Agenda packet — Porterville City Council, October 21, 2025 (part 3 of 4)

February 5, 2024
Consuelo Sauls
Taylored Archaeology
Via Email to: [email protected]
Re: Hope Elementary School Water Systems Improvement Project, Tulare County Dear Mr. Sauls:

A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.

Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.

If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.

If you have any questions or need additional information, please contact me at my email address: [email protected].

Sincerely,
Cameron Vela
Cultural Resources Analyst
Attachment

CHAIRPERSON
Reginald Pagaling
Chumash

VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

SECRETARY
Sara Dutschke
Miwok

PARLIAMENTARIAN
Wayne Nelson
Luiseño

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
Laurena Bolden
Serrano

COMMISSIONER
Reid Milanovich
Cahuilla

COMMISSIONER
Vacant

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok, Nisenan

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
County Tribe Name Fed (F)
Non-Fed
(N)
Contact Person Contact Address Phone # Fax # Email Address Cultural Affiliation
Kern Valley
Indian
Community
N Brandy Kendricks,
Tribal Member
Monitor
30741 Foxridge Court
Tehachapi, CA, 93561
(661) 821-1733 krazykendricks@hotm
ail.com
Kawaiisu
Tubatulabal
Kern Valley
Indian
Community
N Robert Robinson,
Chairperson
P.O. Box 1010
Lake Isabella, CA,
93240
(760) 378-2915 [email protected]
m
Kawaiisu
Tubatulabal
Tubatulabals of
Kern Valley
N Robert Gomez,
Chairperson
P.O. Box 226
Lake Isabella, CA,
93240
(760) 379-4590 (760) 379-4592 Tubatulabal
Tule River
Indian Tribe
F Kerri Vera,
Environmental
Department
P. O. Box 589
Porterville, CA, 93258
(559) 783-8892 (559) 783-8932 kerri.vera@tulerivertrib
e-nsn.gov
Yokut
Tule River
Indian Tribe
F Joey Garfield, Tribal
Archaeologist
P. O. Box 589
Porterville, CA, 93258
(559) 783-8892 (559) 783-8932 joey.garfield@tulerivert
ribe-nsn.gov
Yokut
Tule River
Indian Tribe
F Neil Peyron,
Chairperson
P.O. Box 589
Porterville, CA, 93258
(559) 781-4271 (559) 781-4610 neil.peyron@tulerivertri
be-nsn.gov
Yokut
Wuksachi Indian
Tribe/Eshom
Valley Band
N Kenneth Woodrow,
Chairperson
1179 Rock Haven Ct.

Salinas, CA, 93906
(831) 443-9702 [email protected] Foothill Yokut
Mono
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Hope Elementary School Water Systems Improvement Project, Tulare County.

Record: PROJ-2024-000541
Report Type: List of Tribes
Counties: Tulare
NAHC Group: All
Native American Heritage Commission
Native American Contact List
Tulare County
2/13/2024
Counties Last
Updated
Tulare Inyo,Kern,Los Angeles,San
Bernardino,Tulare
1/29/2024
Inyo,Kern,Los Angeles,San
Bernardino,Tulare
1/29/2024
Kern,Tulare
Alameda,Amador,Calaveras,
Contra
Costa,Fresno,Inyo,Kern,
Kings,Madera,Mariposa,Merc
ed,Monterey,Sacramento,San
Benito,San Joaquin,San Luis
Obispo,Stanislaus,Tulare,Tuol
umne
7/22/2016
Alameda,Amador,Calaveras,
Contra
Costa,Fresno,Inyo,Kern,Kings
7/22/2016
Alameda,Amador,Calaveras,
Contra
Costa,Fresno,Inyo,Kern,Kings
Alameda,Calaveras,Contra
Costa,Fresno,Inyo,Kings,Mad
era,Marin,Mariposa,Merced,M
ono,Monterey,San Benito,San
Francisco,San Joaquin,San
Mateo,Santa Clara,Santa
Cruz,Stanislaus,Tulare,Tuolu
mne
6/19/2023
02/13/2024 12:57 PM
1 of 1
Organization Name Position Address Phone Number Email Address Letter E-Mail Summary of Contact Native American
Heritage
Commission Cameron Vela
Culutral Resources
Analyst
1550 Harbor Boulevard
Suite 100 West
Sacramento, California
95691 (916) 373-3710 [email protected] 2/5/2024
In a letter dated February 5, 2024, the NAHC
stated that the results were negative and
suggested to contact the local Native
American representatives on the list
provided.

Kern Valley Indian
Community Brandy Kendricks
Tribal Member
Monitor
30741 Foxridge Court,
Tehachapi, CA 93561 (661) 821-1733 [email protected] 2/13/2024 2/21/2024 No response.

Kern Valley Indian
Community Robert Robinson Chairperson
P.O. Box 1010 Lake
Isabella, CA 93240 (760) 378-2915 [email protected] 2/13/2024 2/21/2024 No response.

Tubatulabals of
Kern Valley Robert Gomez Chairperson
P.O. Box 226 Lake
Isabella, CA 93240 (760) 379-4590 2/13/2024
Letter phisically mailed certified. No email
provided. Called on February 21 at 10:15 am
to follow up. No answer and no voice mail
to leave a message.

Tule River Indian
Tribe Neil Peyron Chairperson
P.O. Box 589 Porterville,
CA 93258 (559) 781-4271 [email protected] 2/13/2024 2/21/2024 No response.

Tule River Indian
Tribe Kerri Vera
Environmental
Department
P.O. Box 589 Porterville,
CA 93258 (559) 783-8892 [email protected] 2/13/2024 2/21/2024 No response.

Tule River Indian
Tribe Joey Garfield Tribal Archaeologist
P.O. Box 589 Porterville,
CA 93258 (559) 783-8932
joe arfield@tulerivertribensn.gov 2/13/2024 2/21/2024 No response.

Wuksache Indian
Tribe/Eshom Valley
Band Kenneth Woodrow Chairperson
1179 Rock Haven Ct.

Salinas, CA 93906 (831) 443-9702 [email protected] 2/13/2024 2/21/2024 No response.

Native American Outreach Log
Hope Elementary School Water Systems Improvement Project, Tulare County, California —
6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
February 13, 2024
Brandy Kendricks, Tribal Member Monitor
Kern Valley Indian Community
30741 Foxridge Court
Tehachapi, CA 93561
RE: The Hope Elementary School Water Systems Improvement Project, City of Porterville, Tulare County, California
Dear Brandy Kendricks,
Taylored Archaeology is currently under contract to Provost & Pritchard Consulting Group to provide cultural resource services for the proposed Hope Elementary School Water Systems Improvement Project in the City of Porterville, Tulare County, California. The proposed project will be consolidating with the City’s existing water system. The project would include installing a new water main connecting the school to the City’s water system. The project proposes to construct approximately 2.3 miles of a 12- inch water main along South Indiana Avenue and West Teapot Dome Avenue. The project site is located south of Porterville, along South Indiana Avenue and West Teapot Dome Avenue, intercepting Highway

65. This project is subject to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The project boundary is in Sections 10, 11, 14, and 15, Township 22 South, Range 27 East, Mount Diablo Meridian of Porterville, California 7.5-minute USGS quadrangle (see attached map).

A search of the Native American Heritage Commission’s (NAHC) Sacred Lands File did not indicate the presence of tribal or cultural resources in the immediate project area. Taylored Archaeology also requested a records search of the project area at the California Historic Resources Information System (CHRIS), Southern San Joaquin Valley Information Center (SSJVIC) located at the California State University, Bakersfield. The records search results did not identify any previously recorded cultural resources within the project boundary. An archaeological pedestrian survey of the project was conducted on February 10, 2024. No cultural resources were encountered during the pedestrian survey.

The NAHC provided your name and address as someone who may have interest in sharing information regarding sacred sites, tribal cultural resources, or other resources of importance in the project area.

Please note this outreach letter is research for a cultural resources investigation and is not governmentto-government consultation under Assembly Bill 52 or Section 106. Taylored Archaeology understands and takes measures to protect the confidentiality of archaeological site locations, cemeteries, or sacred places, as required by law. Taylored Archaeology will not disclose locational information in any document available to the general public.

A Taylored Archaeology
6083 N Figarden Dr., Ste. 616, Fresno, CA 93722
559.797.1572 / [email protected]
If you have information that you would like to share, please feel free to contact me by email at [email protected], or send a letter to my attention at 6083 N. Figarden Dr., Ste. 616, Fresno, CA 93722. Any response by February 28, 2024, would be greatly appreciated.

Sincerely,
Consuelo Y. Sauls, M.A., RPA # 41591505
Archaeologist
A Taylored
Archaeology
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Chapter 5- Mitigation, Monitoring, & Reporting Program
Hope Elementary School Water System Improvements Project October 2024 5-1
CHAPTER 5 MITIGATION,

MONITORING, AND REPORTING

PROGRAM
This MMRP has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Project. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

Table 5-1: Mitigation, Monitoring, and Reporting Program presents the mitigation measures identified for the Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

The first column of Table 5-1: Mitigation, Monitoring, and Reporting Program identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of the monitoring of the mitigation measure. The fourth column, “Agency Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last columns will be used by the Lead and Responsible Agencies to ensure that individual mitigation measures have been complied with and monitored.

Chapter 5- Mitigation, Monitoring, & Reporting Program
Hope Elementary School Water System Improvements Project October 2024 5-2
Table 5-1: Mitigation, Monitoring, and Reporting Program Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
Biological Resources
BIO-1 A)
(Avoidance) The Project’s construction activities will
occur, if feasible, between September 1 and January
31 (outside of the nesting bird season) to avoid
impacts to nesting birds.

Prior to the start of
construction activities Daily Hope Elementary School District Contractor’s
construction
schedule
BIO-1 B)
(Pre-construction Surveys) If activities must occur
within the nesting bird season (February 1 to August
31), a qualified biologist will conduct a preconstruction survey for active migratory bird nests no more than seven days prior to the start of the
construction within the project site and surrounding
lands up to 100 feet from the project site and for
active raptor nests within the project site and all
accessible lands up
Prior to the start of
construction activities
7 days prior to the
start of
construction
Hope Elementary
School District
Qualified
Biologist
report of preconstruction
survey
BIO-1 C)
(Avoidance Buffers) On discovery of any active nests
near work areas, the biologist will determine
appropriate construction setback distances
(avoidance buffers) based on applicable CDFW
and/or USFWS guidelines, the biology of the species,
and work and site conditions. If necessary,
avoidance buffers will be identified with flagging,
fencing, or other easily visible means, and will be
maintained until the biologist has determined that
the nestlings have fledged.

Prior to the start of
construction activities
7 days prior to the
start of
construction
Hope Elementary
School District
Qualified
Biologist
report of preconstruction
survey
Cultural Resources
CUL-1
(Archaeological Resources) In the event that
archaeological resources are encountered at any
time during construction, development or any
ground-moving activities within the entire Project
area, all work in the vicinity of the find shall halt until a qualified archaeologist can assess the discovery.

The Project applicant shall implement all
recommendations of the archaeologist necessary to
avoid or reduce to a less than significant level
potential impacts to cultural resource. Appropriate
During construction
activities Daily Hope Elementary School District
Hope
Elementary
School District
with
assistance of
a qualified
archaeologist
Chapter 5- Mitigation, Monitoring, & Reporting Program
Hope Elementary School Water System Improvements Project October 2024 5-3
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
actions could include a Data Recovery Plan or
preservation in place.

CUL-2
(Human Remains) If human remains are uncovered,
or in any other case when human remains are
discovered during construction, the Tulare County
Coroner is to be notified to arrange proper
treatment and disposition. If the remains are
identified—on the basis of archaeological context,
age, cultural associations, or biological traits—as
those of a Native American origin, California Health
and Safety Code 7050.5 and Public Resource Code
5097.98 require that the coroner notify the NAHC
within 24 hours of discovery. The NAHC will then
identify the Most Likely Descendent (MLD) who will
determine the manner in which the remains are
treated.

During construction
activities Daily Hope Elementary School District
Hope
Elementary
School District
with
assistance of
County
Coroner
Geology and Soils
GEO-1
(Paleontological Resources) Should a unique
paleontological resource, site, or unique geological
feature be unearthed during any stage of Project
activities, work in the area of discovery will cease
until the area is evaluated by a qualified geologist
and/or paleontologist. If discoveries are uncovered,
the Project proponent will abide by
recommendations of the geologist or
paleontologist.

During construction
activities Daily Hope Elementary School District
Hope
Elementary
School District
with
assistance of
a qualified
geologist
and/or
paleontologist
Item No. 17.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Authorization of an Amended and Restated Development Agreement and Introduction of an Ordinance Relating to the Cannabis Express Dispensary SOURCE: City Manager's Office
COMMENT: On July 24, 2023, the City Council approved a Development Agreement with Cannabis Express, Inc., which was recorded on August 2, 2023. The agreement authorized the establishment and operation of a licensed commercial cannabis dispensary at 200 North Main Street, consistent with the City’s municipal code and applicable State laws.

Since its approval, Cannabis Express has maintained operations in compliance with City and State cannabis regulations. Following updates to State law and the City’s cannabis ordinances, Cannabis Express has requested an amendment to the existing agreement to update certain operating provisions, including adjustments to security staffing requirements to align with current State standards under the California Business and Professions Code and California Code of Regulations.

The proposed Amended and Restated Development Agreement incorporates these updates and clarifications, reaffirming the City’s existing regulatory authority and the business' continued compliance obligations. The amended agreement also continues the existing community benefit provisions requiring the annual payment of the greater of one percent of gross receipts or thirty thousand dollars to the City to support community programs, beautification efforts, and public safety initiatives.

The agreement maintains the same term, expiring on August 31, 2038, with an option for one five-year extension subject to compliance with the City’s ordinances and Development Agreement provisions. Other sections, including insurance requirements, security protocols, environmental compliance, and operational standards, remain consistent with the City’s adopted cannabis framework.

The companion ordinance formally approves and adopts the Amended and Restated Development Agreement and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City.

Item No. 17.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive public testimony regarding the proposed Amended and Restated Development Agreement between the City of Porterville and Cannabis Express, Inc., relating to the continued operation of its commercial cannabis dispensary located at 200 North Main Street,
Porterville, California;

2. Approve the draft ordinance; give first reading by title only, and order the Ordinance to print; and

3. Waive further reading and schedule the second reading and adoption for the next regular City Council meeting, pending final review and approval by the City Attorney.

ATTACHMENTS: 1. Draft Development Agreement

2. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103

AMENDED AND RESTATED COMMERCIAL CANNABIS DISPENSARY

DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND
CANNABIS EXPRESS, INC.

THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this ___ day of MonthJuneOctober, 20235, (the “Execution Date”), by and between the CITY OF PORTERVILLE, a California municipal corporation (“City”) and CANNABIS EXPRESS, INC. ("Owner"). City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement:

RECITALS
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements (and amendments thereto) with those having legal or equitable interests in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction;
WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Owner, and to meet certain public purposes of the local government; WHEREAS, the City has adopted Municipal Code Article 609, establishing the procedures and requirements for the consideration of development agreements with the City;
WHEREAS, Owners currently hold legal or equitable interest in real property 2 considered in this Agreement which has a development area approximately 3,850 square feet located at 200 North Main Street, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 253-182-001, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, the owner and CEO of Cannabis Express, Inc., Darin Garrett, owns the site/real property for the purpose of commercial cannabis related activities, specifically the development and operation of a commercial cannabis dispensary. Such Commercial Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; the City of Porterville Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”), and all Resolutions and procedures adopted or authorized by the City in accordance with those laws and regulations. Prior to operating a commercial dispensary Owner shall be required to obtain a Commercial Cannabis Permit from the City, and all related permits and licenses prior to the operation of same, pursuant to Chapter 15, Article VII and Chapter 21, Article 609 of the Porterville Municipal Code.

WHEREAS, Owner has obtained or will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate a commercial storefront dispensary at the Site. The definition of "Property Owner" hereunder shall mean and refer to the fee simple owner of the property. The definition of “Owner” hereunder shall mean and refer to any authorized tenant of the Site to the extent such party holds or is covered by a Commercial Cannabis Permit;
WHEREAS, Owner has applied to thisthis permit with the City for a Commercial Cannabis Permit (hereinafter "CCP”) to conduct Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, a Commercial Cannabis Permit, and all requirements pursuant to the above-referenced City regulations;
WHEREAS, on July 24, 2023, the Owner and the City, after a duly noticed public hearing and authorization by the City Council, entered into a Commercial Cannabis Dispensary Development Agreement Between the City of Porterville and Cannabis Express, Inc., which was recorded on August 2, 2023; .

WHEREAS, Owner presently intends to has developed and operatesn a commercial storefront dispensary on the Site consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”); .

WHEREAS, the Project will consists of: one commercial building totaling approximately 3,850 square feet; .
3 WHEREAS, in 2019, Ordinance Nos. 1853 and 1854 came into effect authorizing specified Commercial Cannabis Activities within the City of Porterville, in strict compliance with related State of California laws, regulations and policies, under specified conditions and provisions;
WHEREAS, on ____________, 2025, the City of Porterville adopted Amendments to the Ordinances Nos. 1853 and 1854, adding some additional flexibilities permitted by State law concerning the operations of Cannabis Dispensaries; WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied; WHEREAS, the City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances;

WHEREAS, the City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner(s) has represented to City that it would not consider or engage in the Project absent City approving this Agreement;
WHEREAS, the City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below; WHEREAS, in conjunction with the City’s applicable ordinances and resolutions, the Zoning Administrator of the City reviewed, considered and recommended environmental clearance and recommended approval of the execution of this Agreement to the City Council. The Zoning Administrator found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely 4 affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on the City;
WHEREAS, after conducting a duly noticed hearing on INSERT DATEOctober 21, 2025, in conjunction with the City’s applicable ordinances and resolutions, and after independent review and consideration, the City Council approved the execution of this Amended Agreement. The City Council found this Amendment is e Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Porterville and its residents.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

1. Government Code and Municipal Code Required Elements  Description of Property. Land situated in the City of Porterville, County of Tulare, State of California; whose street address is 200 North Main Street, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 253-182-001.
 Owner and Other Person with Legal or Equitable Interest.

Owner: Darin Garrett
Nature of Interest: Owner
If Owner is not the fee simple owner of the Site, check box below:
[ X] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit A).
 Permitted Uses. The subject property may be used for commercial storefront cannabis dispensary as presently authorized under City Chapter 15, Article VII of the Porterville Municipal Code, §§ 15-85 through 15-105 and Chapter 21, Section 301.23, and 609.01 through 609.11, and for any other use as authorized under applicable provisions of the Porterville Municipal Code.  Zoning. Owner shall guarantee that such activities outlined in Owner’s Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with the City’s municipal code, including the above-referenced zoning regulations and any and all development and construction requirements contained therein. Owner 5 shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from the City and State of California.
 Reservation or Dedication of Land for Public Purposes. If needed, sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.

2. Term
This Agreement shall commence on the date the Ordinance approving this Agreement goes into effect (the “Effective Date”) and it shall end fifteen (15) years from the starting dateAugust 31, 2038, and it shall remain in full force and effect so long as the subject property has been developed and is used for athe approved commercial cannabis facility as authorized under City Ordinance Nos. 1853 and 1854; provided, however, that such use must be commenced and begin operating within two (2) years of the Effective Date, and said operations/use is not abandoned for a period of more than ninety (90) days. This Agreement shall be extended for up to 1 additional 5-year period following the expiration of the initial fifteen (15) year term upon the occurrence of all of the following:
(i) The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial fifteen year term that the Owner desires to extend this Agreement for an additional 5-year period;
(ii) The Owner shows adequate evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interests for the duration of the extended term of the Agreement;
(iii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation; (iv) The Owner shall be in compliance with all provisions of Ordinance Nos. 1853 and 1854, and all terms imposed by the City-issued Commercial Cannabis Permit; and
(v) The Owner shall not be in default of any provision of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.

3. General Business/Store and Offices – The facility will maintain hours of 6 operation consistent with Section 15-87.L. of requirements specified in the Municipal Code, with generally a minimum of eight employees per shift. The parties may agree to a different number if warranted by the business volume.

4. Parking/Loading Access. The proposed project is located in Downtown Parking District 1 Zone A, which does not require parking spaces for businesses within it, if the building is three (3) floors or less. The project complies with the CALGreen Tier 1 by incorporating storm water pollution prevention measures, installing energy- and water-efficient equipment, and planting native and drought-tolerant landscaping at the front of the property.

5. Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side areas and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records. Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. In addition, the applicant will employ licensed security personnel or engage a licensed security company to provide an operational security plan in compliance with applicable City Regulations and policiesState law and regulations.

6. Owner’s Site and Floor Plans
 Owner’s site plan and floor plan for the facility are attached hereto as Exhibit B and incorporated into the Application.  A preliminary landscape plan shall be prepared and reviewed and approved by the City Manager, the Community Development Director, the Engineering and Project Management Director, and/or their respective designees.

A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities.
 An exterior signage plan shall be prepared and reviewed and approved by the appropriate City staff in accordance with the procedures and requirements of the Porterville Municipal Code. Owner agrees that it will not use the words “Cannabis” or “Marijuana” (or any forms or derivatives of the words) in the business name signage.

7. Facility Operations
 Standard Operating Procedures. Owner is a lawful entity that will only 7 transact business with other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a dispensary, Owner shall be required to obtain a Commercial Cannabis Permit, and all requirements pursuant to said permit, from the City pursuant to City Ordinance Nos. 1853 and 1854.

Further, and notwithstanding anything to the contrary, Owner may operate such cannabis-related activities as permitted in accordance with California state laws and regulations, as may be amended, including without limitation, as long as such activity is not inconsistent with Ordinance Nos. 1853 and 1854, this Development Agreement, the City-issued Commercial Cannabis Permit, and the Porterville Municipal Code.

During the term of its CCP and the term of this Agreement, Owner shall lawfully operate in accordance with all state and local laws. Owner shall employ exemplary operating procedures to comply with state and local laws. Owner’s facility shall employ safety and security measures for the safety and security of its employees, visitors, vendors, and neighboring communities and properties.

Owner shall fully comply with the minimum Operating Standards regulating the proposed Commercial Cannabis Activity as set forth in Article Chapter 15, Article 157, Sections 15-85 thorough15-105 of the Porterville Municipal Code, and those required by Ordinance No. 1853, as may be amended from time to time.  Security Plan. Owner shall secure approval of its proposed security plan by the City prior to operating, and has attached its draft plan as Exhibit C. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and/or security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system.

Equipment and systems used for video surveillance and building alarms shall be approved by City. See Porterville Municipal Code Section 15-87, subsections (N) and (O), for minimum security requirements.

Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, and sold in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the City of Porterville Police Department upon request.

The security system shall also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors. 8 Owner shall contract with or employ properly trained and licensed third-party security personnel in conformity with the requirements specified by applicable California law and regulations, to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel during all hours of business operations. Security personnel may be armed so long as proper licensing and insurance requirements are followed and met by the third-party operator providing such security services.

Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. The (nonlimited access) reception area shall be completely separated and secured from the dispensary operations, and shall be operated in conformity with all applicable laws and regulations, and by an employee at least 21 years of age, with concurrent monitoring by onsite security personnel.
 Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Porterville Fire Department has approved Owner’s site plan, floor plan, safety plan, and any other plans that require its approval.
 Possession of Firearms. Except for licensed and bonded security personnel, no person employed or contracted by Owner shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Porterville Police Department, ten (10) days before bringing the firearm onto the premises, with the following:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Porterville Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm.  Identification Display. Each owner, manager, employee, and individual member engaged in the operation of the business shall at all times while engaged 9 in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Owner.  Employee Background Checks and Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive the required background clearance pursuant to Section 15-89 of the Porterville Municipal Code shall be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation as required by the City, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the issuance of a Commercial Cannabis Permit(s) or license(s) to Owner.

Owner shall take all necessary and reasonable steps to prevent the sale or distribution of any of its cannabis products to minors; prevent revenue from the sale or distribution of its cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the sale of cannabis; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
 Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the cannabis products. The inventory control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.

Owner shall employ an electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements.  Record Keeping. Owner shall maintain records for all commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Ordinance No. 1853, Section 15-87(O) of the Porterville Municipal Code, including complete and up-to-date records regarding the amount of commercial cannabis delivered and sold, and applicable State law.  Commercial cannabis sales shall not create offensive odors; create 10 excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Owner shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room shall be constructed of fire-rate walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Owner’s facility. Owner will not conduct outdoor operations except as related to lawful delivery and transportation of commercial cannabis and infused products. Owner will not store commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

Any excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with state and county health and safety codes and regulations.
 Description of Banking Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Owner shall implement other industry standard banking and/or other industry standard transactional mechanisms.
 Transportation and Delivery Plan. Owner shall comply with all state and local law regarding transportation and delivery, including the rules governing delivery service. Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation and/or delivery of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date.

Owner will keep complete and up-to-date records documenting each delivery, including the amount/product(s) provided, the date and time provided, the name of the employee making the delivery, the name and address of the individual corporation to whom delivery is made, and the amount of the related sale/ monetary transaction.

8. Community Relations, Employment, and Wages
 Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and any other Owners of commercial cannabis dispensaries located within City of Porterville in the establishment and implementation of appropriate public outreach and education programs. The public outreach and 11 education programs shall be approved by City.
 Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of commercial cannabis facilities located within the City of Porterville in the City Council’s establishment and implementation, and the Owners’ funding of a community benefits program which could include such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, and special social and community organizations. This community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.

