to ensure the City meets its 20% conservation goal.

Conservation reduction guidelines presented in past Executive Orders and subsequent regulations adopted by the State Water Resources Control Board continue to encourage conservation as a way of life. Taking into account the State Water Board’s self-certification criteria for the City of Porterville, the current imposed conservation standard of 20% less than 2013 production is the target level.

This continuation of the conservation goal provides consistency in public outreach messaging, supports resiliency to ensure three years of water supply under drought conditions, meets the minimum 20% conservation standard defined in the City’s Urban Water Management Plan, and assists with compliance under the Sustainable Groundwater Management Act (SGMA).

Item No. 10.

Through implementation of mandatory conservation measures, the City has achieved a cumulative conservation reduction of 20% from August 2015 through August 2025. To maintain long-term results while balancing community needs, Council must determine whether to transition from the current Phase II schedule to a more restrictive phase during the fall and winter months.

Staff recommends that Council set a public hearing for October 7, 2025, to discuss the potential transition from Phase II of the City’s Water Conservation Plan.

RECOMMENDATION: That the City Council direct the City Clerk to notice a public hearing for October 7, 2025, to discuss the transition from Phase II of the City’s Water Conservation Plan.

ATTACHMENTS: 1. Drought Response Phase II Flyer

2. Drought Response Phase III Flyer -

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk The City of Porterville has adopted a Phase II Drought Response Plan. As part of the Phase II plan, the City has restricted watering days to three days per week, based on address.

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

WATERING PROHIBITED

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

THERE IS NO WATERING
ON MONDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
Your watering days are Tuesday,
Thursday, and Saturday.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
Your watering days are
Wednesday, Friday, and Sunday.

OR
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.

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

WATERING PROHIBITED

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

NO WATERING ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

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

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

OR
The City of Porterville has adopted Phase IV of its Drought Response Plan.

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

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Acceptance of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant
SOURCE: Police
COMMENT: In April 2025, the Porterville Police Department submitted a grant proposal to the California Office of Traffic Safety (OTS) requesting funding for personnel costs (overtime) associated with the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed or injured in vehicle crashes involving alcohol, speed, red light violations, and other recurring primary collision factors within the City.

On August 28, 2025, the Department received notification from OTS that funding in the amount of $95,000 had been approved for the City’s STEP program. The funding will cover personnel costs (overtime) associated with multiple DUI/License checkpoints, special saturation patrols, targeted enforcement in areas of repeated traffic collisions, and the purchase of specialized equipment for police units to target individuals speeding in high collision areas. The grant period runs from October 1, 2025, through September 30, 2026.

This grant provides $95,000 in external funding. No City General Fund match is required, and all expenditures will be reimbursed under the terms of the grant agreement.

RECOMMENDATION: That the City Council accept the Selective Traffic Enforcement Program (STEP) Grant from the California Office of Traffic Safety in the amount of $95,000, and authorize the Police Chief, or designee, and the Finance Director to execute all necessary documents.

ATTACHMENTS: 1. STEP Grant Agreement 2025-26
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 9/4/2025 12:14:54 PM Page 1 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26142

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Porterville From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Porterville Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $95,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Orlando Ortiz
Lieutenant
[email protected]
(559) 782-7410
350 N. D Street
Porterville, CA 93257
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ron Moore
Captain
[email protected]
(559) 782-7562
350 N. D Street
Porterville, CA 93257
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Janie Rodriguez
Finance Director
[email protected]
(559) 782-7566
350 N. D Street
Porterville, CA 93257
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
9/4/2025 12:14:54 PM Page 2 of 19

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $95,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$95,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $95,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

NH6YWTB76QK8
291 North Main Street
Porterville
93257-3737
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
9/4/2025 12:14:54 PM Page 3 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26142

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The city of Porterville is at the base of Southern Sierra Nevada mountains on the eastern side of San Joaquin Valley, in Tulare County. Porterville serves as the economic hub of the Southern Sierra, the Sequoia National Forest is nearby, offering outdoor recreational opportunities such as hiking, camping, and fishing. Since its incorporation in 1902, the city's population has grown as it annexed nearby unincorporated areas. The city population is approximately 62,623. The Porterville PD has 80 sworn personnel, 51 Patrol Personnel, and a traffic unit with 4 officers.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The Porterville Police Department has implemented strategies and utilized OTS Grant funding to provide traffic enforcement, directed enforcement details, traffic safety education, and public awareness to assist with the reduction of traffic crashes, including those resulting in injuries and fatalities. The Porterville Police Department Traffic Unit, as well as Patrol Officers, are utilized to accomplish these goals. Over the past three years, the top three primary collision factors have remained the same: unsafe speed for road conditions, failure to yield the right of way, and unsafe turning.

Despite our efforts, DUI/DUID continues to be a significant issue for the city of Porterville. In 2024, there were 55 reported DUI crashes, a decrease of 33 from the 88 reported in the previous year. While DUIrelated crashes decreased, unfortunately, DUI-related fatalities rose. This resulted in 36 DUI-related injuries and 5 DUI-related fatalities. The City of Porterville has continued to see a significant number of crashes involving pedestrians and bicyclists. During 2024, there were 35 injury traffic crashes involving bicycles and pedestrians, which is a decrease of 2 bicycle and pedestrian crashes from the year prior. As in previous years, the Porterville Police Department remains committed to reducing DUI/DUID crashes. We continue to engage our Traffic Officers and Patrol Personnel in OTS-funded DUI/DL Checkpoints and DUI Saturation Patrols to address this ongoing problem.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The city has seen steady growth with the addition of new businesses, residences, schools, and the continued incorporation of county islands. On any given day, however, the actual population is much higher due to the influx of residents from surrounding communities who visit Porterville for work, school, shopping, and leisure. This influx creates heavy traffic, particularly during the daytime and early evening hours.

Porterville serves as a hub for employment, shopping, education, medical services, and more, attracting people from within a 20-mile radius. As a result, the city’s population likely exceeds 90,000 on any given day. Additionally, with the Eagle Mountain Casino, located in the southwest part of the city, has increased traffic, especially during evening hours and around special events hosted at the venue. Thus an increase in DUI, Speed, and Pedestrian/Bicycle fatal and injury crashes.

With our continue partnership with the Office of Traffic Safety, our department is provided the additional overtime for our proactive prevention efforts to ensure safer roads for all. By providing these efforts, we can provide the community, commuters, and travelers the benefit of reduced traffic crashes and enhanced public safety.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes. 9/4/2025 12:14:54 PM Page 4 of 19

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
8 7. Conduct DUI Saturation Patrol operation(s). 9

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
8 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
7 10. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 9/4/2025 12:14:54 PM Page 5 of 19

11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 1

14. Participate in highly visible collaborative Traffic Enforcement operations. 1

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event 9/4/2025 12:14:54 PM Page 6 of 19
highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary 9/4/2025 12:14:54 PM Page 7 of 19
of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
9/4/2025 12:14:54 PM Page 8 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26142

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$60,000.00
402PT-26 20.600 State and Community Highway
Safety
$25,000.00
405e DDL-26 20.616 Distracted Driving Laws $10,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $4,250.00 8 $34,000.00
DUI Saturation Patrols 164AL-26 $1,825.00 9 $16,425.00
Collaborative DUI Enforcement 164AL-26 $1,500.00 1 $1,500.00 Benefits for 164AL OT @ 11.01% 164AL-26 $51,925.00 1 $5,717.00 Traffic Enforcement 402PT-26 $1,300.00 8 $10,400.00
Motorcycle Safety Enforcement 402PT-26 $1,300.00 2 $2,600.00 Pedestrian and Bicycle Enforcement 402PT-26 $1,300.00 2 $2,600.00 Collaborative Traffic Enforcement 402PT-26 $1,550.00 1 $1,550.00 Traffic Safety Educational Presentations 402PT-26 $425.00 2 $850.00 Benefits for 402PT OT @ 11.01% 402PT-26 $18,000.00 1 $1,982.00 Distracted Driving Enforcement 405e DDL26$1,286.86 7 $9,008.00 Benefits for 405e DDL OT @ 11.01% 405e DDL26$9,008.00 1 $992.00 Category Sub-Total $87,624.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $5,018.00 1 $5,018.00
$0.00
Category Sub-Total $5,018.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $2,358.00 1 $2,358.00
Category Sub-Total $2,358.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
9/4/2025 12:14:54 PM Page 9 of 19
GRANT TOTAL $95,000.00
9/4/2025 12:14:54 PM Page 10 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26142

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @ 11.01% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Workers Compensation 9.06%
Medicare 1.45%
Unemployment Insurance 0.50%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Benefits for 402PT OT @ 11.01% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Workers Compensation 9.06%
Medicare 1.45%
Unemployment Insurance 0.50%
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 405e DDL OT @ 11.01% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Workers Compensation 9.06%
Medicare 1.45%
Unemployment Insurance 0.50%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and 9/4/2025 12:14:54 PM Page 11 of 19
canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
9/4/2025 12:14:54 PM Page 12 of 19
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 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);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26142
9/4/2025 12:14:54 PM Page 13 of 19
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], 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 that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, 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 Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives 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.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient 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.

8. That this Assurance obligates the Recipient 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 9/4/2025 12:14:54 PM Page 14 of 19
form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority 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.

10. The Recipient 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.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 9/4/2025 12:14:54 PM Page 15 of 19
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

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

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

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 9/4/2025 12:14:54 PM Page 16 of 19

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 9/4/2025 12:14:54 PM Page 17 of 19
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 9/4/2025 12:14:54 PM Page 18 of 19
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
9/4/2025 12:14:54 PM Page 19 of 19
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Item No. 12.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Request for Proclamation - Constitution Week
SOURCE: Administrative Services
COMMENT: On December 19, 2023, the City Council amended the process for approving proclamations. Under this process, if more than two Council Members indicate interest in signing a requested proclamation, the item is placed on the consent calendar of the next scheduled City Council meeting for full Council consideration.

The Alta Mira Chapter of the Daughters of the American Revolution has requested a proclamation recognizing “Constitution Week” in the City of Porterville. Mayor Meister is sponsoring the request. Because more than two Council Members expressed interest in signing the proclamation, this item is presented for Council consideration in accordance with the adopted policy.

If approved, the proclamation will be prepared with the appropriate number of Council Member signature blocks and affixed with the City Seal.

RECOMMENDATION: That the City Council approve the request to proclaim “Constitution Week” in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Constitution Week - 2025 Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 13.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Approval of Memorandum of Understanding Between the City of Porterville and the Fire Officer Series
SOURCE: Administrative Services
COMMENT: The City of Porterville and the Fire Officer Series (FOS) have concluded the meet-and-confer process for a successor Memorandum of Understanding (MOU). The proposed MOU covers the three-year term from July 1, 2025, through June 30, 2028, and includes provisions addressing salary adjustments, benefits, and other terms and conditions of employment for employees represented by FOS.

Key terms of the agreement include a five percent (5%) salary increase effective October 1, 2025, a four percent (4%) salary increase effective July 1, 2026, and an additional four percent (4%) salary increase effective July 1, 2027. The MOU also provides an additional three percent (3%) employee contribution toward medical premiums over the three-year term. Other provisions include experience pay, certification incentives, and clarification of acting pay compensation and the Fire Investigation Unit language.

All other previously negotiated benefits and working conditions remain in effect unless specifically modified in the new agreement. This MOU reflects the final agreement reached through good faith negotiations and is intended to maintain competitive compensation while ensuring fiscal responsibility and supporting the City’s recruitment and retention efforts.

RECOMMENDATION: That the City Council:

1. Approve the Memorandum of Understanding between the
City of Porterville and the Fire Officer Series for the period July 1, 2025, through June 30, 2028, as outlined in the attached draft Resolution and Exhibit A.

2. Adopt the draft Resolution ratifying the MOU and amending the Employee Pay and Benefit Plan to reflect its provisions; and

3. Authorize the Interim City Manager to execute the agreement and any related documents necessary to implement its
provisions.

Item No. 13.

ATTACHMENTS: 1. Draft Resolution

2. Exhibit A - FOS MOU
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

FOR THE FIRE OFFICER SERIES
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and
WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, there has been concurrence on amendments to the Memorandum of Understanding (“MOU”) with the Fire Officer Series (“FOS”) for the period from July 1, 2025, through June 30, 2028.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Memorandum of Understanding between the City of Porterville and the FOS, attached hereto as Exhibit A, is hereby ratified; and the Employee Pay and Benefit Plan, for employees holding positions represented by FOS, is hereby amended as detailed in the attached MOU.

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

PASSED, APPROVED AND ADOPTED this 16th day of September 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk

Item No. 14.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Approval of Memorandum of Understanding Between the City of Porterville and the Porterville City Firefighter Association
SOURCE: Administrative Services
COMMENT: The City of Porterville and the Porterville City Firefighter Associations (PCFA) have concluded the meet-and-confer process for a successor Memorandum of Understanding (MOU). The proposed MOU covers the three-year term from July 1, 2025, through June 30, 2028, and includes provisions addressing salary adjustments, benefits, and other terms and conditions of employment for employees represented by PCFA.

Key terms of the agreement include a five percent (5%) salary increase effective October 1, 2025, a four percent (4%) salary increase effective July 1, 2026, and an additional four percent (4%) salary increase effective July 1, 2027. The MOU also provides an additional three percent (3%) employee contribution toward medical premiums over the three-year term. Other provisions include experience pay, certification incentives, and clarification of acting pay compensation.

All other previously negotiated benefits and working conditions remain in effect unless specifically modified in the new agreement. This MOU reflects the final agreement reached through good faith negotiations and is intended to maintain competitive compensation while ensuring fiscal responsibility and supporting the City’s recruitment and retention efforts.

RECOMMENDATION: That the City Council:

1. Approve the Memorandum of Understanding between the
City of Porterville and the Porterville City Firefighter Association for the period July 1, 2025, through June 30, 2028, as outlined in the attached draft Resolution and Exhibit A.

2. Adopt the draft Resolution ratifying the MOU and amending the Employee Pay and Benefit Plan to reflect its provisions; and

3. Authorize the Interim City Manager to execute the agreement and any related documents necessary to implement its
provisions.

Item No. 14.

ATTACHMENTS: 1. Draft Resolution

2. Exhibit A - PCFA MOU
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

FOR THE PORTERVILLE CITY FIREFIGHTER ASSOCIATON
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and
WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, there has been concurrence on amendments to the Memorandum of Understanding (“MOU”) with the Porterville City Firefighter Association (“PCFA”) for the period from July 1, 2025, through June 30, 2028.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Memorandum of Understanding between the City of Porterville and the PCFA, attached hereto as Exhibit A, is hereby ratified; and the Employee Pay and Benefit Plan, for employees holding positions represented by PCFA, is hereby amended as detailed in the attached MOU.

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

PASSED, APPROVED AND ADOPTED this 16th day of September 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk

Item No. 15.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores, in conjunction with Acting City Manager Patrice Hildreth, declared the existence of a local emergency within the City of Porterville. This declaration was made pursuant to Chapter 9 of the Porterville Municipal Code and in response to a series of storm systems impacting the Porterville area, increasing flows in the Tule River and posing a significant threat to life and property. The City Council ratified the declaration at its Special Meeting on March 17, 2023, in accordance with the California Emergency Services Act (Government Code § 8558 et seq.). Per State requirements, the declaration must be renewed every sixty (60) days to remain in effect. At its most recent meeting on September 2, 2025, the Council renewed the emergency declaration.

Staff continues to work with FEMA to resolve outstanding claims and identify a timeline and path forward. In an effort to reduce the size of the agenda binder while still keeping the Council informed, staff is including only the most current Armory Census as an attachment to this report. Once the declaration of local flood emergency is officially concluded, and in coordination with FEMA guidance, staff will prepare a final close-out report that includes all supporting documentation and attachments currently on file.

Chronology of Emergency Response Actions:
• March 10–19, 2023: Tulare County Sheriff and City officials issued a series of evacuation warnings and mandatory orders due to rising water levels and flood threats, including areas near Success Lake, River Springs Drive, and Rio Vista Avenue.
• March 13, 2023: The City declared a Local Emergency.
• March 15–25, 2023: City Public Works performed extraordinary flood mitigation efforts. Evacuation orders were adjusted based on river activity.
• March 17, 2023: The City Council ratified the emergency declaration. • April 11, 2023: The Temporary Evacuation Point (TEP) and Emergency Shelter relocated from Porterville College to the Porterville Armory.

Item No. 15.
• April 14–May 5, 2023: The City and County executed an MOU to continue Armory TEP operations without Cal OES funding. • May 5, 2023: The City assumed full operational and financial responsibility for the Armory site.
• May 16, 2023: The Council approved a one-year no-cost license agreement for exclusive use of the Armory.
• April–July 2023:
o Council approved emergency expenditures including water rescue equipment, mobile ADA-compliant restrooms, and flood mitigation services.
o Due to contract violations, TopKnotch Security was terminated and replaced by Good Guard Security for ongoing Armory safety services.
• State and Federal Declarations:
o Governor Newsom issued Executive Orders N-6-23, N-7-23, and N-10-23 to support flood response and recovery.
o President Biden’s Major Disaster Declaration (April 3, 2023) activated federal recovery funding; FEMA formally closed the incident period on July 10, 2023.

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

ATTACHMENTS: 1. Armory Census
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 16.

CITY COUNCIL AGENDA – SEPTEMBER 16, 2025
SUBJECT: Continued Public Hearing for Consideration of an Amendment to the Land Use Element of the 2030 General Plan and an Ordinance Amending Series 200 of Chapter 21 of the Porterville Municipal Code, Pertaining to an Increase in Residential Densities in the RM-3 Zone District
SOURCE: Community Development
COMMENT: This item was originally scheduled for public hearing at the City Council's regular meeting on September 2, 2025, as a companion to Item 16 on the agenda. Due to a concern about notification on Item 16, the City Council opened the public hearing for this item and continued it to the September 16, 2025, regular meeting.

The State of California has passed several pieces of legislation, including SB 330 (Housing Crisis Act of 2019), SB 8, and SB 9, to address the housing shortage in the state. Under SB 330, and SB 8 which extended SB 330’s timeline until 2030 and expanded definitions, local jurisdictions are prevented from changing the land use and zoning designations of residential parcels to non-residential uses without concurrently rezoning/re-designating other parcels within the jurisdiction to “ensure there is no net loss,” of residential capacity.

BACKGROUND: At its City Council meeting of December 7, 2021, under a Scheduled Item, Staff informed the Council of the various historic zoning and development ordinances adopted by the City since 1940 and the associated densities. Since the first zoning ordinance (Ord. 383) was adopted in 1940, the Council has taken action to reduce the maximum density from the original unlimited maximum to a density of 30 units per acre currently in effect in the City’s RM-3 (High Density Residential) districts. In accordance with historic density standards and to encourage infill development within the City, Council directed staff to undertake an amendment to the Porterville Development Ordinance, General Plan, and the General Plan Environmental Impact Report to allow for an increase of 0.5 units in the RM-3 zone standards to an overall total of 30.5 units per acre.

ANALYSIS: The amendment to the 2030 General Plan and the Porterville Development Ordinance (Ordinance 1873) to increase the density of High Density Residential land use designation and zoning (RM-3) to 30.5 units per Item No. 16.
acre would result in an increase of 90 potential residential units across the City within the High Density Residential (RM-3) zoning district. This action would be in line with General Plan Guiding Policy LU-G-8, “Allow and encourage efficient infill development in existing neighborhoods.” This action is distinct from, but related to, a proposal to amend the planned land use of APN 246-240-020 from Low Density Residential to Retails Centers, and would serve to maintain-- technically to increase by a small margin--residential development capacity.

ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA), the Environmental Coordinator made a preliminary determination that the proposed amendments are exempt from further environmental review in accordance with CEQA Section 21093(a) and CEQA Guidelines Section 15164, as the amendment only proposes minor technical modifications and would not result in new significant impacts, nor will the amendment substantially increase the severity of impacts identified in the General Plan EIR.

Staff submitted a task order request to the environmental planning firms on the City’s on-call consulting contract list for the Environmental Review of the amendment. LSA was selected as part of the process and prepared an addendum to the General Plan Environmental Impact Report (EIR), which was certified by the City of Porterville in March 2008.

The addendum concluded that the proposed density increase from 30 units per acre to 30.5 units per acre would not require major revisions to the General Plan EIR due to new or substantially increased significant environmental effects. The analysis confirmed that the density increase is within the scope of the General Plan EIR and will not have new or more severe significant effect, and that no new mitigation measures are required; therefore, no subsequent EIR or further CEQA review is required prior to the approval of the proposed density increases in the General Plan and RM-3 District, and adoption of an addendum is appropriate. Aside from any notice associated with related entitlements, there is no public comment period for an addendum.

RECOMMENDATION: That the City Council,

1. Open the continued Public Hearing and receive public testimony regarding the proposed general plan amendment and ordinance;

2. Find that the proposed amendments are exempt from CEQA under CEQA Guidelines Section 15164;

3. Adopt the draft resolution approving the addendum to the Porterville 2030 General Plan EIR and the amendment to the Land Use Element of the 2030 General Plan; and

4. Approve for first reading the draft ordinance increasing the density in the RM-3 (High Density Residential) district from 30 Item No. 16.
units per acre to 30.5 units per acre, read by title only, waive further reading, and order the ordinance to print.

ATTACHMENTS: 1. EIR Addendum- Porterville RM-3 Density Increase

2. Draft Resolution

3. Draft Ordinance

4. Henderson-65 CUP Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net

MEMORANDUM
DATE: June 7, 2022
TO: Jason Ridenour, Community Development Director, City of Porterville FROM: Amy Fischer, Principal
Cara Carlucci, Senior Planner
SUBJECT: California Environmental Quality Act (CEQA) Addendum for the Porterville High Density Residential Density Increase Project, Porterville, California This document, prepared pursuant to the California Environmental Quality Act (CEQA) and the regulations and policies of the City of Porterville, provides information and analysis concerning the proposed Porterville High Density Residential Density Increase Project (proposed project). This document is an Addendum to the Porterville 2030 General Plan Environmental Impact Report (General Plan EIR), which was certified by the City of Porterville in March 2008. 1 This Addendum to the General Plan EIR evaluates whether the density changes associated with the proposed project would result in new or substantially more adverse significant effects or require new mitigation measures not identified in the General Plan EIR. See Attachment A for a full description of the proposed project. The City of Porterville is the Lead Agency under CEQA. In accordance with CEQA Section 21093(a) and CEQA Guidelines Section 15164, this Addendum tiers off the General Plan EIR, which is hereby incorporated by reference.