Owner agrees, as a business expense, to pay the City the yearly sum of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater, from the commercial operation on the Premises. Unless otherwise agreed to in writing by the parties the above amount shall be paid over the course of the calendar year on a quarterly basis, with payments due within 30 days of the end of each quarter. The first payment shall be due at within 30 days of the end of the first quarter for which the commercial operation at the Premises was operational and prorated to account for when during the quarter the opening occurred.
 Designation of Community Relations Liaison. Owner shall designate and identify, in writing, the personnel who show shall At the time of this Agreement, Owner’s day-to-day operations managers, Darin Garrett and/or Maria Marrero, will be responsible for community inquiries and complaints and on-site management during normal business hours.
 Interface with City of Porterville Police / Inspections. Owner’s day-to- day operations manager, and/or the Owner’s Community Relations Liaison, Darin Garrettas specifically designated and identified in writing, will interface with the Porterville Police Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Porterville Police Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, 12 without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See, Ordinance No. 1853, as well as Porterville Municipal Code Section 15-87, 15-96.

Owner's Initials
 Local Recruitment, Hiring, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources, including the Employment Connection, to identify qualified individuals who are City (or City area) residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. The Owner commits to a local annual hiring goal of 50% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 3-mile radius of the boundaries of the City’s boundaries. The Owner shall contact and work with a job referral agency (e.g. the Employment Connection) assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs within the City’s jurisdiction, and 3-mile radius of City boundaries. Applicants for jobs shall not be disqualified from hiring solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report.

9. Public Art Feature/Element. Owner agrees to provide a historical/artistic feature as a component of its project, located at or near the Property (for example, the completion of a mural located on the second story of the building along Putnam Avenue). The artistic feature will be subject to the review of the City Cannabis Ad Hoc Committee and City of Porterville Arts Commission, and the approval of the City Council, prior to the commencement of work on the feature. Work on the feature must be commenced within two years of the opening of the business.

10. Indemnification Agreement by each Cannabis Permittee Pursuant to Ordinance Nos.1853 and 1854, and including Porterville Municipal Code Section 15-87(T), tTo the fullest extent permitted by local, state and/or federal law, the City of Porterville shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or executed a Development Agreement pursuant Ordinance No. 1853 and Chapter 609 of the Formatted: Indent: Left: 0.57", First line: 0", Bulleted + Level: 3 + Aligned at: 0.08" + Indent at: 0.58"
13 Development Code, or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit and to the execution and approval of a Development Agreement, the Owner shall be required to meet all the conditions enumerated in Porterville Municipal Code Sections 15-85 through 15-105, before this Agreement may be executed, and before they can receive the Commercial Cannabis Permit. The City Manager shall require the Owner and Property Owner/each Commercial Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee, and/or arising out of Owner’s or Property Owner’s obligations under this Agreement. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit E, and incorporated herein by this reference, is true and correct copy of a fully executed Indemnification Agreement.

11. Fees, Costs, and Taxes
 Permit Fees. Owner agrees to pay all permit fees and charges authorized and referenced in Ordinance Nos. 1853 and 1854the City’s regulations,, all amounts adopted by City Council and as required by applicable laws and regulations, and any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made or renewed.
 Cannabis Business Tax. Owner shall comply with all provisions of Ordinance No. 1875, and Porterville Municipal Code Chapter 22, Article VI, which requires every person engaged in a Commercial Cannabis Business in the City to pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council, but no more than 10% of annual gross receipts.

Resolution No. 99-2020, adopted by the City Council on December 15, 2020, has currently set the rate at 7% of annual gross receipts per fiscal year.

Copies of Tax Filings. Owner shall additionally provide the City with courtesy copies of each and every report Owner is required to provide to the County of Tulare or the State of California for sales, use, or other tax purposes at the time such filings are made.

12. Insurance
 Insurance. Owner shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, “Owner” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City.
14  General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) each occurrence. Such insurance shall also:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
 Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement.

The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insureds; 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives; 3) Contain standard separation of insured provisions.
 Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such 15 insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
 Other Insurance Requirements. Owner shall do all of the following:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. 2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.

13. Termination
 Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
 Termination for Default. This Agreement may be terminated upon the Owner’s default, in accordance with Section 16 below.
 Effect of Termination on Owner’s Obligations. Termination of this Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available Formatted: Indent: Left: 0.57", No bullets or
numbering
16 remedies or damages based upon acts or omissions occurring before termination.  Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.  Survival After Termination. The rights and obligations of the Parties set forth in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

14. Resources Efficiency
Owner shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.

15. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shall comply with all state and local building and construction laws, regulations, and guidelines. The Project shall comply with the applicable parking standards established by the City for these particular cannabis activities.

16. Defaults and Remedies
 Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default and constitute grounds to terminate the Agreement and/or pursue available legal remedies. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.
17 After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may terminate this Agreement and/or institute legal proceedings pursuant to this Agreement.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement including but not limited to the termination of this Agreement, except that City shall not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages:.
1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to City and its employees pursuant to the Government Liability Act and all other applicable statutes and decisional law.

Except as set forth in the preceding paragraph relating to eminent domain, Owner’s remedies shall be limited to those set forth in this Section.

Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property.
 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non- 18 monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
1) Except as provided in this Agreement, money damages are unavailable against City.
2) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
 Release. Except for those remedies set forth in this Agreement, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Section shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.

Owners’ Initials
19  Termination of Agreement for Default of City. Owner may terminate this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Porterville, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
 Attorneys’ Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by City. If City terminates this Agreement because of Owner’s default, then City shall retain any and all benefits, including money or land received by City hereunder.

17. Third Party Litigation
 General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City’s determination.

City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that 20 this Agreement or any of City’s actions in adopting it were invalid, inadequate, or not in compliance with the law.
 Hold Harmless Agreement. To the fullest extent permitted by law, Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner’s contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner’s contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.  Indemnification. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel. This Indemnification is provided in addition to that set forth in Section 7.  Environmental Contamination. To the fullest extent permitted by law, Owner shall indemnify and hold City, its elective and appointive boards, 21 commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. This Indemnification is provided in addition to that set forth in Section 7.

The provisions of this Section do not apply to environmental conditions that predate Owner’s ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner’s statutory or equitable obligations as an owner or seller of the Property.
 City to Approve Counsel. With respect to this Section, City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld.  Accept Reasonable Good Faith Settlement. With respect to this Section, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section does not apply to any settlement that requires an exercise of City’s police powers, limits City’s exercise of its police powers, or affects the conduct of City’s municipal operations.
 Survival. The provisions of this Section inclusive, shall survive the termination or expiration of the Agreement.

18. California Environmental Quality Act
Owner shall pay all fees and reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Owner shall conduct and pay for any required CEQA reviews and 22 analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 – Existing Facilities. This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301.

19. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor does this Agreement prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.

20. Commercial Cannabis Permit Conditions of Approval
Owner shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit.

21. Periodic Reviews
This Agreement shall be subject to annual review. Owner shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shall increase Owner’s liability nor reduce Owner’s rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
 Periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner’s good faith compliance with this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Community Development Department. The Department will schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Owner has no obligation to compel such hearing, and no implication will be made to Owner’s detriment if a hearing is not in fact held. Owner shall document any request for an extension of the term due to delays beyond the control of Owner (see Section 25, “Force 23 Majeure”).
 Conditional Use Permit. For all intents and purposes, the Commercial Cannabis Permit to be issued under this Agreement shall be treated as if it were a Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement.
 Special Review. City Council may order a special review of compliance with this Agreement at any time. The Community Development Director or his or her designee shall conduct such special review. During a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner.  Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.  Certificate of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.

City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Owner.
 Failure to Conduct Review. City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement.

22. Assignment
Assignment by Owner. Owner shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement, unless and except for as specifically authorized in this Section. Any assignment, delegation, or subletting inconsistent with the terms and conditions of this Agreement shall be null and void.

Limited Assignment Authorization. During the term of this Agreement or the legal 24 extension of this Agreement as authorized in Section 2 above, and solely in the event of Darin Garrett’s death, or his complete and permanent physical or mental incapacity, this Agreement and its interests, rights, duties and obligations shall be solely assignable to Jacob Forrester Garrett, provided that Jacob Forrester Garrett holds an authorized position with Cannabis Express, Inc., and is eligible under, and has complied with (and continues to comply with) all applicable laws, regulations and license transfer requirements related to the operation of the business.

23. Operating Commercial Cannabis Facility
Any party to this Agreement, shall not operate a commercial cannabis facility authorized under the municipal code unless it is the holder of a valid applicable State Cannabis License and a Commercial Cannabis Permit issued by City in accordance with the procedures and requirements of Chapter 15, Article VII of the Porterville Municipal Code.

24. Notice
Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Porterville
291 North Main St.

Porterville, CA 93257
Attention: City Manager
and City Attorney, Porterville
McCormick, Kabot & Lew
4010 S. Demaree Street
Visalia, CA 93277
If to Owner: Cannabis Express, Inc.
c/o Darin A. Garrett, CEO
25 200 Main Street
Porterville, CA 93257

25. Miscellaneous Provisions
 Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest.
 Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
 Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement.

However, this Agreement is subject to the City's "Reserved Powers." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Marijuana Laws or California Uniform Codes, as adopted by the City of Porterville, and/or the Porterville Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).

If any City ordinance, rule or regulation or addition to the Porterville Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Commercial Cannabis Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner in this Agreement, then such changes, additions or deletions to the Porterville Municipal Code shall not be applied to the Site or Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be 26 appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law.

Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the City’s development standards and design guidelines.  Joint and Several Liability. Cannabis Express Inc. shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement of failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
 Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect.  Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
 Jurisdiction. The law governing this Agreement shall be that of the State of California. The parties agree that this Agreement is entered into and to be performed in Tulare County, California.
 Disclaimer. Despite California’s commercial cannabis laws and the terms and conditions of this Agreement, or any Commercial Cannabis Permit issued pertaining to Owner or the property specified herein, California commercial cannabis possessors or business operators may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.  Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project.
 Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest 27 to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.  Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Tulare County Recorder within the period required by Government Code Section 65868.5.  Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property.
 Changes to Project. The parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 28  Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and (i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all applicable fees in connection with securing of such permits, licenses or other authorizations.

Effective Date. “Effective Date” means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Amended Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

CITY OF PORTERVILLE OWNER
CANNABIS EXPRESS, Inc.
29 Name: Darin A. Garrett
Mayor Title: Chief Executive Officer

APPROVED AS TO FORM:

City Attorney
APPROVED AS TO FORM:
_______________________________
Attorney for Owner
APPROVED AS TO FORM:
_______________________________
Attorney for Property Owner
1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND CANNABIS EXPRESS, INC. RELATING TO ITS CANNABIS DISPENSARY WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California State Legislature adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter in agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property;
WHEREAS, in accordance with the Development Agreement Statute, the City of Porterville has enacted regulations to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; WHEREAS, in accordance with Chapter 15, Article VII of the Porterville Municipal Code, the City of Porterville awarded, via a Request for Proposals process, an opportunity to Cannabis Express, Inc. to negotiate a Development Agreement and apply for a Cannabis Business regulatory permit for the establishment of a Retail Cannabis Dispensary;
WHEREAS, Pursuant to Chapter 15, Article VII, Section 15-87, subsection C. of the Porterville Municipal Code, no approval for a cannabis business regulatory permit may be granted unless the City Council, prior to or concurrently with such approval, also approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of Article VII of Chapter 15, all other local ordinances and regulations, state law and such other requirements promulgated by the City in order to protect and promote the public health, safety and welfare.

WHEREAS, the City and Cannabis Express, Inc. duly met, negotiated, and agreed upon the terms and conditions for said operation of the commercial cannabis business, to be operated at 200 North Main Street, Porterville, California;
WHEREAS, pursuant to Chapter 15, Article VII, Section 15-87, subsection C, the City and Cannabis Express, Inc. entered in a Commercial Cannabis Dispensary Development Agreement on July 24, 2023 (recorded August 2, 2023), and has developed and is operating a licensed dispensary at that location; WHEREAS, the owner of Cannabis Express, (“Premium Blossom”) has requested a modification to the City’s requirements in the Agreement for contracted security; WHEREAS, the City Council desires make the modification, which also conforms to the security personnel requirements to the requirements set forth pursuant to California Business and Professions Code Section _______, and as further described in the California Code of Regulations __________; WHEREAS, the City Council has also opted to make additional changes in conformity with updates to its cannabis ordinances and applicable State law; and 2 WHEREAS, pursuant to Section 65867 of the California Government Code, and the City’s Development Agreement regulations, the City Council on October 14, 2025, held a duly noticed public hearing concerning whether to adopt the Amended Development Agreement, during which public hearing, the Council received any comments from the Developer, City staff, and members of the public.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Amended and Restated Development Agreement attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of California Government Code Section 65854 et seq., and pursuant to the City’s Development Agreement regulations.

SECTION 3. In accordance with the City’s Development Agreement regulations, the City Council hereby finds and determines, as follows:
(a) The Amended Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, in that it establishes certain development rights, obligations and conditions for the implementation of the subject property; (b) The Amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the general plan designations which will apply to the subject property; (c) The Amended Development Agreement is in conformity with public convenience, general welfare and good land use practice;
(d) The Amended Development Agreement will not be detrimental to the public health, safety and general welfare; and
(e) The Amended Development Agreement will not adversely affect the orderly development of property or preservation of property values.

SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) The City’s General Plan, and any applicable amendments thereto. (c) All City staff reports (and all other public reports and documents) prepared for the City Council, related to the Development Agreement, and other actions relating to the subject property;
(d) All documentary and oral evidence received at the public hearing or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the subject property; and
(e) All other matters of common knowledge to the City Council, including but not limited to the City’s fiscal and financial status, City general ordinances, policies and regulations.

SECTION 5. The City Council hereby approves the Amended Development Agreement, attached hereto as Exhibit A, subject to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City 3 Attorney prior to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, as approved by the City Council.

SECTION 6. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment.] The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

SECTION 7. Upon the effective date of this Ordinance as provided in Section 11 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement on behalf of the City of Porterville.

SECTION 8. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Agreement.

SECTION 9. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 10. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent.

SECTION 11. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage and adoption. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

PASSED, APPROVED AND ADOPTED this _______day of November, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: ________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 18.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Approval of the Porterville 100 Logo
SOURCE: City Manager's Office
COMMENT: In recognition of the City of Porterville’s upcoming 100-year anniversary as a charter city, staff and the Heritage Committee have collaborated to develop a commemorative logo to be used throughout the City’s centennial celebration in 2026.

The logo design reflects both the City’s proud agricultural heritage and the broader Americana theme in celebration of America’s 250th birthday. The design thoughtfully incorporates an image of the Farmer Statue, a well-known Porterville landmark that honors the City’s deep agricultural roots and the generations of hardworking families who helped build the community.

The logo was designed by Jenna Salazar, CEO of Transit Media, Inc., a Porterville-based business. Ms. Salazar is a local resident and United States veteran who partnered with the Heritage Committee and City staff to create a design that honors the City’s past while embracing its future. The final product balances historical symbolism with a modern, unifying look appropriate for City communications, signage, and public events.

The Porterville 100 Logo will serve as the official emblem for all centennialrelated activities, publications, and marketing materials. The logo will be displayed on advertisements, City vehicles, uniforms, marketing materials, and products for sale. Its use will help foster civic pride, promote community engagement, and celebrate the City’s enduring place in America’s story.

City staff will coordinate with all departments to ensure consistent and appropriate use of the logo across City platforms, printed materials, and public outreach efforts leading up to and throughout the centennial year.

RECOMMENDATION: That the City Council approve the Porterville 100 Logo as the official emblem for the City’s 100-year charter anniversary celebration.

Item No. 18.

ATTACHMENTS: 1. Design Proof Porterville 100_final (1)
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 19.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Consideration of Adoption of Resolution Approving the City of Porterville's Position Pay Plans
SOURCE: Administrative Services
COMMENT: California Code of Regulations (CCR) Title 2, Section 570.5 mandates that publicly available pay schedules must be adopted by the governing body of the agency and meet specific criteria in order for compensation to be reportable to CalPERS for retirement purposes. To remain compliant with CalPERS requirements, any changes to salary schedules must be adopted by the City Council in an open meeting.

The attached position pay plans include all amendments following the 2025 negotiations with all employee groups. This process ensures the City's continued compliance with CalPERS reporting standards.

RECOMMENDATION: That the City Council adopt the draft resolution approving and ratifying the City of Porterville's Position Pay Plans.

ATTACHMENTS: 1. Draft Resolution

2. 9-1-25 Appendix C

3. 9-16-25 Appendix C

4. New 10-1-25 Appendix C
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 APPROVING AND ADOPTING
THE POSITION PAY PLANS FOR 2025
WHEREAS, the City Council of the City of Porterville has determined and reiterated that an Employee Pay and Benefit Plan and Position Pay Plan are essential for the proper administration of the City’s affairs; and
WHEREAS, the changes to the Position Pay Plans for 2025 have all been approved via Resolutions of the City Council; and
WHEREAS, the California Public Employees’ Retirement System has requested Council ratification of Position Pay Plans per California Code of Regulations Title 2, Section 570.5.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby approve the revised Position Pay Plans for 2025, attached hereto and incorporated herein by this reference as Exhibits A, B, and C.

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.
_______________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
1 APPENDIX C
City of Porterville Position Pay Plan
Effective Date: September 1, 2025

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Abatement Worker 3 173 3683 4494 3 40 2
Accountant I 1 207 5166 6305 1 P 1
Accountant II 2 221 5939 7249 1 E 1
Account Clerk I 1 151 2959 3610 3 40 2
Account Clerk II 6 161 3268 3988 3 40 2
Account Clerk III 0 165 3401 4150 2 A 1
Accounting Technician 1 175 3757 4584 2 A 1
Administrative Aide 3 189 4319 5270 1 A 1
Administrative Aide (Limited Term) 0 189 4319 5270 1 A 1 Administrative Aide-Housing 2 189 4319 5270 1 A 1
Administrative Analyst I 1 207 5166 6305 1 E 1
Administrative Analyst II 2 221 5939 7249 1 E 1
Administrative Assistant 5 163 3334 4068 2 A 1
Administrative Assistant to the
Chief of Police 1 163 3334 4068 3 40 5
Administrative Services Manager 1 248 7772 9483 1 E -
Administrative Services Director 1 271 9770 12042 1 E - Adult Lit. Prog. Coord. (Lt. Term) 0 189 4319 5270 1 E 1 Airport Services Coordinator 0 192 4449 5430 1 E 1
Animal Control Officer 0 163 3334 4068 3 40 5
Animal Shelter Supervisor 1 208 5218 6368 3 40 5
Assistant City Engineer 1 247 7695 9389 1 P 1
Assistant City Manager 1 281 10792 13435 1 E -
Assistant Construction Project Mgr. 1 215 5595 6828 1 E 1 Assistant Engineer 1 215 5595 6828 1 P 1
2 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Assistant Engineer (Limited Term) 0 215 5595 6828 1 P 1 Assistant Field Services Manager 0 234 6760 8250 1 A 1
Assistant Finance Director 1 248 7772 9483 1 E 1
Assistant Planner 1 207 5166 6305 1 P 1
Assistant Project Manager 1 215 5595 6828 1 E 1
Associate Engineer 2 226 6242 7619 1 P 1
Associate Planner 1 221 5939 7249 1 P 1
Building Inspector I 1 199 4770 5822 3 40 2
Building Inspector II 1 209 5270 6432 3 P 2
Building Permit Technician 1 189 4319 5270 1 A 1
Chemist I 1 213 5485 6693 1 P 1
Chemist II 0 221 5939 7249 1 P 1
Chief Building Inspector 1 226 6242 7619 1 E 1
Chief Building Official 1 236 6896 8416 1 E 1
Chief Deputy City Clerk 1 221 5939 7249 1 E 1
Chief Financial Officer 0 251 8007 9770 1 E -
Chief of Parks & Leisure Svcs. Ops. 0 247 7695 9389 1 E - City Attorney (part time) Flat
City Engineer 1 253 9169 9966 1 E 1
City Librarian 1 226 6242 7619 1 E 1
City Manager 1 CONTRAC
T
16701 16701 1 E -
City Planner 1 248 7772 9483 1 E 1
Clerical Assistant I 2 151 2959 3610 3 40 2
Clerical Assistant I (Limited Term) 1 151 2959 3610 3 40 2 Clerical Assistant II 6 156 3110 3794 3 40 2
Clerical Assistant III 2 161 3268 3988 3 A 2
Clerical Assistant Trainee 0 148 2871 3504 3 40 2
3 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Code Enforcement Officer 3 173 3683 4494 3 40 5
Code Enforcement Officer II 1 193 4494 5485 3 40 5
Communications Dispatcher 15 176 3794 4630 3 40 5
Communications Dispatcher (Lt.

Term) 0 176 3794 4630 3 40 5
Communications Supervisor 1 196 4630 5651 3 40 5
Community Development
Director 1 271 9770 12042 1 E -
Community Development
Manager 0 248 7772 9483 1 E 1
Community Services Officer I 7 173 3683 4494 3 40 5
Community Services Officer II 1 183 4068 4964 3 40 5
Construction/Project Manager 1 236 6896 8416 1 P 1
Crisis Intervention Specialist 1 193 4494 5485 3 40 5
Deputy City Clerk 0 207 5166 6305 1 A 1
Deputy City Manager 1 286 11345 14121 1 E -
Deputy Public Works Director/ City
Engineer 0 259 8671 10580 1 E -
Deputy Public Works Director/
Field Services Manager 0 259 8671 10580 1 E -
Development Assistant 1 207 5166 6305 1 P 1
Development Assistant: Housing 0 207 5166 6305 1 P 1
Development Associate 1 221 5939 7249 1 P 1
Economic Dev. & Housing Mgr. 1 248 7772 9483 1 E 1
Electrician/Instrument Technician 1 194 4538 5540 3 40 2 Encampment Maintenance
Worker 0 173 3683 4494 3 40 2
Engineering & Building Technician 2 175 3757 4584 3 40 2 Engineering Inspector I 0 199 4770 5822 3 P 2
Engineering Inspector II 2 209 5270 6432 3 P 2
Engineering & Project
Management Director 1 271 9770 12042 1 E -
Engineering Specialist I 0 179 3909 4770 3 40 2
4 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Engineering Specialist II 2 190 4361 5323 3 40 2
Engineering Specialist III 1 199 4770 5822 3 P 2
Engineering Specialist III – (Lt.

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

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Human Resources Aide 2 189 4319 5270 1 A 1
Human Resources Analyst I 0 207 5166 6305 1 A 1
Human Resources Analyst II 0 221 5939 7249 1 E 1
Human Resources Assistant 0 163 3334 4068 2 A 1
Industrial Waste Inspector I 0 198 4723 5765 3 P 2
Industrial Waste Inspector II 0 209 5270 6432 1 P 1
Information Technology Analyst I 1 207 5166 6305 1 E 1
Information Technology Analyst II 1 221 5939 7249 1 E 1 Information Technology Manager 1 248 7772 9483 1 E 1
Information Technology
Technician 0 175 3757 4584 3 40 2
Lab Attendant 0 167 3469 4233 3 40 2
Lab Superintendent 1 229 6432 7850 1 E 1
Lab Supervisor 0 229 6432 7850 1 E 1
Lab Technician I 0 182 4028 4915 3 40 2
Lab Technician II 1 192 4449 5430 3 40 2
Lab Technician III 0 202 4915 5998 3 P 2
Leisure Services Coordinator 2 174 3719 4538 3 40 2
Leisure Servs Coordinator (Lt.

Term) 0 174 3719 4538 3 40 2
Leisure Services Superintendent 0 212 5430 6627 1 E 1
Leisure Services Supervisor 1 190 4361 5323 1 E 1
Library Assistant 7 161 3268 3988 3 40 2
Library Assistant (Limited Term) 0 161 3268 3988 3 40 2 Library Assistant Trainee 0 148 2871 3504 3 40 2
Library Supervisor I 1 179 3909 4770 1 E 1
Library Supervisor II 1 190 4361 5323 1 E 1
Live Release Coordinator 1 173 3683 4494 3 40 5
Mechanic I 0 174 3719 4538 3 40 2
6 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Mechanic II 7 187 4233 5166 3 40 2
Mechanic Assistant 0 161 3268 3988 3 40 2
Meter Reader 4 166 3435 4191 3 40 2
Operations and ADA Coordinator 1 212 5430 6627 1 A 1
Parks & Leisure Services Director 1 271 9770 12042 1 E - Parks and Leisure Services
Specialist 1 218 5765 7035 1 P 1
Parks Maintenance Worker I 3 158 3018 3683 3 40 2
Parks Maintenance Worker II 11 168 3504 4276 3 40 2
Parks Maintenance Worker II (PD) 1 168 3504 4276 3 40 2 Parks Maintenance Worker III 3 178 3870 4723 3 40 2
Parks Superintendent 1 218 5765 7035 1 E 1
Parks Supervisor 1 190 4361 5323 1 E 1
Planning Technician 0 175 3757 4581 3 A 2
Police Clerical Assistant 1 161 3268 3988 3 40 5
Police Crime Analyst 1 207 5166 6305 3 40 5
Police Officer Trainee 5 173 3683 4494 3 40 5
Police Services Supervisor 0 204 5014 6119 1 A 1
Principal Civil Engineer 1 236 6896 8416 1 P 1
Project Manager 1 226 6242 7619 1 E 1
Property & Evidence Technician 2 168 3504 4276 3 40 5
Public Education Officer 0 163 3334 4068 3 40 5
Public Safety IT Analyst I 1 208 5218 6368 3 40 5
Public Works Director 1 281 10792 13435 1 E -
Purchasing Agent 0 210 5323 6496 1 E 1
Records Specialist 4 166 3435 4191 3 40 5
Records Coordinator 1 163 3334 4068 3 40 2
Assistant Communication
Dispatch Supervisor 1 181 3988 4866 3 40 5
7 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Records Supervisor 1 181 3988 4866 3 40 5
Senior Planner 1 226 6242 7619 1 P 1
Storekeeper 0 166 3435 4191 3 40 2
Transportation Director 1 271 9770 12042 1 E -
Transportation Manager 1 248 7772 9483 1 E 1
Utility Billing Supervisor 1 207 5166 6305 1 A 1
WWTF Operator Superintendent 1 226 6242 7619 1 E 1
WWTF Operator I 0 168 3504 4276 3 40 2
WWTF Operator II 6 177 3832 4676 3 40 2
WWTF Operator III 2 195 4584 5595 3 40 2
WWTF Operator Trainee 0 148 2871 3504 3 40 2
Water Systems Specialist 1 201 4866 5939 1 A 1
Water Utility Superintendent 1 226 6242 7619 1 E 1
Water Utility Worker I 1 168 3504 4276 3 40 2
Water Utility Worker II 14 177 3832 4676 3 40 2
Water Utility Worker III 3 195 4584 5595 3 40 2
Zalud House Curator 0 149 2900 3539 3 40 2
8 PUBLIC SAFETY POSITIONS
Fire Protection:

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

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

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

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

DESIGNATION

OVERTIME CITY DESIGNATION

1. Management Employees No Compensation for Overtime Work

2. Confidential Employees Shall be Paid for Overtime Work

3. General Series Employees Shall be Paid for Overtime Work

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

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

EMPLOYEE GROUP DESIGNATION (REPRESENTATION)

1. Management and Confidential Series

2. Porterville City Employees’ Association

3. Porterville Peace Officers’ Association

4. Porterville City Firefighters’ Association

5. Public Safety Support Unit

6. Fire Officer Series
- Unrepresented Management
1 APPENDIX C
City of Porterville Position Pay Plan
Effective Date: September 16, 2025

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Assistant Engineer (Limited Term) 0 215 5595 6828 1 P 1 Assistant Field Services Manager 0 234 6760 8250 1 A 1
Assistant Finance Director 1 248 7772 9483 1 E 1
Assistant Parks and Leisure
Services Director 0 248 7772 9483 1 E 1
Assistant Planner 1 207 5166 6305 1 P 1
Assistant Project Manager 1 215 5595 6828 1 E 1
Associate Engineer 2 226 6242 7619 1 P 1
Associate Planner 1 221 5939 7249 1 P 1
Building Inspector I 1 199 4770 5822 3 40 2
Building Inspector II 1 209 5270 6432 3 P 2
Building Permit Technician 1 189 4319 5270 1 A 1
Chemist I 1 213 5485 6693 1 P 1
Chemist II 0 221 5939 7249 1 P 1
Chief Building Inspector 1 226 6242 7619 1 E 1
Chief Building Official 1 236 6896 8416 1 E 1
Chief Deputy City Clerk 1 221 5939 7249 1 E 1
Chief Financial Officer 0 251 8007 9770 1 E -
Chief of Parks & Leisure Svcs. Ops. 0 247 7695 9389 1 E - City Attorney (part time) Flat
City Engineer 1 253 9169 9966 1 E 1
City Librarian 1 226 6242 7619 1 E 1
City Manager 1 CONTRAC
T
15000 15000 1 E -
City Planner 1 248 7772 9483 1 E 1
Clerical Assistant I 2 151 2959 3610 3 40 2
Clerical Assistant I (Limited Term) 1 151 2959 3610 3 40 2 Clerical Assistant II 6 156 3110 3794 3 40 2
Clerical Assistant III 2 161 3268 3988 3 A 2
3 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Clerical Assistant Trainee 0 148 2871 3504 3 40 2
Code Enforcement Officer 3 173 3683 4494 3 40 5
Code Enforcement Officer II 1 193 4494 5485 3 40 5
Communications Dispatcher 15 176 3794 4630 3 40 5
Communications Dispatcher (Lt.

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Engineering Specialist I 0 179 3909 4770 3 40 2
Engineering Specialist II 2 190 4361 5323 3 40 2
Engineering Specialist III 1 199 4770 5822 3 P 2
Engineering Specialist III – (Lt.

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Grants and Procurement
Coordinator 1 212 5430 6627 1 A 1
Human Resources Aide 2 189 4319 5270 1 A 1
Human Resources Analyst I 0 207 5166 6305 1 A 1
Human Resources Analyst II 0 221 5939 7249 1 E 1
Human Resources Assistant 0 163 3334 4068 2 A 1
Industrial Waste Inspector I 0 198 4723 5765 3 P 2
Industrial Waste Inspector II 0 209 5270 6432 1 P 1
Information Technology Analyst I 1 207 5166 6305 1 E 1
Information Technology Analyst II 1 221 5939 7249 1 E 1 Information Technology Manager 1 248 7772 9483 1 E 1
Information Technology
Technician 0 175 3757 4584 3 40 2
Lab Attendant 0 167 3469 4233 3 40 2
Lab Superintendent 1 229 6432 7850 1 E 1
Lab Supervisor 0 229 6432 7850 1 E 1
Lab Technician I 0 182 4028 4915 3 40 2
Lab Technician II 1 192 4449 5430 3 40 2
Lab Technician III 0 202 4915 5998 3 P 2
Leisure Services Coordinator 2 174 3719 4538 3 40 2
Leisure Servs Coordinator (Lt.

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Mechanic I 0 174 3719 4538 3 40 2
Mechanic II 7 187 4233 5166 3 40 2
Mechanic Assistant 0 161 3268 3988 3 40 2
Meter Reader 4 166 3435 4191 3 40 2
Operations and ADA Coordinator 1 212 5430 6627 1 A 1
Parks & Leisure Services Director 1 271 9770 12042 1 E - Parks and Leisure Services
Specialist 1 218 5765 7035 1 P 1
Parks Maintenance Worker I 3 158 3018 3683 3 40 2
Parks Maintenance Worker II 11 168 3504 4276 3 40 2
Parks Maintenance Worker II (PD) 1 168 3504 4276 3 40 2 Parks Maintenance Worker III 3 178 3870 4723 3 40 2
Parks Superintendent 1 218 5765 7035 1 E 1
Parks Supervisor 1 190 4361 5323 1 E 1
Planning Technician 0 175 3757 4581 3 A 2
Police Clerical Assistant 1 161 3268 3988 3 40 5
Police Crime Analyst 1 207 5166 6305 3 40 5
Police Officer Trainee 5 173 3683 4494 3 40 5
Police Services Supervisor 0 204 5014 6119 1 A 1
Principal Civil Engineer 1 236 6896 8416 1 P 1
Project Manager 1 226 6242 7619 1 E 1
Property & Evidence Technician 2 168 3504 4276 3 40 5
Public Education Officer 0 163 3334 4068 3 40 5
Public Safety IT Analyst I 1 208 5218 6368 3 40 5
Public Works Director 1 281 10792 13435 1 E -
Purchasing Agent 0 210 5323 6496 1 E 1
Records Specialist 4 166 3435 4191 3 40 5
Records Coordinator 1 163 3334 4068 3 40 2
7 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Assistant Communication
Dispatch Supervisor 1 181 3988 4866 3 40 5
Records Supervisor 1 181 3988 4866 3 40 5
Senior Planner 1 226 6242 7619 1 P 1
Storekeeper 0 166 3435 4191 3 40 2
Transportation Director 1 271 9770 12042 1 E -
Transportation Manager 1 248 7772 9483 1 E 1
Utility Billing Supervisor 1 207 5166 6305 1 A 1
WWTF Operator Superintendent 1 226 6242 7619 1 E 1
WWTF Operator I 0 168 3504 4276 3 40 2
WWTF Operator II 6 177 3832 4676 3 40 2
WWTF Operator III 2 195 4584 5595 3 40 2
WWTF Operator Trainee 0 148 2871 3504 3 40 2
Water Systems Specialist 1 201 4866 5939 1 A 1
Water Utility Superintendent 1 226 6242 7619 1 E 1
Water Utility Worker I 1 168 3504 4276 3 40 2
Water Utility Worker II 14 177 3832 4676 3 40 2
Water Utility Worker III 3 195 4584 5595 3 40 2
Zalud House Curator 0 149 2900 3539 3 40 2
8 PUBLIC SAFETY POSITIONS
Fire Protection:

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

DESIGNATION

OVERTIME CITY DESIGNATION

1. Management Employees No Compensation for Overtime Work

2. Confidential Employees Shall be Paid for Overtime Work

3. General Series Employees Shall be Paid for Overtime Work

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

EMPLOYEE GROUP DESIGNATION (REPRESENTATION)

1. Management and Confidential Series

2. Porterville City Employees’ Association

3. Porterville Peace Officers’ Association

4. Porterville City Firefighters’ Association

5. Public Safety Support Unit

6. Fire Officer Series
- Unrepresented Management
10 APPENDIX D
City of Porterville
Basic Salary Schedule
Last Update: July 1, 2003
RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
1 3.837 7,980 665 700 736 773 812
2 3.877 8,064 672 707 743 780 821
3 3.912 8,136 678 714 751 787 829
4 3.952 8,220 685 722 758 796 837
5 3.992 8,304 692 729 765 804 846
6 4.038 8,400 700 736 773 812 854
7 4.079 8,484 707 743 780 821 862
8 4,119 8,568 714 751 787 829 871
9 4.165 8,664 722 758 796 837 879
10 4.206 8,748 729 765 804 846 887
11 4.246 8,832 736 773 812 854 897
12 4.287 8.916 743 780 821 862 906
13 4.333 9,012 751 787 829 871 915
14 4.373 9,096 758 796 837 879 925
15 4.413 9,180 765 804 846 887 934
16 4.460 9,276 773 812 854 897 944
17 4.500 9,360 780 821 862 906 953
18 4.540 9,444 787 829 871 915 962
19 4.592 9,552 796 837 879 925 972
20 4.638 9,648 804 846 887 934 981
21 4.685 9,744 812 854 897 944 990
22 4.737 9,852 821 862 906 953 1,001
23 4.783 9,948 829 871 915 962 1,011
24 4.829 10,044 837 879 925 972 1,022
25 4.881 10,152 846 887 934 981 1,032
26 4.927 10,248 854 897 944 990 1,043
27 4.973 10,344 862 906 953 1,001 1,053
28 5.025 10,452 871 915 962 1,011 1,063
29 5.071 10,548 879 925 972 1,022 1,074
30 5.117 10,644 887 934 981 1,032 1,084
31 5.175 10,764 897 944 990 1,043 1,095
32 5.227 10,872 906 953 1,001 1,053 1,106
33 5.279 10,980 915 962 1,011 1,063 1,118
34 5.337 11,100 925 972 1,022 1,074 1,129
35 5.388 11,208 934 981 1,032 1,084 1,140
36 5.446 11,328 944 990 1,043 1,095 1,152
37 5.498 11,436 953 1,001 1,053 1,106 1,163
11 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
38 5.550 11,544 962 1,011 1,063 1,118 1,175
39 5.608 11,664 972 1,022 1,074 1,129 1,186
40 5.660 11,772 981 1,032 1,084 1,140 1,198
41 5.712 11,880 990 1,043 1,095 1,152 1,209
42 5.775 12,012 1,001 1,053 1,106 1,163 1,222
43 5.833 12,132 1,011 1,063 1,118 1,175 1,234
44 5.896 12,264 1,022 1,074 1,129 1,186 1,247
45 5.954 12,384 1,032 1,084 1,140 1,198 1,259
46 6.017 12,516 1,043 1,095 1,152 1,209 1,272
47 6.075 12,636 1,053 1,106 1,163 1,222 1,284
48 6.133 12,756 1,063 1,118 1,175 1,234 1,297
49 6.196 12,888 1,074 1,129 1,186 1,247 1,309
50 6.254 13,008 1,084 1,140 1,198 1,259 1,323
51 6.317 13,140 1,095 1,152 1,209 1,272 1,336
52 6.381 13,272 1,106 1,163 1,222 1,284 1,350
53 6.450 13,416 1,118 1,175 1,234 1,297 1,363
54 6.513 13,548 1,129 1,186 1,247 1,309 1,377
55 6.577 13,680 1,140 1,198 1,259 1,323 1,391
56 6.646 13,824 1,152 1,209 1,272 1,336 1,404
57 6.710 13,956 1,163 1,222 1,284 1,350 1,418
58 6.779 14,100 1,175 1,234 1,297 1,363 1,432
59 6.842 14,232 1,186 1,247 1,309 1,377 1,447
60 6.912 14,376 1,198 1,259 1,323 1,391 1461
61 6.975 14,508 1,209 1,272 1,336 1,404 1,476
62 7.050 14,664 1,222 1,284 1,350 1,418 1,491
63 7.119 14,808 1,234 1,297 1,363 1,432 1,505
64 7.194 14,964 1,247 1,309 1,377 1,447 1,520
65 7.263 15,108 1,259 1,323 1,391 1,461 1,535
66 7.338 15,264 1,272 1,336 1,404 1,476 1,551
67 7.408 15,408 1,284 1,350 1,418 1,491 1,567
68 7.483 15,564 1,297 1,363 1,432 1,505 1,582
69 7.552 15,708 1,309 1,377 1,447 1,520 1,598
70 7.633 15,876 1,323 1,391 1,461 1,535 1,614
71 7.708 16,032 1,336 1,404 1,476 1,551 1,629
72 7.788 16,200 1,350 1,418 1,491 1,567 1,646
73 7,863 16,356 1,363 1,432 1,505 1,582 1,662
74 7.944 16,524 1,377 1,447 1,520 1,598 1,679
75 8.025 16,692 1,391 1,461 1,535 1,614 1,696
76 8.100 16,848 1,404 1,476 1,551 1,629 1,713
77 8.181 17,016 1,418 1,491 1,567 1,646 1,729
78 8.262 17,184 1,432 1,505 1,582 1,662 1,747
12 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
79 8.348 17,364 1,447 1,520 1,598 1,679 1,765
80 8.429 17,532 1,461 1,535 1,614 1,696 1,782
81 8.515 17,712 1,476 1,551 1,629 1,713 1,800
82 8.602 17,892 1,491 1,567 1,646 1,729 1,818
83 8.683 18,060 1,505 1,582 1,662 1,747 1,835
84 8.769 18,240 1,520 1,598 1,679 1,765 1,854
85 8.856 18,420 1,535 1,614 1,696 1,782 1,873
86 8.948 18,612 1,551 1,629 1,713 1,800 1,892
87 9.040 18,804 1,567 1,646 1,729 1,818 1,910
88 9.127 18,984 1,582 1,662 1,747 1,835 1,929
89 9.219 19,176 1,598 1,679 1,765 1,854 1,949
90 9.312 19,368 1,614 1,696 1,782 1,873 1,969
91 9.398 19,548 1,629 1,713 1,800 1,892 1,989
92 9.496 19,752 1,646 1,729 1,818 1,910 2,008
93 9.588 19,944 1,662 1,747 1,835 1,929 2,028
94 9.687 20,148 1,679 1,765 1,854 1,949 2,048
95 9,785 20,352 1,696 1,782 1,873 1,969 2,069
96 9.883 20,556 1,713 1,800 1,892 1,989 2,090
97 9.975 20,748 1,729 1,818 1,910 2,008 2,111
98 10.079 20,964 1,747 1,835 1,929 2,028 2,131
99 10.183 21,180 1,765 1,854 1,949 2,048 2,152
100 10.281 21,384 1,782 1,873 1,969 2,069 2,174
101 10.385 21,600 1,800 1,892 1,989 2,090 2,196
102 10.488 21,816 1,818 1,910 2,008 2,111 2,218
103 10.587 22,020 1,835 1,929 2,028 2,131 2,240
104 10.696 22,248 1,854 1,949 2,048 2,152 2,262
105 10.806 22,476 1,873 1,969 2,069 2,174 2,285
106 10.915 22,704 1,892 1,989 2,090 2,196 2,307
107 11.019 22,920 1,910 2,008 2,111 2,218 2,330
108 11.129 23,148 1,929 2,028 2,131 2,240 2,353
109 11.244 23,388 1,949 2,048 2,152 2,262 2,377
110 11.360 23,628 1,969 2,069 2,174 2,285 2,401
111 11.475 23,868 1,989 2,090 2,196 2,307 2,425
112 11.585 24,096 2,008 2,111 2,218 2,330 2,449
113 11.700 24,336 2,028 2,131 2,240 2,353 2,474
114 11.815 24,576 2,048 2,152 2,262 2,377 2,499
115 11.937 24,828 2,069 2,174 2,285 2,401 2,524
116 12.058 25,080 2,090 2,196 2,307 2,425 2,549
117 12.179 25,332 2,111 2,218 2,330 2,449 2,574
118 12.294 25,572 2,131 2,240 2,353 2,474 2,600
119 12.415 25,824 2,152 2,262 2,377 2,499 2,626
13 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
120 12.542 26,088 2,174 2,285 2,401 2,524 2,652
121 12.669 26,352 2,196 2,307 2,425 2,549 2,678
122 12.796 26,616 2,218 2,330 2,449 2,574 2,706
123 12.923 26,880 2,240 2,353 2,474 2,600 2,733
124 13.050 27,144 2,262 2,377 2,499 2,626 2,760
125 13,183 27,420 2,285 2,401 2,524 2,652 2,787
126 13.310 27,684 2,307 2,425 2,549 2,678 2,815
127 13.442 27,960 2,330 2,449 2,574 2,706 2,843
128 13.575 28,236 2,353 2,474 2,600 2,733 2,871
129 13,713 28,524 2,377 2,499 2,626 2,760 2,900
130 13.852 28,812 2,401 2,524 2,652 2,787 2,930
131 13.990 29,100 2,425 2,549 2,678 2,815 2,959
132 14.129 29,388 2,449 2,574 2,706 2,843 2,988
133 14.273 29,688 2,474 2,600 2,733 2,871 3,018
134 14.417 29,988 2,499 2,626 2,760 2,900 3,048
135 14.562 30,288 2,524 2,652 2,787 2,930 3,079
136 14.706 30,588 2,549 2,678 2,815 2,959 3,110
137 14.850 30,888 2,574 2,706 2,843 2,988 3,141
138 15.000 31,200 2,600 2,733 2,871 3,018 3,172
139 15.150 31,512 2,626 2,760 2,900 3,048 3,204
140 15.300 31,824 2,652 2,787 2,930 3,079 3,236
141 15.450 32,136 2,678 2,815 2,959 3,110 3,268
142 15.612 32,472 2,706 2,843 2,988 3,141 3,301
143 15.767 32,796 2,733 2,871 3,018 3,172 3,334
144 15.923 33,120 2,760 2,900 3,048 3,204 3,367
145 16.079 33,444 2,787 2,930 3,079 3,236 3,401
146 16.240 33,780 2,815 2,959 3,110 3,268 3,435
147 16.402 34,116 2,843 2,988 3,141 3,301 3,469
148 16.563 34,452 2,871 3,018 3,172 3,334 3,504
149 16.731 34,800 2,900 3,048 3,204 3,367 3,539
150 16.904 35,160 2,930 3,079 3,236 3,401 3,575
151 17.071 35,508 2,959 3,110 3,268 3,435 3,610
152 17.238 35,856 2,988 3,141 3,301 3,469 3,646
153 17.412 36,216 3,018 3,172 3,334 3,504 3,683
154 17.585 36,576 3,048 3,204 3,367 3,539 3,719
155 17.763 36,948 3,079 3,236 3,401 3,575 3,757
156 17.942 37,320 3,110 3,268 3,435 3,610 3,794
157 18.121 37,692 3,141 3,301 3,469 3,646 3,832
158 18.300 38,064 3,172 3,334 3,504 3,683 3,870
159 18.485 38,448 3,204 3,367 3,539 3,719 3,909
160 18.669 38,832 3,236 3,401 3,575 3,757 3,949
14 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
161 18.854 39,216 3,268 3,435 3,610 3,794 3,988
162 19.044 39,612 3,301 3,469 3,646 3,832 4,028
163 19.235 40,008 3,334 3,504 3,683 3,870 4,068
164 19.425 40,404 3,367 3,539 3,719 3,909 4,109
165 19.621 40,812 3,401 3,575 3,757 3,949 4,150
166 19.817 41,220 3,435 3,610 3,794 3,988 4,191
167 20.013 41,628 3,469 3,646 3,832 4,028 4,233
168 20.215 42,048 3,504 3,683 3,870 4,068 4,276
169 20.417 42,468 3,539 3,719 3,909 4,109 4,319
170 20.625 42,900 3,575 3,757 3,949 4,150 4,361
171 20.827 43,320 3,610 3,794 3,988 4,191 4,405
172 21.035 43,752 3,646 3,832 4,028 4,233 4,449
173 21.248 44,196 3,683 3,870 4,068 4,276 4,494
174 21.456 44,628 3,719 3,909 4,109 4,319 4,538
175 21.675 45,084 3,757 3,949 4,150 4,361 4,584
176 21.888 45,528 3,794 3,988 4,191 4,405 4,630
177 22.108 45,984 3,832 4,028 4,233 4,449 4,676
178 22.327 46,440 3,870 4,068 4,276 4,494 4,723
179 22.552 46,908 3,909 4,109 4,319 4,538 4,770
180 22.783 47,388 3,949 4,150 4,361 4,584 4,818
181 23.008 47,856 3,988 4,191 4,405 4,630 4,866
182 23.238 48,336 4,028 4,233 4,449 4,676 4,915
183 23.469 48,816 4,068 4,276 4,494 4,723 4,964
184 23.706 49,308 4,109 4,319 4,538 4,770 5,014
185 23.942 49,800 4,150 4,361 4,584 4,818 5,064
186 24.179 50,292 4,191 4,405 4,630 4,866 5,115
187 24.421 50,796 4,233 4,449 4,676 4,915 5,166
188 24.669 51,312 4,276 4,494 4,723 4,964 5,218
189 24.917 51,828 4,319 4,538 4,770 5,014 5,270
190 25.160 52,332 4,361 4,584 4,818 5,064 5,323
191 25.413 52,860 4,405 4,630 4,866 5,115 5,376
192 25.667 53,388 4,449 4,676 4,915 5,166 5,430
193 25.927 53,928 4,494 4,723 4,964 5,218 5,485
194 26.181 54,456 4,538 4,770 5,014 5,270 5,540
195 26.446 55,008 4,584 4,818 5,064 5,323 5,595
196 26.712 55,560 4,630 4,866 5,115 5,376 5,651
197 26.977 56,112 4,676 4,915 5,166 5,430 5,708
198 27.248 56,676 4,723 4,964 5,218 5,485 5,765
199 27.519 57,240 4,770 5,014 5,270 5,540 5,822
200 27.796 57,816 4,818 5,064 5,323 5,595 5,881
201 28.073 58,392 4,866 5,115 5,376 5,651 5,939
15 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
202 28.356 58,980 4,915 5,166 5,430 5,708 5,998
203 28.638 59,568 4,964 5,218 5,485 5,765 6,059
204 28.927 60,168 5,014 5,270 5,540 5,822 6,119
205 29.215 60,768 5,064 5,323 5,595 5,881 6,181
206 29.510 61,380 5,115 5,376 5,651 5,939 6,242
207 29,804 61,992 5,166 5,430 5,708 5,998 6,305
208 30.104 62,616 5,218 5,485 5,765 6,059 6,368
209 30.404 63,240 5,270 5,540 5,822 6,119 6,432
210 30.710 63,876 5,323 5,595 5,881 6,181 6,496
211 31.015 64,512 5,376 5,651 5,939 6,242 6,561
212 31.327 65,160 5,430 5,708 5,998 6,305 6,627
213 31.644 65,820 5,485 5,765 6,059 6,368 6,693
214 31.962 66,480 5,540 5,822 6,119 6,432 6,760
215 32.279 67,140 5,595 5,881 6,181 6,496 6,828
216 32.602 67,812 5,651 5,939 6,242 6,561 6,896
217 32.931 68,496 5,708 5,998 6,305 6,627 6,965
218 33.260 69,180 5,765 6,059 6,368 6,693 7,035
219 33.588 69,864 5,822 6,119 6,432 6,760 7,106
220 33.929 70,572 5,881 6,181 6,496 6,828 7,177
221 34.263 71,268 5,939 6,242 6,561 6,896 7,249
222 34.604 71,976 5,998 6,305 6,627 6,965 7,322
223 34.956 72,708 6,059 6,368 6,693 7,035 7,395
224 35.302 73,428 6,119 6,432 6,760 7,106 7,469
225 35.660 74,172 6,181 6,496 6,828 7,177 7,544
226 36.012 74,904 6,242 6,561 6,896 7,249 7,619
227 36.375 75,660 6,305 6,627 6,965 7,322 7,695
228 36.738 76,416 6,368 6,693 7,035 7,395 7,772
229 37.108 77,184 6,432 6,760 7,106 7,469 7,850
230 37,477 77,952 6,496 6,828 7,177 7,544 7,928
231 37.852 78,732 6,561 6,896 7,249 7,619 8,007
232 38.233 79,524 6,627 6,965 7,322 7,695 8,087
233 38.613 80,316 6,693 7,035 7,395 7,772 8,169
234 39.000 81,120 6,760 7,106 7,469 7,850 8,250
235 39.392 81,936 6,828 7,177 7,544 7,928 8,332
236 39.785 82,752 6,896 7,249 7,619 8,007 8,416
237 40.183 83,580 6,965 7,322 7,695 8,087 8,500
238 40.587 84,420 7,035 7,395 7,772 8,169 8,586
239 40.996 85,272 7,106 7,469 7,850 8,250 8,671
240 41,406 86,124 7,177 7,544 7,928 8,332 8,757
241 41.821 86,988 7,249 7,619 8,007 8,416 8,845
242 42.242 87,864 7,322 7,695 8,087 8,500 8,934
16 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
243 42.663 88,740 7,395 7,772 8,169 8,586 9,023
244 43.090 89,628 7,469 7,850 8,250 8,671 9,113
245 43.523 90,528 7,544 7,928 8,332 8,757 9,204
246 43.956 91,428 7,619 8,007 8,416 8,845 9,296
247 44.394 92,340 7,695 8,087 8,500 8,934 9,389
248 44.838 93,264 7,772 8,169 8,586 9,023 9,483
249 45.288 94,200 7,850 8,250 8,671 9,113 9,578
250 45.738 95,136 7,928 8,332 8,757 9,204 9,673
251 46.194 96,084 8,007 8,416 8,845 9,296 9,770
252 46.656 97,044 8,087 8,500 8,934 9,389 9,868
253 47.129 98,028 8,169 8,586 9,023 9,483 9,966
254 47.596 99,000 8,250 8,671 9,113 9,578 10,066
255 48..069 99,984 8,332 8,757 9,204 9,673 10,167
256 48.554 100,992 8,416 8,845 9,296 9,770 10,268
257 49.038 102,000 8,500 8,934 9,389 9,868 10,372
258 49.535 103,032 8,586 9,023 9,483 9,966 10,475
259 50.025 104,052 8,671 9,113 9,578 10,066 10,580
260 50.521 105,084 8,757 9,204 9,673 10,167 10,685
261 51.029 106,140 8,845 9,296 9,770 10,268 10,792
262 51.542 107,208 8,934 9,389 9,868 10,372 10,901
263 52.056 108,276 9,023 9,483 9,966 10,475 11,010
264 52.575 109,356 9,113 9,578 10,066 10,580 11,121
265 53.100 110,448 9,204 9,673 10,167 10,685 11,232
266 53.631 111,552 9,296 9,770 10,268 10,792 11,345
267 54.167 112,668 9,389 9,868 10,372 10,901 11,458
268 54.710 113,796 9,483 9,966 10,475 11,010 11,573
269 55.258 114,936 9,578 10,066 10,580 11,121 11,689
270 55.806 116,076 9,673 10,167 10,685 11,232 11,923
271 56.365 117,240 9,770 10,268 10,792 11,345 12,042
272 56.931 118,416 9,868 10,372 10,901 11,458 12,163
273 57.496 119,592 9,966 10,475 11,010 11,573 12,285
274 58.073 120,792 10,066 10,580 11,121 11,689 12,408
275 58.656 122,004 10,167 10,685 11,232 11,923 12,532
276 59.238 123,216 10,268 10,792 11,345 12,042 12,657
277 59.838 124,464 10,372 10,901 11,458 12,163 12,783
278 60.433 125,700 10,475 11,010 11,573 12,285 12,911
279 61.038 126,960 10,580 11,121 11,689 12,408 13,040
280 61.644 128,220 10,685 11,232 11,923 12,532 13,302
281 62.262 129,504 10,792 11,345 12,042 12,657 13,435
282 62.890 130,812 10,901 11,458 12,163 12,783 13,569
283 63.519 132,120 11,010 11,573 12,285 12,911 13,705
17 RANGE
STEP A