INTRODUCTION
To encourage infill development and to increase potential housing units within the City, the proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance (1873) to increase the density of High Density Residential (RM-3) to

30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. All other requirements of the RM-3, including lot sizes and use classifications would remain. This would result in an increase of 167 potential residential units across the City within the High Density Residential (RM-3) zoning district. This increase is in line with General Plan Land Use Element Guiding Policy LU-G-8, which states “Allow and encourage efficient infill development in existing neighborhoods.”
This Addendum is prepared pursuant to CEQA Guidelines Section 15164 which states: “the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.” Section 15162(a) specifies that “no subsequent EIR shall be prepared for that project unless the lead agency determines one or more of the following:”
1 Porterville, City of. 2008. Porterville 2030 General Plan Environmental Impact Report. March. 6/7/22 (\\lsaazfiles.file.core.windows.net\projects\POR1801.31 City-Initiated Density Increases\PRODUCTS\Final Addendum\Porterville Density Increase Addendum.docx) 2

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Pursuant to CEQA Guidelines Section 15164(e), the purpose of this Addendum is to describe and evaluate the proposed project, assess the proposed modifications to the project evaluated in the General Plan EIR, and identify the reasons for the City's conclusion that changes to the proposed project and associated environmental effects do not meet the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent or supplemental EIR.

Attachment A to this Addendum provides a complete description of the proposed project.

Attachment B to this Addendum provides the Environmental Checklist prepared for the project. This checklist provides information to: 1) compare the environmental impacts of the proposed project with impacts expected to result from development approved in the General Plan and evaluated in the General Plan EIR; 2) demonstrate that the proposed project would not result in new or more severe significant environmental impacts; 3) provide new or revised mitigation measures not identified in the General Plan EIR; and 4) conclude that no substantial changes with respect to the circumstances under which the project would be undertaken since the General Plan EIR was adopted resulted in new or more severe significant environmental effects.

FINDINGS PURSUANT TO CEQA GUIDELINES SECTION 15162
The following discussion summarizes the reasons that a subsequent EIR, pursuant to CEQA Guidelines Section 15162, is not required and an Addendum to the General Plan EIR is the appropriate CEQA document. The following findings are supported by the substantial evidence included in Attachment B, Environmental Checklist.
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Substantial Changes
Per the analysis included in Attachment B, Environmental Checklist, the proposed minor modifications to the project evaluated in the General Plan EIR would not result in new significant impacts beyond those identified in the General Plan EIR, would not substantially increase the severity of impacts identified in the General Plan EIR, and would not require major revisions to the General Plan EIR. Therefore, the proposed changes to the project would be minor modifications, not substantial changes, and an Addendum is the appropriate document to address these minor modifications rather than a subsequent or supplemental EIR.

Substantial Changes in Circumstances
As described in the Environmental Checklist for each topic, environmental conditions in and around the project site have not changed such that implementation of the proposed minor modifications to the General Plan EIR would result in new significant environmental effects or a substantial increase in the severity of environmental effects identified in the General Plan EIR, and thus would not require major revisions to the General Plan EIR.

New Information
No new information of substantial importance, which was not known or could not have been known when the General Plan EIR was certified, has been identified which shows that the proposed minor modifications to the General Plan EIR associated with the proposed project would be expected to result in: 1) new significant environmental effects not identified in the General Plan EIR; 2) substantially more severe environmental effects than shown in the General Plan EIR; 3) mitigation measures or alternatives previously determined to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative; or 4) mitigation measures or alternatives which are considerably different from those analyzed in the General Plan EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. In addition, the proposed minor modifications would require no new mitigation measures, as described throughout the Environmental Checklist, because no new or substantially more severe impacts are expected beyond those identified in the General Plan EIR.

CONCLUSION
The proposed density increase described in this Addendum would not require major revisions to the General Plan EIR due to new or substantially increased significant environmental effects. The analysis contained in the Environmental Checklist confirms that the density increase is within the scope of General Plan EIR and will have no new or more severe significant effects and no new mitigation measures are required. Therefore, no subsequent EIR or further CEQA review is required prior to approval of the proposed project, as described in this Addendum.

Attachments: A: Project Description
B: Environmental Checklist Pursuant to CEQA Guidelines Section 15164 ATTACHMENT A – P ROJECT DESCRIPTION
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ATTACHMENT A

PROJECT DESCRIPTION
The following describes the City of Porterville General Plan and Development Ordinance Amendment for the proposed Porterville High Density Residential Density Increase Project, referred to as the “proposed project,” in the City of Porterville (City). This project description is part of the preparation of an Addendum to the Porterville 2030 General Plan Environmental Impact Report (General Plan EIR), which was certified by the City of Porterville in March 2008. 1 The City is the
California Environmental Quality Act (CEQA) lead agency for the proposed project.

PROJECT LOCATION
The City of Porterville is located in Tulare County, west of the Sierra Nevada. The City is located primarily north of California State Route (SR) 190, and east of SR 65, approximately 20 miles southeast of Visalia. The City limits encompass 18.6 square miles and includes the airport and agricultural/conservation land in the southeast portion of the City. Figure 1 shows the regional location of Porterville.

The project area consists of all properties within the City of Porterville designated as High Density Residential (RM-3). Figure 2 shows the City’s General Plan designations and Figure 3 shows the zoning designations.

PROJECT BACKGROUND
The State of California (State) has passed several pieces of legislation, including Senate Bill (SB) 330 (Housing Crisis Act of 2019), SB 8, and SB 9, in recent years to address the housing shortage in the State. Under SB 330, local jurisdictions are prevented from changing the land use and zoning designations of residential parcels to non-residential uses without concurrently rezoning/redesignating other parcels within the jurisdiction to ensure there is no net loss of residential capacity.

In a historical context, since the adoption of Ordinance 383 as the original Zoning Ordinance of Porterville in 1940, the City has gradually reduced the allowed density in residential districts. Under Ordinance 383, the high-density residential designation did not have a maximum density. Ordinance 478, adopted in 1949, established an effective maximum density of 72 units per acre (minimum of 600 square feet of lot area per family). Ordinance 707, adopted in 1962, established an effective maximum density of 43 units per acre in all high-density residential districts (1,000 square feet of lot area per unit). This density was maintained until the current development ordinance, Ordinance 1873 was adopted in 2010. Upon its adoption, Ordinance 1873 established new maximum densities allowed in high density residential zones as follows: 41 units per acre within Downtown Mixed Use (D-MX), 33 units per acre in Downtown-High Density (DRM-3), and 30 units per acre in High Density 1 Porterville, City of. 2008. Porterville 2030 General Plan Environmental Impact Report. March.

PORTERVILLE HIGH DENSITY RESIDENTIAL DENSITY INCREASE P ROJECT

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ATTACHMENT A – P ROJECT DESCRIPTION
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Residential (RM-3). In addition, the Porterville 2030 General Plan Land Use Element states that the High Density Residential classification is intended to accommodate attached homes, two- to fourplexes, and apartment buildings with a maximum density of 24 units per gross acre.

PROPOSED PROJECT
State housing element law assigns the responsibility for preparing the Regional Housing Needs Assessment (RHNA) for the Tulare County region to the Tulare County Association of Governments (TCAG). TCAG, and other California councils of governments (COGs), undertake the RHNA process prior to each housing element cycle. The current RHNA is for the fifth housing element cycle and covers a 9.75-year projection period (January 1, 2014, to September 30, 2023).2 Based on the fifth cycle of the RHNA Plan for Tulare County, the City of Porterville was allocated 3,196 residential units to be approved or planned for by 2023. As of December 1, 2021, the City has approved 621 building permits for new residential units. Overall, by 2023, the City is expected to approve or plan for the remaining 2,575 units.

To encourage infill development and to increase potential housing units within the City, the proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance (1873) to increase the density of High Density Residential (RM-3) to 30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. All other requirements of the RM-3, including lot sizes and use classifications would remain. This would result in an increase of 167 potential residential units across the City within all designated High Density Residential (RM-3) properties. This increase is in line with General Plan Land Use Element Guiding Policy LU-G-8, which states “Allow and encourage efficient infill development in existing neighborhoods.”

APPROVALS NECESSARY
As part of the proposed project evaluated in this Addendum, the following approvals would be required:
• The adoption of this Addendum
• General Plan Amendment
• Development Code Amendment
2 Tulare County Association of Governments. 2014. Final Regional Housing Needs Plan for Tulare County 2014—023. Adopted June 30.

SOURCE: USGS 7.5' Quad - Porterville (1969), Woodville (1969), Success Dam (1977), CA I:\POR1801.31\GIS\MXD\ProjLocation_USGS.mxd (1/6/2022)
FIGURE 1
City of Porterville High Density
Residential Density Increase Project
Project Location and Vicinity
0 2500 5000
FEET
LEGEND
City of Porterville Limits
Project
Location
Tulare
County Ã65 Ã190
Ã137
Ã99
Project Vicinity

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ATTACHMENT A – P ROJECT DESCRIPTION
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Olive Ave
Newcomb St
Westwood St
P
orter Rd
Jaye St
P al no St
Morton Ave
Henderson Ave
Main St
Date Ave
Grand Ave
Success Dr
Lime St
Orange Belt Dr
E St
Westfield Ave
Reid Ave
ÄÆ190
ÄÆ65
SOURCE: Google (2020); City of Porterville (2021)
I:\POR1801.31\GIS\MXD\GPLU.mxd (1/7/2022)
FIGURE 2
City of Porterville High Density
Residential Density Increase Project
General Plan Land Use
0 2100 4200
FEET
LEGEND
City of Porterville
High Density Residential

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Olive Ave
Newcomb St
Westwood St
P
orter Rd
Jaye St
Plano St
Morton Ave
Henderson Ave
Main St
Date Ave
Grand Ave
Success Dr
L mi e St
Orange
Belt Dr
E
St
Westfield Ave
Reid Ave
ÄÆ190
ÄÆ65
SOURCE: Google (2020); City of Porterville (2021)
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FIGURE 3
City of Porterville High Density
Residential Density Increase Project
Zoning
0 2100 4200
FEET
LEGEND
City of Porterville
Zoning
High Density Residential (RM-3)

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ATTACHMENT B – E NVIRONMENTAL C HECKLIST
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ATTACHMENT B

ENVIRONMENTAL CHECKLIST
PURSUANT TO CEQA GUIDELINES SECTION 15164
Per State CEQA Guidelines Section 15164(a), “the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred”. This checklist confirms that the Porterville High Density Residential Density Increase Project (proposed project) described in Attachment A, is within the scope of the Porterville 2030 General Plan Environmental Impact Report (General Plan EIR), which was certified by the City of Porterville in March 2008.
1 This Environmental Checklist supports the finding that the proposed project would not result in new or substantially more severe significant effects, and no new mitigation measures are required for the proposed project.

In accordance with CEQA Guidelines Section 21094(c) and CEQA Guidelines Section 15152(a), this Addendum tiers off the General Plan EIR, which is hereby incorporated by reference.

This environmental checklist is used to: 1) compare the environmental impacts of the proposed project with impacts expected to result from development of the General Plan evaluated in the General Plan EIR; 2) demonstrate that the proposed project would not result in new or more severe significant environmental impacts; 3) provide new or revised mitigation measures not identified in the General Plan EIR, and 4) demonstrate that no substantial changes with respect to the circumstances under which the project would be undertaken since the General Plan EIR was certified resulted in new or more severe significant environmental effects.

In summary, no new or more severe significant impacts were identified for the proposed density increase that were not identified and mitigated in the General Plan EIR, and no new mitigation measures would be required for the proposed project. The proposed project includes an increased density of High Density Residential (RM-3) from 30 units per acre to 30.5 units per acre and an increase in the maximum density of High Density Residential in the General Plan to align with the increase. The proposed project only includes sites already designated for residential development and does not change land uses or densities on any other sites. For all environmental topics addressed in the following checklist, there have been no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the General Plan EIR. Therefore, no subsequent EIR or further CEQA evaluation is required for the proposed density increase. 1 Porterville, City of. 2008. Porterville 2030 General Plan Environmental Impact Report. March.

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1.1 AESTHETICS
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway
c. Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

1.1.1 Discussion

1.1.1.1 Scenic Vistas
As discussed in the General Plan EIR, in order to conserve the existing open space and unique landscape features and protect views, the City adopted a Hillside Development Ordinance. In addition, the Foothill Growth Management Plan, an element of the existing Tulare County General Plan, helps guide development in the area. Much of Porterville has views of the eastern foothills as well as Sierra Nevada Mountains. Because most development in the city is two stories or less in height, many streets and parks have views of the hillsides, although some views are framed and partially obscured by buildings and trees. Views from areas within developed neighborhoods would generally not change, with the potential exception of areas adjacent to infill sites. Overall, public views would not be significantly altered or blocked.

The General Plan EIR found that allowing urban development within existing vacant hills would alter the visual character of the open slopes; however, the impacts of development on visible hillsides would be minimal because the City’s Hillside Development Ordinance and General Plan policies call for protecting foothill ridgelines, limiting development on visible hillsides, and preserving viewsheds.

In addition, as discussed in the General Plan EIR, the General Plan also calls for community design standards for new residential development. The General Plan EIR determined that compliance with the City’s Hillside Development Ordinance and the General Plan policies would ensure that less than significant impacts occur on the City’s scenic vistas.

The proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance to increase the density of High Density Residential (RM-3) from 30 units per acre to 30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. All other requirements of the RM-3,

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including lot sizes and use classifications would remain. The proposed project does not change land uses on any sites. Future residential development associated with the proposed density increase would also be required to comply with the City’s Hillside Development Ordinance and General Plan policies related to scenic vistas. Therefore, impacts associated with the proposed project would not result in new or more severe impacts to scenic vistas beyond those identified in the General Plan EIR.

1.1.1.2 Scenic Resources
As discussed in the General Plan EIR, scenic views of the Sierra Nevada foothills and the Tule River are available from State Route 190, which is eligible for State Scenic Highway designation eastward from the State Route 65 intersection. The General Plan EIR found that these views from along the highway would change with the introduction of industrial, residential and commercial development, streets, and night lighting. However, the General Plan EIR determined that compliance with the City’s Hillside Development Ordinance and the General Plan policies would reduce impacts on an Eligible State Scenic Highway corridor to a level that is less than significant.

Future residential development associated with the proposed density increase would also be required to comply with the City’s Hillside Development Ordinance and General Plan policies related to scenic resources. In addition, there would not be a significant number of additional units along scenic resources and no land use changes are proposed that could impact scenic resources.

Therefore, impacts associated with the proposed project would not result in new or more severe impacts to scenic resources beyond those identified in the General Plan EIR.

1.1.1.3 Visual Character
The General Plan EIR found that the aesthetic resources of the City, Tule River, hillsides, ridgelines, and historic buildings, could potentially be impacted by new development unless it is thoughtfully designed, and therefore, the General Plan includes policies that are aimed at protecting existing neighborhoods and preserving historic resources. The General Plan EIR also found that new development proposed on vacant sites within the planned urban area could also alter the surrounding rural visual character through increased densities and intensities. The General Plan EIR determined that General Plan policies that establish design standards would reduce potential scale and character effects and ensure that existing visual quality is preserved.

Although the proposed project would increase the maximum density of High Density Residential and would require a General Plan Amendment and amendment to the Porterville Development Ordinance, the future residential uses would be consistent with the proposed General Plan designations and zones. In addition, all other requirements of the RM-3, including lot sizes and use classifications would remain. Future residential development associated with the proposed density increase would also be required to comply with the City’s General Plan policies related to visual character. In addition, no land use changes are proposed. Therefore, impacts associated with the proposed project would not result in new or more severe impacts to visual character beyond those identified in the General Plan EIR.

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1.1.1.4 Light and Glare
As discussed in the General Plan EIR, future development under the General Plan would increase the amount of light in the Planning Area due to street lighting, flood lights, security lighting, private residential lights, and automobile headlights. Within the unincorporated areas, new development would introduce ambient urban light to a rural area with only limited light sources at present. The General Plan EIR found that the increase in development throughout the Planning Area (incorporated and unincorporated areas) would increase the amount of ambient light, interfering with views of the night sky, especially in more urbanized areas, and altering the nighttime character of the Planning Area. City’s Municipal Code and General Plan policies would ensure that less than significant light and glare impacts would occur.

Future residential development associated with the proposed density increase would also be required to comply with the City’s Municipal Code and General Plan policies related to light and glare. As such, the proposed project would not result in new or more severe impacts related to light and glare more severe than beyond those identified in the General Plan EIR.

1.1.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.1.3 Applicable Policies
• LU-I-3: Amend the Urban Development Boundary (UDB) in order to guide growth through annexation and development, and the efficient extension of public services to new areas. • LU-I-12: Require residential development on slopes over six percent to comply with the Hillside Development Ordinance.
• LU-I-14: Allow residential developments to employ creative site design, landscaping, and architectural quality that blend with the characteristics of each location and its surroundings and offer superior design solutions.
• LU-I-15: Adopt community design standards for new residential development. • LU-I-17: Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees, historic and landmark trees (in healthy condition as determined by licensed/certified arborist) and rock outcroppings, to the maximum extent feasible. • LU-I-18: Protect existing residential neighborhoods from the encroachment of incompatible activities and land uses, and environmental hazards.
• LU-I-20: Establish standards for pedestrian-oriented design in neighborhood centers. Pedestrian orientation design standards may include, but would not be limited to:
○ Limitations on maximum block length

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○ Minimum sidewalk width
○ Required streetscape improvements, including street trees ○ Building height and articulation
○ Building setbacks
○ Location of entries
○ Parking location and required landscaping
• LU-I-21: Prohibit new strip commercial developments.
• LU-I-25: Establish buffering requirements and performance standards intended to minimize harmful effects of excessive noise, light, glare, and other adverse environmental impacts. • LU-I-34: Utilize redevelopment, or other tools where available, to revitalize and preserve historic buildings.
• OSC-I-5: Require, as a condition of any Resort Residential development, commitments to permanent open space, and preservation of ridges and steep hillside land that form the scenic backdrop of the Resort Residential district.
• OSC-I-13: Preserve Rocky Hill as an open space resource through the establishment of a conservancy, Open Space District or other device.
• OSC-I-27: Protect and enhance the natural habitat features of the Tule River and open space corridors within the Planning Area.
• OSC-I-28: Require protection of sensitive habitat areas and special status species in new development site designs in the following order: 1) avoidance; 2) onsite mitigation, 3) offsite mitigation, and 4) purchase of mitigation credits.
• OSC-I-29: Require assessments of biological resources prior to approval of any development within 300 feet of any creeks, sensitive habitat areas, or areas of potential sensitive status species.
• OSC-I-31: Require, as part of the proposed Tule River Corridor Plan, measures to protect and enhance riparian zones, natural areas and wildlife habitat qualities; and establish and maintain a buffer along the river where development shall not occur, except as part of the parkway enhancement (e.g., trails and bikeways).
• OSC-I-71: Update the City’s inventory of historic resources to determine sites or buildings of federal, State, or local historic significance.

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• OSC-I-73: Require that new development analyze and avoid any potential impacts to archaeological, paleontological, and historic resources by:
○ Requiring a records review for development proposed in areas that are considered archaeologically sensitive;
○ Studying the potential effects of development and construction (as required by CEQA); ○ Developing, where appropriate, mitigation measures to minimize potential impacts; and ○ Implementing appropriate measures to avoid the identified impacts. • PSCF-I-8: Provide lighted facilities for active community recreation areas in order to extend usability, whenever possible.

1.1.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

There would be no new impacts related to aesthetics associated with the proposed project and mitigation is not required.

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1.2 AGRICULTURE AND FORESTRY RESOURCES
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as
defined by Government Code Section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?

1.2.1 Discussion

1.2.1.1 Conversion of Farmland
As discussed in the General Plan EIR, buildout of the General Plan would convert substantial amounts of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use. As such, the General Plan EIR determined this impact to be significant and unavoidable. The proposed project would increase the maximum density of RM-3 and would only include properties already designated as RM-3. Therefore, the proposed project would not result in the conversion of farmland to non-agricultural uses. As such, the proposed project would not result in new or more severe impacts related to the conversion of farmland more severe than beyond those identified in the General Plan EIR.

1.2.1.2 Conflict with Zoning for Agricultural Use or a Williamson Act Contract The General Plan EIR determined that the conversion of lands under Williamson Act contracts would result in a less-than-significant impact as the General Plan recognizes the lands with current 10-year contracts and General Plan policies would preserve them.

Although land under Williamson Act contracts and land for agricultural uses exists within the City, implementation of the proposed project would not convert any farmland to a non-agricultural use as the proposed project only includes properties within the City of Porterville designated as RM-3. In addition, no land use changes are proposed. Therefore, the proposed Development Code Amendment would not conflict with existing zoning for agricultural use or a Williamson Act contract.

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As such, the proposed project would not result in new or more severe impacts related to the zoning for agricultural use or a Williamson Act Contract more severe than beyond those identified in the General Plan EIR.

1.2.1.3 Conflict with Zoning for Forest Land, Timberland, or Timberland Production The project area includes all designated RM-3 properties within the City of Porterville. Therefore, the proposed project would not require the rezoning of any existing parcels or land use designations for forest land or timberland uses. As such, the proposed project would not result in impacts to forest land or timberland more severe than impacts identified in the General Plan EIR.

1.2.1.4 Result in the Loss of Forest Land
As discussed above, the proposed project would not convert forest land to non-forest use.

Therefore, the proposed project would not result in impacts to forest land more severe than impacts identified in the General Plan EIR.