HOURLY ANNUAL
STEPS

A B C D E
284 64.160 133,452 11,121 11,689 12,408 13,040 13,842
285 64.800 134,784 11,232 11,923 12,532 13,302 13,981
286 65.452 136,140 11,345 12,042 12,657 13,435 14,121
287 66.104 137,496 11,458 12,163 12,783 13,569 14,262
288 66.767 138,876 11,573 12,285 12,911 13,705 14,405
289 67.437 140,268 11,689 12,408 13,040 13,842 14,549
290 68.787 143,076 11,923 12,532 13,302 13,981 14,695
291 69.473 144,504 12,042 12,657 13,435 14,121 14,842
292 70.171 145.956 12,163 12,783 13,569 14,262 14,990
293 70.875 147,420 12,285 12,911 13,705 14,405 15,140
294 71.585 148,896 12,408 13,040 13,842 14,459 15,291
295 72.300 150,384 12,532 13,302 13,981 14,695 15,444
296 73.021 151,884 12,657 13,435 14,121 14,842 15,598
297 73.748 153,396 12,783 13,569 14,262 14,990 15,754
298 74.487 154,932 12,911 13,705 14,405 15,140 15,912
299 75.231 156,480 13,040 13,842 14,549 15,291 16,071
300 76.742 159,624 13,302 13,981 14,695 15,444 16,232
301 77.510 161,220 13,435 14,121 14,842 15,598 16,394
302 78.283 162,828 13,569 14,262 14,990 15,754 16,558
303 79.067 164,460 13,705 14,405 15,140 15,912 16,724
304 79.858 166,104 13,842 14,549 15,291 16,071 16,890
305 80.660 167,772 13,981 14,695 15,444 16,232 17,059
306 81.467 169,452 14,121 14,842 15,598 16,394 17,230
307 82.281 171,144 14,262 14,990 15,754 16,558
308 83.106 172,860 14,405 15,140 15,912 16,724
309 83.937 174,588 14,549 15,291 16,071 16,890
310 84.779 176,340 14,695 15,444 16,232 17,059
311 85.627 178,104 14,842 15,598 16,394 17,230
312 86.481 179,880 14,990 15,754 16,558
313 87.346 181,680 15,140 15,912 16,724
314 88,217 183,492 15,291 16,071 16,890
315 89,100 185,328 15,444 16,232 17,059
316 89.988 187,176 15,598 16,394 17,230
317 90.888 189,048 15,754 16,558
318 91.800 190,944 15,912 16,724
319 92.717 192,852 16,071 16,890
320 93.646 194,784 16,232 17,059
321 94.581 196,728 16,394 17,230
322 95.527 198,696 16,558
323 96.485 200,688 16,724
324 97.442 202,680 16,890
18 ADDITIONAL INFORMATION
If you have any questions, please contact your immediate supervisor, Department Head, or the Human Resources office. Here is a list of additional helpful publications/resources you may want to locate:
 Administrative Policy Manual
The City’s Administrative Policy Manual outlines general policies, program procedures, regulations and explanations that have been issued through City Council resolutions, City Manager memoranda and/or oral instructions.
 Bargaining Unit Memorandum of Understandings/Resolutions Memorandum of Understandings (MOU’s) outline items specifically negotiated by bargaining units. Once submitted and approved by the Porterville City Council, a resolution is adopted.
 City of Porterville Employee Benefit Trust Fund Plan Document The City’s Plan Document outlines in detail the health benefits provided to all full-time and offered to full-time equivalent employees.
 City of Porterville Personnel System Rules and Regulations The City’s Rules and Regulations provides a system of personnel rules based on Federal/ State law, City Council resolutions, Administrative Policy and Procedures, agreements with employee associations; describes standards of workplace conduct; and outlines a detailed recruitment process for potential employees.
 City of Porterville Internet
The City of Porterville website, http://www.ci.porterville.ca.us/ is available to anyone seeking information about City services, programs, events and/or activities.
 City of Porterville Intranet via Sharepoint Office 365 The City of Porterville intranet, accessible through Sharepoint Office 365, is accessible by City of Porterville employees only. It displays a wide array of information including forms and newsletters.  Employer-Employee Relations Resolution of the City of Porterville The Employer-Employee Relations Resolution of the City of Porterville provides a procedure for the recognition, suspension and revocation of recognition status of employee organizations and establishes a reasonable and orderly method for the meet and confer process. 1 APPENDIX C
City of Porterville Position Pay Plan
Effective Date: October 1, 2025

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Abatement Worker 3 176 3794 4630 3 40 2
Accountant I 1 210 5323 6496 1 P 1
Accountant II 2 224 6119 7469 1 E 1
Account Clerk I 1 154 3048 3719 3 40 2
Account Clerk II 6 164 3367 4109 3 40 2
Account Clerk III 0 168 3504 4276 2 A 1
Accounting Technician 1 178 3870 4723 2 A 1
Administrative Aide 3 192 4449 5430 1 A 1
Administrative Aide (Limited Term) 0 192 4449 5430 1 A 1 Administrative Aide-Housing 2 192 4449 5430 1 A 1
Administrative Analyst I 1 210 5323 6496 1 E 1
Administrative Analyst II 2 224 6119 7469 1 E 1
Administrative Assistant 5 166 3435 4191 2 A 1
Administrative Assistant to the
Chief of Police 1 166 3435 4191 3 40 5
Administrative Services Manager 1 251 8007 9770 1 E -
Administrative Services Director 1 274 10066 12408 1 E - Adult Lit. Prog. Coord. (Lt. Term) 0 192 4449 5430 1 E 1 Airport Services Coordinator 0 195 4584 5595 1 E 1
Animal Control Officer 0 166 3435 4191 3 40 5
Animal Shelter Supervisor 1 211 5376 6561 3 40 5
Assistant City Engineer 1 250 7928 9673 1 P 1
Assistant City Manager 1 284 11121 13842 1 E -
Assistant Communication
Dispatch Supervisor 1 184 4109 5014 3 40 5
Assistant Construction Project Mgr. 1 218 5765 7035 1 E 1 2 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Assistant Engineer 1 218 5765 7035 1 P 1
Assistant Engineer (Limited Term) 0 218 5765 7035 1 P 1 Assistant Field Services Manager 0 237 6965 8500 1 A 1
Assistant Finance Director 1 251 8007 9770 1 E 1
Assistant Parks and Leisure
Services Director 1 251 8007 9770 1 E 1
Assistant Planner 1 210 5323 6496 1 P 1
Assistant Project Manager 1 218 5765 7035 1 E 1
Associate Engineer 2 229 6432 7850 1 P 1
Associate Planner 1 224 6119 7469 1 P 1
Building Inspector I 1 202 4915 5998 3 40 2
Building Inspector II 1 212 5430 6627 3 P 2
Building Permit Technician 1 192 4449 5430 1 A 1
Chemist I 1 216 5651 6896 1 P 1
Chemist II 0 224 6119 7469 1 P 1
Chief Building Inspector 1 229 6432 7850 1 E 1
Chief Building Official 1 239 7106 8671 1 E 1
Chief Deputy City Clerk 1 224 6119 7469 1 E 1
Chief Financial Officer 0 254 8250 10066 1 E -
Chief of Parks & Leisure Svcs. Ops. 0 250 7928 9673 1 E - City Attorney (part time) Flat
City Engineer 1 256 8416 10268 1 E 1
City Librarian 1 229 6432 7850 1 E 1
City Manager 1 CONTRAC
T
15000 15000 1 E -
City Planner 1 251 8007 9770 1 E 1
Clerical Assistant I 2 154 3048 3719 3 40 2
Clerical Assistant I (Limited Term) 1 154 3048 3719 3 40 2 Clerical Assistant II 6 159 3204 3909 3 40 2
3 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Clerical Assistant III 2 164 3367 4109 3 A 2
Clerical Assistant Trainee 0 151 2959 3610 3 40 2
Code Enforcement Officer 3 176 3794 4630 3 40 5
Code Enforcement Officer II 1 196 4630 5651 3 40 5
Communications Dispatcher 15 179 3909 4770 3 40 5
Communications Dispatcher (Lt.

Term) 0 179 3909 4770 3 40 5
Communications Supervisor 1 199 4770 5822 3 40 5
Community Development
Director 1 274 10066 12408 1 E -
Community Development
Manager 0 251 8007 9770 1 E 1
Community Services Officer I 7 176 3794 4630 3 40 5
Community Services Officer II 1 186 4191 5115 3 40 5
Construction/Project Manager 1 239 7106 8671 1 P 1
Crisis Intervention Specialist 1 196 4630 5651 3 40 5
Deputy City Clerk 0 210 5323 6496 1 A 1
Deputy City Manager 1 289 11689 14549 1 E -
Deputy Public Works Director/ City
Engineer 0 262 8934 10901 1 E -
Deputy Public Works Director/
Field Services Manager 0 262 8934 10901 1 E -
Development Assistant 1 210 5323 6496 1 P 1
Development Assistant: Housing 0 210 5323 6496 1 P 1
Development Associate 1 224 6119 7469 1 P 1
Economic Dev. & Housing Mgr. 1 251 8007 9770 1 E 1
Electrician/Instrument Technician 1 197 4676 5708 3 40 2 Encampment Maintenance
Worker 0 176 3794 4630 3 40 2
Engineering & Building Technician 2 178 3870 4723 3 40 2 Engineering Inspector I 0 202 4915 5998 3 P 2
Engineering Inspector II 2 212 5430 6627 3 P 2
4 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Engineering & Project
Management Director 1 274 10066 12408 1 E -
Engineering Specialist I 0 182 4028 4915 3 40 2
Engineering Specialist II 2 193 4494 5485 3 40 2
Engineering Specialist III 1 202 4915 5998 3 P 2
Engineering Specialist III – (Lt.

Term) 0 202 4915 5998 3 P 2
Executive Assistant to City
Manager 1 171 3610 4405 2 A 1
Field Services Manager 1 251 8007 9770 1 E 1
Field Services Shop
Superintendent 1 225 6181 7544 1 E 1
Field Services Shop Supervisor 0 202 4915 5998 1 E 1
Field Services-SuperintendentStreets 1 223 6059 7395 1 E 1 Field Services Superintendent 1 221 5939 7249 1 E 1
Field Services Supervisor 1 193 4494 5485 1 E 1
Field Services Supervisor- Streets 1 195 4584 5595 1 E 1 Field Services Supervisor – Water 1 204 5014 6119 1 E 1 Field Services Worker I 1 161 3268 3988 3 40 2
Field Services Worker I- Airport
Maint. 0 161 3268 3988 3 40 2
Field Services Worker II 17 173 3683 4494 3 40 2
Field Services Worker II-Airport 2 171 3610 4405 3 40 2 Field Services Worker II- Streets 8 173 3683 4494 3 40 2 Field Services Worker III 2 181 3988 4866 3 40 2
Field Services Worker III- Airport 1 181 3988 4866 3 40 2 Field Services Worker III- Streets 1 183 4068 4964 3 40 2 Field Services Worker Trainee 0 151 2959 3610 3 40 2
Finance Director 1 274 10066 12408 1 E -
Fire Inspector 1 176 3794 4630 3 40 5
G.I.S. Supervisor 1 224 6119 7469 1 P 1
5 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
G.I.S. Technician 0 178 3870 4723 3 40 2
Grants and Procurement
Coordinator 1 215 5595 6828 1 A 1
Human Resources Aide 2 192 4449 5430 1 A 1
Human Resources Analyst I 0 210 5323 6496 1 A 1
Human Resources Analyst II 0 224 6119 7469 1 E 1
Human Resources Assistant 0 166 3435 4191 2 A 1
Industrial Waste Inspector I 0 201 4866 5939 3 P 2
Industrial Waste Inspector II 0 212 5430 6627 1 P 1
Information Technology Analyst I 1 210 5323 6496 1 E 1
Information Technology Analyst II 1 224 6119 7469 1 E 1 Information Technology Manager 1 251 8007 9770 1 E 1
Information Technology
Technician 0 178 3870 4723 3 40 2
Lab Attendant 0 170 3575 4361 3 40 2
Lab Superintendent 1 232 6627 8087 1 E 1
Lab Supervisor 0 232 6627 8087 1 E 1
Lab Technician I 0 185 4150 5064 3 40 2
Lab Technician II 1 195 4584 5595 3 40 2
Lab Technician III 0 205 5064 6181 3 P 2
Leisure Services Coordinator 2 177 3832 4676 3 40 2
Leisure Servs Coordinator (Lt.

Term) 0 177 3832 4676 3 40 2
Leisure Services Superintendent 0 215 5595 6828 1 E 1
Leisure Services Supervisor 1 193 4494 5485 1 E 1
Library Assistant 7 164 3367 4109 3 40 2
Library Assistant (Limited Term) 0 164 3367 4109 3 40 2 Library Assistant Trainee 0 151 2959 3610 3 40 2
Library Supervisor I 1 182 4028 4915 1 E 1
Library Supervisor II 1 193 4494 5485 1 E 1
6 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Live Release Coordinator 1 176 3794 4630 3 40 5
Mechanic I 0 177 3832 4676 3 40 2
Mechanic II 7 190 4361 5323 3 40 2
Mechanic Assistant 0 164 3367 4109 3 40 2
Meter Reader 4 169 3539 4319 3 40 2
Operations and ADA Coordinator 1 215 5595 6828 1 A 1
Parks & Leisure Services Director 1 274 10066 12408 1 E - Parks and Leisure Services
Specialist 0 221 5939 7249 1 P 1
Parks Maintenance Worker I 4 161 3268 3988 3 40 2
Parks Maintenance Worker II 11 171 3610 4405 3 40 2
Parks Maintenance Worker II (PD) 1 171 3610 4405 3 40 2 Parks Maintenance Worker III 3 181 3988 4866 3 40 2
Parks Superintendent 1 221 5939 7249 1 E 1
Parks Supervisor 1 193 4494 5485 1 E 1
Planning Technician 0 178 3870 4723 3 A 2
Police Clerical Assistant 1 164 3367 4109 3 40 5
Police Crime Analyst 1 210 5323 6496 3 40 5
Police Officer Trainee 5 176 3794 4630 3 40 5
Police Services Supervisor 0 207 5166 6305 1 A 1
Principal Civil Engineer 1 239 7106 8671 1 P 1
Project Manager 1 229 6432 7850 1 E 1
Property & Evidence Technician 2 171 3610 4405 3 40 5
Public Education Officer 0 166 3435 4191 3 40 5
Public Safety IT Analyst I 1 211 5376 6561 3 40 5
Public Works Director 1 274 10066 12408 1 E -
Purchasing Agent 0 213 5485 6693 1 E 1
Records Coordinator 1 166 3435 4191 3 40 2
7 POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Records Specialist 4 169 3539 4319 3 40 5
Records Supervisor 1 184 4109 5014 3 40 5
Senior Planner 1 229 6432 7850 1 P 1
Storekeeper 0 169 3539 4319 3 40 2
Transportation Director 1 274 10066 12408 1 E -
Transportation Manager 1 251 8007 9770 1 E 1
Utility Billing Supervisor 1 210 5323 6496 1 A 1
WWTF Operator Superintendent 1 229 6432 7850 1 E 1
WWTF Operator I 0 171 3610 4405 3 40 2
WWTF Operator II 6 180 3949 4818 3 40 2
WWTF Operator III 2 198 4723 5765 3 40 2
WWTF Operator Trainee 0 151 2959 3610 3 40 2
Water Systems Specialist 1 204 5014 6119 1 A 1
Water Utility Superintendent 1 229 6432 7850 1 E 1
Water Utility Worker I 1 171 3610 4405 3 40 2
Water Utility Worker II 14 180 3949 4818 3 40 2
Water Utility Worker III 3 198 4723 5765 3 40 2
Zalud House Curator 0 152 2988 3646 3 40 2
8 PUBLIC SAFETY POSITIONS
Fire Protection:

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Fire Chief 1 284 11689 13842 1 E -
Fire Deputy Chief 1 273 9966 12285 4 E -
Fire Battalion Chief 4 259 8671 10580 4 E -
Fire Marshal (non-sworn) 1 239 7106 8671 1 E -
Fire Captain 10 230 6496 7928 4 27 6
Fire Engineer 9 216 5651 6896 4 27 4
Firefighter 27 206 5115 6242 4 27 4
Administrative Staff (a)
Police Protection:

POSITION
NO. OF

POSITIONS RANGE

MONTHLY

MINIMUM

MONTHLY

MAXIMUM

OVERTIME

CITY/FLSA REPRESENTATION
Chief of Police 1 284 11689 13842 1 E -
Assistant Chief of Police 1 273 9966 12285 1 E -
Police Captain 2 261 8845 10792 1 E -
Police Lieutenant 6 249 7850 9578 1 E -
Police Sergeant 12 237 6965 8500 4 E 3
Police Officer 62 215 5595 6828 4 28 3
Police Officer (Limited
Term) 1 215 5595 6828 4 28 3
9 EMPLOYEE PAY & BENEFIT PLAN NOTES

DESIGNATION

OVERTIME CITY DESIGNATION

1. Management Employees No Compensation for Overtime Work

2. Confidential Employees Shall be Paid for Overtime Work

3. General Series Employees Shall be Paid for Overtime Work

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

EMPLOYEE GROUP DESIGNATION (REPRESENTATION)

1. Management and Confidential Series

2. Porterville City Employees’ Association

3. Porterville Peace Officers’ Association

4. Porterville City Firefighters’ Association

5. Public Safety Support Unit

6. Fire Officer Series
- Unrepresented Management
Item No. 20.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Amendment to the Capital Improvement Plan and Establishment of a New Capital Project for City Council Chambers Renovation
SOURCE: City Manager's Office
COMMENT: As part of the ongoing effort to enhance the functionality, accessibility, and professional appearance of City facilities, staff is recommending an amendment to the Capital Improvement Plan (CIP) to establish a new capital project titled City Council Chambers Renovation.

The existing Council Chambers, located within City Hall, serves as the formal meeting space for the City Council and other public meetings. The facility has remained largely unchanged for many years and would benefit from improvements that modernize its layout, technology, and accessibility while reinforcing civic pride. The proposed renovation will incorporate the theme “Bringing American History to Life”, reflecting the City’s commitment to civic engagement, historical appreciation, and community identity.

Improvements will include, but are not limited to, relocating the City Clerk’s position and associated technology, installing new wallpaper and historical photographs, adding “E Pluribus Unum” signage, and completing other aesthetic and functional upgrades to be determined as the project design progresses. The renovation will also include a height-adjustable podium and other potential ADA improvements to ensure accessibility within the meeting space. The theme will be carried throughout the design elements to create a setting that honors American heritage, the nation’s founding ideals, and the City’s own place in that broader story.

To fund the project, staff recommends reallocating $50,000 originally programmed for the City Hall Fitness Center Upgrade project to the new City Council Chambers Renovation project. The design work for the renovation is minimal and will be completed in-house by City staff, ensuring cost efficiency and alignment with the City’s operational standards.

Staff is requesting authorization to amend the Capital Improvement Plan, reallocate the funds, and proceed with the design and implementation of the City Council Chambers Renovation project. This amendment is budget-neutral Item No. 20.
and does not increase overall appropriations.

RECOMMENDATION: That the City Council:

1. Approve an amendment to the Capital Improvement Plan to establish a new project titled “City Council Chambers
Renovation”;

2. Authorize the reallocation of $50,000 from the City Hall Fitness Center Upgrade project to the City Council Chambers Renovation project; and

3. Authorize staff to proceed with the in-house design and implementation of the City Council Chambers Renovation project.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 21.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Review and Discussion of the City’s Representation on the Porterville Area Development Authority
SOURCE: City Manager's Office
COMMENT: The Porterville Area Development Authority (PADA) was established on August 30, 2021, through a Joint Powers Agreement between the City of Porterville and the Tule River Tribe. The Authority’s purpose is to facilitate and coordinate joint projects between the City and Tribe, including the development of wastewater and recycled water facilities, transportation infrastructure, and related public improvements that serve mutual interests within the west Porterville area.

Under the Joint Powers Agreement, the Authority is governed by a Board of Directors comprised of three voting members appointed by the City Council and two voting members appointed by the Tule River Tribal Council. Unless otherwise determined by the City Council, the City Manager serves as an exofficio member of the Board. The Tule River Tribal Chairperson serves as the Tribal ex-officio member.

Currently, Councilman Beltran, Councilman Rivas, and Baldomero Rodriguez (Civil Engineer and retired Public Works Director) serve as the City’s appointed representatives to the Porterville Area Development Authority Board, and the City Manager serves as the City’s ex-officio member.

The Authority’s work to date has focused on advancing key projects identified in the Development and Reimbursement Agreement for Wastewater and Recycled Water System Facilities and Improvements. This agreement outlines cooperative efforts between the City, the Tribe, and the PADA for the design, funding, and construction of wastewater and tertiary treatment facilities to serve the Tule River Casino Resort, the City Sports Complex, and future development in the west Porterville area. The City committed to fund approximately two-thirds of the total project cost, with the remaining onethird reimbursed by the Tribe under the terms of the agreement.

The wastewater and recycled water system facility has now been completed.

As part of the next steps, the Porterville Area Development Authority will need Item No. 21.
to meet to discuss and approve the final project invoices and establish the development cost reimbursement payment plan as outlined in the Development and Reimbursement Agreement.

Additionally, the Memorandum of Understanding between the City and the Tule River Tribe further establishes shared goals for coordinated planning and development, cooperative infrastructure investment, and long-term service delivery partnerships to support regional economic development.

Given the evolving nature of these intergovernmental partnerships and the upcoming PADA responsibilities related to final project accounting and reimbursement, this discussion provides the City Council with an opportunity to review the City’s current representation on the Authority and consider whether adjustments should be made to ensure the City’s interests continue to be effectively represented. There is no fiscal impact associated with this item.

RECOMMENDATION: That the City Council discuss the City’s representation on the Porterville Area Development Authority and provide direction to staff regarding any desired changes to appointed
representatives.

ATTACHMENTS: 1. City -Tule River Tribe MOU

2. PADA Joint Powers Agreement

3. PADA Development and Reimbursement Agreement
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk MEMORAN0UM OF UNDERSTANDING

BETWEEN THE TULE RIVER INDIAN TRIBE,

THE TULE RIVER TRIBE GAMING AUTHORITY

AND THE CITY OF PORTERVILLE

EXECUTION VERSION
This Memorandum of Understanding ("Agreement") is entered into this O - day of ~ . 2019 ("Effective Date"), between the Tule River Indian Tribe, a federally recognized lndianibe(the "Tribe"), the Tule River Tribe Gaming Authority, a wholly owned subsidiary and instrumentality of the Tribe ("Gaming Authority") and the City of Porterville, a political subdivision of the State of California (the "City").

The Tribe, Gaming Authority and the City are individually referred to as a "Party" and collectively as the "Parties".

RECITALS
A. The Tribe is the sovereign governmental authority over the Tule River Indian Reservation (the "Reservation") and is responsible for the health and general welfare of its citizens and residents. The Gaming Authority is a tribally-chartered corporation created to own and operate any gaming operation of the Tribe for the benefit of the Tribe. The Tribe and the Gaming Authority are collectively referred to as the "Tribal Parties".

B. The Tribe's governmental services are primarily funded by revenue generated from the existing Eagle Mountain Casino ("Existing Facility"). To address safety concerns of patrons and employees traveling to the Existing Facility, in order to alleviate impacts to water quantity on the Reservation, and to expand the Existing Facility to meet several unmet needs of the Tribe, the Tribal Parties seek to relocate the Existing Facility to a forty (40) acre site currently owned by the Tribe and located within the geographical boundaries of the City ("Site").

C. The Tribe has requested the United States to take the Site into trust for the Tribe's benefit for gaming purposes pursuant to 25 U.S.C. § 2719(b)(1)(A) ("fee-to-trust application") in order to relocate the Existing Facility to the Site and to develop a resort and related ancillary facilities, however, several alternatives are currently being considered (as described in the FEIS (defined below)) ("Project").

D. In connection with the Tribe's fee-to-trust application, the Bureau of Indian Affairs initiated the federal environmental review process necessary to comply with the National Environmental Policy Act. On May 31 , 2019, the Bureau of Indian Affairs issued the Final Environmental Impact Statement for the Tule River Tribe's Proposed Fee-to-Trust and Eagle Mountain Casino Relocation Project ("FEIS").

The FEIS identified potentially significant off-reservation impacts and recommended mitigation measures to address such impacts.

E. The Project, while subject to revision based on the approved Project alternative, also contemplates the development of a tertiary wastewater treatment facility ("Water Facility") in coordination with the City. The proposed Water Facility would treat secondary effluent produced from the City's wastewater treatment plant and provide recycled water to the Project and to the Porterville Sports Complex. The Water Facility is anticipated to offset the potable water use of the Project and result in a net decrease in the City's potable water use. The Parties recognize the proposed Water Facility will significantly benefit the Project and the City with regard to the availability of potable water for other City uses. The scope and location of the Water Facility has yet to be determined, but shall be addressed in future agreements between the Tribal Parties and the City after the environmental review for the Project is complete.

F. The Tribe intends to enter into a new or amended tribal-state compact for class Ill gaming, as required by the Indian Gaming Regulatory Act ("IGRA"), to permit class Ill gaming at the Site (the "Compact").

G. The City is the governmental authority over the City of Porterville with the responsibility of providing for the general welfare of its residents.

EXECUTION VERSION
H. The Parties understand that the Project may affect traffic within the City and the Tribal Parties desire to mitigate, as provided herein, such incremental impacts to traffic the Project causes.

I. The City desires to support the Project with the understanding that the traffic mitigation measures identified herein are implemented, wholly or partially funded or constructed (as applicable) by the Tribal Parties.

J. By this Agreement, the City is not approving or disapproving the Project or the projects associated with the mitigation measures, and, pursuant to the California Environmental Quality Act, California Public Resources Code sections 21000 et seq. , ("CEQA") Guidelines section 15378(b), entry into this Agreement does not constitute the approval of a "project" for CEQA purposes because it involves the creation of a government funding mechanism and/or other government fiscal activity. Notwithstanding this, the City has undertaken CEQA review related to potential City-owned infrastructure and utility improvements referenced in this Agreement.

AGREEMENT
A. TRANSPORTATION MITIGATION.

1. Construction Mitigation Measures. Prior to commencement of construction of the Project, the Tribal Parties shall prepare a traffic management plan that addresses construction of the Project in accordance with standards set forth in the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways (FHWA, 2003). The traffic management plan shall be submitted to the City for review and comment. The Tribal Parties shall ensure that prior to commencement of construction, the contractor developing the Project coordinates with emergency service providers to avoid obstructing emergency response service during construction. Police, fire, ambulance, and other emergency response providers shall be notified in advance of the details of the construction schedule, location of construction activities, duration of the construction period, and any access restrictions that could impact emergency response services. The traffic management plan shall include details regarding emergency service coordination. Copies of the traffic management plan shall be provided to all affected emergency service providers.

2. Events During Operation of Project. Should the Tribal Parties develop the Project as described as Alternative A, B, or C, (as described in the FEIS) and if a special event at the proposed convention center or amphitheater is scheduled to accommodate 1,000 or more attendees ("Special Event"), the Tribal Parties shall meet with local agencies charged with traffic enforcement (including but not limited to the California Highway Patrol, the City, and Tulare County) to obtain necessary off-site permits for traffic control and identify any necessary traffic control measures to be implemented. If required by the California Department of Transportation, an event-specific Traffic Management Plan (TMP) shall be prepared. In such instances, the Tribal Parties also agree to prepare a public safety plan consistent with City Fire Official requirements applicable to other similarly-sized events within the City's jurisdiction related to fire safety, addressing emergency vehicle ingress and egress, fire protection, emergency egress or escape routes, emergency medical services, public assembly areas, safety and parking direction, the need for presence of law enforcement and the need for fire and emergency medical services personnel. Crowd managers (which may include Project security personnel) shall be established at a ratio of one manager to every 250 persons, although, if agreed to, that ratio may be reduced based on the nature of the Special Event. Crowd managers shall conduct an inspection of the area of responsibility and identify/address any egress barriers, conduct an inspection of the area of responsibility to identify and mitigate fire hazards, verify compliance with all permit conditions, including those governing pyrotechnics and other special effects, direct and assist the event attendees in evacuation during any emergency, assist emergency personnel where requested, and other duties as required by the fire safety plan. The Parties agree to meet monthly, or as necessary, to review Special Events planned at the Project and to enable the Tribal Parties to consult with the City on the requirements to be included in the public safety plan. -2-

EXECUTION VERSION

3. Traffic Mitigation and Frontage Improvements - Opening Day. (a) Project Frontage Improvements. Should the Tribal Parties develop the Project as described as Alternative A, B, or C, (as described in the FEIS), the Tribal Parties shall ensure the frontage improvements (West Street) listed below are incorporated into the final Project design and shall complete, or assist in the completion of, (as applicable) the project frontage improvements prior to Opening Day. For purposes of this Agreement, "Opening Day" shall be defined as the day the Tribal Parties offer class Ill gaming to the public at the Site. (i) All Project driveways shall be stop controlled with a minimum of one shared lane to exit the Project.
(ii) West Street shall be free-flowing without any stop signs. (iii) The main Project driveway (Project Driveway #1) shall include a southbound left turn lane into the Project, with a minimum storage length of 250 feet or a two-way turnlane along the frontage of the Project. (iv) Any driveway designated as "Emergency Access Only" shall include clearly visible fire station or fire truck warning signs posted on northbound and southbound approaches along West Street consistent with City of Porterville Design Standards. Flashing amber beacons that can be activated by emergency personnel shall also be installed where appropriate. (b) Traffic Mitigation Measures.
(i) Intersection Improvements. The FEIS for the Project identified potential traffic-related impacts to several intersections within the City's jurisdiction. Accordingly, the City and the Tribal Parties agree that the Tribal Parties shall design and construct the improvements identified on Exhibit A, which correspond to the mitigation measures of the FEIS for the Project, specifically referenced as the Scranton Avenue/West Street (traffic signal and widening) and the Scranton Avenue/Westwood Street (traffic signal). The Tribal Parties shall complete said improvements prior to Opening Day, provided that the City's review of design plans, necessary CEQA compliance documentation, right-of-way acquisition and issuance of grading and encroachment permits occurs in a reasonably timely manner.

Within thirty (30) days of the City's receipt of notice from the Tribal Parties of its intent to commence the design of the traffic improvements, the City shall deposit its estimated pro rata share of the actual cost for the applicable improvements in an escrow account to be established by the Parties. They City's pro-rata share percentage for the improvements is identified in Exhibit A. Such funds may, in the Tribal Parties' discretion, be drawn upon and used by the Tribal Parties or its designee to pay the City's pro rata share of the actual costs of design, environmental review, construction, improvement, and equipping of the applicable improvements. Upon completion of the applicable improvements, any remaining funds in the escrow account shall be reimbursed to the City. (ii) Segment Improvements. The FEIS for the Project identified potential impacts to pavement conditions for certain segments of roadways within the jurisdiction of Tulare County.

The Tribal Parties shall offer to enter into an agreement with the appropriate jurisdiction(s) regarding financial responsibility for improving the current conditions of such segments, specifically referenced as West Street, Teapot Dome Avenue, and Westwood Street, as necessary, to mitigate the Project's incremental impacts to traffic and to address necessary improvements identified in Section 5.8.3 of the FEIS. The necessary street rehabilitations will be determined by standard engineering principles associated with the pavement condition index. The Tribal Parties' one-time fair share towards these improvements would take into consideration other regional projects that contribute to traffic on these roadways, including the Tulare County jail project. If the Tribal Parties are not able to enter into an agreement with the appropriate jurisdiction(s) for such improvements, the Parties shall utilize the dispute resolution procedures set forth in Section G.2 to determine the financial responsibility for improving the current conditions of West Street, Teapot Dome Avenue, and Westwood Street, as necessary, to mitigate the Project's incremental impacts to traffic and to address necessary improvements identified in Section

5.8.3 of the FEIS.
- 3 -

EXECUTION VERSION
(iii) City Assistance. The City agrees to make good faith efforts to assist the Tribal Parties in obtaining any approvals necessary from the City, County or State agencies necessary to authorize the Tribal Parties to construct any of the traffic improvements required under this Agreement.

4. Future Traffic Improvements. For those improvements identified in the FEIS recommended to be completed by 2040, the Tribal Parties shall make good faith efforts to assist the appropriate jurisdiction(s) in implementing such improvements and shall make a fair share contribution towards the cost to construct such improvements.

5. Funding Improvements. With respect to any traffic mitigation measures required to be funded by the Tribal Parties, including any non-recurring payment, such funding requirement shall be reduced by the amount of any federal or state grant or other funding received by or committed to the City or for the City's benefit through the efforts in whole or in part of the Tribal Parties. In the event the Tribal Parties pay all or any portion of the required funding while an application for a government grant is pending and such government grant is later received by the City, the Tribal Parties shall be given credit for the amount received, up to the applicable required funding, against future payments or costs due under this Agreement.

6. Acknowledgement of Tribal Parties' Complete Mitigation. The City agrees that the foregoing measures in this Section A, inclusive, will further and fully address and mitigate any and all traffic impacts of the Project to the environment and the City services as described in the FEIS, as well as under any Tribal Environmental Impact Report and any other environmental document the Tribe must prepare or have prepared for the Project under any compact with the State of California. The Parties agrees that the Tribal Parties shall not be required to pay to the City any traffic impact fees associated with the Project.

7. Availability of Credits Under the Compact. To the extent authorized by the Compact, the Tribe shall be entitled to claim the pro rata share as a credit against its payment obligations under the Compact.

B. FEE-TO-TRUST APPLICATION FOR GAMING PURPOSES.

1. Support of Fee-to-Trust Application. The City, by approving this Agreement, provides its support of the Tribe's application to the United States Department of the Interior pursuant to 25 U.S.C. § 2719(b)(a)(A). The City hereby agrees that the Project, including the fee-to-trust transfer, is not detrimental to the City. The City agrees to communicate such support as reasonably requested by the Tribe.

2. Non-Opposition. The City agrees that the Project is not detrimental to the City and agrees not to oppose any efforts by the Tribe to obtain a two-part determination pursuant to 25 U.S.C. § 2719(b)(1)(A) and the Governor's concurrence therewith and to otherwise develop the Project. The City also agrees not to oppose efforts by the Tribe to negotiate and obtain a Compact.

C. PAYMENTS IN LIEU OF TAXES.

1. Annual Payment Amount. The Parties agree and acknowledge that should the Site be transferred into trust for the benefit of the Tribe, the Site will not be subject to any City and/or Tulare County taxes. As a result, any revenue the City and/or Tulare County currently generate from the Site would cease. The Tribal Parties will make an annual payment to the City, in accordance with the provisions set forth herein, in an amount up to $976,084, commencing ninety (90) days after Opening Day and recurring each year on June 1st ("Annual Payment"); provided the initial payment shall be prorated based on the number of months remaining in the calendar year. At the discretion of the Tribal Parties, the Annual Payment may be made in equal quarterly payments. From the Annual Payment, $250,000 shall be used annually for the City's increased law enforcement costs related to the Project and $50,000 annually shall be used for training costs incurred by the City Fire Department for training for both City and Tribal Parties' fire personnel. Additionally, $300,000 annually shall be deducted as a credit to the Tribe pursuant to Section C.8(a) below.
-4-

EXECUTION VERSION

2. Evaluation of Annual Payment. The Parties recognize that the Annual Payment is a good faith estimate of the amount the Tribal Parties' would have paid to the City for the City's Property Tax (limited to the value of the improvements as of the Effective Date), Transient Occupancy Tax, and Utility Users Tax, as of the Effective Date, if the Site was not taken into trust ("City Tax Revenue"). The Parties agree and acknowledge that the actual City Tax Revenue the City would have realized from the Project may differ from the estimates agreed to as of the Effective Date. Therefore, on or before February 1st of each year, either Party may request an evaluation of the amount of the Annual Payment and may submit information relevant to the determination of the Annual Payment. The Parties shall negotiate in good faith in evaluating and determining the amount of the Annual Payment. Any financial or proprietary information provided by either Party shall be "Confidential Information" for purposes of Section H.1 . If the Parties do not reach an agreement on the amount of the Annual Payment by April 30th, the Parties shall utilize the dispute resolution procedures in Section G.2 to determine the amount of the Annual Payment.

3. Establish Annual Payment Fund. The Parties agree that the Tribal Parties will establish an "Annual Payment Fund" with the City to receive and disburse the remaining funds (after the adjustments per Section C.1 are made) from the Tribal Parties to the City, subject to the determinations of the Annual Payment Fund Selection Committee ("Selection Committee") as described herein. The City shall administer the Annual Payment Fund.

4. Selection Committee. Proposals for the remaining funds and any credits for other payments or grant funds received (excluding the funding and credits specified in Section C.1 or as otherwise specified in this Agreement), will be reviewed and analyzed by a Selection Committee. The Selection Committee will be comprised of four (4) members serving two-year terms, of whom two (2) members shall be appointed by the City Council and two (2) members shall be appointed by the Tribal Council of the Tribe. The Selection Committee will evaluate funding proposals and make funding determinations, as described further herein. All determinations must be by a minimum of three (3) votes.

Determinations by the Selection Committee may be subject to approval by the City and Tribal Parties' legislative bodies prior to going into effect. The Selection Committee shall meet quarterly at a minimum.

5. Funding Determinations. The Selection Committee will establish "Guiding Principles", to be revised every three (3) years, for the selection of funding proposals. Determinations as to which funding proposals will be selected and how much will be allocated to each project will be made by the Selection Committee in compliance with the Compact, this Agreement, and the Selection Committee's Guiding Principles.

6. Use of Funds. The Annual Payment to the City shall be used to fund projects and/or initiatives benefitting the Project and the local community, including but not limited to, construction and development of a regional storm water retention basin to serve the Airpark Master Plan area as described in the FEIS, added fire protection equipment and trucks as identified by the Tribe to serve the Project and the surrounding community, mutual aid enforcement services, and traffic, roadway and maintenance improvements in the vicinity of the Site.

7. Recipients. The Annual Payment Fund will be disbursed to fund projects selected by the Selection Committee and which are sponsored by: (1) the City; (2) joint powers authorities of which the City and the Tribe are members; and/or (3) non-profit agencies sponsored by government entities that provide services in Tulare County of the type set forth in Section C.6 herein. Nothing herein is intended to preclude the Selection Committee from funding proposals which involve Federal, State, County, or Tribal agencies.

8. Credits Against Annual Payment. The Tribal Parties may deduct the following amounts from the Annual Payment: ,
(a) City Benefits of Water Facility. The City acknowledges that the Project is intended to include the development of the Water Facility that will serve the needs of the Tribal Parties, but will also result in significant benefits to the City by: (1) reducing the City's potable water use at the Porterville Sports Complex (net annual reduction of 73,800 gallons as described in the FEIS); (2) reducing the need for the City to develop additional potable water supplies and purchase additional surface water rights; (3) - 5 -

EXECUTION VERSION
reducing the amount of sewage disposed of by the City, by diverting it for reuse; and (4) allowing the City to treat its own effluent through the Water Facility and the option to expand the capacity of the Water Facility to provide the treated water for higher value uses (collectively, the "City Benefits"). In consideration of these benefits, the City shall deduct $300,000 from the Annual Payment amount, consistent with the terms set forth in Section C.1, above, and in recognition of the City Benefits, the obligation of the Tribal Parties to pay the Annual Payment shall be reduced by the amount of that credit. (b) Additional Contributions. Subject to the review and approval of the Selection Committee, the Tribal Parties may deduct from the Annual Payment any amounts the Tribal Parties contribute to the City in excess of the Annual Payment, but excluding the mitigation and other funding required by this Agreement and/or pursuant to the FEIS for the Project. (c) SDF Payments. The Tribal Parties may deduct from the Annual Payment any amounts the City receives from the Special Distribution Fund ("SDF") or similar funds established by the State or a tribal-state compact to address impacts of gaming on local communities. (d) Grant Funding. The Tribal Parties may deduct, subject to the review and approval of the Selection Committee, from the Annual Payment any amounts which the Tribal Parties receive, or is entitled to receive, from any federal or state grant or other funding and to which is diverted or committed to the City or for the City's benefit through the efforts in whole or in part of the Tribal Parties, excluding any grant funds received for the development and construction of the water treatment facility discussed in Section C.8(a), as the benefits received by the City have been addressed in Section C.8(a).

D. LAW ENFORCEMENT & EMERGENCY SERVICES.

1. Law Enforcement. The Tribal Parties intend to enter into an agreement with Tulare County to provide law enforcement services to the Project at a level of service necessary to address the needs of the Project.

2. Fire Services. The Tribal Parties intend to construct a fire station at the Site, operated by the Tule River Fire Department, to provide fire protection and emergency medical services to the Project. The Tule River Fire Department will maintain sufficient staff levels and equipment necessary to serve the needs of the Project.

3. Services Agreements. Should the Tribal Parties not enter into an agreement with Tulare County to provide law enforcement services to the Project and/or does not construct a fire station at the Site to meet the needs of the Project, the Tribe shall enter into good faith negotiations with the City and any other appropriate jurisdiction(s) to ensure adequate law enforcement, fire protection and emergency medical services are provided to the Project as intended by this Section D. In the event the Parties cannot come to an agreement, the Parties shall utilize the dispute resolution procedures set forth in Section G.2.

4. Events. With regard to Special Events, the Tribal Parties agree to comply with the requirements specified in Section A.2, above.

E. RECYCLED WATER, POTABLE WATER, SEWER AND WASTEWATER TREATMENT SERVICES.

1. Recycled Water Services. The Parties acknowledge and agree that the City will ensure the Water Facility, at all times, maintains the capacity to produce sufficient recycled water to offset the potable water use of the Project. The City shall also provide recycled water from the Water Facility to the Tribal Parties for purposes of irrigating the Project and other non-potable uses. - 6 -

EXECUTION VERSION

2. Water, Wastewater Treatment and Sewer Services. The City's public water, wastewater treatment and sewer services shall serve the Project and the City shall provide the access and availability of such water, wastewater treatment and sewer services to the Project prior to Opening Day and shall thereafter provide access and availability of such water, wastewater and sewer services to the Project commensurate with such services provided to properties of similar density and use in the City.

The Tribal Parties shall pay the City the monthly service fees for such services consistent with the rates adopted annually by the City and applied to other City ratepayers.

3. Quality of Service. The City shall provide to the Project the quality of sewer, wastewater treatment and water services commensurate with services provided to properties of similar density and use in the City.

4. Connection to City Systems. In recognition of the significant investment of the Tribal Parties in constructing the Water Facility and other improvements to the sewer collection system as described in the FEIS, the City acknowledges and agrees that such investment meets and/or exceeds the cost of any water, sewer and wastewater treatment connection fees to connect the Project to the City's wastewater treatment, water and sewer systems. The City therefore acknowledges and agrees that any such connection fees shall be deemed satisfied and paid in full.

F. CEQA COMPLIANCE BY CITY.

1. Compliance with CEQA. The City acknowledges that it will fully comply with CEQA to the extent applicable before funding, approving, or undertaking any discretionary action described in this Agreement that affects the physical environment. Nothing in this Agreement shall be construed in any manner that constitutes funding, approving, or undertaking any particular action or otherwise limits the City's full discretion to fund, approve, authorize, disapprove, or modify any proposed projects. The execution of this Agreement is not a project under CEQA because this Agreement creates a governmental funding mechanism that can be used for traffic or other mitigation programs should the City undertake such actions after compliance with CEQA to the extent applicable.

2. Timing of CEQA Compliance. The City also acknowledges that it will promptly comply with CEQA to the extent applicable before it exercises its discretion and commits to any particular course of action that may directly or indirectly affect the physical environment so as to minimize any delay with the City's obligations to the Tribal Parties by this Agreement. With respect to any CEQA obligation required of the City by this Agreement, no action or failure to act by the City is to be construed as a default of any obligation undertaken by the Tribal Parties under this Agreement.

3. Cost of CEQA Compliance. The Tribal Parties agree to reimburse the City for the actual and reasonable costs of hiring outside consultants and outside legal counsel necessary for the City to comply with CEQA, including $31,655.00 for the current CEQA process being undertaken by the City; provided such costs are for actions that the City has determined may constitute a "project" under CEQA and are necessary to authorize the mitigation measures required under this Agreement, including approval of this Agreement (to the extent it is reasonably determined to be a "project" under CEQA). The City shall provide an invoice to the Tribe with sufficient supporting documentation for the Tribe to verify the reimbursement request and the Tribe shall pay any undisputed invoice within thirty (30) days of receipt of the invoice.

G. DISPUTE RESOLUTION; LIMITED WAIVER OF SOVEREIGN IMMUNITY.

1. Limited Waiver of Sovereign Immunity. In the event of a dispute between the Tribal Parties and the City (and only the City) over the interpretation, application, or enforcement of this Agreement, the Parties each hereby expressly grant to the other Parties a limited waiver of sovereign/governmental immunity, solely for actions brought by the other Parties, in accordance with the dispute resolution provisions provided herein; provided, however, that any award shall be limited to actual damages and shall specifically exclude punitive, consequential, incidental, expectancy and all other special damages. This limited waiver of sovereign immunity does not extend to any action brought against any Tribal Council Member, Tribal employee, Tribal agent, Tribal member, or any other individual - 7 -

EXECUTION VERSION
acting on behalf of the Tribal Parties and does not extend to any third parties bringing an action against the Tribal Parties. This limited waiver of sovereign immunity shall not diminish or otherwise affect any defense or immunity to which such persons are entitled under the laws of the applicable jurisdiction.

Except as expressly set forth herein, the Tribal Parties do not waive, limit or modify their respective sovereign immunity as it applies to this or any other matter.

2. Dispute Resolution. This Section shall govern the resolution of all controversies or claims between the Tribal Parties and the City that arise from this Agreement and any modifications hereto (collectively, "Arbitrable Disputes"). Wherever this Agreement makes reference to any means of resolving Arbitrable Disputes between the Parties, the Parties agree to follow the meet and confer and mediation procedure described below prior to initiating the arbitration procedures. (a) Voluntary Resolution, Meet and Confer Obligation. Whenever possible, the Tribal Parties and the City shall make their best efforts to informally resolve disputes that occur under this Agreement. In order to foster a spirit of cooperation and efficiency in the administration of the terms and conditions of this Agreement, disputes between the Tribal Parties and the City shall first be subjected to a good faith meet and confer process as follows:
(i) The aggrieved Party shall give the other, as soon as possible after the event giving rise to the concern, written notice setting forth, with specificity, the issues to be resolved.

Notice shall be provided consistent with Section H.3. Said notice shall suggest a date, time and place for the meeting. The Tribal Parties and the City may jointly decide to meet at another time and place; provided, however, the Parties agree that such meeting shall commence within fifteen (15) calendar days after the date that the original notice was given to the applicable Party, unless the Parties agree that there is good cause to extend this time limit.
(ii) The Parties agree that the meet and confer, including proceedings or discussions concerning the proposed meet and confer, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during a meet and confer by any Party or a Party's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including mediation and nonbinding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or otherwise admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the meet and confer. (iii) Absent mutual consent of the Parties, if a noticed meeting fails to commence within the fifteen (15) calendar day period, or if a reasonable attempt to schedule or reschedule the meeting has not been made within those fifteen (15) calendar days, then the meet and confer obligation imposed under this Section shall be deemed to have been satisfied and the Parties shall be free to pursue their rights and remedies under Subsection G.2{b). unless the reason for such failure to meet and confer is the refusal of the Party asserting a claim to participa~e in the meet and confer, in which event said claim will be deemed to have been waived.
(iv) If the dispute is not resolved to the satisfaction of the Parties within thirty (30) calendar days after the first meeting, then upon the written request of either Party, the dispute may be submitted to non-binding mediation in accordance with Subsection G.2{b) ("Mediation Request"). The disputes submitted to non-binding mediation shall be limited to claims that this Agreement has been breached by either the Tribal Parties or the City.
(b) Mediation. In the event a dispute arising under this Agreement is not resolved through the above-described meet and confer process, within thirty (30) days after notice is provided through a Mediation Request, the Tribal Parti.es and the City agree to participate in non-binding mediation administered by a mediator, mutually agreed to by the Parties, to help mediate and settle the dispute as soon as practicable. The mediation shall proceed as follows:
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EXECUTION VERSION
(i)
Tulare County, California.