1.2.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.2.3 Applicable Policies
• LU-I-5: Require contiguous development within the Urban Development Boundary (UDB) unless it can be demonstrated that development of property which is contiguous to urban development is unavailable.
• OSC-I-1: Adopt resource protection regulations for Agricultural/Rural/Conservation areas designated on the General Plan Land Use Diagram.
• OSC-I-2: Work with the County with the objective of:
○ Retaining agriculture and open space areas around the City, consistent with the General Plan; and
○ Notifying the City of development applications to areas adjacent to the City’s Planning Area. • OSC-I-16: Decline requests for annexation of any land subject to an ongoing Williamson Act contract.
• OSC-I-17: Prohibit the conversion of prime agricultural land for urban development through General Plan amendments unless there are no other feasible alternatives for development. • OSC-I-18: Adopt a Right to Farm Ordinance to facilitate the continuance of agricultural activities within the Planning Area until the land is needed to accommodate population and employment growth.

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• OSC-I-20: Work with Tulare County and non-profit land trusts to establish and fund programs for purchase of conservation easements, which may assist property owners who want to maintain agricultural and rural land in the Planning Area.

1.2.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to agriculture and forestry associated with the proposed project and mitigation is not required.

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1.3 AIR QUALITY
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to odors) affecting a substantial number of people?

1.3.1 Discussion

1.3.1.1 Clean Air Plan Consistency
The proposed project is located within the City of Porterville. Porterville is part of the San Joaquin Valley Air Basin (SJVAB), which is within the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The SJVAPCD is responsible for air quality regulation within the eight county San Joaquin Valley region.

Both the State of California (State) and the federal government have established health-based Ambient Air Quality Standards (AAQS) for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter (PM2.5 and PM10). The SJVAB is designated as non-attainment for O3 and PM2.5 for federal standards and non-attainment for O3, PM10, and PM2.5 for State standards.

An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a non-attainment area. To bring the San Joaquin Valley into attainment, the SJVAPCD has developed the 2013 Plan for the Revoked 1-Hour Ozone Standard (Ozone Plan), adopted on September 19, 2013.2 The SJVAPCD also adopted the 2016 Plan for the 2008 8-Hour Ozone Standard in June 2016 to satisfy Clean Air Act requirements and ensure attainment of the 75 parts per billion (ppb) 8-hour ozone standard.3

2 San Joaquin Valley Air Pollution Control District. 2013. 2013 Plan for the Revoked 1-Hour Ozone Standard.

September 19. Website: www.valleyair.org/Air_Quality_Plans/Ozone-OneHourPlan-2013.htm (accessed February 2022). 3
San Joaquin Valley Air Pollution Control District. 2016. 2016 Plan for the 2008 8-Hour Ozone Standard.

June 16. Website: www.valleyair.org/Air_Quality_Plans/Ozone-Plan-2016.htm (accessed February 2022).

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To assure the SJVAB’s continued attainment of the USEPA PM10 standard, the SJVAPCD adopted the 2007 PM10 Maintenance Plan in September 2007.
4 SJVAPCD Regulation VIII (Fugitive PM10
Prohibitions) is designed to reduce PM10 emissions generated by human activity. The SJVAPCD adopted the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards in November 2018 to address the USEPA 1997 annual PM2.5 standard of 15 µg/m3 and 24-hour PM2.5 standard of 65 µg/m3 , the
2006 24-hour PM2.5 standard of 35 μg/m³, and the 2012 annual PM2.5 standard of 12 μg/m³.5 CEQA requires that certain proposed projects be analyzed for consistency with the applicable air quality plan. For a project to be consistent with SJVAPCD air quality plans, the pollutants emitted from a project should not exceed the SJVAPCD emission thresholds or cause a significant impact on air quality. In addition, emission reductions achieved through implementation of offset requirements are a major component of the SJVAPCD air quality plans.

The General Plan EIR found that over the long term, implementation of the General Plan would result in an increase in criteria pollutant emissions primarily due to related motor vehicle trips, which would exceed the annual SJVAPCD thresholds for nitrogen oxides (NOx) and organic gases (ROG). However, the General Plan EIR also determined that the General Plan commits the City to support federal, State and SJVAPCD efforts to reduce emissions through its policies to reduce automobile use and increase the use of alternative transportation, and therefore, the General Plan would not interfere with the SJVAPCD’s efforts to achieve and maintain air quality standards.

However, the General Plan EIR determined that because the full scope and effectiveness of the General Plan measures is not fully known, this impact was considered significant and unavoidable.

The proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance to increase the density of RM-3 to 30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical changes or development. Future residential development associated with the proposed density increase would be reviewed based on, among other things, consistency with SJVAPCD air quality plans as a part of the City’s development review process. In addition, no land use changes are proposed. Therefore, the proposed project would not lead to new or more severe impacts associated with clean air plan consistency beyond those identified in the General Plan EIR.

1.3.1.2 Criteria Pollutant Analysis
As discussed in the General Plan EIR, air quality impacts resulting from the implementation of the General Plan fall into two categories: short-term impacts due to construction, and long-term 4 San Joaquin Valley Air Pollution Control District. 2007. 2007 PM10 Maintenance Plan and Request for Redesignation. September 20. Available online at: www.valleyair.org/Air_Quality_Plans/docs/ Maintenance%20Plan10-25-07.pdf (accessed February 2022). 5 San Joaquin Valley Air Pollution Control District. 2018. 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards. November 15. Available online at: www.valleyair.org/pmplans/documents/2018/pm-planadopted/2018-Plan-for-the-1997-2006-and-2012-PM2.5-Standards.pdf%20 (accessed February 2022).

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impacts due to traffic and the operation of other mobile and stationary sources. Construction activities would affect local particulate concentrations primarily due to fugitive dust sources and increase other criteria pollutant emissions from equipment exhaust. As discussed in the General Plan EIR, the General Plan commits the City to use Best Management Practices to reduce construction emissions, including airborne naturally occurring asbestos, consistent with SJVAPCD guidelines, resulting in less than significant impacts.

In addition, as discussed above, the General Plan EIR determined that over the long term, implementation of the General Plan would result in an increase in criteria pollutant emissions primarily due to related motor vehicle trips, which would exceed the annual SJVAPCD thresholds for NOx and ROG, resulting in a significant and unavoidable impact.

The proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance to increase the density of RM-3 to 30.5 units per acre. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed.

As no construction or demolition is proposed as part of the project, no short-term construction emissions are anticipated as a result of project implementation. Long-term emissions are associated with any change in permanent use of a project site by on-site stationary and off-site mobile sources that substantially increase emissions. Stationary-source emissions include emissions associated with electricity consumption and natural gas usage. Mobile-source emissions typically result from vehicle trips associated with a project. The proposed project does not propose any physical development; however, future residential development associated with the proposed density increase would generate vehicle trips, electricity consumption, and natural gas usage, which could contribute to the significant long-term impacts identified in the General Plan EIR.

Future residential development associated with the proposed density increase would be evaluated on an individual basis as part of the City’s development review process for new construction, and may require subsequent analysis to evaluate the potential to result in a cumulatively considerable net increase of criteria pollutant emissions. However, the proposed project itself would not itself result in a cumulatively considerable net increase of criteria pollutant emissions. Therefore, the proposed project would not lead to new or more severe criteria pollutant impacts beyond those identified in the General Plan EIR.

1.3.1.3 Sensitive Receptors
As discussed in the General Plan EIR, development (in particular infill development) resulting from buildout of the General Plan could place sensitive land uses near local intersections or roadways associated with air pollutant emissions that exceed State or federal ambient air quality standards. In addition, the General Plan EIR states that existing sensitive land uses near local roadways that experience increased levels of traffic resulting from build out of the General Plan could be exposed to air pollutant emissions that exceed State and/or federal ambient air quality standards.

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The General Plan EIR found that CEQA documentation prepared for individual projects (resulting from implementation of the General Plan) would have project-specific data and would be required to address, and to the extent feasible, mitigate any significant or potentially significant air quality impacts. However, the General Plan EIR determined this impact would be significant and unavoidable.

As described above, the proposed project would not significantly increase short- or long-term emissions as the proposed density increase does not propose any physical improvements. Although future residential development associated with implementation of the proposed density increase would involve new construction and improvements, all future discretionary projects developed would be subject to separate review on a project-specific basis. Therefore, the proposed project would not expose sensitive receptors to substantial pollutant concentrations. Therefore, the proposed project would not lead to new or more severe impacts to sensitive receptors beyond those identified in the General Plan EIR.

1.3.1.4 Odors
The General Plan EIR determined that implementation of the General Plan in itself would not create objectionable odors affecting a substantial number of people. The proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance to increase the density of RM-3 to 30.5 units per acre. Residential uses are not expected to result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

Therefore, the proposed project would not lead to new or more severe odor impacts beyond those identified in the General Plan EIR.

1.3.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.3.3 Applicable Policies
• LU-I-16: Adopt guidelines and incentives for using green building standards in new construction. • C-I-7: Require street tree planting as part of an urban forestry program. • OSC-I-33: Protect, revitalize and expand Porterville’s urban forest through public education, sensitive regulation, and a long-term financial commitment that is adequate to protect this resource.
• OSC-I-34: Continue to require street tree planting in new development and support the City’s tree planting fund.
• OSC-I-58: Continue to assess air quality impacts through environmental review and require developers to implement best management practices to reduce air pollutant emissions associated with the construction and operation of development projects.

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• OSC-I-59: Require preparation of a Health Risk Assessment for any development subject to the Air Toxics “Hot Spots” Act.
• OSC-I-60: Require dust control measures as a condition of approval for subdivision maps, site plans, and all grading permits.
• OSC-I-61: Coordinate air quality planning efforts with other local, regional and State agencies. • OSC-I-62: Be proactive in educating the public about the linkages between land use, transportation and air quality.
• OSC-I-63: Notify local and regional jurisdictions of proposed projects that may affect regional air quality.
• OSC-I-64: Investigate replacing City vehicles with low-emission technology. • OSC-I-65: When asbestos has been identified in the preliminary soils report, require all new development and public works projects to comply with all provisions of State and regional ATCM regulations for control of airborne asbestos emissions relating to construction, road maintenance, and grading activities.

1.3.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to air quality associated with the proposed project and mitigation is not required.

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1.4 BIOLOGICAL RESOURCES
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

1.4.1 Discussion

1.4.1.1 Candidate, Sensitive, or Special-Status Species The General Plan EIR found that there are a number of sensitive plant and animal species that are known to occur or have the potential to occur in the Planning Area; and therefore, impacts on special-status species could occur through conversion of habitat to other land uses, or through direct mortality or harm resulting during construction-related activities. However, as discussed in the General Plan EIR, at the time individual development applications are submitted, the City will assess development proposals for potential impacts to significant biological resources pursuant to CEQA and associated State and federal regulations. In addition, implementation of General Plan policies establish specific measures to protect and preserve sensitive habitats that support protected species. However, the General Plan EIR still considered this impact to be significant and unavoidable.

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increase the maximum density of High Density Residential in the General Plan to align with the increase. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development associated with the proposed density increase would be reviewed based on, among other things, the effect on special-status species as a part of the City’s development review process. In addition, all future residential development would be required to implement General Plan policies related to candidate, sensitive, and special-status species. Therefore, the proposed project would not lead to new or more severe impacts associated with candidate, sensitive, or special-status species beyond those identified in the General Plan EIR.

1.4.1.2 Riparian Habitat and or Other Sensitive Natural Communities As identified in the General Plan EIR, areas along the Tule River and other local waterways contain riparian habitat. Riparian habitats support a variety of plant and wildlife species along watercourses or water bodies adaptable to seasonal flooding. In addition, other sensitive habitats in the Planning Area include annual grassland, wetlands, montane hardwood, agricultural croplands and orchards, and vernal pools. Areas of particular concern include the grassland habitat in the eastern foothills and central portion of the Planning Area, south of Tule River. Development resulting from buildout of the General Plan will result in the conversion of riparian and other sensitive habitats to urban land uses as well. As discussed in the General Plan EIR, the protection of environmentally sensitive areas, such as riparian habitat and other natural communities, is a key initiative of the General Plan.

However, this impact was still considered significant and unavoidable.

As discussed in Section 1.4.1.1 above, the proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development associated with the proposed density increase would be reviewed based on, among other things, the effect on any riparian habitat or other sensitive natural community as a part of the City’s development review process. In addition, all future residential development would be required to implement General Plan policies related to riparian habitat and other sensitive natural communities. Therefore, the proposed project would not lead to new or more severe impacts associated with riparian habitat or other sensitive natural community beyond those identified in the General Plan EIR.

1.4.1.3 State or Federally Protected Wetlands
As discussed in Section 1.4.1.1 above, the proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development associated with the proposed density increase would be reviewed based on, among other things, the effect on any State or federally protected wetlands as a part of the City’s development review process. In addition, all future residential development would be required to implement General Plan policies related to wetlands. Therefore, the proposed project would not lead to new or more severe impacts associated with State or federally protected wetlands beyond those identified in the General Plan EIR.

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1.4.1.4 Migratory Fish or Wildlife Species
The General Plan EIR determined that development proposed under the General Plan would largely be on land contiguous to existing development. In addition, as discussed in the General Plan EIR, policies within the General Plan strive to establish specific measures that the City would implement to protect and preserve wildlife corridors. As such, the General Plan EIR determined that with implementation of the General Plan policies, impacts would be less than significant.

As discussed in Section 1.4.1.1 above, the proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development associated with the proposed density increase would be reviewed based on, among other things, the effect on migratory fish or wildlife species as a part of the City’s development review process. In addition, all future residential development would be required to implement General Plan policies related to migratory fish and wildlife species. Therefore, the proposed project would not lead to new or more severe impacts associated with migratory fish or wildlife species beyond those identified in the General Plan EIR.

1.4.1.5 Conflict with Local Policies, Adopted Habitat Conservation Plan, or Natural Community Conservation Plan
As discussed in the General Plan EIR, the General Plan was developed to ensure coordination with all adopted plans. In addition, the General Plan EIR determined that future projects in accordance with the General Plan would address impacts to special status species in conformance with all applicable plans. Further, State and federal regulations would require adequate mitigation measures (e.g., selective preservation, replanting, sensitive site planning, etc.) for all development that will adversely impact significant biological resources. As such, this impact was considered less than significant.

The project itself does not include any physical development and no land use changes are proposed.

Future residential development associated with the proposed density increase would also be required to address impacts to special status species in conformance with all applicable plans and require adequate mitigation measures. As such, the proposed project would not lead to new or more severe impacts associated with any local policies or ordinances protecting biological resources beyond those identified in the General Plan EIR.

1.4.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.4.3 Applicable Policies
• LU-I-3: Amend the Urban Development Boundary (UDB) in order to guide growth through annexation and development, and the efficient extension of public services to new areas.

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• LU-I-5: Require contiguous development within the UDB unless it can be demonstrated that development of property which is contiguous to urban development is unavailable. • LU-I-17: Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible. • LU-I-23: Establish an incentive program that will provide for density and FAR bonuses for mixed use development that includes amenities for public benefit, such as workforce housing, pedestrian-oriented facilities (outdoor seating, plazas, weather protection, and transit waiting areas), historic preservation, cultural facilities, public art and water features, and open space preservation.
• LU-I-43: Require master planning using a specific plan [in the Resort Residential community]—as authorized by the Government Code—or a similar planning program (e.g. a PD Planned Development Plan).
• C-I-7: Require street tree planting as part of an urban forestry program. • OSC-I-3: Establish a secure funding source for open space acquisition and management. • OSC-I-4: Establish standards for the management and maintenance of open space within subdivisions, and require formation of open space acquisition and maintenance districts where necessary and appropriate, to protect open space resources. • OSC-I-6: Support the preservation of the Yaudanchi Ecological Preserve. • OSC-I-11: Support regional and sub-regional efforts to acquire, develop, and maintain, open space lands.
• OSC-I-12: Establish priorities for open space preservation and acquisition based on an evaluation of:
○ Significant natural areas that are historically, ecologically, or scientifically unique or are outstanding, important or threatened;
○ Wildlife habitats and fragile ecosystems in need of protection; ○ Watersheds or significant water recharge areas;
○ Lands suitable for recreation such as biking, photography or nature study; and ○ Land suitable for agricultural production.
• OSC-I-13: Preserve Rocky Hill as an open space resource through the establishment of a conservancy, Open Space District or other device.

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• OSC-I-26: Adopt habitat conservation regulations, including requirements and incentives to incorporate natural, wildlife habitat features into new development and public landscapes, parks, and other public facilities.
• OSC-I-27: Protect and enhance the natural habitat features of the Tule River and open space corridors within the Planning Area.
• OSC-I-28: Require protection of sensitive habitat areas and special status species in new development site designs in the following order: 1) avoidance; 2) onsite mitigation, 3) offsite mitigation, and 4) purchase of mitigation credits.
• OSC-I-29: Require assessments of biological resources prior to approval of any development within 300 feet of any creeks, sensitive habitat areas, or areas of potential sensitive status species.
• OSC-I-31: Require, as part of the proposed Tule River Corridor Plan, measures to protect and enhance riparian zones, natural areas and wildlife habitat qualities; and establish and maintain a buffer along the river where development shall not occur, except as part of the parkway enhancement (e.g., trails and bikeways).
• OSC-I-33: Protect, revitalize and expand Porterville’s urban forest through public education, sensitive regulation, and a long-term financial commitment that is adequate to protect this resource.
• OSC-I-34: Continue to require street tree planting in new development and support the City’s tree planting fund.
• OSC-I-35: Consult with all responsible agencies about wetland and vernal pool habitat potentially affected by development.
• OSC-I-36: Establish a “no net loss” policy for wetlands and vernal pools, including credits for land banking and off-site mitigation, and maintain a protection zone around wetlands, riparian corridors, and identified habitat areas where development shall not occur, except as part of a parkway enhancement program (e.g., trails and bikeways).

1.4.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to biological resources associated with the proposed project and mitigation is not required.

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1.5 CULTURAL RESOURCES
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c. Disturb any human remains, including those interred outside of formal cemeteries?

1.5.1 Discussion

1.5.1.1 Historic Resources
As discussed in the General Plan EIR, most of the City’s historic resources, including the four structures currently listed on the National Register of Historic Places and the California Register are located in proximity to the downtown Porterville area, near Main Street and Morton Avenue. The General Plan EIR found that downtown intensification could potentially threaten additional historic structures not yet registered or deemed eligible for the National Register of Historic Place, but which are sites of local importance. As such, the General Plan EIR determined that subsequent projectrelated demolition, damage, or alteration of historic buildings or structures or their immediate surroundings could impair the significance of a historic resource or adversely alter those physical characteristics of an historical resource that convey its historical significance. However, the General Plan EIR found that with compliance with General Plan policies, impacts would be less than significant.

The project area consists of all lands within the City designated RM-3. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development associated with the proposed density increase that would demolish or alter historic structures would be evaluated on an individual basis as part of the City’s development review process. Demolition or alteration of historic structures may either be denied or subject to further environmental review and evaluation, including mitigation. In addition, future residential development would also be required to comply with General Plan policies related to historic resources. Therefore, the proposed project would not lead to new or more severe impacts associated with historic resources beyond those identified in the General Plan EIR.

1.5.1.2 Archaeological Resources
As identified in the General Plan EIR, according to the Southern San Joaquin Valley Archaeological Information Center at California State University in Bakersfield, the Porterville Planning Area is considered extremely sensitive due to the number of recorded cultural resources. It can be assumed that there is a probability of uncovering and identifying additional archaeological deposits. Existing

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national, State and local laws as well as policies in the General Plan reduce these potential impacts on historic and archaeological resources to less than significant levels.

Future residential development associated with the proposed density increase would also be required to comply with national, State and local laws as well as policies in the General Plan pertaining to historic and archaeological resources. Therefore, potential impacts to archaeological resources would remain at a less-than-significant level. In addition, no physical development or land use changes are included in the proposed project. Therefore, the proposed project would not lead to new or more severe impacts to archaeological resources beyond those identified in the General Plan EIR.

1.5.1.3 Disturbance of Human Remains
As discussed in the General Plan EIR, all future development in the Planning Area would be in accordance with State laws pertaining to the discovery of human remains. Accordingly, if human remains of Native American origin are discovered during project construction, the developer and/or the Planning Department would be required to comply with State laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (PRC Sec. 5097). If any human remains are discovered or recognized in any location on the project site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
a. The Tulare County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and
b. If the remains are of Native American origin,
• The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98, or
• The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission.

Future residential development associated with the proposed density increase would also be required to comply with State laws pertaining to the discovery of human remains and the disposition of Native American burials. In addition, no physical development and no land use changes are proposed. Therefore, potential impacts to human remains would remain at a less-thansignificant level. Therefore, the proposed project would not lead to new or more severe impacts to human remains beyond those identified in the General Plan EIR.

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1.5.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.5.3 Applicable Policies
• LU -I-17: Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible. • LU-I-34: Utilize redevelopment, or other tools where available, to revitalize and preserve historic buildings.
• OSC-I-71: Update the City’s inventory of historic resources to determine sites or buildings of federal, State, or local historic significance.
• OSC-I-72: Develop agreement with Native American representatives for consultation in the cases where new development may result in disturbance to Native American sites. • OSC-I-73: Require that new development analyze and avoid any potential impacts to archaeological, paleontological, and historic resources by:
○ Requiring a records review for development proposed in areas that are considered archaeologically sensitive, including hillsides and near the Tule River; ○ Studying the potential effects of development and construction (as required by CEQA); ○ Developing, where appropriate, mitigation measures to minimize potential impacts; and ○ Implementing appropriate measures to avoid the identified impacts.

1.5.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to cultural resources associated with the proposed project and mitigation is not required.

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1.6 ENERGY
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?

1.6.1 Discussion

1.6.1.1 Result in Wasteful, Inefficient, or Unnecessary Consumption of Energy Resources As discussed in the General Plan EIR, buildout under the General Plan will increase the total demand for electrical energy in Porterville. The General Plan EIR also determined that on-going energy efficient building and appliance standards would achieve Statewide reductions. The General Plan EIR found that implementation of these standards and other State requirements at the local level will reduce projected electrical generation. However, the General Plan EIR found that the significance of this impact would be unknown.