The mediation shall be held at a mutually agreeable location within (ii) The Parties shall work together to select a single mediator, but if the Parties cannot agree on a mediator within forty-five (45) days of the Mediation Request, each Party will provide three (3) names of mediators based on substantive and procedural knowledge, availability, and location. Each side will have an opportunity to strike 1 name and, to the extent two mediators remain, rank the remaining names (1-2, with 1 being the most favorable). The numbers will be added together and the mediator whose rank is the lowest, which is most favorable, will be chosen mediator. (iii) The mediator shall meet with and hear presentations by the Parties as soon as practicable after appointment.
(iv) Mediation will be conducted consistent with California Evidence Code Sections 1115-1128. The mediator shall owe a professional duty to both the Tribal Parties and the City, and shall be barred from testifying in any litigation or arbitration concerning any information obtained or disclosed in the course of the mediation. (v) Each side shall bear its own costs and attorneys' fees, and one-half of all fees and expenses of the Mediator.
(vi) Unless otherwise agreed upon by the Parties in writing, the mediation shall be completed within ninety (90) days of the selection of the mediator. (vii) The mediator's decision shall not be binding on or admissible against either Party. The Arbitrable Dispute shall be resolved in accordance with the arbitration provisions set forth in Subsection G.2(c) if: (1) a Party elects to reject the mediator's decision; (2) either Party refuses to participate in the mediation process after mediation filing; or (3) the mediator does not meet with the Parties.
(viii) The Parties agree that the mediation, including proceedings or discussions concerning the mediation, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during the mediation by any Party or a Party's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including and non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the mediation.
(c) Arbitration. Following the satisfaction of the meet and confer and mediation requirement, any controversy(ies) or claim(s) arising out of or relating to this Agreement that was not resolved during the meet and confer or mediation (as applicable) must be resolved through binding arbitration. The arbitration shall be held only in accordance with the following procedures:
(i) Either Party may initiate the applicable arbitration by delivering a written notice to the other Party that states the specific issue(s) in dispute, the relevant provision(s) of the Agreement, and the relief requested.
(ii) Within twenty-one (21) calendar days after delivery of such notice, each Party shall notify the other of the name of a practicing lawyer or retired judge with whom the notifying Party desires to have serve as an arbitrator. The lawyer or retired judge shall have experience in California law and Federal Indian law, and whose law firm, if applicable, has at no time represented or acted on behalf of either of the Parties or any person with control over either of the Parties. If either Party fails to act within the twenty-one (21) calendar day period, the arbitrator who should have been appointed by that Party will be appointed pursuant to the same procedures followed when agreement cannot be - 9 -

EXECUTION VERSION
reached as to the third arbitrator.
(iii) Within ten (10) calendar days after arbitrators are appointed by each Party, the two appointed arbitrators shall meet (in person or by phone) to appoint a third arbitrator with the same qualifications and background. Together, the three arbitrators shall comprise the Arbitration Panel.

In the event agreement cannot be reached on the appointment of a third arbitrator at the meeting held within the ten (10) calendar day period, the third arbitrator shall be selected by the Judicial Arbitration and Mediation Service, or such other reputable provider of Alternative Dispute Resolution services as may be agreed by the Parties or, in the absence of such agreement, by the Party requesting arbitration. In the event of any subsequent vacancy or inability to perform, the arbitrator who resigns or becomes unable to perform shall be replaced in accordance with the provision of this Section as if such replacement were an initial appointment to be made hereunder. Notwithstanding the foregoing, the Parties may agree to use a single arbitrator as the Arbitration Panel, provided that the Parties agree on the arbitrator to be appointed. (iv) Each Party shall have the right to conduct discovery in connection with the arbitration proceedings, but such discovery shall be limited to the pre-hearing production of relevant documents and to such depositions, limited both in number of depositions and duration, as the Arbitration Panel may approve by majority vote.
(v) The Arbitration Panel shall hear any and all issues of law and of fact properly raised pursuant to the procedures herein and shall make its decision by majority vote within thirty (30) calendar days after the close of evidence and briefing in the arbitration. The decision shall be issued in writing and include findings of fact, conclusions of law, and the reasons on which the decision is based. (vi) The Arbitration Panel shall have no power to vary or modify any terms of this Agreement, or to decline or fail to follow applicable tribal, state or federal statutory or common law. (vii) Each Party to the arbitration shall pay its own attorneys' and expert witness fees and any other costs associated with the arbitration. The Arbitration Panel shall determine by majority vote who shall bear the fees and expenses of the Arbitration Panel or whether the fees and expenses of the Arbitration Panel shall be shared by the Parties, and if so, in what proportions. The Arbitration Panel's determination as to the allocation of the fees and expenses of the arbitration shall be binding on the Parties.
(viii)
Tulare County, California.

The arbitration shall be held at a mutually agreeable location within (d) Jurisdiction of Courts. ·A Party that has participated in arbitration as set forth in Subsection G.2(c) of this Section (or who has made a good faith effort to do so despite the other's failure to participate) may initiate judicial proceedings to confirm, enforce or vacate the applicable arbitration award in the United States District Court for the Eastern District of California. If, and only if, the United States District Court for the Eastern District of California determines that it is without jurisdiction, the Tribal Parties consent to be sued in the Superior Court of the State of California for the County of Tulare, but solely to compel, enforce, modify or vacate any arbitration award.

3. Applicable Law. This Agreement shall be interpreted and construed in accordance with applicable federal law, to the extent there is rio applicable federal law, California law shall apply.

4. Attorneys' Fees and Costs. If any arbitration or litigation proceeding is commenced between the Parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the Party prevailing in that proceeding shall be entitled, in addition to any other relief that may be granted in the proceeding, to its actual and reasonable attorneys' fees in the litigation, which shall be determined by the court of other body in that proceeding or in a separate proceeding brought for that purpose.
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EXECUTION VERSION
H. MISCELLANEOUS PROVISIONS.

1. Confidentiality. Unless required to do so by law, including but not limited to, the Ralph M.

Brown Act or the California Public Records Act, the City may not disclose to third parties any information it receives from the Tribal Parties that the Tribal Parties have identified as confidential ("Confidential Information"). If the City determines that it must disclose any information that the Tribal Parties have identified as Confidential Information, then it shall promptly give the Tribal Parties written notice of its intention to disclose such information and the authority for such disclosure. The Tribal Parties shall have a period of seven (7) calendar days thereafter within which to seek a protective court order to prevent such disclosure or to notify the City that it will not seek such an order. The City shall cooperate with the Tribal Parties in any efforts to seek such a court order. The City shall not disclose the information until the above-referenced period has expired without a response from the Tribal Parties, or the Tribal Parties have notified the City that it will not seek such an order, or the Tribal Parties have sought and a court has declined to issue a protective order for such information. Upon termination of this Agreement, and to the extent permitted by applicable law, the City shall immediately, upon the Tribal Parties' request, return to the Tribal Parties any and all Confidential Information, including copies thereof. Unless required to do so by law, the Tribal Parties may not use or disclose any information it receives from the City under this Agreement that the City has identified as Confidential Information or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Agreement or as authorized in advance by the City. This duties and obligations of the Parties in this Section H.1 shall survive termination of this Agreement.

2. Indemnification.
(a) Indemnification by the Tribe. The Tribal Parties agree that to the fullest extent permissible by law and to the extent such Claims (defined below) do not arise as a result of the City's sole negligence or willful misconduct, or as otherwise explicitly excluded in this Agreement, the Tribal Parties will indemnify, defend and hold harmless the City from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and expenses (including actual and reasonable attorneys' fees), but excluding punitive, special, and consequential damages ("Claims") arising from any third party action or proceeding filed against the City which challenges the City's approval, execution or delivery of this Agreement or as a result of the Tribe's development, construction or operation of the Project that is in material violation of the Tribal Parties' obligation to the City under this Agreement. (b) Conditions. The Tribal Parties' obligations under this Section H.2 are conditioned on the following: (i) the City must permit the Tribal Parties to have sole control of the defense and settlement of any Claim for which indemnification is sought; (ii) the City must notify the Tribal Parties as soon as reasonably practical in writing upon knowledge of a Claim for which the City seeks indemnification; (iii) the City must provide all authority, information, and cooperation or assistance necessary to permit the Tribal Parties to settle or defend the Claim; and (iv) the City may not settle any Claim or make any prejudicial statement or admission in relation to such Claim without the Tribal Parties' express written consent. Notwithstanding the above, nothing in this provision shall preclude the City counsel's office to be associate counsel on behalf of the City and to participate as such in any legal processes or proceedings or to be a member of any such defense team, at the City's sole cost and expense.

3. Notices.

All notices required by this Agreement will be deemed to have been given when made in writing and delivered or mailed to the respective representatives of the City and the Tribal Parties as follows:

To the Tribal Parties:

Chairman Neil Peyron
Tribal Council Tule River Indian Tribe
P.O. Box 589
Porterville, CA 93257
- 11 -
With a Copy to:

Kerry Patterson
Procopio, Cory, Hargreaves & Savitch LLP
525 B Street, Suite 2200
San Diego, CA 92101

EXECUTION VERSION
To the City:

John D. Lollis
City Manager City of Porterville
291 North Main Street
Porterville, CA 93257
With a Copy to:

Julia M. Lew
McCormick, Kabot, Jenner & Lew
4010 South Demaree Street
Visalia, CA 93277
Any Party may change the address or facsimile number to which such communications are to be given by providing the other Parties with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change.

All notices will be effective upon receipt and will be deemed received through delivery if personally served or served using facsimile machines, or on the fifth (5th) day following deposit in the mail if sent by first class mail.

4. Term of Agreement. The term of this Agreement commences on the Effective Date and runs concurrently with the term of the Compact, as amended or extended; provided, however, should the Site not be taken into trust for the benefit of the Tribe, this Agreement shall be null and void in its entirety.

5. No Third Party Beneficiaries. This Agreement is not intended to, and will not be construed to, confer a benefit or create any right on a third Party, or the power or right to bring an action to enforce any of its terms.

6. Amendments. This Agreement may be amended only by written instrument duly signed and executed by the City and the Tribal Parties.

7. Renegotiation.
(a) Tribal Renegotiation. The Tribal Parties may request that the City renegotiate one or more of the provisions of this Agreement if there is a change in law or other circumstances which has a significant and adverse financial impact on the Project or the Tribe. Such changes shall be deemed to include, without limitation, the following:
(i) Any change in California or Federal constitutions, law, rules, regulations, guidelines, or the construction or interpretation thereof, relating to IGRA or gaming on Indian lands, or ending the prohibition on class Ill gaming or the operation of gaming devices in the State; (ii) A reduction in the scope of gaming permitted in Indian Country; (iii) A change in the scope of the class Ill gaming activities authorized by the Compact compared to those the Tribal Parties anticipated in the financial projections; or - 12 -

EXECUTION VERSION
(iv) A change in the scope of the Project, including phasing development that reduces the potential environmental impact of the Project and the City's costs associated with such impacts.
(b) Mutual Renegotiation. Either Party may request that the other Party renegotiate one or more of the terms of this Agreement if, and only if, (i) there is a significant change that directly or indirectly related to the Party's expectations under this Agreement; (ii) that change materially impacts that Party; and (iii) that change could not have been reasonably anticipated at the time of entering into this Agreement.

8. Waiver. The waiver by either Party or any of its officers, agents or employees, or the failure of either Party or its officers, agents or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement, will not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement, unless such waiver is expressly set forth in writing in a document signed and executed by the appropriate authority of the City or of the Tribal Parties.

9. Authorized Representatives. The persons executing this Agreement on behalf of the Parties hereto affirmatively represent that each has the requisite legal authority to enter into this Agreement on behalf of their respective Party and to bind their respective Party to the terms and conditions of this Agreement. The persons executing this Agreement on behalf of their respective Party understand that both Parties are relying on these representations in entering into this Agreement.

10. Successors in Interest. The terms of this Agreement will be binding on all successors in interest of each Party.

11. Severability. The provisions of this Agreement are severable, and the adjudicated invalidity of any provision or portion of this Agreement shall not in and of itself affect the validity of any other provision or portion of this Agreement, and the remaining provisions of the Agreement shall remain in full force and effect, except to the extent that the invalidity of the severed provisions would result in a failure of consideration or would materially adversely affect either Party's benefit of its bargain. If a court of competent jurisdiction were to determine that a provision of this Agreement is invalid or unenforceable and results in a failure of consideration or materially adversely affects either Party's benefit of its bargain, the Parties agree to promptly use good faith efforts to amend this Agreement to reflect the original intent of the Parties in the changed circumstances.

12. Force Majeure. In the event of a forced delay in performance by either the Tribal Parties or the City due to causes beyond the reasonable control of that Party, including but not limited to fire, floods, catastrophic weather events or other natural disasters, epidemics, embargoes, war, acts of war (whether or not war is declared), insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances, acts of God, acts or inaction by the other Party, its employees or agents, unusual delay in transportation, unavailability of materials, the time for performance shall be extended for the period of the forced delay.

13. Entire Agreement: Voluntary Agreement.
(a) This Agreement constitutes the entire agreement between the City and the Tribal Parties and supersedes all prior negotiations, representations, or other agreements, whether written or oral.
(b) Each Party represents and warrants that it has been represented by legal counsel of its choice in connection with the negotiation, execution and delivery of this Agreement. In the event of a dispute between the Parties as to the language of this Agreement or the construction or meaning of any term hereof, this Agreement will be deemed to have been drafted by the Parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any Party to this Agreement.
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EXECUTION VERSION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date set forth above.
[SIGNATURE PAGES TO FOLLOW]
- 14 -
Dated:

EXECUTION VERSION

TULE RIVER INDIAN TRIBE
By: -._..,_A_
Neil Peyron
Chairman, Tribal Counc·
[Signature Page to MOU -Tule River Indian Tribe, Tule River Tribe Gaming Authority and City of Porterville]

EXECUTION VERSION

TULE RIVER TRIBE GAMING AUTHORITY
Dated:

By ---Ad~~ Neil Peyron
Chairman, Board of Directors
[Signature Page to MOU -Tule River Indian Tribe, Tule River Tribe Gaming Authority and City of Porterville]

EXECUTION VERSION
Dated ot/os j{)t71c; CITY OF PORTERVILLE
B~ !l. ~ .

Martha A. Flores, Mayor
ATTEST:

AP VEDAS TO FOf M:

Dated: 0 8 / 00/81)/°} I •

FOR CITY OF PORTERVILLE
~ Lew, yAttorey
[Signature Page to MOU -Tule River Indian Tribe, Tule River Tribe Gaming Authority and City of Porterville]

EXECUTION VERSION
Exhibit A
(1) Installation of a traffic signal and widening northbound approach to accommodate leftturn lane at Scranton Avenue and West Street (see detail on attached sheets). The City's fair share percentage shall be 14.4% of the actual cost of such improvements. (2) Installation of traffic signal at Scranton Avenue and Westwood Street (see detail on attached sheets). The City's fair share percentage shall be 44.2% of the actual cost of such improvements.

SCRANTON AVENUE & WEST STREET
~-.~-..., TRAFFIC SIGNAL & STREETS WIDENING

EXECUTION VERSION
"' > - a SCALE: 1" = 150'
~ PETERS ENGINEER ING GROUP ----------------------------------------------- Figure 3

EXECUTION VERSION
~ -- J "' 1L'.' = ~w:·· · .t. J uLI .,., 11·~ ... :r-· .. J;?.~ ·,,~,·••"'Ay~tr>'~!l'.:~i I . :?:: :'t ~..£~.'\!'~.!.-~~~...... • • -~, :~1~. "', "- I _.°"' ' ,-~-
SCRANTON AVENUE & WESTWOO~-~,:,ET ~-
TRAFFIC SIGNAL ~. • '\~ ~-"~-~· ~· ~~~- SCALE: 1" = 150' ~ PETERS ENGINEERING GROUP ----------------------------------------------- Figure 4 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016

JOINT POWERS AGREEMENT

BETWEEN

CITY OF PORTERVILLE AND

THE TULE RIVER TRIBE
Execution Version

FOR DEVELOPMENT OF WASTEWATER AND RECYCLED WATER SYSTEM

FACILITIES ESTABLISHING THE

PORTERVILLE AREA DEVELOPMENT AUTHORITY
This Joint Powers Agreement ("Agreement") is entered into and executed as of August 30th , 2021, by and between the City of Porterville, a California charter city ("City"), and the Tule River Tribe, a federally-recognized Indian tribe ("Tribe"), pursuant to the Joint Exercise of Powers Act (Gov. Code, § 6500 et seq.), who may be referred to herein as the "Parties."

RECITALS
A. WHEREAS, the City is authorized to enter into a joint powers agreement for the purpose of owning, operating and financing wastewater facilities, including without limitation wastewater system facilities and facilities for the production, delivery and sale of recycled water; and
B. WHEREAS, the Tribe is a public agency for the purposes of California Government Code Section 6500 with full authority to enter into a joint powers agreement with the City; and
C. WHEREAS, the City operates wastewater facilities which provide secondary treatment of sewage and wishes to manage potable water supplies available within the City by making recycled water available for a variety of uses currently supplied with potable water, including irrigation of the City Sports Complex, and irrigation and other uses within the Casino Project being developed by the Tribe; and
D. WHEREAS, the Tribe is developing a tertiary wastewater treatment facility, to treat secondary effluent produced from the City's wastewater system in coordination with the City, and the facility will provide recycled water to the Project and to the City Sp01ts Complex and is anticipated to offset the potable water use of the Project as well as City uses; and E. WHEREAS, the Tribe and the City also desire to establish an entity for the purpose of facilitating the development of comprehensive transportation improvements for west Porterville, including the Porterville business park, including the pursuit of funding; and the development of a Tribe Active Transportation Plan (ATP) so that the Authority can pursue grant funding.

AGREEMENT
NOW THEREFORE, in consideration of their mutual promises and unde1takings set f01th herein, the Parties agree as follows:

DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
ARTICLE l. PURPOSE AND POWERS.

1.1 Purpose and Powers. This Agreement is made pursuant to the prov1s1ons of A1iicle 1, Chapter 5, Division 7, Title 1 of the Government Code, commencing with section 6500, relating to the joint powers common to public agencies. The purpose of this Agreement is to exercise the Paiiies' joint powers, specifically including, but not limited to:
a) Public funding, and oversight related to the construction, maintenance, repair, improvement, and expansion and operation of wastewater collection, treatment, and disposal, including without limitation water recycling and distribution facilities and the production, distribution and sale of recycled water; b) Facilitating, pursuing and/or funding the development of comprehensive transpmiation improvements for the west Porterville area smTotmding the Casino Project including the P01ierville business park; and
c) Exercising all other powers as may be authorized by law, in addition to the specific powers enumerated herein.

1.2 Designation Per Government Code § 6509. To the extent required by law, the powers exercised by the Parties pursuant to this Agreement shall be subject to the restrictions upon the manner of exercising such powers of the City.

ARTICLE 2. CREATION OF AUTHORITY; CITY TO ADMINISTER

2.1 Creation of Authority. The Porterville Area Development Authority ("Authority") is hereby created which shall be a public entity separate from the Parties to this Agreement. The Authority shall be responsible for its own debts, liabilities and obligations.

2.2 Delegation of Authority to the City. The Parties delegate authority to the City to administer this Agreement, including acting on Authority's behalf in connection with future agreements entered into between the Parties.

ARTICLE 3. GOVERNANCE

3.1 Party Representatives. The City shall be entitled to three voting representatives on the Board of the Authority, as appointed by the City Council. Unless otherwise detennined by the City, the City Manager shall additionally be, ex officio, a member of the Board. The Tribe shall be entitled to two voting representatives, appointed by the Tribal Council. Unless otherwise dete1mined by the Tribe, the Tribal Chairperson shall additionally be, ex officio, a member of the Board. Each Party may designate one alternate Board member by notifying the Authority and the other Party in writing of the person so designated to act when a Board member is unavailable.

3.2 Quorum. A quorum for the transaction of any business shall require the presence of four representatives, who may be alternates.
2 DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version

3.3 Meetings; Frequency. The Board shall meet not less frequently than annually.

Meetings shall be called and conducted in accordance with the Brown Act.

ARTICLE 4. FINANCIAL PROVISIONS

4.1 Treasurer. Pursuant to Government Code Sections 6505 and 6505.5 governing the accountability of all funds and repmt of all receipt and disbursement for the Autho1ity, the treasurer of the City shall be treasurer ("Treasurer") of the Authority. The Treasurer shall possess the powers ot: and shall perfonn those functions required by, Government Code Sections 6505, 6505.5 and all other applicable laws and regulations. The Board shall also designate an Auditor/Controller for the Authority pursuant to Government Code Sections 6505 and 6505.5 or shall cause an independent audit to be made by a ce1tified public accountant or public accountant in compliance with Government Code Section 6505, as applicable.

4.2 Authority to Handle Property. The City Manager of the City or his or her designee shall have charge of, handle, or have access to any prope1ty of the Authority and shall be required to file an official bond, which may be a master bond.

4.3 Sm]Jlus Funds. The Authority shall have the power to invest any money in the treasury pursuant to Section 6505.5 that is not required for the immediate necessities of the Authority, as the Authotity determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code.

4.4 Contributions Required. The Paities agree that each will contribute to the capital and operating costs of the Authority in accordance with the annual budget approved by the Board and the initial budget for commencement of operations.

4.5 Quarterly Financial Reports. The City shall provide quarterly financial repo1ts to the Board, provided that the Board may prescribe the form and timing of such reports.

4.6 Annual Statement of Financial Condition. Prior to the end of each operating year, a certified public accounting finn, will be selected by the Board, and, not more than ninety (90) days after the end of the year, a report certifying the year-end financial condition of the Authority, including statements of income and expenses for the year, assets and liabilities, and auditor's notes, if appropriate, shall be provided to the Parties by the accounting firm selected for that purpose. The cost of the report shall be considered an operating expense of the Authority.

The annual audit shall be filed with each of the Patties and as required by law.

4.7 Purpose of Contributions. The Parties agree that (a) contributions from their respective treasuries may be made for the purpose(s) set forth in this Agreement, (b) payments of public funds may be made to defray the cost of such purposes, ( c) advances of public funds may be made for the purpose(s) set forth in this Agreement, such advances to be repaid as provided in this Agreement, and ( d) personnel, equipment or prope1ty of one or more of the Parties may be used in lieu of other contributions or advances if agreed to in writing by the Pmties. The funds may be paid to and disbursed by the Authority.

4.8 Fiscal Year. Unless othe1wise determined by resolution of the Board, the fiscal year of the Authority shall commence on July 1 each year. 3 DocuSign Envelope ID: 1 BA66A70-8455-4973-AC7E-0C6100011016 E-i.:ecution Version
ARTICLE 5. LIABILITY; INDEMNIFICATION

5.1 Allocation of Liabilities. As to any debts or liabilities based upon California Government Code Section 895.2, pursuant to the provisions of California Government Code Section 895.4, this Aiiicle allocates such liabilities (e.g., the vicarious liability imposed by law as a result of the existence of this Joint Powers Agreement). The City and the Tribe shall be liable for any such liability imposed by law in proportion to their responsibility for such debts and liabilities incurred in the perfom1ance of this Agreement. The rules therefore as set forth in California Civil Code§ 2778 are hereby made a part of this Agreement.

5.2 Defense and Indemnity Obligations. The Tribe shall defend, indemnify and hold the City, its City Council members, officials, officers, employees and agents ha1111less from and against all claims, demands, liability, costs, expenses, damages, injury or loss (including reasonable attorneys' fees) to which the City, its City Council members, officials, officers, employees and agents may be subject by reason of any claims challenging the validity of this Agreement or any action taken in fmiherance of this Agreement, including but not limited to, any challenge to the approval of the TWSF or any contract to implement the TWSF, alleged wrongdoing, misconduct, negligence, or fault by the Tribe, its council members, officials, officers, employees or agents in the peiformance of this Agreement, and including any debts or liabilities incurred in the performance of this Agreement. The City shall defend, indemnify and hold the Tribe, its members, officials, employees and agents harmless from and against all claims, demands, liability, costs, expenses, damages, injury or loss (including reasonable attorneys' fees) to which the Tribe or its members, officials, officers, employees and agents may be subject by reason of any claims arising from the alleged wrongdoing, misconduct, negligence or fault by the City, its City Council members, officials, officers, employees or agents brought by a third party seeking damages based solely on the conduct of the City, its City Council members, officials, officers, employees or agents in implementation of this Agreement. No indemnification is required to be paid by the Tribe for any claim, loss or expense arising from (a) the willful misconduct or negligence of the City or the Authority, or their respective officers, employees or agents, or (b) a default hereunder by the City or the Authority.

5.3 Notice of Third-Pa1iy Claim. Upon receipt of any third-party claim, demand or other notice that may result in an indemnity obligation of the other pa1iy under this Article, the receiving party shall provide a copy of such claim, demand or other notice to the other party as soon as reasonably practicable, but in any event within ten ( 10) calendar days of receipt.

ARTICLE 6. TERM AND TERMINATION

6.1 Effective Date; Tem1. This Agreement shall be effective as of the date of this Agreement first written above. It shall continue in full force and effect for a term of fifty (50) years from the effective date, unless tenninated as hereinafter provided, except that notwithstanding any other provision of this Agreement, this Agreement shall continue in full force and effect during the term of any outstanding bonds issued by the Authority, or until all indebtedness of the Authority is retired.
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6.2 Tem1ination Option. Either party may elect to tenninate this Agreement by g1vmg not less than twelve months prior written notice to the other party, whereupon this Agreement will terminate at the end (June 30) of the following fiscal year, provided that, (1) no such notice shall be effective during the tenn of any outstanding bonds or indebtedness of the Authority; or (2) ifthere are any outstanding bonds or indebtedness of the Authority or any party in connection with any projects to be developed or funded by the Authority, City may, prior to city acceptance of the facilities, acquire such facilities and terminate this Agreement by making. provision for retiring, defeasing, or otherwise satisfying all outstanding obligations inctmed to· finance such facilities.

6.3 Parties' Rights and Duties on Expiration or Termination. Should this Agreement expire at the end of its tenn, or if it is tenninated for any reason, the Patties shall continue to work together until all obligations incun-ed prior to expiration or notice of termination, have been fully performed. No further obligations will be incurred.