No physical development and no land use changes are included in the proposed project. Future residential development associated with the proposed density increase would be constructed using energy efficient modern building materials and construction practices, in accordance with California Green Building Standards Code (CALGreen), California Public Utilities Commission’s (CPUC) Long Term Energy Efficiency Strategic Plan, and the Chapter 11 of the City’s Municipal Code, which contain the Green Building Ordinance and Energy Code, respectively. The new buildings also would use new modern appliances and equipment, in accordance with the 2006 Appliance Efficiency Regulations (Title 20, CCR Sections 1601 through 1608). Therefore, the proposed project would not result in the wasteful, inefficient, or unnecessary consumption of fuel or energy and would incorporate renewable energy or energy efficiency measures into building design, equipment use, and transportation. As such, impacts related to consumption of energy resources would be less than significant.

1.6.1.2 Conflict with or Obstruct a State or Local Plan for Renewable Energy or Energy Efficiency In 2002, the Legislature passed Senate Bill 1389, which required the California Energy Commission (CEC) to develop an integrated energy plan every two years for electricity, natural gas, and transportation fuels, for the California Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for zero emission (ZE) vehicles and their infrastructure needs, and encouragement of urban designs that reduce VMT and accommodate pedestrian and bicycle access.

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The CEC approved the 2020 Integrated Energy Policy Report in March 2021. 6 The 2020 Integrated
Energy Policy Report provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the State is to meet its climate, energy, air quality, and other environmental goals while maintaining energy reliability and controlling costs. The 2020 Integrated Energy Policy Report covers a broad range of topics, including implementation of Senate Bill 350, integrated resource planning, distributed energy resources, transportation electrification, solutions to increase resiliency in the electricity sector, energy efficiency, transportation electrification, barriers faced by disadvantaged communities, demand response, transmission and landscape-scale planning, the California Energy Demand Preliminary Forecast, the preliminary transportation energy demand forecast, renewable gas (in response to Senate Bill 1383), updates on California electricity reliability, natural gas outlook, and climate adaptation and resiliency.

As indicated above, no physical development and no land use changes are proposed. Future residential development associated with the proposed density increase would be constructed using energy efficient modern building materials and construction practices. As such, the proposed project would not conflict with California’s energy conservation plans as described in the CEC’s 2020 Integrated Energy Policy Report. Therefore, the proposed project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and there would be no impact.

1.6.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.6.3 Applicable Policies
• LU-I-16: Establish guidelines and incentives to promote green building techniques and materials in residential development.
• OSC-I-66: Adopt guidelines and incentives for using green building standards in new construction.
• OSC-I-67: Incorporate cost-effective energy conservation measures into all building programs owned by the City, including construction, operations and maintenance. • OSC-I-68: Publish best practices guide to saving energy on the City’s website and other City publications.
• OSC-I-69: Establish regulations to allow flexibility in site planning, solar orientation, roof design, and landscaping to decrease summer cooling and winter heating needs. • OSC-I-70: Ensure City codes allow for environmentally acceptable alternative forms of energy production and green building techniques.
6 California Energy Commission. 2020. 2020 Integrated Energy Policy Report. Docket No. 20-IEPR-01.

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1.6.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to energy associated with the proposed project and mitigation is not required.

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1.7 GEOLOGY AND SOILS
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction? iv. Landslides?
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating direct or indirect substantial risks to life or property?
e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

1.7.1 Discussion

1.7.1.1 Seismicity and Seismic Hazards
As identified in the General Plan EIR, no Alquist-Priolo Earthquake Fault Zones or known active faults are in or near Porterville, and as such, no impacts from fault-line surface rupture are anticipated. In addition, the General Plan EIR found that while Porterville is sufficiently far from known faults and consists primarily of a stable geologically formation, seismic hazards associated with ground shaking can occur. The General Plan EIR also found that land use type and intensity of development would be a factor that would affect the level of groundshaking exposure and that effects of groundshaking could range from displacement of small objects to major structural damage or collapse.

In addition, the General Plan EIR determined that landslides where steep slopes and highly erodible soils are present or rupture of underground utility lines could also occur and smaller landslides along gravel banks are also possible. As identified in the General Plan EIR, secondary effects, such as liquefaction and soil lurching, could also occur, and which could result in damage or injury.

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Further, the General Plan EIR found that portions of the Planning Area are identified as being in a liquefaction hazard zone and potentially unstable soils may exist in the groundwater-saturated alluvial deposits. Potentially unstable soils discovered during excavation are required by provisions of the Building Code to be removed and replaced, or otherwise treated to provide appropriate foundation support and to protect them from failures such as liquefaction.

The General Plan EIR found that adherence to the Seismic Zone 3 soil and foundation support parameters in Chapters 16 and 18 of the Uniform Building Code (UBC) and the grading requirements in Chapters 18 and A33 of the UBC, as required by City and State law, ensures the maximum practicable protection available from ground failure under static or dynamic conditions for structures and their associated trenches, temporary slopes and foundations. The California UBC has transitioned to the California Building Code (CBC), or Title 24 of the California Code of Regulations (CCR), which contains the regulations that govern the construction of buildings in California. These standards were first adopted in 1978 and are updated on an approximately 3-year cycle. All buildings for which an application for a building permit is submitted on or after January 1, 2020, must follow the 2019 standards. The next set of standards is anticipated for release in 2022.

The General Plan EIR found that Section 7-126 and 131 of the City’s Municipal Code requires preliminary soil reports and ensures that the effects of unstable soils would be addressed through corrective earthwork, grading, foundation design and construction techniques. Further, the General Plan EIR found that compliance with the UBC, the City’s Municipal Code, and General Plan policies would reduce impacts related to seismic groundshaking and ground failure to a less-than-significant level.

The project area consists of all lands within the City designated RM-3. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. The proposed project would not result in the exposure of people or new structures to the adverse effects associated with fault rupture, ground shaking, ground failure, liquefaction, or landslides. Future residential development associated with the proposed density increase that would result in the development of new structures within proximity to existing seismic hazards would be evaluated on an individual basis as part of the City’s development review process, which would require preparation of a site-specific geotechnical investigation. In addition, future residential development would be required to comply with the latest CBC standards, the City’s Municipal Code, and General Plan policies. As such, the proposed project would not lead to new or more severe impacts associated with seismicity and seismic hazards beyond those identified in the General Plan EIR.

1.7.1.2 Erosion/Loss of Top Soil
As discussed in the General Plan EIR, much of the Planning Area has soils with moderate to high erosion potential. Generally, areas most susceptible to soil erosion are hilly or have slopes greater than 15 percent. Lower flatlands are usually less likely to erode than those located on slopes.

Regardless, the General Plan EIR found that projects that include grading, earth moving, excavating or other construction activities would loosen soils within a construction site, which would make the soils more prone to erosion by wind or by stormwater runoff.

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As discussed in the General Plan EIR, one of the major effects of loss of topsoil is sedimentation in receiving waters, and as such, erosion control standards are set by the Regional Water Quality Control Board (RWQCB) through administration of the National Pollutant Discharge Elimination System (NPDES) permit process for storm drainage discharge. The NPDES permit requires implementation of non-point source control of stormwater runoff through the application of a number of Best Management Practices (BMPs). These BMPs are meant to reduce the amount of constituents, including eroded sediment, that enter streams and other water bodies. A Storm Water Pollution Prevention Plan (SWPPP), as required by the RWQCB, is required to describe the stormwater BMPs (structural and operational measures) that would control the quality (and quantity) of stormwater runoff. As discussed in the General Plan EIR, as part of the SWPPP, an Erosion Control Plan is required to be prepared for the project prior to the commencement of grading. In addition, as identified in the General Plan EIR, erosion control is required by the UBC, the City’s Municipal Code, and General Plan policies. The General Plan EIR found that compliance with the RWQCB, the UBC, the City’s Municipal Code, and General Plan policies would reduce impacts related to soil erosion to a level that is less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Therefore, the proposed project would not result in construction or earthmoving activities that could result in the soil erosion or the loss of topsoil. Future residential development that would result in ground disturbance such as grading and excavation on undeveloped sites would be evaluated on an individual basis as part of the City’s development review process. In addition, future residential development would be required to comply with the RWQCB, the CBC, the City’s Municipal Code, and General Plan policies. Therefore, the proposed project would not lead to new or more severe impacts associated with erosion or the loss of topsoil beyond those identified in the General Plan EIR.

1.7.1.3 Expansive Soils
As discussed in the General Plan EIR, most of the Planning Area, approximately 93 percent, is considered to have soils with moderate to high shrink-swell characteristics. Areas in Porterville with steeply sloping topography are highly susceptible to soil erosion - most notably occurring during construction and grading activities. The General Plan EIR found that compliance with the UBC, the CBC, and the City’s Municipal Code would ensure that building foundations and structural systems are designed to accommodate the underlying geologic and soil conditions, which would be determined by subsequent site-specific geotechnical investigations. As such, impacts were found to be less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Therefore, the proposed project would not result in construction or earthmoving activities that could result in adverse effects associated with expansive soils. Future residential development that would result in ground disturbance such as grading and excavation on undeveloped sites would be evaluated on an individual basis as part of the City’s development review process. In addition, future residential development would be required to comply with the CBC, the City’s Municipal Code, and General Plan policies. Therefore,

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the proposed project would not lead to new or more severe impacts associated with expansive soils beyond those identified in the General Plan EIR.

1.7.1.4 Septic Tanks/Wastewater Disposal
Implementation of the proposed project would not result in the need for new septic systems or alternative waste water disposal systems within areas known to have unstable soils. The proposed project would not result in new or more severe impacts related to septic tanks/wastewater disposal than were identified in the General Plan EIR.

1.7.1.5 Paleontological Resources
As discussed in the General Plan EIR, paleontological resources have been documented to occur in the Planning Area. There is the potential to encounter unidentified fossils during construction of new development. However, the General Plan EIR determined that since new development would be required to analyze and avoid any potential impacts on paleontological resources under CEQA review on a project-by-project basis and identify mitigation measures, the potential impacts on paleontological resources would be less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Therefore, the proposed project would not result in adverse changes to the significance of paleontological resources within the City. Future residential development that would result in ground disturbance such as grading and excavation within paleontologically sensitive areas would be evaluated on an individual basis as part of the City’s development review process. In addition, future residential development would be required to comply with General Plan policies related to paleontological resources. Therefore, the proposed project would not lead to new or more severe impacts associated with paleontological resources beyond those identified in the General Plan EIR.

1.7.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.7.3 Applicable Policies
• OSC-I-15: Preserve open space designated for public safety to minimize damage to people and property resulting from potential hazards. Such hazards include, but are not limited to: quaking, slope collapse, liquefaction, fire, earth sliding, flooding, erosion and siltation, soil compression, lateral spreading, and subsidence.
• OSC-I-21: Adopt soil conservation regulations to reduce erosion caused by overgrazing, plowing, mining, new roadways and paths, construction, and off-road vehicles. • OSC-I-22: Continue to require soils and geologic surveys for all proposed development in hillside areas.

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• OSC-I-23: Require adequate grading and replanting to minimize erosion and prevent slippage of manmade slopes.
• OSC-I-24: Require all mining and sand extraction operations to mitigate completely environmental impacts, including operations affecting water quality, habitat preservation, aesthetics and bridge undermining, and to submit reclamation and ultimate use plans for City approval prior to initiating operations.
• OSC-I-25: Work with Tulare County to ensure that reclamation and ultimate use plans for mining operations land are consistent with the General Plan.
• OSC-I-39: Adopt the Regional Water Quality Control Board’s policies on soil disturbance activities in order to minimize the disturbance of soil, vegetation, organic debris, and other materials that control runoff. These policies include:
○ Planning and conducting operations and activities in a manner that will not disturb extensive areas of soil or that will disrupt local drainage;
○ Promptly reseeding or stabilizing areas where soil is disturbed to prevent erosion; ○ Establishing restrictions on activities in water protection zones, designated by the U.S.

Forest Service and the California Department of Forestry and Fire Protection; ○ Stabilizing and maintaining the stream flow regimen and apply soil control measures in a timely manner;
○ Prohibiting organic or earthen material from being discharged into any streams or placed at locations where they can pass into streams in quantities that could impair any beneficial use of the water; and
○ Regulating operations and activities that cause increased turbidity levels in local streams so that streams are not affected for extended periods or for more than ten percent of the time and operations and activities shall not violate water quality objectives. • OSC-I-48: Protect groundwater recharge areas by carefully regulating the type of development within these areas.
• OSC-I-73: Require that new development analyze and avoid any potential impacts to archaeological, paleontological, and historic resources by:
○ Requiring a records review for development proposed in areas that are considered archaeologically sensitive, including hillsides and near the Tule River; ○ Studying the potential effects of development and construction (as required by CEQA); ○ Developing, where appropriate, mitigation measures to minimize potential impacts; and

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○ Implementing appropriate measures to avoid the identified impacts. • PHS-I-1: Amend the Zoning Ordinance to include provisions for a geologic hazards abatement district for hillside areas to ensure that geologic hazards are properly mitigated by developers or avoided prior to, or during, development.
• PHS-I-2: Maintain and enforce appropriate building standards and codes to avoid and/or reduce risks associated with geologic constraints and to ensure that all new construction is designed to meet current safety regulations.
• PHS-I-3: Provide information and incentives for property owners to rehabilitate existing buildings using construction techniques to protect against seismic hazards. • PHS-I-4: Support continued investigation by State agencies of geologic conditions within the City’s Planning Area to promote public awareness of potential geologic and seismic hazards. • PHS-I-5: Require, as part of the preliminary soil report, a construction dust management plan when it has been determined that soils contain naturally-occurring asbestos. • PHS-I-6: Require construction work on open routes be done when soil moisture is sufficient to adequately compact the tread and prevent visible dust, which may contain airborne asbestos emissions.

1.7.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to geology and soils associated with the proposed project and mitigation is not required.

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1.8 GREENHOUSE GAS EMISSIONS
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?

1.8.1 Discussion

1.8.1.1 Generation of Greenhouse Gas Emissions
Greenhouse gas emissions (GHGs) are present in the atmosphere naturally, and are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. However, over the last 200 years, human activities have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere, and enhancing the natural greenhouse effect, which is believed to be causing global climate change.

The gases that are widely seen as the principal contributors to human-induced global climate change are: carbon dioxide (CO2); methane (CH4); nitrous oxide (N2O); hydrofluorocarbons (HFCs); perfluorocarbons (PFCs); and sulfur hexafluoride (SF6).

Certain gases, such as water vapor, are short-lived in the atmosphere. Others remain in the atmosphere for significant periods of time, contributing to climate change in the long term. Water vapor is excluded from the list of GHGs above because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation. These gases vary considerably in terms of Global Warming Potential (GWP), which is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. GWP is based on several factors, including the relative effectiveness of a gas to absorb infrared radiation and the length of time that the gas remains in the atmosphere (“atmospheric lifetime”). The GWP of each gas is measured relative to CO2, the most abundant GHG; the definition of GWP for a particular GHG is the ratio of heat trapped by one unit mass of the GHG to the ratio of heat trapped by one unit mass of CO2 over a specified time period. GHG emissions are typically measured in terms of pounds or tons of “CO2 equivalents” (CO2e).

The General Plan EIR found that the primary sources of GHG emissions related to urban development in Porterville are anticipated to continue to be from the combustion of fossil fuels by motor vehicles and from electric power generation. Short-term impacts are also anticipated from construction activity that will occur during buildout under the General Plan. As identified in the General Plan EIR, in addition to promoting development patterns that will reduce the vehicles miles traveled (VMT) per capita, the General Plan includes a variety of other actions that can reduce emissions that contribute to climate change and global warming, including green building measures,

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tree planting, energy conservation in new construction, and energy management in public buildings.

However, the General Plan EIR found that the significance of this impact would be unknown.

The proposed project does not include any physical development and no land use changes are proposed. As no construction or demolition is proposed as part of the project, no short-term construction GHG emissions are anticipated as a result of project implementation. Long-term GHG emissions are associated with any change in permanent use of a project site by on-site stationary and off-site mobile sources that substantially increase emissions. Stationary-source emissions include emissions associated with electricity consumption and natural gas usage. Mobile-source emissions typically result from vehicle trips associated with a project. The proposed project does not propose any physical development; however, future residential development associated with the proposed density increase would generate vehicle trips, electricity consumption, and natural gas usage, which could contribute to the long-term GHG impacts identified in the General Plan EIR.

Future residential development associated with the proposed density increase would be evaluated on an individual basis as part of the City’s development review process for new construction, and may require subsequent analysis to evaluate the potential to result in substantial GHG emissions.

However, the proposed project itself would not itself result generate GHG emissions and would not lead to new or more severe GHG impacts beyond those identified in the General Plan EIR.

1.8.1.2 Consistency with Greenhouse Gas Reduction Plans The SJVAPCD has adopted a Climate Change Action Plan (CCAP), which includes suggested Best Performance Standards (BPS) for proposed development projects. As discussed above, the proposed project does not include any physical development and no land use changes are proposed. In addition, future residential development associated with the proposed density increase would be constructed using energy efficient modern building materials and construction practices, in accordance with CALGreen, CPUC Long Term Energy Efficiency Strategic Plan, and City standards.

New buildings also would use new modern appliances and equipment. Under these requirements, future development would use environmentally sustainable building materials, building designs that reduce the amount of energy used in building heating and cooling systems as compared to conventionally built structures, and landscaping that incorporates water efficient irrigation systems, all of which would conserve energy and reduce GHG emissions. Future residential development would also be required to comply with General Plan policies related to the reduction of GHG emissions. Therefore, the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs and would not lead to new or more severe GHG impacts beyond those identified in the General Plan EIR.

1.8.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.8.3 Applicable Policies
• LU-I-2: Require a mix of civic, retail and service-oriented uses in the commercial component of neighborhood centers.

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• LU-I-5: Require contiguous development within the UDB unless it can be demonstrated that development of property which is contiguous to urban development is unavailable. • LU-I-15: Adopt community design standards for new residential development. • LU-I-16: Establish guidelines and incentives to promote green building techniques and materials in residential development
• LU-I-20: Establish standards for pedestrian-oriented design in neighborhood centers. • C-I-3: Provide for greater street connectivity by:
○ Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development; ○ Encouraging roundabouts over signals, where feasible and appropriate; ○ Requiring the bicycle and pedestrian connections from cul-de-sacs to nearby public areas and main streets; and
○ Requiring new residential communities on undeveloped land planned for urban uses to provide stubs for future connections to the edge of the property line. Where stubs exist on adjacent properties, new streets within the development should connect to these stubs. • C-I-10: Require traffic impact studies for all General Plan amendments that will generate more than 100 peak hour trips.
• C-I-15: Situate transit stops and hubs at locations that are convenient for transit users, and promote increased transit ridership through the provision of shelters, benches, bike racks on buses, and other amenities.
• C-I-16: Ensure that new development is designed to make transit a viable choice for residents.

Design options include:
○ Have neighborhood focal points with sheltered bus stops; ○ Locate medium-high density development whenever feasible near streets served by transit; and
○ Link neighborhoods to bus stops by continuous sidewalks or pedestrian paths. • OSC-I-62: Be proactive in educating the public about the linkages between land use, transportation and air quality.
• OSC-I-64: Investigate replacing City vehicles with low-emission technology.

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• OSC-I-66: Adopt guidelines and incentives for using green building standards in new construction.
• OSC-I-67: Incorporate cost-effective energy conservation measures into all building programs owned by the City, including construction, operations and maintenance. • OSC-I-68: Publish best practices guide to saving energy on the City’s website and other City publications.
• OSC-I-69: Establish regulations to allow flexibility in site planning, solar orientation, roof design, and landscaping to decrease summer cooling and winter heating needs. • OSC-I-70: Ensure City codes allow for environmentally acceptable alternative forms of energy production and green building techniques.

1.8.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to greenhouse gas emissions associated with the proposed project and mitigation is not required.

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1.9 HAZARDS AND HAZARDOUS MATERIALS
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
g. Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires?

1.9.1 Discussion

1.9.1.1 Transport, Use, Storage, and Disposal of Hazardous Materials As discussed in the General Plan EIR, although a number of businesses within the Planning Area routinely store, handle and transport hazardous substances, the use of these hazardous materials is controlled and permitted by the City’s fire department which conducts Uniform Fire Code inspections of these facilities, regulates these facilities, and otherwise ensures that risks associated with the use of hazardous materials in the community area minimized.

In addition, the General Plan EIR found that any new hazardous materials transportation, use, and disposal would be subject to State and federal hazardous materials laws and regulation as the transport of hazardous materials is regulated by the U.S. Department of Transportation. The General Plan EIR also found that hazardous materials use, storage, and disposal would be subject to hazardous materials programs administered by Tulare County Environmental Health Division (TCEHD) and regulatory programs such as the Hazardous Materials Business Plan, aboveground and under-ground storage tank programs, and Resource Conservation and Recovery Act (RCRA) hazardous waste generator programs. In addition, the General Plan EIR found that hazardous

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materials policies contained in the General Plan would further ensure appropriate siting of uses, soils testing to identify contaminated sites, while also increasing public awareness of the proper use, storage, and disposal of hazardous materials and ways to reduce or eliminate the use of hazardous materials. As such, the General Plan EIR found that implementation of the General Plan would not cause an adverse effect on the environment with respect to the use, storage, or disposal of general household and commercial hazardous substances generated from future development or uses and impacts were found to be less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties, but does not include any physical development and no land use changes are proposed. Residential uses would not involve transport, use, or disposal of significant quantities of hazardous materials. Small quantities of hazardous materials, such as paints and cleaning chemicals, may be used for routine maintenance. In addition, any future residential development associated with the proposed density increase would also be required to comply with all applicable federal, State, and local regulations; therefore, the proposed project would not result in new or more severe impacts related to the transport, use, storage, and disposal of hazardous materials than were identified in the General Plan EIR.

1.9.1.2 Release of Hazardous Materials and Risk of Upset There are two main ways that the public and/or the environment could be affected by the release of hazardous materials from individual development sites, including: (1) exposing workers and/or the public to potentially contaminated soil and groundwater during construction and/or operation of the project; or (2) exposing workers and/or the public to hazardous building materials (e.g., lead paint, asbestos) during demolition of existing structures. However, implementation of the project would not result demolition activities or any other physical improvements.

As described above, residential uses could result in small quantities of commonly-used hazardous materials. Improper use, storage, or handling could result in a release of hazardous materials into the environment, which could pose a risk to construction workers and the public. In addition, any future residential development associated with the proposed density increase would also be required to comply with all applicable federal, State, and local regulations. Therefore, the proposed project would not result in new or more severe impacts related to the release of hazardous materials and risk of upset than were identified in the General Plan EIR.

1.9.1.3 Emission of Hazardous Materials within 0.25 miles of a School As identified in the General Plan EIR, all future development would be required to comply with Education Code Section 17213 and all other applicable federal, State, and local regulations concerning any facilities having hazardous or acutely hazardous air emissions within 0.25 miles of a proposed school site as required by CEQA Statutes Section 21151.4. The General Plan EIR found that compliance with applicable regulations would ensure that schools are not exposed to hazardous emissions or materials associated with development under the General Plan. Impacts were found to be less than significant.

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Future residential development associated with the proposed density increase would also be required to comply with Education Code Section 17213 and all other applicable federal, State, and local regulations concerning any facilities having hazardous or acutely hazardous air emissions within 0.25 miles of a proposed school site. Therefore, the proposed project would not result in new or more severe impacts related to the emission of hazardous materials within 0.25 miles of a school than were identified in the General Plan EIR.

1.9.1.4 Hazardous Materials Site Pursuant to Government Code Section 65962.5 As discussed in the General Plan EIR, General Plan policies would minimize impacts associated with hazardous materials concerns including the required remediation of contaminated sites and the establishment of buffering requirements to minimize potential exposure to hazardous materials. As such, the General Plan EIR found that compliance with General Plan policies and all other applicable local, State, and federal safety standards would reduce potential exposure of people and the environment to hazardous materials associated with development on impacted properties or demolition of older structures to a less-than-significant level.

The proposed project itself does not include any physical development and no land use changes are proposed. All future residential development would be evaluated on an individual basis as part of the City’s development review process, and may require subsequent analysis and possibly mitigation to ensure that residential uses would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. In addition, future development would also be required to comply with General Plan policies and all other applicable local, State, and federal safety standards. Therefore, the proposed project would not result in new or more severe impacts related to hazardous materials site pursuant to Government Code section 65962.5 than were identified in the General Plan EIR.

1.9.1.5 Aviation Hazards
As identified in the General Plan EIR, the Porterville Municipal Airport is located in the southwestern portion of the Planning Area. The General Plan EIR found that within the Airport’s outer approach/departure approach zones, it is desirable to have low intensity industrial and warehouse uses, with retail commercial limited to auto dealerships and small retail establishments according to the Porterville Municipal Airport Master Plan Report (1990). The Land Use Element of the General Plan designates the areas surrounding the airport and under the flight pattern for Agricultural, Industrial, and Recreation Open Space uses to minimize the risk of aircraft over-flight incidents and human endangerment. In addition, as discussed in the General Plan, the City will review all development proposals in the Planning Area to ensure that future development conforms to the land use compatibility criteria in the Master Plan and to the development standards of the Airport Developed/Safety Overlay in the City Zoning Ordinances. As such, the General Plan EIR found that since all proposed development would be required to comply with the General Plan and the Comprehensive Airport Land Use Plan, impacts would be less than significant.

The proposed density increase would not result in any physical improvements and no land use changes are proposed. Therefore, the proposed project would not result in new construction within the vicinity of an airport. Future residential development would also be evaluated on an individual

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basis as part of the City’s development review process to ensure that future development conforms to the land use compatibility criteria in the Master Plan and to the development standards of the Airport Developed/Safety Overlay in the City Zoning Ordinances. As such, the proposed project would not result in a safety hazard for people residing or working in the area due to the proximity of an airport. Therefore, the proposed project would not result in new or more severe impacts related to aviation hazards than were identified in the General Plan EIR.

1.9.1.6 Emergency Response or Evacuation Plan
As discussed in the General Plan EIR, implementation of the General Plan would increase the current number of vehicle trips and miles of vehicular travel, which would result in several local roadway facilities experiencing deterioration in their level of service. However, the General Plan EIR found that with the planned roadway improvements under the General Plan, these levels are anticipated to remain at an acceptable level of service standard. In addition, the General Plan EIR found that General Plan policies would address traffic impacts, conformance with local emergency response programs, and continued cooperation with emergency response service, and would ensure that all applicable disaster plans are updated regularly and a coordinated emergency response system is maintained with other agencies. As such, the General Plan EIR found that implementation of the General Plan would not physically impede the response times of emergency response vehicles or delay implementation of an evacuation plan, and less than significant impacts would occur.

Implementation of the proposed density increase does not include any physical development or land use changes and would not alter roadways; therefore, it would not impair the function of nearby emergency evacuation routes. In addition, future residential development would also be required to comply with General Plan policies related to traffic impacts, conformance with local emergency response programs, and cooperation with emergency response service. Therefore, the proposed project would not result in new or more severe impacts related to emergency response or evacuation plans than were identified in the General Plan EIR.

1.9.1.7 Wild Fire
The General Plan EIR found that wildland fires would continue to pose a significant threat to the people and structures within the Planning Area. Although the central portions of Porterville are highly urbanized, portions of the Planning Area outside the urban core are more susceptible to wildland fires due to potential fuel loads (grassland and other vegetation). As discussed in the General Plan, compliance with General Plan policies would reduce potential exposure of people and development to wildland fires to a less-than-significant level.

Implementation of the proposed density increase does not include any physical development or land use changes and would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. In addition, future residential development would be required to comply with General Plan policies related to wildfire. As such, the proposed project would not result in new or more severe impacts related to wild fire than were identified in the General Plan EIR.

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1.9.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.9.3 Applicable Policies
• PHS-I-13: Maintain automatic and/or mutual aid agreements with surrounding jurisdictions for fire protection.
• PHS-I-14: Enforce weed abatement programs and building and fire code requirements to assure adequate fire protection.
• PHS-I-15: Develop and expand existing public fire safety and emergency life support education programs in order to promote public awareness of fire hazards and emergency procedures. • PHS-I-16: Establish fire hazard standards and review procedures at least equivalent to State requirements to protect new development on or adjacent to the hillsides. • PHS-I-17: Require remediation and cleanup of sites contaminated with hazardous substances. • PHS-I-18: Adopt a Household Hazardous Waste Program and support the proper disposal of hazardous household waste and waste oil; encourage citizens and crime watch organizations to report unlawful dumping of hazardous materials.
• PHS-I-19: Ensure that all specified hazardous facilities conform to the Tulare County Hazardous Waste Management Plan.
• PHS-I-20: Prohibit specified hazardous waste residual repositories and onsite facilities utilizing incineration methods unless the facility demonstrates that it will produce insignificant levels of emissions.
• PHS-I-21: Coordinate enforcement of the Hazardous Material Disclosure Law and the implementation of the Hazardous Material Emergency Response Plan with the Tulare County Health and Human Service Agency.
• PHS-I-22: Coordinate with the Tulare County Department of Environmental Health, and other appropriate regulatory agencies during the review process of all proposals for the use of hazardous materials or those involving properties that may have toxic contamination such as petroleum hydrocarbons, CAM 17 metals, asbestos, and lead. • PHS-I-23: Require applicants of projects in areas of known or suspected hazardous materials occurrences such as petroleum hydrocarbon contamination, CAM 17 metals, USTs, location of asbestos rocks and other such contamination to perform comprehensive soil and groundwater contamination assessments in accordance with regulatory agency testing standards, and if contamination exceeds regulatory action levels, require the project applicant to undertake

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remediation procedures prior to grading and development under the supervision of appropriate agencies such as Tulare County Department of Environmental Heath, Department of Toxic Substances Control, or Regional Water Quality Control Board. • PHS-I-24: Provide cost effective fire, police, and emergency medical service within the City to minimize potential injury, loss and/or destruction to persons or property. • PHS-I-25: Maintain the City’s Class 3 ISO rating, or better, for fire protection. • PHS-I-27: Continually assess the adequacy of current funding programs for police, fire and paramedic services and investigate new funding sources. • PHS-I-28: Ensure that new development incorporates safety concerns into the site, circulation, building design and landscaping plans.
• PHS-I-29: Maintain and periodically update the City’s Emergency Management Plan. • PHS-I-30: Initiate periodic public information programs that explain the City’s emergency preparedness programs and evacuation routes and encourage each household to be selfsufficient for 72 hours after a manmade or natural disaster. • PHS-I-31: Maintain multi-jurisdictional communication systems and cooperation for emergency training, planning and management.
• PHS-I-32: Work with owners and operators of critical use facilities to ensure that they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster.
• C-I-3 Provide for greater street connectivity by:
○ Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development; ○ Encouraging roundabouts over signals, where feasible and appropriate; ○ Requiring the bicycle and pedestrian connections from cul-de-sacs to nearby public areas and main streets; and
○ Requiring new residential communities on undeveloped land planned for urban uses to provide stubs for future connections to the edge of the property line. Where stubs exist on adjacent properties, new streets within the development should connect to these stubs. • C-I-28: Designate specific truck routes to provide for the safe movement of goods and hazardous materials throughout the City, ensure that adequate pavement depth, lane widths, and turn radii are maintained on the designated truck routes, and prohibit commercial trucks from nontruck routes except for deliveries.

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• C-I-35: Ensure that the land uses in the Airport environs are consistent with the Tulare County Comprehensive Airport Land Use Plan in order to protect the safety of persons and property. ○ Ensure no new schools and other noise sensitive uses are built within 4,000 feet of the Airport Clear Zone.
○ Ensure that any non-residential uses are not subject to aircraft hazards based on specific criteria developed to evaluate safety risks.
○ Limit residential parcels within the Airport Outer Approach/Departure Zone to at least 5- acres in size.
• LU-I-13: Discourage residential development within the Airport Safety Zone. If residential development is approved in the County within the Airport Safety Zone, it must comply with Tulare County Airport Land Use Commission’s land-use compatibility standards and density restrictions.
• LU-I-25: Establish buffering requirements and performance standards intended to minimize harmful effects of excessive noise, light, glare, and other adverse environmental impacts. • N-I-9: Work with the Tulare County Airport Land Use Commission (ALUC) to prepare an Airport Land Use Compatibility Plan and updated airport noise contours, consistent with the new airport layout plan.
• N-I-10: Require the disclosure of the noise environment to prospective homebuyers where noise levels exceed “normally acceptable” standards.

1.9.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to hazards and hazardous materials associated with the proposed project and mitigation is not required.

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1.10 HYDROLOGY AND WATER QUALITY
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater?
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater management
of the basin?
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would result in substantial erosion or siltation on- or off-site?
i. result in substantial erosion or siltation on- or off-site; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor offsite; iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff; or
iv. impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?

1.10.1 Discussion

1.10.1.1 Water Quality Standards
As discussed in the General Plan EIR, implementation of the General Plan would accommodate a substantial increase in population, which would increase the quantity of wastewater generated and increase the need for effluent disposal. Additionally, the General Plan EIR determined that stormwater runoff from new urban areas contains a variety of organic and inorganic substances that may reduce the quality of groundwater resources when introduced into groundwater aquifers. As such, the General Plan EIR found that future development under the General Plan has the potential to increase the levels of pollutants in local and regional groundwater reserves and/or surface water and could result in the deterioration of the quality of water in Porterville and could contribute to groundwater quality degradation and/or contamination within the Planning Area. However, the General Plan EIR determined that implementation of General Plan policies would ensure water quality impacts would be less than significant.

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development or land use changes; however, future residential development associated with the proposed density increase could contribute to the groundwater quality degradation and/or contamination identified in the General Plan EIR. Future residential development would be evaluated on an individual basis as part of the City’s development review process and would be required to comply with General Plan policies related to water quality. Therefore, the proposed project would not result in new or more severe impacts related to water quality than were identified in the General Plan EIR.

1.10.1.2 Deplete Groundwater Supplies
As discussed in the General Plan EIR, groundwater recharge occurs through precipitation, excess irrigation, incidental percolation from unlined irrigation canals and streams, and recharge of offseason imported water in recharge ponds managed by water agencies. Increased development reduces the amount of permeable surfaces suitable for recharge, increases runoff and the subsequent flow of water in streams, and increases the amount of oil and grease and other nonpoint source pollutants that enter streambeds and other recharge areas.

The General Plan EIR determined that the groundwater basin within the Planning Area stores water to meet seasonal and drought year demand and that with a typical groundwater recharge program, groundwater is artificially replenished in wet years with surplus imported water. Water is withdrawn from groundwater reserves during periods of drought or during emergency situations. Groundwater recharge programs may utilize reclaimed water during recharge activities. Groundwater recharge programs enhance a region's ability to meet water demand during years of short supply and increase the reliability of local water supplies. The General Plan EIR determined that implementation of General Plan policies would ensure impacts would be less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development would be evaluated on an individual basis as part of the City’s development review process and would be required to comply with General Plan policies related to water supply. Therefore, the proposed project would not result in new or more severe impacts related to water supply than were identified in the General Plan EIR.

1.10.1.3 Drainage Pattern and Surface Run-off
The General Plan EIR found that increased urban development under the General Plan would be accompanied by decreases in natural ground cover and an increase in impervious surfaces (such as paved areas and buildings). Increasing the area of imperious surface reduces the amount of rain that can be absorbed by the land and increases stormwater runoff, as well as decreasing groundwater recharge. The General Plan EIR also found that development may also cause erosion, such as when ground is cleared for construction, resulting in the siltation of creeks and reduction of their capacity to accommodate stormwater flows.

As discussed in the General Plan EIR, while no structures are proposed within a waterway which would impede or restrict floodwaters, new development may occur in the 100-year and 500-year

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floodplains. As identified on the General Plan Land Use Diagram, there are about 1,500 acres to be developed within the 100-year floodplain of which more than 60 percent is designated for residential uses. There are approximately 1,600 additional acres within the 500-year floodplain of which more than 75 percent is designated for residential uses. However, the General Plan EIR determined that implementation of General Plan policies would ensure impacts would be less than significant.

The project area consists of all lands within the City designated RM-3 sites. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development that would be located in floodplains or would result in the development of new structures or alteration of existing drainage conditions would be evaluated on an individual basis as part of the City’s development review process.

Therefore, the proposed project would not result in new or more severe impacts related to drainage pattern and surface run-off than were identified in the General Plan EIR.

1.10.1.4 Flood Hazard, Tsunami, or Seiche Zones
As indicated above, while no structures are proposed within a waterway which would impede or restrict floodwaters, new development may occur in the 100-year and 500-year floodplains. As identified on the General Plan Land Use Diagram, there are about 1,500 acres to be developed within the 100-year floodplain of which more than 60 percent is designated for residential uses.

There are approximately 1,600 additional acres within the 500-year floodplain of which more than 75 percent is designated for residential uses. However, the General Plan EIR determined that implementation of General Plan policies would ensure impacts would be less than significant.

The project area consists of all lands within the City designated RM-3 sites. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM3 properties; however, the project itself does not include any physical development and no land use changes are proposed. Future residential development would be required to comply with applicable General Plan policies. In addition, the City is not located adjacent to an enclosed body of water, and would not face the risk of inundation from seiche. Additionally, the City is not located adjacent to any coastline, and therefore would not face the risk of inundation from a tsunami. Therefore, the proposed project would not result in new or more severe impacts related to flood hazard, tsunami, or seiche zones than were identified in the General Plan EIR.

1.10.1.5 Conflict with Water Quality Control Plan or Sustainable Groundwater Management Plan As identified in the General Plan EIR, implementation of the General Plan would increase demand for water services to a degree that exceeds the limits of existing sources of water. The General Plan EIR found that even with implementation of water conservation practices, the City would have to add water supplies as it grows. The General Plan EIR also found that future demand can be met with continued groundwater pumping, surface water purchases and conservation measures. However, the General Plan EIR found that groundwater alone cannot meet the long term need.

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The General Plan EIR indicated that impacts from continued groundwater pumping on groundwater levels, changes in direction of groundwater flow, and groundwater quality are not known, and could only be determined through an extensive groundwater study. The General Plan EIR found that due to the unreliable nature of surface water and the possibility of multi-year droughts, well capacities would need to have sufficient capacity to meet almost 100 percent of City demands. In addition, the General Plan EIR found that during a multiple year drought, the City would have to rely solely on groundwater. The General Plan EIR also found that the City installs new wells at a rate necessary to keep up with demands.

In addition, as discussed in the General Plan EIR, surface water purchases and water conservation measures would be used to meet remaining demands. Surface water can also be used to recharge the aquifer. The General Plan EIR found that the City owns stormwater detention basins, which allow for incidental groundwater recharge and that the City would consider additional water detention basins for both stormwater detention and groundwater recharge. The General Plan EIR determined that implementation of General Plan policies would mitigate impacts on groundwater recharge to a less-than-significant level.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. The proposed project does not propose any physical changes; however, future residential development associated with the proposed density increase would contribute to the demand for water services identified in the General Plan EIR. Future residential development would be evaluated on an individual basis as part of the City’s development review process and would be required to comply with General Plan policies related to groundwater recharge. Therefore, the proposed project would not result in new or more severe impacts related to groundwater supplies than were identified in the General Plan EIR.

1.10.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.10.3 Applicable Policies
• PU-I-1: Adopt and maintain an Urban Water Management Plan consistent with the California Water Code.
• PU-I-2: Update and implement a Water System Master Plan. • PU-I-3: Periodically review and update development impact fees, water connection charges, and monthly service charges to ensure that adequate funds are collected to operate and maintain existing facilities and to construct new facilities.
• PU-I-4: Support efforts to expand surface water supply and storage that benefits the City. These efforts will include water banking and treatment.

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• PU-I-5: Require that necessary water supply infrastructure and storage facilities are in place coincident with new development, and approve development plans only when a dependable and adequate water supply to serve the development is assured. • PU-I-6: Cooperate with surrounding water management and irrigation districts in a comprehensive water management and recharge program with the long-term goal of stabilizing the groundwater basin.
• PU-I-7: Continue to require water meters in all new development. • PU-I-8: Require that agricultural water rights be assigned to the City when agricultural land is annexed to the City for urban development, consistent with this General Plan. • PU-I-9: Work cooperatively toward a program of conjunctive surface water use with local water purveyors and irrigation districts to retain surface water rights and supply following annexation and urban development so as to protect against aquifer overdrafts and water quality degradation.
• PU-I-10: Encourage private sector use of alternative water sources to achieve a water balance, including reclaimed water for irrigation and landscaping purposes. • PU-I-11: Promote the continued use of surface water for agriculture to reduce groundwater table reductions.
• PU-I-12 Establish a comprehensive program for water conservation. • PU-I-13: Undertake a program to retrofit public buildings with water conservation features. • PU-I-14 Update and implement the Sewer System Master Plan. • PU-I-15: Acquire adequate land to be used for reclamation purposes. • PU-I-16: Periodically review and update development impact fees, wastewater connection charges, and monthly service charges to ensure that adequate funds are collected to operate and maintain existing facilities and to construct new facilities. • PU-I-17: In partnership with County, State and federal agencies, work to prevent illegal wastewater disposal or chemical disposal practices.
• PU-I-18: Update and implement the Storm Drain Master Plan. • PU-I-19: Require new development to provide storm drainage facilities and/or pay a storm drainage impact fee, consistent with the Storm Drain Master Plan.

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• PHS-I-7: Coordinate with the U.S. Army Corps of Engineers, the County and local irrigation districts on potential flooding risks, including risks associated with dam failure. • PHS-I-8: Implement appropriate flood control measures to assure the safety of residents, while emphasizing maintenance of natural wildlife habitats and vegetation. • PHS-I-9: Require new development to provide for the perpetual funding and ongoing maintenance of detention reservoirs.
• PHS-I-10: Continue to require any new development in the floodway to obtain a permit from the California Reclamation Board and enforce the Flood Damage Prevention Ordinance. • PHS-I-11: Coordinate with appropriate agencies to ensure that new bridges are constructed according to acceptable standards and maintained to avoid flood damage. • PHS-I-12: Continue to participate in the National Flood Insurance Program and encourage all property owners within flood hazard areas to carry flood insurance. • OSC-I-12: Establish priorities for open space preservation and acquisition based on an evaluation of:
○ Significant natural areas that are historically, ecologically, or scientifically unique or are outstanding, important or threatened;
○ Wildlife habitats and fragile ecosystems in need of protection; ○ Watersheds or significant water recharge areas;
○ Lands suitable for recreation such as biking, photography or nature study. ○ Land suitable for agricultural production.
• OSC-I-37: Establish watershed protection standards and review procedures in the Zoning Ordinance to protect groundwater resources.
• OSC-I-38: Continue to work with the Central Valley Regional Water Quality Control Board (RWQCB) for short- and long-term solutions for excessive salts in the groundwater, and maintain a valid RWQCB permit for all wastewater treatment operations. • OSC-I-39: Adopt the Regional Water Quality Control Board’s policies on soil disturbance activities in order to minimize the disturbance of soil, vegetation, organic debris, and other materials that control runoff.
• OSC-I-40: Support the identification of degraded surface water and groundwater resources and promote restoration where appropriate.

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• OSC-I-41: Monitor and enforce provisions to control non-point source water pollution, including storm water flows, contained in the United States Environmental Protection Agency NPDES program as implemented by the Regional Water Quality Control Board. • OSC-I-42: Support the collection of monitoring data for facilities or uses that are potential sources of groundwater pollution as part of project approvals, including residential and industrial development.
• OSC-I-43: Work with agricultural and industrial uses to ensure that water contamination and waste products are handled in a manner that protects the long-term viability of water resources. • OSC-I-44: Work with the Regional Water Quality Control Board to ensure that all point source pollutants are adequately mitigated (as part of the CEQA review and project approval process) and monitored to ensure long-term compliance.
• OSC-I-45: Continue to require use of feasible and practical best management practices (BMPs) and other mitigation measures designed to protect surface water and groundwater from the adverse effects of construction activities and urban runoff in coordination with the Regional Water Quality Control Board.
• OSC-I-46: Adopt water well standards meeting the requirements of the State with Department of Water Resources.
• OSC-I-47: Prepare a Groundwater Management Plan and develop groundwater monitoring programs with federal, state, and local agencies and the private sector to improve local groundwater pollution detection and monitoring.
• OSC-I-48: Protect groundwater recharge areas by carefully regulating the type of development within these areas.
• OSC-I-49: Promote the combined use of recharge areas, public recreation, wetland mitigation programs and/or banking, as part of the City’s open space or recreational trail system to the extent deemed feasible by good engineering or geotechnical practice. • OSC-I-50: Do not allow new septic systems within the City unless wastewater collection facilities are unavailable and the applicant agrees to connect when permanent facilities are constructed. • OSC-I-51: Prior to the approval of individual projects, require the City Engineer and/or Building Official to verify that the provisions of applicable point source pollution programs have been satisfied.
• OSC-I-52: Establish requirements for appropriate Best Management Practices to be implemented during construction efforts to control the discharge of pollutants, prevent sewage spills, and avoid discharge of sediments into streets, storm-water conveyance channels, or waterways.