ARTICLE 7. MISCELLANEOUS

7.1 Governing Law. The validity of this Agreement and any of its tenns or provisions as well as the rights and duties of the Parties shall be governed by the laws of the State of California.

7.2 Entire Aureement. This Agreement contains the entire Agreement of the Parties and shall be binding upon and inure benefit of the Parties, their successors and assigns.

7.3 Additional Parties. Nothing herein shall preclude the addition of other governmental entities as parties to this Agreement, so long as the Parties agree to such addition.

If an entity is added as a party, it shall be bound by the te1ms and conditions of this Agreement.

7.4 Notices. Notices required by law or by this Agreement, shall be deemed sufficient if given, (a) by email to the following, or (b) in writing and deposited in the United States Mail, postage prepaid, to the following:

City of Po1terville:

Tule River Tribe:

McCormick, Kabat, Jenner & Lew
Attn: Julia Lew, City Attorney
4010 South Demaree Street
Visalia, CA 93277
T: (559) 734-6729
E: [email protected]
Tule River Indian Tribe
Attn: William Garfield, Chairman
340 N. Reservation Road
Po1terville, CA 93257
T: (559) 781-4271
E: [email protected]
5 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 With copy to:

Execution Version
Procopio, Cmy, Hargreaves & Savitch LLP
Attn: Kerry Patterson
525 B Street, Suite 2200
San Diego, CA 92101
T: (619) 515-3295
E: [email protected]
Notices shall be deemed given (a) in the case of email, upon receipt of such email, or (b) in the case of United States Mail, five (5) calendar days after deposit in the mail. 7 .5 Severability. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall be to the extent judged invalid, unenforceable, void or voidable for any reason whatsoever by a com1 of competent jurisdiction, each and all of the remaining tenns, provisions, promises, or conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent allowed by law.

7.6 Agreement Not Partnership or Joint Venture; No Third-Party Beneficiaries.

Nothing in this Agreement shall be deemed to establish relationships between the Parties other than those expressly described and set forth. The agreements contained herein are made solely for the benefit of the Parties, and shall not be construed as benefiting any person who is not a party to this Agreement.

7. 7 Assignment. No pai1y may assign any right, claim or interest it may have under this Agreement.

7.8 Binding Effect. This Agreement shall be binding upon the successors of the Parties.

7.9 Survival. Notwithstanding the termination of this Agreement, the defense, indemnification and hold harmless provisions shall survive and be fully enforceable.

7.10 Waiver of Tem1s; Effect. By action of each paiiy's governing boards, the time specified in this Agreement for perfo1mance of any act by the Parties, may be extended or waived, for good cause. Any such extension or waiver shall affect only the time period to which it is directed, and it shall not be deemed applicable to subsequent deadlines relating to the subject matter of the extension or waiver, nor shall it be deemed to apply to any other time constraints or requirements contained in this Agreement.

7. I I Agreement as Integrated Document; Titles and Headings Not Part. This Agreement fully and completely integrates all agreements and understandings of the Parties regarding its subject matter. Titles and headings contained herein are not a part of the agreement of the Parties. They are included only for descriptive purposes, and shall not be deemed as incorporated into this Agreement for any other purposes. 7 .12 Amendment: Method Prescribed. This Agreement may be amended at any time, by written agreement of the Parties, acting by and through their governing boards. 6 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
7 .13 Authority to Enter into Agreement. Each pa11y represents that it has the foll power and authority to enter into this Agreement and to can-y out the powers contemplated by it.

Each party further represents that it has taken all action necessary to authorize the execution, delivery and perfonnance of the Agreement. Each person signing below warrants that he/she has full power and authority to bind the party under which her/his signature appears.

ARTICLE 8: DISPUTE RESOLUTION; LIMITED W AIYER OF SOVEREIGN IMMUNITY.

8.1 Limited Waiver of Sovereign Immunity. In the event of a dispute between the Tribe and the City ( and only the City) over the interpretation, application, or enforcement of this Agreement, the Pm1ies each hereby expressly grant to the other Pai1ies a limited waiver of sovereign/governmental immunity, solely for actions brought by the other Parties, in accordance with the dispute resolution provisions provided herein; provided, however, that any award shall be limited to actual damages and shall specifically exclude punitive, consequential, incidental, expectancy and all other special damages. This limited waiver of sovereign immunity does not extend to any action brought against any Tribal Council Member, Tribal employee, Tribal agent, Tribal member, or any other individual acting on behalf of the Tribe and does not extend to any third parties bringing an action against the Tribe. This limited waiver of sovereign immunity shall not diminish or otherwise affect any defense or immunity to which such persons are entitled under the laws of the applicable jurisdiction. Except as expressly set forth herein, the Tribe does not waive, limit or modify their respective sovereign immunity as it applies to this or any other matter.

8.2 Dispute Resolution. This Section shall govern the resolution of all controversies or claims between the Tribe and the City that arise from this Agreement and any modifications hereto ( collectively, "Arbitrable Disputes"). Wherever this Agreement makes reference to any means of resolving Arbitrable Disputes between the Parties, the Parties agree to follow the meet and confer and mediation procedure described below prior to initiating the arbitration procedures.
a) Voluntary Resolution, Meet and Confer Obligation. Whenever possible, the Tribe and the City shall make their best efforts to informally resolve disputes that occur under this Agreement. In order to foster a spirit of cooperation and efficiency in the administration of the tenns and conditions of this Agreement, disputes between the Tribe and the City shall first be subjected to a good faith meet and confer process as follows:

1. The aggrieved Party shall give the other, as soon as possible after the event giving rise to the concern, written notice setting forth, with specificity, the issues to be resolved. Notice shall be provided consistent with Section 8.4. Said notice shall suggest a date, time ai1d place for the meeting. The Tribe and the City may jointly decide to meet at another time and place; provided, however, the Parties agree that such meeting shall commence within fifteen (15) calendar days after the date that the original notice was given to the applicable Party, unless the Parties agree that there is good cause to extend this time limit.
7 DocuSign Envelope ID: 1BA66A7O-8455-4973-AC7E-0C6100011016 Execution Version

11. The Parties agree that the meet and confer, including proceedings or discussions concerning the proposed meet and confer, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during a meet and confer by any Patiy or a Party's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including mediation and nonbinding arbitration, involving the Patiies; provided, however, that evidence otherwise subject to discovery or otherwise admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the meet and confer. iii. Absent mutual consent of the Parties, if a noticed meeting fails to commence within the fifteen (15) calendar day period, or if a reasonable attempt to schedule or reschedule the meeting has not been made within those fifteen (15) calendar days, then the meet and confer obligation imposed under this Section shall be deemed to have been satisfied and the Paiiies shall be free to pursue their rights and remedies under Subsection (b) herein, unless the reason for such failure to meet and confer is the refusal of the Patty asserting a claim to participate in the meet and confer, in which event said claim will be deemed to have been waived.
iv. If the dispute is not resolved to the satisfaction of the Parties within thirty (30) calendar days after the first meeting, then upon the written request of either Pa1ty, the dispute may be submitted to non-binding mediation in accordance with Section 9.2(b) ("Mediation Request").

The disputes submitted to non-binding mediation shall be limited to claims that this Agreement has been breached by either the Tribe or the City.
b) Mediation. In the event a dispute arising under this Agreement is not resolved through the above-described meet and confer process, within thiiiy (30) days after notice is provided through a Mediation Request, the Tribe and the City agree to participate in non-binding mediation administered by a mediator mutually agreed to by the Parties, to help mediate and settle the dispute as soon as practicable. The mediation shall proceed as follows:

1. The mediation shall be held at a mutually agreeable location within Tulare County, California.

11. The Parties shall work together to select a single mediator, but if the Parties cannot agree on a mediator within forty-five (45) days of the Mediation Request, each Party will provide three (3) names of 8 DocuSign Envelope ID: 1BA66A7O-8455-4973-AC7E-0C6100011016 Execution Ve1:s·io11
mediators based on substantive and procedural knowledge, availability, and location. Each side will have an opportunity to strike I name and, to the extent two mediators remain, rank the remaining names (1-2, with 1 being the most favorable). The numbers will be added together and the mediator whose rank is the lowest, which is most favorable, will be chosen mediator.
iii. The mediator shall meet with and hear presentations by the Parties as soon as practicable after appointment.
1v. Mediation will be conducted consistent with California Evidence Code Sections 1115-1128. The mediator shall owe a professional duty to both the Tribe and the City, and shall be barred from testifying in any litigation or arbitration concerning any infonnation obtained or disclosed in the course of the mediation.
v. Each side shall bear its own costs and attorneys' fees, and one-half of all fees and expenses of the mediator.
v1. Unless otherwise agreed upon by the Parties in writing, the mediation shall be completed within ninety (90) days of the selection of the mediator.
v11. The mediator's decision shall not be binding on or admissible against either Party. The Arbitrable Dispute shall be resolved in accordance with the arbitration provisions set forth in Section 9.2(c) below if: (I) a Party elects to reject the mediator's decision; (2) either Party refuses to participate in the mediation process after mediation filing; or (3) the mediator does not meet with the Parties.
viii. The Parties agree that the mediation, including proceedings or discussions concerning the mediation, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during the mediation by any Party or a Paity's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including and non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the mediation.
c) Arbitration. Following the satisfaction of the meet and confer and mediation requirement, any controversy(ies) or claim(s) arising out of or relating to this 9 DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
Agreement that was not resolved during the meet and confer or mediation ( as applicable) must be resolved through binding arbitration. The arbitration shall be held only in accordance with the following procedures:

1. Either Party may initiate the applicable arbitration by delivering a written notice to the other Party that states the specific issue(s) in dispute, the relevant provision(s) of the Agreement, and the relief requested.

11. Within twenty-one (21) calendar days after delivery of such notice, each Party shall notify the other of the name of a practicing lawyer or retired judge with whom the notifying Party desires to have serve as an arbitrator. The lawyer or retired judge shall have experience in California law and Federal Indian law, and whose law fim1, if applicable, has at no time represented or acted on behalf of either of the Parties or any person with control over either of the Parties. If either Party fails to act within the twenty-one (2 J) calendar day period, the arbitrator who should have been appointed by that Party will be appointed pursuant to the same procedures followed when agreement cannot be reached as to the third arbitrator.
n1. Within ten (10) calendar days after arbitrators are appointed by each Pmiy, the two appointed arbitrators shall meet (in person or by phone) to appoint a third arbitrator with the same qualifications and background. Together, the three arbitrators shall comprise the Arbitration Panel. In the event agreement cannot be reached on the appointment of a third arbitrator at the meeting held within the ten (10) calendar day period, the third arbitrator shall be selected by the Judicial Arbitration and Mediation Service, or such other reputable provider of Alternative Dispute Resolution services as may be agreed by the Parties or, in the absence of such agreement, by the Party requesting arbitration. In the event of any subsequent vacancy or inability to perfonn, the arbitrator who resigns or becomes unable to perform shall be replaced in accordance with the provision of this Section as if such replacement were an initial appointment to be made hereunder. Notwithstanding the foregoing, the Parties may agree to use a single arbitrator as the Arbitration Panel, provided that the Parties agree on the arbitrator to be appointed.
1v. Each Paiiy shall have the right to conduct discovery in connection with the arbitration proceedings, but such discovery shall be limited to the pre-hearing production of relevant documents and to such depositions, limited both in number of depositions and duration, as the Arbitration Panel may approve by majority vote.
v. The Arbitration Panel shall hear any and all issues of law and of fact properly raised pursuant to the procedures herein and shall make its DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
decision by majority vote within thilty (30) calendar days after the close of evidence and briefing in the arbitration. The decision shall be issued in writing and include findings of fact, conclusions of law, and the reasons on which the decision is based.
vi. The Arbitration Panel shall have no power to vary or modify any tenns of this Agreement, or to decline or fail to follow applicable tribal, state or federal statutory or common law.
v11. Each Pmty to the arbitration shall pay its own attorneys' and expe1t witness fees and any other costs associated with the arbitration. The Arbitration Panel shall determine by majority vote who shall bear the fees and expenses of the Arbitration Panel or whether the fees and expenses of the Arbitration Panel shall be shared by the Parties, and if so, in what proportions. The Arbitration Panel's dete1mination as to the allocation of the fees and expenses of the arbitration shall be binding on the Pa1ties.
vm. The arbitration shall be held at a mutually agreeable location within Tulare County, California.
d) Jurisdiction of Courts. A Party that has participated in arbitration as set forth in Subsection ( c) of this Section ( or who has made a good faith effo1t to do so despite the other's failure to participate) may initiate judicial proceedings to confim1, enforce or vacate the applicable arbitration award in the United States District Court for the Eastern District of California. If, and only if, the United States District Court for the Eastern District of California detern1ines that it is without jurisdiction, the Tribe consents to be sued in the Superior Comt of the State of California for the County of Tulare, but solely to compel, enforce, modify or vacate any arbitration award. [Signature Page Follows]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers as of the date first above written.

By:

Printed Name: Adrian Monte Reyes
Title: Mayor
Tule River Tribe:

I; DocuSigned by:

By: -l_~~~~-J-'
Printed Name: William Garfield
Title: Chairman
(Signature Page to Joint Powe1:1· Agreement between City of Porterville and the Tule River Tribe.for Development of ·wastewater and Recycled Water System Facilities Establishing the Porterville Area Development Authori(v) DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version

DEVELOPMENT AND REIMBURSEMENT AGREEMENT FOR

WASTEWATER AND RECYCLED WATER SYSTEM FACILITIES AND IMPROVEMENTS This Development and Reimbursement Agreement for Wastewater and Recycled Water System Facilities and Improvements (this "Agreement") is made and entered into as of August 30th, 2021, by and among the Porterville Area Development Auth01ity ("Authority"), the City of Porterville ("City") and the Tule River Tribe ("Tribe"), each of whom may be referred to herein individually as a party or collectively as the "Parties".

RECITALS
A. WHEREAS, the City of Porterville is a California cha11er city; and B. WHEREAS, the Tribe is a federally-recognized Indian Tribe; and C. WHEREAS, the Authority has been established pursuant to a Joint Powers Agreement by and between the City and the Tribe; and
D. WHEREAS, the Tribe proposes to develop a casino-resort ("Project") within a 40-acre site it owns near the P011erville Airport ("4O-acre Airpark Property") within the boundaries of the City, which may include a casino, a 25O-room hotel, food and beverage facilities, administrative space, a multipurpose events center, a conference center and associated parking and infrastructure and other uses that may be developed by the Tribe on the 4O-acre Airpark Property, an illustrative depiction of which is set forth in Exhibit A; and
E. WHEREAS, the Project will ultimately require wastewater to be treated at the City's existing wastewater collection system located at 1333 West Grand Avenue, conveyed through Lift Station Nos. 7 and 12 and approximately 800 feet of transmission main, each of which requires some repair, replacement or improvement to correct existing deficiencies and increase capacity to serve the Project (collectively, the "Wastewater Improvements"); and
F. WHEREAS, to mitigate the impacts of the development of the Project on potable water supplies, the City desires, for consistency with its land development standards, to provide City-owned land near the Project to the Authority for the purpose of developing a tertiary wastewater treatment plant and associated storage, a pump station and recycled water transmission pipelines to serve the Project and the City Spo1is Complex (collectively, the "Te11iary Wastewater System Facilities" or "TWSF"); and G. WHEREAS, the City and the Tribe desire that the Authority assist them in connection with the provision and coordination of funding for the Wastewater Improvements and the TWSF as hereinafter provided; and
H. WHEREAS, acting for and on behalf of the City, the Tribe shall design, engineer, permit, construct and transfer the Wastewater Improvements and TWSF to the City, with amounts expended by the Tribe or Authority for such design, engineering, permitting and construction to be funded by the City and deposited with the Authority as herein prescribed, with the Tribe's po1iion of the costs to be reimbursed by the Tribe to the City on the terms and conditions provided herein; and J. WHEREAS, the Tribe shall (i) pay the City certain sewer connection and service foes related to the development and operation of the Project and the TWSF and Wastewater Improvements; and (ii) shall pay water and sewer service fees in accordance with the City's standard water and sewer service charges for those specific service types and levels and as set forth in the City's fee schedule; and DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
K. WHEREAS, the Authority shall serve as the funding/coordination entity for the construction of the Wastewater Improvements and TWSF and shall release funds deposited by the City to pay the construction costs in accord with the terms and conditions of this Agreement; and L. WHEREAS, the Improvements also include the Tribe's development of a Storm Drain Retention Basin on the City property at the intersection of Road 216 and Avenue 128 as described and shown on Exhibit B to this Agreement, which will be fully paid for by the City; and M. WHEREAS, upon completion of the TWSF, Wastewater Improvements, and Storm Drain Retention Basin Improvements and the payment of all direct constrnction costs by the City, the TWSF, the Wastewater Improvements, and the Storm Drain Retention Basin Improvement shall become prope1ty of the City; and
N. WHEREAS, this Agreement provides for the terms upon which the Wastewater Improvements, the TWSF, and the Storm Drain Retention Basin Improvements are to be developed, financed, and funded, and the terms upon which the Tribe's portion of the costs are to be reimbursed to the City, as aforesaid.

AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the Parties hereto agree as follows:

ARTICLE I

DEFINITIONS
Section 1.1 Certain Definitions. Unless the context otherwise requires, the terms defined in this A1ticle I shall have the meanings herein specified. "Acceptable Title" means title to land, or an easement therein, delivered free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether any such item is recorded or unrecorded, except those non-monetary items which are either (a) required by the City or (b) reasonably determined by the City not to interfere materially with the intended use of such land or easement and therefore are not required to be cleared from title.
"Acceptance Date" meansthe date that the Wastewater Improvements, TWSF, and Stonn Drain Retention Basin Improvements are dedicated to and accepted by the City. "Actual Cost" means, with respect to the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements, an amount equal to the sum of (a) the Tribe's actual, reasonable cost of constructing the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements, including labor, material and equipment costs, (b) the Tribe's actual, reasonable cost of preparing the Plans for the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements, (c) the Tribe's actual, reasonable cost of any environmental evaluations required in the City's reasonable detem1ination specifically for the TWSF or Components thereof, and Wastewater Improvements, (d) the amount of the fees actually paid by the Tribe to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals for the TWSF or Components and Wastewater Improvements, (e) the Tribe's actual, reasonable cost for professional services directly related to the planning, design and construction of the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements, including engineering, inspection, construction staking, materials testing and similar professional 2 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
services, including, but not limited to, the costs to obtain and keep current a recycled water use permit as required by the Regional Water Quality Control Board for the TWSF, (f) the costs incurred by the Tribe for construction management and supervision, which cost shall not exceed 5% of the cost of constructing the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements, as detem1ined pursuant to clause (a) of this definition, (g) the Tribe's actual, reasonable cost of any title insurance required hereby for the TWSF, (h) the fair market value of any real property required to be conveyed with the TWSF in order to convey Acceptable Title thereto to the Authority, and (i) the Tribe's actual, reasonable cost of any real prope1ty or interest therein acquired after the date hereof, from a party other than the Tribe, which real property or interest therein is necessary for the constrnction of the Wastewater Improvements, T\VSF, and Stom1 Drain Retention Basin Improvements (e.g., temporary construction easements, haul roads, etc.), all as specified in a payment request that has been reviewed and approved by the City on behalf of the Authority, as applicable; provided, however, that no item of cost relating to the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements shall be included in more than one category of cost under this definition.
"All Improvements" means collectively the TWSF, Wastewater Improvements, and Storm Drain Retention Basin Improvements.
"City" means the City of Porterville, a California charter city. "Construction Security" means, with respect to the All Improvements to be constructed, Funding Sources allocated to the constrnction and a Perfo1mance or Surety Bond, where the combination of the two sources are equal to the Unfunded Construction Cost of the Improvements. "Defaulting Paity" means a party that is in breach of, or alleged to be in breach of, this Agreement.
"Escrow Account" means the account created and maintained by the Authority to receive, hold, identify and track monies as dictated by A1ticle VI of this Agreement. "Estimated Construction Costs" meansthe total of the remaining estimated unpaid hard and soft costs (including, but not limited to, testing, labor compliance, pem1itting, inspection, environmental costs, and furniture and equipment approved by the City and the Tribe) required to complete construction, as calculated from time to time by the City and agreed to by the City and the Tribe. "Event of Default" shall have the meaning set forth in Section 9.l(c). "Funding Sources" shall have the meaning set forth in Section 2.2 herein. "Joint Powers Authority" or "Authority" means the joint powers authority, called the "Porterville Area Development Authority" formed by the City and the Tribe pursuant to Government Code Section 6500 et seq., and as set fo1ih in the "Joint Powers Agreement Between City of Porterville and the Tule River Tribe For Development of Wastewater and Recycled Water System Facilities Establishing the Porterville Area Development Authority".
"Non-Defaulting Party" means a party that is enforcing provisions of this Agreement against a Defaulting Patty.
"Notice of Default" means a written notice of default delivered by a Non-Defaulting Party to a Defaulting Party, which notice shall explain in detail the nature of the default and make a specific demand for cure.
3 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
"Pre-Construction Costs" means the costs in connection with the planning, investigation, design, approval, and permitting of the Wastewater Improvements, TWSF, and Storm Drain Retention Basin Improvements incmTed prior to the execution of a construction contract All Improvements. "Plans" means the designs, detailed bid documents, constrnction plans, specifications, and construction contracts for the TWSF, Wastewater Improvements, or Stonn Drain Retention Basin Improvements prepared or to be prepared at the direction of the Tribe pursuant to Section 5.1 hereof. "Project" means the casino-resort development to be constructed within a 40-acre site the Tribe owns near the Porterville Airport within the City, which may include a casino, a 250- room hotel, food and beverage facilities, administrative space, a multi-purpose events center, a conference center and associated parking and infrastructure and other uses that may be developed by the Tribe "Reimbursable Account" means the accounts maintained by the City on behalf of the Authority for identifying and tracking the status of payments made to a contractor (including any payment requests submitted by the Tribe to the City) for all or any part of the TWSF, Wastewater Improvements or Storm Drain Retention Basin Improvements as identified in Exhibit B to be accepted by City. "State" means the State ofCalifomia.
"Storm Drain Retention Basin Improvements" means the _retention basin improvements to be located on City-owned property at the intersection of Road 216 and Avenue 2 I 8 (see Exhibit B), to be designed and constructed by the Tribe and owned by the City. "Tribe" means Tule River Tribe, a federally-recognized Indian tribe. "TWSF" means generally, the Tertiary Wastewater System Facilities, which includes the tertiary wastewater treatment plant and associated storage, a pump station and recycled water transmission pipelines to serve the Project and the City Sports Complex. Recycled water from the TWSF will be conveyed to the existing irrigation system meters at the City Spotts Complex, which are to be owned by the City. The specific TWSF and Components are those listed in Exhibit B, as revised from time to time.

It is anticipated that the existing irrigation system for the City Sports Complex will be used to distribute recycled water and will continue to be owned by City.
"Wastewater Improvements" means planning, permitting, design and construction of repairs, replacements and improvements related the City's existing wastewater collection system and as conveyed through Lift Station Nos. 7 and 12, including approximately 800 feet of transmission main, to current City specifications and to increase capacity to serve the Tribe's Project, to be acquired, operated and maintained by the City and financed with the assistance of the Authority.

ARTICLE II

MITIGATION OBLIGATION OF THE TRIBE
Section 2.1 Mitigation oflmpacts from Development of the Propertv. (a) The City and the Tribe have met and reviewed the Tribe's intended development of the Project and confim1ed the impacts anticipated to occur to the City's water and wastewater facilities from the development of the Project, as described in the federal environmental impact statement and record of decision issued during September 2019. The Parties have determined that the development of the Project will create a need for the construction of the TWSF to be owned and operated by the City, the Wastewater 4 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
Improvements, and the relocation of Storm Drain Retention Basin Improvements to ultimately serve the Project.
(b) To mitigate these impacts, the City, in order to ensure consistency of the Project with its land development standards, has requested that the Tribe do the following (collectively, the "Mitigation Obligation"):
(i) timely provide for the funding of the costs to investigate, design, plan, and test for a demonstration period until acceptance by and transfer of the TWSF to the City for operation by the City, as set forth in this Agreement;
(ii) timely provide for the funding for and design of the TWSF in accordance with this Agreement; and
(iii) construct and dedicate to City the Wastewater Improvements, and (iv) Design and construct the relocated St01n1 Drain Retention Basin Improvements.

It is the intention of the Parties that the Mitigation Obligation be financed by the City, with the Tribe's po1iion of costs reimbursed to the City, as provided in this Agreement.

Section 2.2 Funding Sources for Mitigation Obligation. The sources for funding the Mitigation Obligation shall include all advances made by the Tribe to date related to the Mitigation Obligation, as well as the advances to be made by the City in accordance with Section 6.1 (collectively, the "Funding Sources").

ARTICLE III

BOND PROCEEDS
Section 3.1 Issuance of Bonds. The City has issued one or more bonds or other obligations or indebtedness for the purpose of financing the acquisition and construction of the TWSF, Wastewater Improvements, and Storm Drain Retention Basin Improvements.

ARTICLE IV

CONSTRUCTION SECURITY
Section 4.1 Construction Security. In light of City's obligations under Section

6.l(b) to fully fund the construction prior to conu11encement of work, no additional security is required.

ARTICLEV

CONSTRUCTION OF IMPROVEMENTS
Section 5.1 Preparation and Approval of Plans and Specifications. To the extent that it has not already done so, the Tribe shall cause Plans to be prepared for All Improvements to be constructed by the Tribe. The Plans shall conform to the public works requirements set f01ih in Section

5.4 below. All Plans shall be subject to review and written approval by the City which shall not be unreasonably withheld. Preliminary and final plans and specifications to be constructed by the Tribe shall 5 DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
be submitted to the City for review and approval, which shall not be unreasonably withheld. The Cily may delegate these responsibilities to the engineering staff of the City.