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• OSC-I-53: Require development to retain areas of open space as natural or landscaped to aid in the recharge and retention of runoff.
• OSC-I-54: Support efforts to create additional water storage where needed, in cooperation with Federal, State, and local water authorities. Additionally, support and/or engage in water banking in conjunction with these agencies where appropriate.
• OSC-I-55: Participate in the development, implementation, and maintenance of a program to institute recharge aquifers underlying the Planning Area. The program shall make use of flood and other waters to offset existing and future groundwater pumping. • OSC-I-56: Incorporate natural drainage systems and groundwater recharge features into developments where appropriate and feasible.
• OSC-I-57: Update the emergency water conservation plan to include appropriate conservation policies that can be implemented during times of water shortages caused by drought, loss of one or more major sources of supply, contamination of one of more sources of supply, or other natural or manmade events.

1.10.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to hydrology and water quality associated with the proposed project and mitigation is not required.

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1.11 LAND USE AND PLANNING
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Physically divide an established community?
b. Cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an
environmental effect?

1.11.1 Discussion

1.11.1.1 Divide an Established Community
Projects that have the potential to physically divide an established community include projects such as new freeways and highways, major arterials, streets, and railroad lines. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM3 properties; however, the project itself does not include any physical changes or new construction that would result in the physical division of an established community. In addition, no land use changes are proposed. Future residential development would be evaluated on an individual basis as part of the City’s development review process. In addition, future residential development would be required to comply with applicable General Plan policies. As such, the proposed project would not result in new or more severe impacts related to dividing an established community than were identified in the General Plan EIR.

1.11.1.2 Conformance with Land Use Plans
As discussed in the General Plan EIR, the intent of the General Plan is to create land use patterns without imposing a nuisance, hazards, or unhealthy conditions upon adjacent uses. As such, the General Plan EIR found that implementation of the General Plan would create better connections between neighborhoods and commercial centers with new roads and bridges, and therefore, would not create a land use pattern that physically divides an established community. In addition, the General Plan EIR found that the General Plan would be consistent with existing land use policies and regulations and uses within development areas are expected to be compatible with one another because General Plan policies establish requirements for compatible development. Therefore, impacts were found to be less than significant.

It should be noted that according to CEQA, policy conflicts do not, in and of themselves, constitute a significant environmental impact. Policy conflicts are considered to be environmental impacts only when they would result in direct physical impacts or where those conflicts relate to avoiding or mitigating environmental impacts. As such, associated physical environmental impacts were addressed under specific topical sections (e.g., cultural resources, hazardous materials, noise, etc.) in the General Plan EIR. The General Plan EIR determined that implementation of the General Plan would not result in any direct physical impacts that could not be mitigated to a less-than-significant level.

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The proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance to increase the density of High Density Residential (RM-3) to

30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. All other requirements of the RM-3, including lot sizes and use classifications would remain. No land use changes are proposed.

As described throughout this document, no new construction or physical changes are included as part of the project. Future development would be evaluated as part of the City’s development review process and would be subject to further environmental review and/or discretionary actions, depending on the nature of the proposed project. Future projects would be subject to the City’s standard conditions of approval for all development projects and could be subject to additional conditions and/or mitigation measures (in the event that further environmental review is required) to ensure that any future development would not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare.

Therefore, the proposed project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. This impact would be less than significant. As such, the proposed project would not result in new or more severe impacts related to conformance with land use plans than were identified in the General Plan EIR.

1.11.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.11.3 Applicable Policies
• LU-I-1: Amend the Zoning Ordinance to include use regulations, development standards, and minimum performance requirements for zoning districts as needed to implement the General Plan.
• LU-I-6: Adopt, and maintain in place, a development mitigation program to ensure that all new growth is paying its share of the costs associated with that growth. This program will include two components:
○ Local Mitigation Program: The local development fee program will establish fees, exactions, assessments or other mitigation measures to fund streets and other city-owned facilities.

Revenue provided from this program shall not be used to replace private developer funding of any required improvements that have or would have been committed to any project. ○ Regional Mitigation Program: The regional development fee program will establish fees, exactions, assessments or other mitigation measures to fund State highway and other regional transportation improvements needed to mitigate the impacts of planned development under the General Plan. Regional development impact fees may be established under this program that would apply to all new development in the City, unless exempt.

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• LU-I-7: Use other funding mechanisms to augment developer and/or mitigation fees, when and where appropriate.
• LU-I-8: Approve development projects only after making findings that one or more of the following conditions are met:
○ No General Fund revenue will be used to replace developer funding that has or would have been committed to any other public project;
○ The development project will fully fund all public facilities and infrastructure, including streets, water, sewer and storm drainage systems, parks and public safety facilities and equipment, as necessary to directly mitigate the impact of the new development; and ○ The development project will pay impact fees for public facilities and infrastructure improvements in proportion to the development’s impacts, as per the approved master plans.
• LU-I-9: Establish a comprehensive design review process for multi-family housing, commercial and industrial development with an appropriate level of review based on project type and size. • LU-I-10: Amend the Zoning and Subdivision Ordinances to include:
○ Minimum lot sizes and densities consistent with the Plan’s land use classifications; ○ Development standards that permit townhouses and zero-lot line attached or detached single-family dwellings on sites designated for low-medium, medium, or medium-high densities;
○ Development standards that permit second units, small family daycares, and residential care homes in neighborhoods in accord with State law; and
○ Sustainable design standards that will achieve compact, walkable neighborhoods and provide an interconnected network of local streets.
• LU-I-11: Only allow gated communities in very low density, planned development areas, and Resort Residential areas.
• LU-I-12: Require residential development on slopes over six percent to comply with the Hillside Development Ordinance.
• LU-I-13: Discourage residential development within the Airport Safety Zone. If residential development is approved in the County within the Airport Safety Zone, it must comply with Tulare County Airport Land Use Commission’s land-use compatibility standards and density restrictions.

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• LU-I-14: Allow residential developments to employ creative site design, landscaping, and architectural quality that blend with the characteristics of each location and its surroundings and offer superior design solutions.
• LU-I-15: Adopt community design standards for new residential development. • LU-I-16: Establish guidelines and incentives to promote green building techniques and materials in residential development.
• LU-I-17: Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible. • LU-I-18: Protect existing residential neighborhoods from the encroachment of incompatible activities and land uses, and environmental hazards.
• LU-I-19: Enforce zoning and development regulations through project review, construction inspections, and code enforcement, with fees to enable full-cost recovery for providing these services.

1.11.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to land use associated with the proposed project and mitigation is not required.

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1.12 MINERAL RESOURCES
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

1.12.1 Discussion
As discussed in the General Plan EIR, there are three active construction grade sand and gravel mining sites and additional aggregate resources in the Planning Area, all of which are along the Tule River. However, General Plan EIR found that the lands immediately adjacent would be protected by State and federal regulations, and are designated as parks or conservation areas and would not be subject to future urban development. As such, the General Plan EIR found that implementation of the General Plan would not preclude mining activities at the three active mines nor would it result in the loss of availability of a significant mineral resource. In addition, as discussed in the General Plan EIR, Both the City and the County have adopted Surface Mining and Reclamation Act (SMARA) regulations governing the extraction of mineral resources and eventual reclamation of mining operations. The General Plan EIR found that continued implementation of these regulations would ensure that no significant impact to mineral resources would occur.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development. The proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State. The proposed project would have no impact related to mineral resources. As such, the proposed project would not lead to new or more severe impacts associated with mineral resources beyond those identified in the General Plan EIR.

1.12.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.12.3 Applicable Policies
• OSC-I-22: Continue to require soils and geologic surveys for all proposed development in hillside areas.
• OSC-I-24: Require all mining and sand extraction operations to mitigate completely environmental impacts, including operations affecting water quality, habitat preservation, ATTACHMENT B – E NVIRONMENTAL C HECKLIST
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aesthetics and bridge undermining, and to submit reclamation and ultimate use plans for City approval prior to initiating operations.

1.12.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to mineral resources associated with the proposed project and mitigation is not required.

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1.13 NOISE
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project result in:
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne vibration or
groundborne noise levels?
c. For a project located within the vicinity of a private airstrip an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?

1.13.1 Discussion

1.13.1.1 Operational Noise Impacts
As discussed in the General Plan EIR, future development within the Planning Area would result in the development of new roads near existing neighborhoods and overall increased traffic volumes, thus increasing noise levels in some areas. Based on Future Noise Contours, the General Plan EIR found that in 2030, approximately 3,500 acres (10 percent) would be within areas with noises levels equal to 60 dB. As discussed in the General Plan EIR, increases in traffic levels can be counteracted by the implementation of alternate forms of transportation and land use and road design that factor in noise concerns. Locating noise-sensitive uses away from high-noise areas (e.g. major transportation routes) and buffering noise levels through design and landscaping features would help minimize future noise-related land use conflicts. Table 3.5-3 of the General Plan EIR lists the acreage of General Plan opportunity sites (vacant or underutilized land that may be developed by 2030) by land use acreages and noise contours. On these sites, the General Plan EIR found that noise mitigation would be required as a condition of approval under the General Plan. In addition, the General Plan EIR found that implementation of General Plan policies would reduce the potential impact of increased noise but impacts would remain significant and unavoidable.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development or new construction. However, future residential development associated with the proposed density increase could generate new vehicle trips that could contribute to the significant increased traffic noise impacts identified in the General Plan EIR.

Future residential development associated with the proposed density increase would be evaluated on an individual basis as part of the City’s development review process for new construction, and may require subsequent analysis to evaluate compliance with noise standards identified in the City’s Municipal Code and General Plan. However, the proposed project itself would not itself result in an ATTACHMENT B – E NVIRONMENTAL C HECKLIST
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increase in noise levels. Therefore, the project would have a less-than-significant impact related to generation of a substantial permanent increase in ambient noise levels in the vicinity of the project in excess of standards. Therefore, the proposed project would not lead to new or more severe noise impacts beyond those identified in the General Plan EIR.

1.13.1.2 Construction-Related Noise and Vibration Impacts The General Plan EIR found that groundborne vibration may be incurred from construction of new development, transporting trucks, bulldozing, and drilling. In addition, the General Plan EIR found that ambient noise levels near areas of new development may temporarily increase. The General Plan EIR found that since the General Plan includes new development within the urban area and as infill development within the City, surrounding land uses may be exposed to construction-related noise. General Plan policies require insulation in the form of soundproof materials, fences, walls, and landscaping that serve as noise buffers. In addition, the General Plan EIR found that individual development projects will be subject to site-specific environmental review, which would necessitate identification of site-level mitigation if significant noise impacts are identified. As such, the General Plan EIR determined that impacts would be less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties; however, the project itself does not include any physical development or new construction. Future residential development would be evaluated on an individual basis as part of the City’s development review process and would be required to comply with the City’s Municipal Code ordinances establishing permissible hours of noise-producing construction activity, which would ensure that short-term construction noise impacts would be less than significant. Therefore, the proposed project would not result in new or more severe impacts related to groundborne vibration than were identified in the General Plan EIR.

1.13.1.3 Aircraft Noise Source Impacts
As discussed in the General Plan EIR, it is possible that the General Plan would expose more people to airport-related noise sources because of increased industrial development adjacent to the airport site. The General Plan EIR found that the extension of the airport runway would also contribute to a slight increase in noise exposure to the surrounding uses; however, as the surrounding uses are agricultural, very few sensitive receptors exist on lands adjacent to the airport. In addition, the General Plan EIR found that very few proposed uses other than industrial abut the runway or the extension area. As such, the General Plan EIR found that this increase would cause an imperceptible change in noise exposure to sensitive receptors, or otherwise, in the area surrounding the airport and impacts would be less than significant.

The proposed density increase would not result in any physical improvements and, therefore, would not result in new construction within the vicinity of an airport. Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels due to the proximity of an airport. In addition, future residential development would be required to comply with General Plan policies related to aircraft noise. The proposed project would not result in new or more severe impacts related to aircraft noise than were identified in the General Plan EIR.

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1.13.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.13.3 Applicable Policies
• N-I-1: Use the community noise exposure level standards, shown in Table 9-1 [of the General Plan], as review criteria for new land uses and require a noise study and mitigation measures for all projects that have noise exposure greater than “normally acceptable” levels. • N-I-2: Require that all new residential development achieve interior noise level reductions through sound insulation and other measures to meet the land use compatibility standards by acoustical design and construction of the structure and building elements. • N-I-3: Establish standards for the basic elements of noise reduction design for a new dwelling unit exposed to DNL above 65 dB, including the following:
○ All facades must be constructed with substantial weight and insulation; ○ Sound-rated windows providing noise reduction performance similar to that of the façade must be included for habitable rooms;
○ Sound-rated doors or storm doors providing noise reduction performance similar to that of the façade must be included for all exterior entries;
○ Acoustic baffling of vents is required for chimneys, fans and gable ends; and ○ Installation of a mechanical ventilation system affording comfort under closed window conditions is required.
• N-I-4: Require sound walls or other attenuation measures designed to reduce noise by a minimum of 10 dB in residential areas adjacent to State highways when additional lanes are added or when new residential development or sensitive receptors would be exposed to noise above 65 dB.
• N-I-5: Reduce noise intrusion generated by miscellaneous noise sources through conditions of approval to control noise-generating activities.
• N-I-6: Require new noise sources to use best available control technology (BACT) to minimize noise emissions.
• N-I-7: Require noise from existing mechanical equipment to be reduced by soundproofing materials and sound-deadening installation.
• N-I-8: Work with the Tulare County Airport Land Use Commission (ALUC) to prepare an Airport Land Use Compatibility Plan and updated airport noise contours, consistent with the new airport layout plan.

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• N-I-9: Require the disclosure of the noise environment to prospective homebuyers where noise levels exceed “normally acceptable” standards.
• C-I-35: Ensure that the land uses in the Airport environs are consistent with the Tulare County Comprehensive Airport Land Use Plan in order to protect the safety of persons and property. ○ Ensure no new schools and other noise sensitive uses are built within 4,000 feet of the Airport Clear Zone.
○ Ensure that any non-residential uses are not subject to aircraft hazards based on specific criteria developed to evaluate safety risks.
○ Limit residential parcels within the Airport Outer Approach/Departure Zone to at least 5- acres in size.
• LU-I-25: Establish buffering requirements and performance standards intended to minimize harmful effects of excessive noise, light, glare, and other adverse environmental impacts. • LU-I-32: Include standards in the Zoning Ordinance for housing and mixed use development within the Downtown area that address:
○ Building setbacks and relationship to the street;
○ Outdoor dining areas;
○ Street landscaping to create an attractive and livable environment; ○ Adequate light, air, ventilation, and noise insulation for residential units; ○ Building design, including articulation and quality of materials; ○ Ground floor uses;
○ Location and quality of parking; and
○ Height and setback transitions to adjacent lower density residential uses.

1.13.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to noise associated with the proposed project and mitigation is not required.

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1.14 POPULATION AND HOUSING
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?

1.14.1 Discussion

1.14.1.1 Induce Population Growth
As described in the Project Description, State housing element law assigns the responsibility for preparing the Regional Housing Needs Assessment (RHNA) for the Tulare County region to the Tulare County Association of Governments (TCAG). TCAG, and other California councils of governments (COGs), undertake the RHNA process prior to each housing element cycle. The current RHNA is for the fifth housing element cycle and covers a 9.75-year projection period (January 1, 2014 to September 30, 2023).7 Based on the fifth cycle of the RHNA Plan for Tulare County, the City of Porterville was allocated 3,196 residential units to be approved or planned for by 2023. As of December 1, 2021, the City has approved 621 building permits for new residential units. Overall, by 2023, the City is expected to approve or plan for the remaining 2,575 units.

To encourage infill development and to increase potential housing units within the City, the proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance (1873) to increase the density of High Density Residential (RM-3) to 30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. All other requirements of the RM-3, including lot sizes and use classifications would remain. This would result in a potential increase of 167 residential units across the City within all designated High Density Residential (RM-3) properties. This increase is in line with General Plan Land Use Element Guiding Policy LU-G-8, which states “Allow and encourage efficient infill development in existing neighborhoods.”
The proposed project would result a potential increase of 167 residential units, which would result in approximately 546 additional residents based on the estimated 3.27 persons per household8 in 7 Tulare County Association of Governments. 2014. Final Regional Housing Needs Plan for Tulare County 2014—023. Adopted June 30. 8
U.S. Census Bureau. 2021. Quick Facts City of Porterville, California. July 1. Website:
https://www.census.gov/quickfacts/fact/table/portervillecitycalifornia,US/PST045221 (accessed June 2022).

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Porterville. The addition of 546 new residents represents 0.9 percent of Porterville’s 2020 population of 62,742.
9 While the proposed project has the potential to result in population growth, the purpose of the proposed project is to meet the State requirements and achieve RHNA goals. In addition, the population increase associated with the additional 167 units would be a small percentage of the overall anticipated General Plan growth. Therefore, the proposed project is not expected to induce substantial unplanned population growth. As such, the proposed project would not result in new or more severe impacts related to population growth than were identified in the General Plan EIR.

1.14.1.2 Displace Existing People or Housing
The General Plan EIR determined that the General Plan would not displace substantial numbers of housing or people, as the General Plan would accommodate additional housing and employment opportunities.

The proposed project would include a General Plan Amendment and an amendment to the Porterville Development Ordinance to increase the density of RM-3 to 30.5 units per acre and increase the maximum density of High Density Residential in the General Plan to align with the increase. All other requirements of the RM-3, including lot sizes and use classifications would remain. The proposed density increase would accommodate additional housing and employment opportunities and would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. In addition, the project itself does not include any physical development or new construction and no land use changes are proposed.

Therefore, there would be no impacts related to the displacement of substantial numbers of people or housing units. As such, the proposed project would not result in new or more severe impacts to the displacement of existing people or housing than were identified in the General Plan EIR.

1.14.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.14.3 Applicable Policies
• LU-I-1: Amend the Zoning Ordinance to include use regulations, development standards, and minimum performance requirements for zoning districts as needed to implement the General Plan.
• LU-I-6: Adopt, and maintain in place, a development mitigation program to ensure that all new growth is paying its share of the costs associated with that growth. This program will include two components:
○ Local Mitigation Program: The local development fee program will establish fees, exactions, assessments or other mitigation measures to fund streets and other city-owned facilities. 9 Ibid.

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Revenue provided from this program shall not be used to replace private developer funding of any required improvements that have or would have been committed to any project. ○ Regional Mitigation Program: The regional development fee program will establish fees, exactions, assessments or other mitigation measures to fund State highway and other regional transportation improvements needed to mitigate the impacts of planned development under the General Plan. Regional development impact fees may be established under this program that would apply to all new development in the City, unless exempt.
• LU-I-7: Use other funding mechanisms to augment developer and/or mitigation fees, when and where appropriate.
• LU-I-8: Approve development projects only after making findings that one or more of the following conditions are met:
○ No General Fund revenue will be used to replace developer funding that has or would have been committed to any other public project;
○ The development project will fully fund all public facilities and infrastructure, including streets, water, sewer and storm drainage systems, parks and public safety facilities and equipment, as necessary to directly mitigate the impact of the new development; and ○ The development project will pay impact fees for public facilities and infrastructure improvements in proportion to the development’s impacts, as per the approved master plans.
• LU-I-9: Establish a comprehensive design review process for multi-family housing, commercial and industrial development with an appropriate level of review based on project type and size. • LU-I-10: Amend the Zoning and Subdivision Ordinances to include:
○ Minimum lot sizes and densities consistent with the Plan’s land use classifications; ○ Development standards that permit townhouses and zero-lot line attached or detached single-family dwellings on sites designated for low-medium, medium, or medium-high densities;
○ Development standards that permit second units, small family daycares, and residential care homes in neighborhoods in accord with State law; and
○ Sustainable design standards that will achieve compact, walkable neighborhoods and provide an interconnected network of local streets.
• LU-I-11: Only allow gated communities in very low density, planned development areas, and Resort Residential areas.

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• LU-I-12: Require residential development on slopes over six percent to comply with the Hillside Development Ordinance.
• LU-I-13: Discourage residential development within the Airport Safety Zone. If residential development is approved in the County within the Airport Safety Zone, it must comply with Tulare County Airport Land Use Commission’s land-use compatibility standards and density restrictions.
• LU-I-14: Allow residential developments to employ creative site design, landscaping, and architectural quality that blend with the characteristics of each location and its surroundings and offer superior design solutions.
• LU-I-15: Adopt community design standards for new residential development. • LU-I-16: Establish guidelines and incentives to promote green building techniques and materials in residential development.
• LU-I-17: Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible. • LU-I-18: Protect existing residential neighborhoods from the encroachment of incompatible activities and land uses, and environmental hazards.
• LU-I-19: Enforce zoning and development regulations through project review, construction inspections, and code enforcement, with fees to enable full-cost recovery for providing these services.

1.14.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to population and housing associated with the proposed project and mitigation is not required.

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1.15 PUBLIC SERVICES
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?

1.15.1 Discussion

1.15.1.1 Police and Fire Protection
The General Plan EIR found that the current police and fire protection is designed to meet the needs of the existing population and employment base. As discussed in the General Plan EIR, development from the General Plan will add approximately 62,100 new residents and almost 35,000 new jobs to the City, increasing the long-term demand for police assistance and emergency fire response and paramedic services.

The General Plan EIR determined that a ratio of 1.2 police officers per 1,000 residents would support adequate law enforcement efforts at buildout, which would require a total of 129 (82 additional) sworn officers by 2030. As such, the General Plan EIR determined that the central police station would remain and as the community grows and levels of service increase, satellite Communitybased Policing Offices would be located with other public facilities such as fire stations in shopping centers, community centers or high-crime areas in order to provide the required services.

In addition, as discussed in the General Plan EIR, in order to meet the service demand of greater population, two new fire stations were proposed by General Plan. These additional stations will help the Department to maintain its Insurance Service Office (ISO) rating and reach its response time goal. The General Plan EIR found that additional fire facilities will need to be planned as the City expands north, near the Porterville Municipal Airport and near Lake Success.

The General Plan EIR determined that implementation of General Plan policies would reduce the impact on police and fire services to a level that is less than significant.

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increase could result in an incremental increase in the demand for police and fire protection services as a result of additional residential units across the City. However, future residential development would be required to comply with all applicable codes for fire safety and emergency access. In addition, project applicants would be required to submit plans to the Fire Department for review and approval prior to the issuance of building permits to ensure the project would conform to applicable building codes. In addition, the future residential development would be required to comply with General Plan policies related to police and fire protection, which would ensure that the proposed project would have a less-than-significant impact on police and fire protection. As such, the proposed project would not result in new or more severe impacts related to police and fire protection than were identified in the General Plan EIR.

1.15.1.2 Schools
The General Plan EIR found that buildout of the General Plan would result in the addition of 19,660 housing units and approximately 13,760 new students. This buildout would result in a total of approximately 31,700 students and a demand for an additional 14 elementary schools, 2 middle schools, and 3 high schools.10 The General Plan EIR found that the number of new students would represent a significant increase (77 percent) over current levels.

As discussed in the General Plan EIR, the General Plan Land Use Diagram illustrates proposed sites for 14 new elementary, four new middle schools, and the three new high schools. These proposed sites represent more than 430 acres in the Land Use Diagram, which are more than sufficient to accommodate the schools needed for the projected student population at buildout. Furthermore, the General Plan EIR found that General Plan policies aim to coordinate an increase in demand with the local school districts in order to ensure that this new development is met with appropriate school capacity. Therefore, the General Plan EIR found that implementation of General Plan policies ensure that new residential development does not exceed school capacity and would reduce potential impacts to a less than significant level.

The proposed project would result in an increase of 167 potential residential units across the City within all designated RM-3 properties. As such, the proposed density increase would facilitate additional housing units and result in additional students. Based on an increase in 167 residential units, the proposed project would result in 67 elementary school students, 17 middle school students, and 33 high school students. Based on this increase, it is assumed that the increase in students would be accommodated in existing school facilities. In addition, future residential development would be required to comply with General Plan policies and pay school impact fees to ensure that new residential development does not exceed school capacity. As such, the proposed project would not result in new or more severe impacts related to schools than were identified in the General Plan EIR.
10 This assumes 0.4 elementary school students, 0.1 middle school students, and 0.2 high school students per new housing unit and assumes average school size of 550 students (grades K-5), 800 students (grades 6-8), and 1,500 students (grades 9-12) consistent with the assumptions in the General Plan EIR.

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1.15.1.3 Parks and Other Public Facilities
The General Plan EIR found that the proposed trails, recreational facilities, and trails would improve connectivity between parks, encouraging residents to walk and cycle from their homes. Increased accessibility and connectivity are considered beneficial impacts.

The proposed project would result in an increase of 167 potential residential units across the City within all designated RM-3 properties. As such, future residential development may incrementally increase the demand for parks or other public facilities, such as such as libraries, community centers, or public health care facilities; however it is not anticipated that a substantial increase in demand for parks or other government facilities would occur, such that new facilities would be required. In addition, future residential development would be required to comply with General Plan policies to ensure that new residential development would not adversely affect parks or public facilities. As such, the proposed project would not result in new or more severe impacts related to parks and other public facilities than were identified in the General Plan EIR.

1.15.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.15.3 Applicable Policies
• PSCF-I-1: Prepare, adopt, and implement a Parks and Recreation Master Plan, including:
○ Plans for the development and acquisition of parks, recreation facilities, trails, and open space;
○ Specific facility standards and guidelines for landscaping, lighting, signage, parking and recreational equipment design;
○ Performance guidelines to minimize water, energy, and chemical use and preserve wildlife; ○ Recommended programs for parks and recreation; and
○ Programs for enforcement of park rules.
• PSCF-I-2: Update park impact fees to fund the acquisition and development of land for park and recreation facilities, pursuant to the General Plan.
• PSCF-I-3: Amend the Subdivision Ordinance to require that residential developers provide a minimum of five acres of neighborhood and community parks per 1,000 residents or pay in lieu fees.
• PSCF-I-4: Establish additional funding for the acquisition and development of specialized park and recreation facilities to serve existing and future residents.

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• PSCF-I-5: Require developers to agree to the establishment of a Park Maintenance District in new neighborhoods.
• PSCF-I-6: Establish a program for contributions to the City’s park system by non-residential developers, based on their proportional share of needs generated and use of facilities. • PSCF-I-7: Establish dedication and reservation requirements in the Subdivision Ordinance for open space, parkways and trail systems in new residential developments. • PSCF-I-8: Provide lighted facilities for active community recreation areas in order to extend usability, whenever possible.
• PSCF-I-9: Design park and recreation facilities to be as flexible as possible, so that they may adapt to changes in the population served and in the recreation programs offered. • PSCF-I-10: Place neighborhood and community parks at the core of new neighborhoods and colocate parks and school sites where possible, as depicted on the General Plan Land Use Diagram. • PSCF-I-12: Evaluate the feasibility and benefit derived from relocating the existing Sports Complex to a more accessible location that can accommodate lighted fields. • PSCF-I-13: Conduct community surveys as needed to identify unmet demand for park and recreation services.
• PSCF-I-14: Develop a safe and efficient trail network throughout the City that links parks and other key City destinations.
• PSCF-I-15: Continue to support the development of the Tule River Parkway Bicycle and Pedestrian path and the Rails to Trails Project.
• PSCF-I-16: Work with the appropriate government agencies and local businesses to produce a bicycle map that shows touring and commuting bicycle routes, mountain bike trails, and school commute routes.
• PSCF-I-17: Involve citizens, especially youths, in maintaining park areas through participation in park watches, citizen based graffiti watch and cleanup and repair. • PSCF-I-18: Cooperate with the school districts to promote joint development and use of school facilities after school hours.
• PSCF-I-19: Cooperate with local school districts to ensure that educational facilities with sufficient permanent capacity are constructed to meet the needs of current and projected student enrollment and required infrastructure is constructed when needed.

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• PSCF-I-20: Amend the Subdivision Ordinance to require reservation of school sites, as shown on the General Plan Land Use Diagram, for school district acquisition for a reasonable period of time, not to exceed five years.
• PSCF-I-21: Establish zoning and development incentives for developers who provide sites to accommodate higher education institutions.
• PHS-I-24: Provide cost effective fire, police, and emergency medical service within the City to minimize potential injury, loss and/or destruction to persons or property. • PHS-I-25: Maintain the City’s Class 3 ISO rating, or better, for fire protection. • PHS-I-26: Promote a community-oriented approach to law enforcement. • PHS-I-27: Continually assess the adequacy of current funding programs for police, fire and paramedic services and investigate new funding sources. • PHS-I-28: Ensure that new development incorporates safety concerns into the site, circulation, building design and landscaping plans.

1.15.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to public services associated with the proposed project and mitigation is not required.

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1.16 RECREATION
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

1.16.1 Discussion

1.16.1.1 Increase the Use of Existing Parks
As discussed in the General Plan EIR, the General Plan provides for infill development on vacant and underutilized sites, which may result in the increase in use of existing park facilities. However, General Plan policies would result in an overall net increase in parkland and a higher parkland ratio than currently exists. The General Plan EIR found that this would result in better accessibility, less physical deterioration, and fewer use conflicts for all parks. In addition, the General Plan EIR found that while new parkland is intended to serve areas of increased growth, existing residents may commute to utilize new parkland facilities outside of their neighborhood – thereby lessening the use of an existing facility. The General Plan EIR determined that in consideration of the additional facilities that would be provided by the General Plan, impacts to existing recreational facilities would be less than significant. Furthermore, the General Plan includes policies on facilities maintenance to ensure any physical deterioration of existing facilities is kept to a minimum.

The proposed project would result in a potential increase of 167 residential units throughout the City, which would incrementally increase the use of existing parks; however, it is not anticipated that a substantial increase in demand for parks would occur such that new facilities would be required. In addition, future residential development would be evaluated as part of the City’s development review process, would be subject to further environmental review and/or discretionary actions, depending on the nature of the proposed project. Future projects would be subject to the City’s standard conditions of approval for all development projects and could be subject to additional conditions and/or mitigation measures (in the event that further environmental review is required) to ensure that any future development would not adversely affect recreational facilities. In addition, future residential development would be required to comply with General Plan policies related to recreational facilities maintenance. As such, the proposed project would not result in new or more severe impacts related to existing parks than were identified in the General Plan EIR.

1.16.1.2 Recreational Facilities
As discussed in the General Plan EIR, to meet the City’s standard of 10.0 acres per 1,000 residents, an additional 621 acres of parkland will need to be provided. The General Plan EIR found that the

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General Plan provides 910 acres of additional parkland. Applying the parkland ratio to these parks, buildout of the General Plan would result in 10.3 acres of parkland per 1,000 total residents, which exceeds the proposed standard. The General Plan EIR found that with implementation of General Plan policies, impacts would be less than significant.

The proposed project would result in a potential increase of 167 residential units throughout the City, which would incrementally increase the use of existing recreational facilities; however, the proposed project does not include nor require the construction or expansion of new or existing public recreational facilities. Therefore, the proposed project would not result in additional environmental effects associated with recreation beyond those described in this document. In addition, future residential development would be required to comply with General Plan policies related to recreational facilities. As such, the proposed project would not result in new or more severe impacts related to existing parks than were identified in the General Plan EIR.

1.16.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.16.3 Applicable Policies
• PSCF-I-1: Prepare, adopt, and implement a Parks and Recreation Master Plan, including:
○ Plans for the development and acquisition of parks, recreation facilities, trails, and open space;
○ Specific facility standards and guidelines for landscaping, lighting, signage, parking and recreational equipment design;
○ Performance guidelines to minimize water, energy, and chemical use and preserve wildlife; ○ Recommended programs for parks and recreation; and
○ Programs for enforcement of park rules.
• PSCF-I-2: Update park impact fees to fund the acquisition and development of land for park and recreation facilities, pursuant to the General Plan.
• PSCF-I-3: Amend the Subdivision Ordinance to require that residential developers provide a minimum of five acres of neighborhood and community parks per 1,000 residents or pay in lieu fees.
• PSCF-I-4: Establish additional funding for the acquisition and development of specialized park and recreation facilities to serve existing and future residents. • PSCF-I-5: Require developers to agree to the establishment of a Park Maintenance District in new neighborhoods.

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• PSCF-I-6: Establish a program for contributions to the City’s park system by non-residential developers, based on their proportional share of needs generated and use of facilities. • PSCF-I-7: Establish dedication and reservation requirements in the Subdivision Ordinance for open space, parkways and trail systems in new residential developments. • PSCF-I-8: Provide lighted facilities for active community recreation areas in order to extend usability, whenever possible.
• PSCF-I-9: Design park and recreation facilities to be as flexible as possible, so that they may adapt to changes in the population served and in the recreation programs offered. • PSCF-I-10: Place neighborhood and community parks at the core of new neighborhoods and colocate parks and school sites where possible, as depicted on the General Plan Land Use Diagram. • PSCF-I-12: Evaluate the feasibility and benefit derived from relocating the existing Sports Complex to a more accessible location that can accommodate lighted fields. • PSCF-I-13: Conduct community surveys as needed to identify unmet demand for park and recreation services.
• PSCF-I-14: Develop a safe and efficient trail network throughout the City that links parks and other key City destinations.
• PSCF-I-15: Continue to support the development of the Tule River Parkway Bicycle and Pedestrian path and the Rails to Trails Project.
• PSCF-I-16: Work with the appropriate government agencies and local businesses to produce a bicycle map that shows touring and commuting bicycle routes, mountain bike trails, and school commute routes.
• PSCF-I-17: Involve citizens, especially youths, in maintaining park areas through participation in park watches, citizen based graffiti watch and cleanup and repair. • PSCF-I-18: Cooperate with the school districts to promote joint development and use of school facilities after school hours.

1.16.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to recreation associated with the proposed project and mitigation is not required.

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1.17 TRANSPORTATION
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
b. Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d. Result in inadequate emergency access?

1.17.1 Discussion

1.17.1.1 Consistency with Adopted Policies
Traffic Congestion. The General Plan EIR found that full buildout of the General Plan would have a less than significant impact on the majority of the existing circulation systems, but that there would be increased congestion on State highways, local arterials and intersections. The General Plan EIR found that State Route (SR) 190 between SR-65 and Plano Street would operate below the level of service (LOS) standard of LOS D. However, the General Plan EIR determined the City has the right to rely on the State for needed improvements to State highways and that implementation of General Plan policies would represent a program level commitment by the City to reduce this impact on the State highways system.

In addition, the General Plan EIR found that numerous roadway improvements are identified in the General Plan to ensure acceptable levels of service. The General Plan EIR found that when these improvements are completed, only one segment of a new arterial proposed between Westwood Street and SR-65 would operate at the minimum LOS threshold, D, and no streets would operate below that standard. The General Plan EIR determined that implementation of General Plan policies would reduce the impact on the State highway and local road system to a less-than-significant level.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. The project itself does not include any physical development or land use changes; however, future residential development associated with the proposed density increase would generate new vehicle trips and could contribute to traffic congestion.

Future residential development associated with the proposed density increase would be evaluated on an individual basis as part of the City’s development review process depending on the size and location of the development project and may require a site-specific transportation analysis on a case-by-case basis to confirm that the development would not result in circulation impacts. In addition, future residential development may be required to prepare a traffic impact study to identify potential impacts to the circulation system and mitigation measures to be implemented to ATTACHMENT B – E NVIRONMENTAL C HECKLIST
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ensure that impacts would be less than significant. In addition, future residential development would be required to comply with General Plan policies. Therefore, the proposed project would not lead to new or more severe traffic congestion impacts beyond those identified in the General Plan EIR.

Public Transit Services. As discussed in the General Plan EIR, with development under the General Plan, demand for public transit services generated by the City would increase as the population increases, especially since many of the General Plan policies promote the use of public transit. The General Plan EIR found that given the projected increase in transit demand, more routes and/or greater frequency along existing routes would need to be added. In addition, the General Plan EIR found that since the City of Porterville owns the transit service, planning and implementation to meet transit demand would ensure that the impact on transit service is less than significant.

Future residential development associated with the proposed density increase would also be required to comply with General Plan policies related to public transit services. As such, the proposed project would not lead to new or more severe impacts related to public transit services beyond those identified in the General Plan EIR.

Pedestrian and Bicycle Circulation. As discussed in the General Plan EIR, one of the main principles of the General Plan is to create a balanced transportation system that serves alternative modes of transportation as well as automobiles. The General Plan EIR found that the General Plan supports a primary bikeway network to link Downtown, neighborhoods, the transit center, schools, parks, trails, and other recreation areas and designing new arterial and collector streets to support bicycle and pedestrian activities. In addition to the planned bicycle network, the General Plan EIR determined that the General Plan policies support walking for recreation and commuting. Plan policies ensure compact, mixed use development with complimentary land uses adjacent to each other. As such, the General Plan EIR determined that implementation of General Plan policies would increase the benefit Plan to pedestrians and bicyclists.

Future residential development associated with the proposed density increase would also be required to comply with General Plan policies related to pedestrian and bicycle circulation. As such, the proposed project would not lead to new or more severe impacts related to pedestrian and bicycle circulation beyond those identified in the General Plan EIR.

1.17.1.2 Consistency with CEQA Guidelines § 15064.3, subdivision (b) The General Plan EIR evaluated VMT in the Energy Use and Climate Change section and found that the General Plan promotes a jobs and housing balance, increased transit use, and facilitates additional bicycle and pedestrian activity, which should contribute to a decrease in VMT per capita.

As discussed in the General Plan EIR, according to current traffic modeling techniques, the total daily VMT within the Planning Area would increase and the daily VMT per capita would decrease. In addition, the General Plan EIR found that the General Plan includes policies that are aimed at reducing daily VMT by linking land use and the transportation network, encouraging the use of alternative transportation, managing transportation demand, and supporting new green technology.

However, the General Plan EIR found that the significance of this impact would be unknown.

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The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. The project itself does not include any physical development or land use changes; however, future residential development associated with the proposed density increase would generate new vehicle trips and VMT.

The City has adopted Tulare County’s Vehicle Miles Traveled Guidelines11 for evaluation of VMT impacts. As such, future residential development associated with the proposed density increase would be evaluated on an individual basis as part of the City’s development review process and the County’s VMT Guidelines depending on the size and location of the development project and may require a site-specific transportation analysis on a case-by-case basis to confirm that the development would not result in a significant impact to VMT. In addition, future development projects would be required to comply with General Plan policies related to VMT. Therefore, the proposed project would not lead to new or more severe VMT impacts beyond those identified in the General Plan EIR.

1.17.1.3 Design Features
As discussed in the General Plan EIR, the General Plan requires the construction of approximately 65 miles (140 lane miles) of new arterial and collector roads and about 25 miles (45 lane miles) of widening of existing roads to serve new development, not including new residential roads. The General Plan EIR found that this infrastructure would create short-term impacts related to construction, which would be mitigated by the City’s construction management and construction dust control requirements. In addition, the General Plan EIR found that long-term effects are less than significant because these streets and roadways would be integrated into the urban fabric, and physical consequences, such as increases in impervious surface, changes in drainage patterns and micro-climate changes due to isolated instances of removal of existing trees would be mitigated by General Plan policies.

Future residential development associated with the proposed density increase would also be required to comply with General Plan policies. As such, the proposed project would not lead to new or more severe impacts related to design features beyond those identified in the General Plan EIR.

1.17.1.4 Emergency Access
The General Plan EIR found that projected traffic would not result in unacceptable levels of service on the City’s roadway system, and emergency access would not be substantially impeded.

Furthermore, the General Plan EIR found that the General Plan provides for construction of additional public safety facilities, a more interconnected street network, and a traditional street grid layout with short blocks in order to provide more connections and allows trips to be distributed over more streets. Therefore, the General Plan EIR determined that impacts to emergency access are less than significant.
11 Tulare, County of. 2020. SB 743 Guidelines. June 8. Website: https://tularecounty.ca.gov/rma/rmadocuments/planning-documents/tulare-county-sb-743-guidelines-final/ (accessed June 2022).

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Future residential development associated with the proposed density increase would also be required to comply with General Plan policies related to emergency access. As such, the proposed project would not lead to new or more severe impacts related to emergency access beyond those identified in the General Plan EIR.

1.17.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.17.3 Applicable Policies
• C-I-1: Adopt street standards that provide flexibility in design, especially in residential neighborhoods. Revise right of way and pavement standards to reflect adjacent land use and/or anticipated traffic, and permit reduced right of way dimensions where necessary to maintain neighborhood character.
• C-I-2: Require all new developments to provide right of way and improvements consistent with the General Plan street designations and City street section standards. • C-I-3: Provide for greater street connectivity by:
○ Incorporating in subdivision regulations requirements for a minimum number of access points to existing local or collector streets for each development; ○ Encouraging roundabouts over signals, where feasible and appropriate; ○ Requiring the bicycle and pedestrian connections from cul-de-sacs to nearby public areas and main streets; and
○ Requiring new residential communities on undeveloped land planned for urban uses to provide stubs for future connections to the edge of the property line. Where stubs exist on adjacent properties, new streets within the development should connect to these stubs. • C-I-5: Install traffic calming devices, such as signage and bulbs, as needed and appropriate in existing neighborhoods.
• C-I-6: Require the installation of landscaping in center medians and at major intersections to minimize summer heat and enhance the character of the streetscapes. • C-I-7: Require street tree planting as part of an urban forestry program. • C-I-8: Develop and manage the roadway system to obtain LOS D or better during the peak hour for all major roadways and intersections in the City. This policy does not extend to residential streets (i.e., streets with direct driveway access to homes) or state highways and their intersections, where Caltrans policies apply. Exceptions to LOS D policy may be allowed by the City Council in areas, such as downtown and at highway interchanges, where allowing a lower LOS would result in clear public benefits.

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• C-I-9: Develop and manage local residential streets (i.e., streets with direct driveway access to homes) to limit average daily vehicle traffic volumes to 2,500 or less and 85th percentile speeds to 25 miles per hour or less.
• C-I-10: Require traffic impact studies for all General Plan amendments that will generate more than 100 peak hour trips.
• C-I-11: Establish and implement additional programs to maintain adequate levels of service at intersections and along roadway segments as circumstances warrant, including the following actions:
○ Collect and analyze traffic volume data on a regular basis and monitor current intersection and roadway segment levels of service on a regular basis. Use this information to update and refine the City's travel forecasting model so that estimates of future conditions are more strongly based upon local travel behavior and trends. ○ Consider, on a case by case basis, how to shift travel demand away from the peak period, especially in those situations where peak traffic problems result from a few major generators.
○ Perform periodic evaluations of the efficiency of the urban street traffic control system, with emphasis on traffic signal timing, phasing and coordination to optimize traffic flow along arterial corridors. Use traffic control systems to balance arterial street utilization. • C-I-12: Continue to require that new development pays a fair share of the costs of street and other traffic and local transportation improvements based on traffic generated and impacts on traffic service levels.
• C-I-13: Use Citywide traffic impact fees to provide additional funding for transportation improvements needed to serve new development.
• C-I-14: Require new development that will have an impact on regional transportation facilities to pay a regional transportation impact fee.
• C-I-15: Situate transit stops and hubs at locations that are convenient for transit users, and promote increased transit ridership through the provision of shelters, benches, bike racks on buses, and other amenities.
• C-I-16: Ensure that new development is designed to make transit a viable choice for residents.

Design options include:
○ Have neighborhood focal points with sheltered bus stops; ○ Locate medium-high density development whenever feasible near streets served by transit; and
○ Link neighborhoods to bus stops by continuous sidewalks or pedestrian paths.

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• C-I-17: Establish bicycle lanes, bike routes and bike paths consistent with the General Plan. • C-I-18: Amend the Zoning Ordinance to require bicycle facilities at large commercial and industrial employer sites.
• C-I-19: Increase bicycle safety by:
○ Sweeping and repairing bicycle lanes and paths on a regular basis; ○ Ensuring that bikeways are delineated and signed in accordance with Caltrans' standards, and lighting is provided, where needed;
○ Providing bicycle paths or lanes on bridges and overpasses; ○ Ensuring that all new and improved streets have bicycle-safe drainage grates and are free of hazards such as uneven pavement and gravel;
○ Provide adequate signage and markings warning vehicular traffic of the existence of merging or crossing bicycle traffic where bike routes and paths make transitions into or across roadways; and
○ Work with the school districts to promote classes on bicycle safety in the schools. • C-I-20: Give bikes equal treatment in terms of provisions for safety and comfort on arterials and collectors as motor vehicles.
• C-I-21: Develop a series of continuous walkways within new office parks, commercial districts, and residential neighborhoods so they connect to one another. • C-I-22: Provide for pedestrian-friendly zones in conjunction with the development, redevelopment, and design of mixed-use neighborhood core areas, the Downtown area, schools, parks, and other high use areas by:
○ Providing intersection "bump outs" to reduce walking distances across streets in the Downtown and other high use areas;
○ Providing pedestrian facilities at all signalized intersections; ○ Providing sidewalks of adequate width to encourage pedestrian use; and ○ Constructing adequately lit and safe access through subdivision sites. • C-I-23: Establish specific standards for pedestrian facilities to be accessible to physically disabled persons, and ensure that roadway improvement projects address mobility or accessibility for bicyclists or pedestrians.
• C-I-24: Amend the Zoning ordinance to include standards for pedestrian circulation in all new development, including patterned concrete sidewalks, pedestrian-scale lighting and tree canopy shading for walkways.

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• LU-I-2: Require a mix of civic, retail and service-oriented uses in the commercial component of neighborhood centers.
• LU-I-5: Require contiguous development within the UDB unless it can be demonstrated that development of property which is contiguous to urban development is unavailable. • LU-I-15: Adopt community design standards for new residential development. • LU-I-20: Establish standards for pedestrian-oriented design in neighborhood centers. • OSC-I-21: Adopt soil conservation regulations to reduce erosion caused by overgrazing, plowing, mining, new roadways and paths, construction, and off-road vehicles. • OSC-I-22: Continue to require soils and geologic surveys for all proposed development in hillside areas.
• OSC-I-23: Require adequate grading and replanting to minimize erosion and prevent slippage of manmade slopes.
• OSC-I-39: Adopt the Regional Water Quality Control Board’s policies on soil disturbance activities in order to minimize the disturbance of soil, vegetation, organic debris, and other materials that control runoff.
• OSC-I-60: Require dust control measures as a condition of approval for subdivision maps, site plans, and all grading permits.
• OSC-I-62: Be proactive in educating the public about the linkages between land use, transportation and air quality.
• PHS-I-6: Require construction work on open routes be done when soil moisture is sufficient to adequately compact the tread and prevent visible dust, which may contain airborne asbestos emissions.

1.17.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to transportation associated with the proposed project and mitigation is not required.

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1.18 TRIBAL CULTURAL RESOURCES
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section
5020.1(k)? Or
ii. A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public
Resource Code Section 5024.1, the lead agency shall
consider the significance of the resource to a California Native American tribe.

1.18.1 Discussion
Since the General Plan EIR was certified before tribal cultural resources analysis became a CEQA threshold requirement, the determination of whether tribal cultural resources need to be analyzed for this proposed project is governed by the law on supplemental or subsequent EIRs (Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164).

The topic of the project’s potential to cause a substantial adverse change in the significant of a tribal cultural resource was not analyzed in the General Plan EIR. As such, these impacts are not required to be analyzed unless they constitute new information of substantial importance that was not known and could not have been known at the time the previous EIR was certified as complete (Public Resources Code Section 21166 and the CEQA Guidelines Sections 15162 and 15164). The impact of tribal cultural resources was known at the time of the certification of the General Plan EIR.

Under CEQA standards, it is not new information that requires analysis in a supplemental EIR.

However, the following discussion is provided for informational purposes.

AB 52, which became law on January 1, 2015, provides for consultation with California Native American tribes during the CEQA environmental review process, and equates significant impacts to “tribal cultural resources” with significant environmental impacts. Public Resources Code (PRC) Section 21074 states that “tribal cultural resources” are:

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• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe and are one of the following:
○ Included or determined to be eligible for inclusion in the California Register of Historical Resources.
○ Included in a local register of historical resources as defined in subdivision (k) of PRC Section 5020.1.
○ A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

A “historical resource” (PRC Section 21084.1), a “unique archaeological resource” (PRC Section 21083.2(g)), or a “nonunique archaeological resource” (PRC Section 21083.2 (h)) may also be a tribal cultural resource if it is included or determined to be eligible for inclusion in the California Register of Historical Resources (California Register). The consultation provisions of the law require that a public agency consult with local Native American tribes that have requested placement on that agency’s notification list for CEQA projects. Within 14 days of determining that a project application is complete, or a decision by a public agency to undertake a project, the lead agency must notify tribes of the opportunity to consult on the project, should a tribe have previously requested to be on the agency’s notification list. California Native American tribes must be recognized by the NAHC as traditionally and culturally affiliated with the project site, and must have previously requested that the lead agency notify them of projects. Tribes have 30 days following notification of a project to request consultation with the lead agency.

The purpose of consultation is to inform the lead agency in its identification and determination of the significance of tribal cultural resources. If a project is determined to result in a significant impact on an identified tribal cultural resource, the consultation process must occur and conclude prior to adoption of a Negative Declaration or Mitigated Negative Declaration, or certification of an Environmental Impact Report (PRC Sections 21080.3.1, 21080.3.2, 21082.3).

The project area consists of all lands within the City designated RM-3. The proposed project would result in a potential increase of 167 potential residential units across the City within the RM-3 zoning district; however, the project itself does not include any physical development or land use changes.

Future residential development associated with the proposed density increase could impact unknown archaeological resources including Native American artifacts and human remains. As such, future residential development would be subject to AB 52 and Senate Bill (SB) 18 requirements. In addition, future residential development would also be required to comply with national, State and local laws as well as policies in the General Plan pertaining to tribal cultural resources. Therefore, potential impacts to tribal cultural resources would remain at a less-than-significant level. Therefore, the proposed project would not lead to new or more severe impacts to tribal cultural resources beyond those identified in the General Plan EIR.

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1.18.2 Applicable Mitigation
No substantial changes in environmental circumstances have occurred for this topic, nor revisions to the project, nor new information that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts, and no new mitigation measures are required.

1.18.3 Applicable Policies
• LU-I-17: Require that all new subdivisions preserve natural, cultural, and biological resources, including stands of large trees and rock outcroppings, to the maximum extent feasible. • LU-I-34: Utilize redevelopment, or other tools where available, to revitalize and preserve historic buildings.
• OSC-I-71: Update the City’s inventory of historic resources to determine sites or buildings of federal, State, or local historic significance.
• OSC-I-72: Develop agreement with Native American representatives for consultation in the cases where new development may result in disturbance to Native American sites. • OSC-I-73: Require that new development analyze and avoid any potential impacts to archaeological, paleontological, and historic resources by:
○ Requiring a records review for development proposed in areas that are considered archaeologically sensitive, including hillsides and near the Tule River; ○ Studying the potential effects of development and construction (as required by CEQA); ○ Developing, where appropriate, mitigation measures to minimize potential impacts; and ○ Implementing appropriate measures to avoid the identified impacts.

1.18.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Although this impact was not identified in the General Plan EIR, there would be no new impacts related to tribal cultural resources associated with the proposed project and additional mitigation is not required.

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1.19 UTILITIES AND SERVICE SYSTEMS
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
Would the project:
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during
normal, dry and multiple dry years?
c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
d. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

1.19.1 Discussion

1.19.1.1 Construction of New or Expanded Utility Facilities The General Plan EIR found that implementation of the General Plan would increase demand for water services to a degree that exceeds the limits of existing sources of water. The General Plan EIR found that even with implementation of water conservation practices, the City would have to add water supplies as it grows. In addition, as discussed in the General Plan EIR, surface water purchases and water conservation measures would be used to meet remaining demands. Surface water can also be used to recharge the aquifer. The General Plan EIR found that the City owns stormwater detention basins, which allow for incidental groundwater recharge and that the City would consider additional water detention basins for both stormwater detention and groundwater recharge. The General Plan EIR determined that implementation of General Plan policies would mitigate impacts on groundwater recharge to a less-than-significant level.

In addition, the General Plan EIR found that with planned housing and economic development, growth under the General Plan may cause wastewater flows to exceed currently available treatment capacity. However, the General Plan EIR found that when the volume of influent at the existing wastewater treatment facilities reach 80 percent capacity, the City would begin designing for additional plant capacity. In addition, the General Plan EIR found that existing sewer lines would need to be extended and upgraded in new development areas. The General Plan EIR concluded that General Plan policies ensure land is set aside for a future water treatment plant and developers pay their fair share on the cost of upgrading sewerage utilities, which would ensure that any impacts to wastewater from new development would be reduced to a less than significant level.

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Further, as discussed in Section 1.6.1.1 above, the General Plan EIR found that buildout under the General Plan will increase the total demand for electrical energy in Porterville. The General Plan EIR also determined that on-going energy efficient building and appliance standards would achieve Statewide reductions. The General Plan EIR found that implementation of these standards and other State requirements at the local level would reduce projected electrical generation. However, the General Plan EIR found that the significance of this impact would be unknown.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. This density increase is not expected to require or result in the relocation or construction of new or expanded facilities because such uses are not likely to generate substantial increases in demand as compared to currently allowable uses. However, future residential development would be evaluated on an individual basis as part of the City’s development review process and would be required to comply with the most current requirements for the installation of new utility infrastructure. In addition, future residential development would also be required to comply with the City’s General Plan policies. Therefore, the proposed project would not result in new or more severe impacts to utilities than were identified in the General Plan EIR.

1.19.1.2 Water Supply
Refer to Section 1.19.1.1. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. As such, the proposed density increase could result in an increase in water demand. Future residential development would be required to comply with General Plan policies to ensure that new residential development does not exceed water supply capacity. As such, the proposed project would not result in new or more severe impacts related to water supply than were identified in the General Plan EIR.

1.19.1.3 Wastewater
Refer to Section 1.19.1.1. The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. As such, the proposed density increase could result in an increase in wastewater treatment. Future residential development would be required to comply with General Plan policies to ensure that new residential development does not exceed wastewater treatment capacity. As such, the proposed project would not result in new or more severe impacts related to wastewater than were identified in the General Plan EIR.

1.19.1.4 Solid Waste
The General Plan EIR found that, assuming the current per capita generation rate and a 50 percent recycling or waste diversion rate for 2030, the estimated solid waste disposal demand for Porterville would be approximately 153,000 tons per year (420 tons per day).

A discussed in the General Plan EIR, Tulare County has indicated that they will not expand the Teapot Dome landfill. When it reaches capacity, the City anticipates using its transfer facility to divert waste to the either the Woodville landfill or Visalia landfill. Woodville Disposal Site, a Countyoperated Class III landfill permitted for 1,078 tons per day, is located approximately 15 miles to the northwest of the City limits. As of 2006, the landfill was at 41.5 percent capacity with a remaining capacity of 4,954,270 cubic yards and an anticipated closure data of 2026. Visalia Disposal Site,

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located approximately 35 miles northwest of the City limits, is a County-operated Class III landfill permitted to discharge up to 2,000 tons a day. As of 2006, the landfill was at 13.3 percent capacity with a remaining capacity of 16,145,600 cubic yards and an anticipated closure data of 2024. In addition, the General Plan EIR indicated that the estimated closure dates for the landfills are considered to be worst case scenarios, where diversion goals are not met. Therefore, the General Plan EIR determined that the available landfill capacity will be sufficient through the planning horizon of 2030 and with implementation of General Plan policies, impacts would be less than significant.

The proposed project would result in a potential increase of 167 residential units across the City within all designated RM-3 properties. As such, future residential development may incrementally increase solid waste generation; however, future residential development associated with the proposed density increase would be evaluated on an individual basis as part of the City’s development review process for new construction, and may require subsequent analysis. In addition, future residential development would be required to comply with all federal, State, and local regulations related to solid waste, solid waste diversion, reduction, and recycling during construction and operation activities. Furthermore, future residential development would be required to comply with General Plan related to solid waste management and disposal capacity. As such, the proposed project would not result in new or more severe impacts related to solid waste than were identified in the General Plan EIR.

1.19.2 Applicable Mitigation
No mitigation was required for this topic in the General Plan EIR, and no new mitigation measures are required.

1.19.3 Applicable Policies
• PU-I-1: Adopt and maintain an Urban Water Management Plan consistent with the California Water Code.
• PU-I-2: Update and implement a Water System Master Plan. • PU-I-3: Periodically review and update development impact fees, water connection charges, and monthly service charges to ensure that adequate funds are collected to operate and maintain existing facilities and to construct new facilities.
• PU-I-4: Support efforts to expand surface water supply and storage that benefits the City. These efforts will include water banking and treatment.
• PU-I-5: Require that necessary water supply infrastructure and storage facilities are in place coincident with new development, and approve development plans only when a dependable and adequate water supply to serve the development is assured.

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• PU-I-6: Cooperate with surrounding water management and irrigation districts in a comprehensive water management and recharge program with the long-term goal of stabilizing the groundwater basin.
• PU-I-7: Continue to require water meters in all new development. • PU-I-8: Require that agricultural water rights be assigned to the City when agricultural land is annexed to the City for urban development, consistent with this General Plan. • PU-I-9: Work cooperatively toward a program of conjunctive surface water use with local water purveyors and irrigation districts to retain surface water rights and supply following annexation and urban development so as to protect against aquifer overdrafts and water quality degradation.
• PU-I-10: Encourage private sector use of alternative water sources to achieve a water balance, including reclaimed water for irrigation and landscaping purposes. • PU-I-11: Promote the continued use of surface water for agriculture to reduce groundwater table reductions.
• PU-I-12 Establish a comprehensive program for water conservation. • PU-I-13: Undertake a program to retrofit public buildings with water conservation features. • PU-I-14: Update and implement the Sewer System Master Plan. This plan will include analysis of the treatment needs as well as collector systems and disposal measures and financial mechanisms.
• PU-I-15: Acquire adequate land to be used for reclamation purposes. • PU-I-16: Periodically review and update development impact fees, wastewater connection charges, and monthly service charges to ensure that adequate funds are collected to operate and maintain existing facilities and to construct new facilities. • PU-I-17: In partnership with County, State and federal agencies, work to prevent illegal wastewater disposal or chemical disposal practices.
• PU-20: Adopt programs to promote waste reduction and recycling and expand recycling programs in multi-family residential and commercial development. • PU-21: Establish incentives for existing businesses to participate in the City’s recycling program. • PU-22: Continue participation as a member of Consolidated Waste Management Authority.

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• PU-23: Evaluate the feasibility of trash compactors in the Downtown area to eliminate multiple commercial trash containers.
• PU-24: Periodically survey residents and businesses to ensure that solid waste programs effectively address community needs and issues.
• PU-25: Adopt an environmentally preferable purchasing program for all City departments. • PU-26: Adopt a Construction and Demolition Diversion Ordinance. • OSC-I-54: Support efforts to create additional water storage where needed, in cooperation with Federal, State, and local water authorities. Additionally, support and/or engage in water banking in conjunction with these agencies where appropriate.
• OSC-I-56: Update the emergency water conservation plan to include appropriate conservation policies that can be implemented during times of water shortages caused by drought, loss of one or more major sources of supply, contamination of one of more sources of supply, or other natural or manmade events.

1.19.4 Conclusion
No substantial changes in environmental circumstances have occurred for this topic, and no revisions to the project have occurred, or new information known that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts.

Therefore, there would be no new impacts related to utilities and service systems associated with the proposed project and mitigation is not required.

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1.20 WILDFIRE
New
Potentially
Significant
Impact
New Mitigation
Required
Reduced
Impact
No New
Impact
a. Substantially impair an adopted emergency response plan or emergency evacuation plan?
b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?

1.20.1 Discussion
Wildland fires occur in geographic areas that contain the types and conditions of vegetation, topography, weather, and structure density susceptible to risks associated with uncontrolled fires that can be started by lightning, improperly managed camp fires, cigarettes, sparks from automobiles, and other ignition sources.

As previously discussed in Section 1.9 of this Environmental Checklist, Hazards and Hazardous Materials, the General Plan EIR found that wildland fires would continue to pose a significant threat to the people and structures within the Planning Area. Although the central portions of Porterville are highly urbanized, portions of the Planning Area outside the urban core are more susceptible to wildland fires due to potential fuel loads (grassland and other vegetation). As discussed in the General Plan, compliance with General Plan policies would reduce potential exposure of people and development to wildland fires to a less-than-significant level.

Implementation of the proposed density increase does not include any physical changes and would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. In addition, future residential development would be required to comply with General Plan policies related to wildfire. As such, the proposed project would not result in new or more severe impacts related to wild fire than were identified in the General Plan EIR.

1.20.2 Applicable Mitigation
No substantial changes in environmental circumstances have occurred for this topic, nor revisions to the project, nor new information that could not have been known at the time the General Plan EIR was certified leading to new or more severe significant impacts, and no new mitigation measures are required.

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1.20.3 Applicable Policies
• PHS-I-13: Maintain automatic and/or mutual aid agreements with surrounding jurisdictions for fire protection.
• PHS-I-14: Enforce weed abatement programs and building and fire code requirements to assure adequate fire protection.
• PHS-I-15: Develop and expand existing public fire safety and emergency life support education programs in order to promote public awareness of fire hazards and emergency procedures. • PHS-I-16: Establish fire hazard standards and review procedures at least equivalent to State requirements to protect new development on or adjacent to the hillsides. • PHS-I-24: Provide cost effective fire, police, and emergency medical service within the City to minimize potential injury, loss and/or destruction to persons or property. • PHS-I-25: Maintain the City’s Class 3 ISO rating, or better, for fire protection. • PHS-I-27: Continually assess the adequacy of current funding programs for police, fire and paramedic services and investigate new funding sources. • PHS-I-28: Ensure that new development incorporates safety concerns into the site, circulation, building design and landscaping plans.

1.20.4 Conclusion
The General Plan EIR adequately evaluated the wildfire impacts of the proposed project. Therefore, there would be no new impacts related to wildfire associated with the proposed project and additional mitigation is not required.

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J UNE 2022
\\lsaazfiles.file.core.windows.net\projects\POR1801.31 City-Initiated Density Increases\PRODUCTS\Final Addendum\Porterville Density Increase_Attachment B - Checklist.docx (06/07/22)
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2.0 LIST OF PREPARERS
LSA Associates, Inc.
2565 Alluvial Avenue, Suite 172
Clovis, California 93611
Amy Fischer, Principal in Charge
Ashley Davis, Principal
Cara Carlucci, Project Manager
Meredith Canterbury, GIS
Lauren Johnson, Document Management
Chantik Virgil, Document Management
ATTACHMENT B – E NVIRONMENTAL C HECKLIST
J UNE 2022

PORTERVILLE HIGH DENSITY RESIDENTIAL DENSITY INCREASE P ROJECT

PORTERVILLE , C ALIFORNIA
\\lsaazfiles.file.core.windows.net\projects\POR1801.31 City-Initiated Density Increases\PRODUCTS\Final Addendum\Porterville Density Increase_Attachment B - Checklist.docx (06/07/22)
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PORTERVILLE HIGH DENSITY RESIDENTIAL DENSITY INCREASE P ROJECT

PORTERVILLE , C ALIFORNIA
ATTACHMENT B – E NVIRONMENTAL C HECKLIST
J UNE 2022
\\lsaazfiles.file.core.windows.net\projects\POR1801.31 City-Initiated Density Increases\PRODUCTS\Final Addendum\Porterville Density Increase_Attachment B - Checklist.docx (06/07/22)
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3.0 REFERENCES
California Energy Commission. 2020. 2020 Integrated Energy Policy Report. Docket No. 20-IEPR-01.

Porterville, City of. 2008. Porterville 2030 General Plan Environmental Impact Report. March.

San Joaquin Valley Air Pollution Control District. 2007. 2007 PM10 Maintenance Plan and Request for Redesignation. September 20. Available online at:
www.valleyair.org/Air_Quality_Plans/docs/Maintenance%20Plan10-25-07.pdf (accessed February 2022).

San Joaquin Valley Air Pollution Control District. 2013. 2013 Plan for the Revoked 1-Hour Ozone Standard. September 19. Website: www.valleyair.org/Air_Quality_Plans/OzoneOneHourPlan-2013.htm (accessed February 2022).

San Joaquin Valley Air Pollution Control District. 2016. 2016 Plan for the 2008 8-Hour Ozone Standard. June 16. Website: www.valleyair.org/Air_Quality_Plans/Ozone-Plan-2016.htm (accessed February 2022).

San Joaquin Valley Air Pollution Control District. 2018. 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards. November 15. Available online at:
www.valleyair.org/pmplans/documents/2018/pm-plan-adopted/2018-Plan-for-the-1997- 2006-and-2012-PM2.5-Standards.pdf%20 (accessed February 2022).

Tulare, County of. 2020. SB 743 Guidelines. June 8. Website: https://tularecounty.ca.gov/rma/rmadocuments/planning-documents/tulare-county-sb-743-guidelines-final/ (accessed June 2022).

Tulare County Association of Governments, 2014. Final Regional Housing Needs Plan for Tulare County 2014—023. Adopted June 30.

U.S. Census Bureau. 2021. Quick Facts City of Porterville, California. July 1. Website:
https://www.census.gov/quickfacts/fact/table/portervillecitycalifornia,US/PST045221 (accessed June 2022).

ATTACHMENT B – E NVIRONMENTAL C HECKLIST
J UNE 2022

PORTERVILLE HIGH DENSITY RESIDENTIAL DENSITY INCREASE P ROJECT

PORTERVILLE , C ALIFORNIA
\\lsaazfiles.file.core.windows.net\projects\POR1801.31 City-Initiated Density Increases\PRODUCTS\Final Addendum\Porterville Density Increase_Attachment B - Checklist.docx (06/07/22)
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