Section 5.2 Upsizing of TWSF. The TWSF will be designed to produce sufficient recycled water to serve the needs of the Project and the City Sports Complex. The Parties do not at this time reasonably expect that the size of the facilities will need to be increased ("Upsizing") beyond the planned production capacity. However, in the event that: ( 1) the City detennines Upsizing would be necessary or desirable to accommodate its needs; and (2) the City completes, or causes to be completed, any necessa1y environmental review for any proposed Upsizing pursuant to CEQA; and (3) the Tribe has not commenced final design of the TWSF, then the City may request Upsizing of facilities at its sole cost and expense.

Section 5.3 Duty of the Tribe to Construct and Convey. The Tribe shall construct All Improvements in the manner set forth herein, and convey the Improvements to the City in the manner set fo1th herein. The Tribe shall constmct or cause to be constructed the Improvements in accordance with the approved Plans. The Tribe shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care no1111ally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken.

Section 5.4 Public Works Requirements. In order to insure that the Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City, the Tribe shall comply with the following requirements or shall cause such requirements to be complied with, or, shall comply with the requirements set forth in each specific facility's takeover agreement:
(a) The Tribe shall publicly advertise for, and solicit and seek at least three independent bids; provided, however, the Tribe may proceed with fewer than three bids if three bids were not reasonably available at the time of the bid.
(b) Bids shall be submitted to the Tribe either via hard copy or email. (c) The Tribe shall submit to the City and Authority written evidence of its competitive bidding procedures set forth herein, listing of all responsive bids and their amounts and the name or names of the contractor or contractors to whom the Tribe proposed to award the contracts for such constrnction. A tabulation of all bids shall be maintained by the Tribe and provided to the City and/or Authority upon written request.
( d) The Tribe shall provide the City with a list of a recommended contractor or contractors, in writing, within five (5) business days after the Tribe receives and evaluates the written bid proposals. (e) The contract for the construction of the Project shall be awarded to the responsible bidder submitting the lowest responsive bid for the construction of the Project or, if the Tribe elects to perform the work, the Tribe shall perfonn the work at the prices specified in the bid of the lowest responsible bidder. If the Authority reasonably disapproves any such contractor, the Tribe will select the next lowest responsible bidder from the competitive bids received who is acceptable to the Tribe and the Authority. (f) The Tribe shall require, and the specifications and bid and contract documents shall require, all contractors engaged to perform work on the Improvements to pay prevailing wages and to 6 DocuSign Envelope ID: 1BA66A70-8455-4973-AC7E-OC6100011016 Execution Ve1:s·ion
otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code.
(g) Each contractor engaged to perform work shall be required to furnish (x) labor and material payment bonds, and (y) contract pe1f01mance bonds, each in an amount equal to I 00% of the contract price naming the Tribe and the Authority, or the Tribe, as obligees and issued by insurance or surety companies approved by the Authority. All such bonds shall be in a f01m approved by the Authority, which approval will not be unreasonably withheld. Rather than requiring its contractors to provide such bonds, the Tribe may elect to provide the same for the benefit of its contractors. (h) Each contractor engaged to perform work shall be required to provide proof of insurance coverage conforming to the requirements of Section 6.6 hereof throughout the tem1 of the construction, and such contractor shall be required to perform such work in conformance with all applicable federal and State law and the ordinances and policies of the City.
(i) The Tribe and all such contractors shall comply with such other requirements relating to the construction as the City may impose by written notification delivered to the Tribe and each such contractor, to the extent required as a result of changes in applicable State or federal laws or the ordinances and policies of the City (as applicable).
(i) The Tribe shall provide proof to the City and the Authority, at such intervals and in such form as the City and Authority may require, that the foregoing requirements have been satisfied as to the TWSF.

Section 5.5 Inspection; Completion of Construction. The City shall have primary responsibility for providing inspection of the work of construction to ensure that the work of construction is accomplished in accordance with the Plans. The City may inspect the construction with its own personnel or it may engage an outside consultant to perform such inspection. The Tribe may also inspect the work of construction. The City personnel or inspection consultant, as applicable, shall have access to the site of the work of construction at all reasonable times for the purpose of accomplishing such inspection. Upon the completion of the construction of the TWSF to the satisfaction of the City's inspectors, as applicable, the Tribe shall notify the City or the City's Engineer, as applicable, in writing that the construction of the TWSF has been completed in accordance with the Plans.

Upon receiving such written notification from the Tribe, and upon receipt of written notification from its inspectors that constrnction has been completed in accordance with the Plans and the City's requirements (as applicable), the City shall, without unreasonable delay, notify the Tribe in writing that the construction of has been satisfactorily completed. Upon receiving such notification, the Tribe shall forthwith file a Notice of Completion pursuant to the provisions of Section 8182 of the California Civil Code. The Tribe shall furnish to the City a copy of each such Notice of Completion showing thereon the date of filing with said County Recorder.

Section 5.6 Insurance Requirements. The Tribe shall, at all times prior to the final Acceptance Date, maintain, deliver to the City and keep in full force and effect, or cause to be maintained, delivered to the City and keep in full force and effect, insurance in conformance with requirements agreed to by the Tribe and the City. The Tribe will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, it will be amended to do so. The Tribe acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. 7 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
Section 5.7 Ownership of TWSF. Notwithstanding the fact that some or all of the TWSF may be constructed on City-owned property, or in dedicated street rights-of-way or on property which has been or will be dedicated to the Authority, the TWSF shall be and remain the properly of the Tribe until title thereto is conveyed to and accepted by the City as provided herein.

Section 5.8 Dedication of TWSF Site and Easements to the City. Acceptable Title to the site upon which the TWSF lies shall be conveyed to the City by way of grant deed or dedication of such property, and any easements thereon, if such casements are approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain the any portion of the TWSF located therein, thereon or thereover, and to pennit the Tribe to perfonn its obligations as set forth in this Agreement. The sites upon which the TWSF are to be constructed shall be conveyed to the City, and developed by the Tribe in accordance with applicable City's standards for development of the Project.

ARTICLE VI

FUNDING OF ALL IMPROVEMENTS
Funding.
(a) The Parties agree that 2/3 of the total actual cost of the TWSF and the Wastewater Improvements, and the total actual cost of the Storm Drain Retention Basin Improvements shall be the responsibility of the City, and 1/3 of the actual cost of the TWSF and Wastewater Improvements, and none of the actual cost of the Storm Drain Retention Basin Improvements shall be the responsibility of the Tribe.
(b) As referenced in Section 2.2 above, the City has obtained funding for its cost share of All Improvements and is able and willing to advance the total costs of All Improvements, as funds are needed to pay those costs and in accord with this Agreement. The City agrees to place requested funds in the full amount of the estimated construction costs in an Escrow Account held in the JP A's name, on or by the date specified by the JPA, in advance of the constmction of All Improvements, and the JPA shall duly authorize disbursements to the Tribe for the payment of the construction costs. As actual costs are inctmed by the Tribe, the Tribe shall provide to the JPA the records of those actual costs incurred. The estimated construction costs shall be recalculated as actual costs are incuned, and the City shall deposit additional funds in the Escrow Account if needed and requested by the JPA, for purposes including but not limited to additional funding required to cover revised actual costs or change orders related to the construction of all improvements.
(c) Upon full completion and acceptance of All Improvements, and upon full payment of all invoices and claims for materials and labor, and the expiration of all applicable periods for the filing of liens, stop-notice claims etc. ( or resolution of any and all claims to the satisfaction of the JPA), the JPA shall reimburse any and all remaining funds in the Escrow Account to City. To the extent there are any claims for which there exists insufficient funds in the Escrow Account, City agrees to deposit additional funding for the coverage of those claims if required by the JP A. Upon completion of All Improvements, and full reimbursement from ( or full depletion of) the Escrow Account, the Escrow Account shall be closed.
( d) Upon full completion and acceptance of All Improvements, and full payment of invoices and claims as set forth in subsection (c) above, the JPA will establish, on the basis set forth in this Agreement herein, the total reimbursement amount to be paid by the Tribe, in the manner set forth in this Agreement ("Reimbursement Amount").
8 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 Section 7.1

ARTICLE VII

REIMBURSEMENT
Reimbursement.

Exec11tio11 Version
(a) The Tribe agrees to pay the Reimbursement Amount as set forth in this Agreement. To that end the Patties shall execute the Development Costs Reimbursement Plan and Development Costs Reimbursement Promisso1y Note, the fonn of which are attached hereto as Exhibit C. (b) In consideration of the benefits the City will receive from the development of All Improvements set forth in this Agreement, the City agrees that it will not require full reimbursement of the Tribe's actual cost share until ten ( I 0) years after completion of All Improvements, or a reasonable specific date at least ten years from the Casino Project opening day to be set by the Porterville Area Development Authority, whichever occurs first, which will be set forth in the executed Development Costs Reimbursement Plan and Promissory Note (see Exhibit C for the fonn of these Agreements). (c) The Tribe agrees that it will make its first payment and annual payments to the City, in accord with the payment schedule to be made a part of the executed Development Costs Reimbursement Plan and Promiss01y Note (See Exhibit C for the fom1 of these Agreements).

ARTICLE VIII

REPRESENTATIONS, WARRANTIES AND
COVENANTS; INDEMNIFICATION; DAMAGES
Section 8.1. Representations, Warranties and Covenants of the Tribe.

The Tribe makes the following representations, warranties and covenants for the benefit of the City and the Authority:
(a) Organization. The Tribe represents and watTants that the Tribe is a federally-recognized Indian Tribe and that the Tribe owns the 40-acre Airpark Property and has the authority to cany on its business as contemplated.
(b) Authority. The Tribe represents and warrants that the Tribe has the power and authority to enter into this Agreement, and has taken all action necessaiy to cause this Agreement to be executed and delivered by, and this Agreement has been duly and validly executed and delivered on behalf of, the Tribe.
(c) Binding Obligation. The Tribe represents and warrants that this Agreement is a valid and binding obligation of the Tribe and is enforceable against the Tribe in accordance with its terms. ( d) Completion of Improvements. The Tribe covenants that it will use its reasonable and diligent efforts to do all things which may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement.
( e) Compliance with Laws. The Tribe covenants that it will not commit, suffer or pennit any act to be done in, upon or to the TWSF or any of the Improvements in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property, the TWSF, or the Improvements. 9 DocuSign Envelope ID: 1 BA66A 7D-8455-4973-AC7E-0C6100011016 Execution Version
(f) Financial Records. Until the final Acceptance Date of the Improvements, the Tribe covenants to maintain proper books of record and account for the Improvements and all costs related thereto. The Tribe covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the City, and their respective agents, at any reasonable time during regular business hours on reasonable notice. (g) No Material Impediment. The Tribe represents and warrants that to the best of the Tribe's knowledge there is no material impediment to the Tribe's proceeding with and completing the acquisition, construction, and installation of the Improvements or to the development of the Prope1iy as contemplated by the Tribe.

Tiibe:

Section 8.2
Authoritv.

Representations, Warranties and Covenants of the Citv and the (a) The City makes the following representations, waii-anties and covenants for the benefit of the (i) Authority. The City represents and warrants that the City has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered by, and this Agreement has been duly and validly executed and delivered on behalf of, the City.
(ii) Binding Obligation. The City represents and warrants that this Agreement is a valid and binding obligation of the City and is enforceable against the City in accordance with its terms.
(iii) Completion of TWSF. The City covenants that it will use its reasonable and diligent efforts to take all actions which may be lawfully required of it in issuing permits, processing and approving Plans and inspecting the TWSF in accordance with this Agreement. (iv) Financial Records. The City covenants to maintain proper books of record and account with respect to all funds and accounts described in this Agreement. (v) Penni ts. The City represents and warrants that it has no actual knowledge of any material impediment to the Tribe's proceeding or completing the acquisition, conshuction and installation of any of the TWSF as contemplated by this Agreement and the existing land use approvals with respect to the Project.
(b) The Authority makes the following representations and wananties for the benefit of the Tribe:
(i) Authority. The Authority represents and warrants that the Authoiity has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered by, and this Agreement has been duly and validly executed and delivered on behalf of, the Authority.
(ii) Binding Obligation. The Authority represents and warrants that this Agreement is a valid and binding obligation of the Authority and is enforceable against the Authority in accordance with its terms
Section 8.3 Indemnification.

DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 l:);eclllio11 Version
(a) The Tribe agrees to protect, indenmify, defend and hold the City and the Authority, and their respective officers, employees and agents, and each of them, hannless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney's fees, and court costs which the City or the Authority or their respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City or the Authority or their respective officers, employees or agents, or any combination, thereof as a result of or by reason of or arising out of or in consequence of the acquisition, construction, or installation of the TWSF. If the Tribe fails to do so, the City and the Authority each shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any reasonable attorneys' fees or court costs, to and recover the same from the Tribe. (b) The City shall defend, indemnify and hold the Tribe, its members, officials, employees and agents harmless from and against all claims, demands, liability, costs, expenses, damages, injury or loss (including reasonable attorneys' fees) to which the Tribe or its members, officials, officers, employees and agents may be subject by reason of any claims arising from the alleged wrongdoing, misconduct, negligence or fault by the City, its City Council members, officials, officers, employees or agents brought by a third party seeking damages based solely on the conduct of the City, its City Council members, officials, officers, employees or agents in implementation of this Agreement. No indemnification is required to be paid by the Tribe for any claim, loss or expense arising from (a) the willfol misconduct or negligence of the City or the Authority, or their respective officers, employees or agents, or (b) a default hereunder by the City or the Authority. (c) The provisions of this Section 8.3 shall survive the tennination of this Agreement.

ARTICLE IX
EVENTS OF DEFAULT; REMEDIES; JUDICIAL REFERENCE
Section 9.1 Default.
(a) Time is of the essence with respect to this Agreement and each obligation of a party set forth herein. If a Non-Defaulting Party determines that the Defaulting Party is in breach of its obligations under this Agreement, the Non-Defaulting Party shall provide the Defaulting Patty with a Notice of Default.
(b) A Defaulting Party shall have:
(i) fourteen (14) calendar days after receipt of any Notice of Default to fully cure a monetary default (i.e., failure to pay money or secure the payment of money) with each time period commencing on the day after the Defaulting Party receives the Notice of Default of such monetary default; and
(ii) fo1ty-five ( 45) calendar days after receipt of any Notice of Default to fully cure a default other than a monetary default with each time period commencing on the day after the Defaulting Patty receives the Notice of Default of such default. However, if such default is of a nature that, in the exercise of reasonable diligence, more than forty-five (45) calendar days but less than one hundred twenty (120) calendar days are required to cure such default, no Event of Default shall be deemed to have occurred under this paragraph if the Defaulting Party commences to cure such default within said fortyfive (45) calendar days period and is thereafter actively and diligently pursuing such cure to completion, and, in fact, cures such default within said one hundred twenty (120) calendar day period. 11 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Versio11
(c) If the Defaulting Party fails to cure the default within the foregoing time frames, an "Event of Default" shall be deemed to occur. If subsequent to the occurrence of an Event of Defaull, the Defaulting Paiiy cures the default, then the Event of Default shall no longer be continuing and said Event of Default shall be deemed cured.

Section 9.2 Remedies. An Event of Default shall not te1minate this Agreement and the provisions of this Agreement, including without limitation, the covenants of the Parties set forth in this Agreement shall continue in full force and effect, except as modified as the result of the Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Non-Defaulting Party shall be entitled to all legal and equitable remedies permitted. The Paiiies shall be entitled to interim or permanent injunctive relief if the circumstances warrant.

Section 9.3 Dispute Resolution; Limited Waiver of Sovereign Immunitv. (a) Limited Waiver of Sovereign Immunity. In the event of a dispute between the Tribe and the City over the interpretation, application, or enforcement of this Agreement, the Tribe hereby expressly grants to the City a limited waiver of the Tribe's sovereign immunity, solely for actions brought by the City, in accordance with the dispute resolution provisions provided herein; provided, however, that any award shall be limited to actual damages and shall specifically exclude punitive, consequential, incidental, expectancy and all other special damages. This limited waiver of sovereign immunity does not extend to any action brought against any Tribal Council Member, Tribal employee, Tribal agent, Tribal member, or any other individual acting on behalf of the Tribe. This limited waiver of sovereign immunity shall not diminish or otherwise affect any defense or immunity to which such persons are entitled under the laws of the applicable jurisdiction. Except as expressly set forth herein, the Tribe does not waive, limit or modify its sovereign immunity.
(b) Dispute Resolution. The Tribe and the City agree to submit any dispute related to the interpretation, application, or enforcement of this Agreement, regardless of which party makes the submission, only to the binding arbitration and other dispute resolution provisions explicitly set forth herein.
(i) Meet and Confer. Prior to filing an action hereunder, the applicable paiiy must first raise the disputed matter by written notice to the other paity requesting to a Meet and Confer. Said notice shall suggest a date, time and place for the meeting. The Tribe and the City may jointly decide to meet at another time and place; provided, however, that the Parties agree that such meeting shall commence within fifteen (15) calendar days after the date that the original notice was given to the applicable party, unless the Parties agree that there is good cause to extend this time limit.The Parties agree that the Meet and Confer, including proceedings or discussions concerning the proposed Meet and Confer, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during a Meet and Confer by any party or a party's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the Meet and Confer. Absent mutual consent of the Parties, if a noticed meeting fails to commence within the fifteen (15) calendar day period, or if a reasonable attempt to schedule or reschedule the meeting has not been made within those fifteen ( 15) calendar days, then the Meet and Confer obligation imposed under this Section shall be deemed to have been satisfied and the Parties shall be free to pursue their rights and remedies under this Agreement 12 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
herein, unless the reason for such failure to Meet and Confer is the refusal of the party asse1ting a claim to participate in the Meet and Confer, in which event said claim will be deemed to have been waived. (ii) Arbitration. Following the satisfaction of the Meet and Confer requirement, any controversy(ies) or claim(s) arising out of or relating to this Agreement that was not resolved during the Meet and Confer must be resolved through binding arbitration. The arbitration shall be held only in accordance with the following procedures:
(A) Either party may initiate the applicable arbitration by delivering a written notice to the other party that states the specific issue(s) in dispute, the relevant provision(s) of the Agreement, and the reliefrequested. (B) Within twenty-one (21) calendar days after delivery of such notice, each patty shall notify the other of the name of a practicing lawyer or retired judge with whom the notifying party desires to have serve as an arbitrator.

The lawyer or retired judge shall have experience in easements and other rightof-ways on federal Indian land, and have (and whose law firm, if applicable, has) at no time represented or acted on behalf of either of the Pa1ties or any person with control over either of the Parties. If either party fails to act within the twenty-one (2 I) calendar day period, the arbitrator who should have been appointed by that party will be appointed pursuant to the same procedures followed when agreement cannot be reached as to the third arbitrator. (C) Within ten (10) calendar days after arbitrators are appointed by each party, the two appointed arbitrators shall meet (in person or by phone) to appoint a third arbitrator with the same qualifications and background. Together, the three arbitrators shall comprise the Arbitration Panel. In the event agreement cannot be reached on the appointment of a third arbitrator at the meeting held within the ten ( I 0) calendar day period, the third arbitrator shall be selected by the Judicial Arbitration and Mediation Service ("JAMS"), or such other reputable provider of Alternative Dispute Resolution ("ADR") services as may be agreed by the Parties or, in the absence of such agreement, by the paity requesting arbitration. In the event of any subsequent vacancy or inability to perfo1m, the arbitrator who resigns or becomes unable to perform shall be replaced in accordance with the provision of this Section as if such replacement were an initial appointment to be made hereunder. Notwithstanding the foregoing, the Parties may agree to use a single arbitrator as the Arbitration Panel, provided that the Parties agree on the arbitrator to be appointed.
(D) Each party shall have the right to conduct discovery in connection with the arbitration proceedings, but such discovery shall be limited to the pre-hearing production of relevant documents and to such depositions, limited both in number of depositions and duration, as the Arbitration Panel may approve by majority vote.
(E) The Arbitration Panel shall hear any and all issues of law and of fact properly raised pursuant to the procedures herein and shall make its decision by majority vote within thitiy (30) calendar days after the close of evidence and briefing in the arbitration. The decision shall be issued in writing and include findings of fact, conclusions of law, and the reasons on which the decision is based.
13 DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
(F) The Arbitration Panel shall have no power to vary or modify any terms of this Agreement, or to decline or fail to follow applicable tribal, state or federal statutory or common law.
(G) Each party to the arbitration shall pay its own attorneys' and expert witness fees and any other costs associated with the arbitration. The Arbitration Panel shall determine by majority vote who shall bear the fees and expenses of the Arbitration Panel or whether the fees and expenses of the Arbitration Panel shall be shared by the Parties, and if so, in what proportions.

The Arbitration Panel's detennination as to the allocation of the fees and expenses of the arbitration shall be binding on the Parties. (H) The arbitration shall be held at a mutually agreeable location within Tulare County, California.
(iii) Jurisdiction of Courts. A party that has participated in arbitration as set forth in this Section (or who has made a good faith effort to do so despite the other's failure to paiticipate) may initiate judicial proceedings to confirm, enforce or vacate the applicable arbitration award in the United States District Court for the Eastern District of California. If, and only if, the United States District Court for the Eastern District of California determines that it is without jurisdiction, the Tribe consents to be sued in the Superior Court of the State of California for the County of Tulare, but solely to compel, enforce, modify or vacate any arbitration award.

Section 9.4 Applicable Law. This Agreement is entered into in the State of California and applicable California and federal law shall apply to the interpretation and construction of all of its provisions.

Section 9.5 Allocation of Costs. The costs of the arbitrator shall be borne equally by the Parties to the dispute. If either party refuses to pay its share of the costs of the proceeding at the time required, the other party may do so in which event that party shall be entitled to recover ( or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The arbitrator shall include such costs in his judgment or award.

Section 9.6 Attorneys' Fees. The Patties shall be responsible for their own attorneys' fees, costs, and expenses incun-ed as a result of any dispute among the Parties, including, but not limited to, any mediation, arbitration or litigation.

ARTICLEX

MISCELLANEOUS
Section 10.1 The Tribe as Independent Contractor. In performing under this Agreement, it is mutually understood that the T1ibe is acting as an independent contractor, and not an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Tribe. •
Section I 0.2 Other Agreements. Nothing contained herein shall be construed as affecting the Parties' respective duty to perfonn their respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Tribe's rights and obligations, and the City's rights and obligations, under this Agreement; provided, however, that the Tribe shall use its reasonable and 14 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Er:ec11tio11 Version
diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, lease, sublease, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which would or may materially and adversely affect the acquisition, construction and installation of the TWSF.

Section 10.3 Binding on Successors and Assigns. Neither this Agreement nor the duties and obligations of the T1ibe hereunder may be assigned without the written consent of the City.

The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors-in-interest of the Parties hereto.

Section 10.4 No Third Partv Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement ( either express or implied) is intended to confer upon any person or entity, other than the City, and the Tribe (and their respective successors and permitted assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Section 10.5 Notices. All notices required or pennitted by this Agreement shall be in writing and may be delivered in person (by hand delive1y or professional messenger service) to each party or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier service guaranteeing overnight delive1y, charges prepaid, or may be transmitted by facsimile transmission and addressed as follows:

Tule River Tribe:

With a copy to:

City of Porterville
and the Authority:

Tule River Indian Tribe
Attn: William Garfield, Chairman
340 N. Reservation Road
Porterville, CA 93257
T: (559) 781-4271
E: [email protected]
Procopio, Cory, Hargreaves & Savitch LLP
Attn: Kerry Patterson
525 B Street, Suite 2200
San Diego, CA 92101
T: (619) 515-3295
E: [email protected]
McCormick, Kabot, Jenner & Lew
Attn: Julia Lew, City Attorney
4010 South Demaree Street
Visalia, CA 93277
T: (559) 734-6729
E: [email protected]
Any such notice sent by registered or ce1tified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twentyfour (24) hours after delivery of the same, charges prepaid, to the U.S. Postal Service or p1ivate courier. If any notice is transmitted by electronic mail or similar means, the same shall be deemed served or delivered upon confornation of transmission and receipt thereof Any notice or other document sent by 15 DocuSign Envelope ID: 1 BA66A 7D-8455-4973-AC7E-0C6100011016 Exec111io11 Versio11
any other manner shall be effective only upon actual receipt thereof. Any party may change its address for purposes of this paragraph by giving notice to the other Patiies as provided herein.

Section 10.6 Counterparts. This Agreement may be executed in counterpmts, each of which shall be deemed an original.

Section 10.7 Excusable Delay. Whenever performance is required of a pmty hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of perfom1ance is delayed by reasons of floods, earthquakes, or other acts of God, war, civil commotion, terrorist activity, riots, strikes, picketing, or other labor disputes, damage to work in progress by casualty, or by other cause beyond the reasonable control of the party, then the specified time for performance shall be extended by the amount of the delay actually so caused.

Section 10.8 Interpretation Guides. This Agreement has been prepared by the Parties jointly, and no ambiguity shall be resolved against either party on the premise that it was, or its attorneys were, responsible for drafting this Agreement or any provision herein. The captions and headings set forth herein are for convenience only and in no way establish, define or limit the scope or intent of any Article, Section, Subsection, Subdivision or other provision of this Agreement. Any reference herein to an Article, Section, Subsection, or Subdivision, unless specified otherwise, shall be a reference to an Article, Section, Subsection or Subdivision of this Agreement. [Signature Page Follows]
16 DocuSign Envelope ID: 1 BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first hereinabove written.

Tule River Tribe
l;DocuSigned by:

By:_N Llda4l~taI11c. VV Ulldlll VdlllCIU
Title: Chaim1an
City of Porterville //I/./
By: --"""'-----=-j/_ f/t/1 ___ ,n.. ____ _
Name: Adrian Monte Reyes
Title: Mayor
Porterville Area Development Authority
By:--=-$_:;#/_
Name:Adrian Monte
Title: Presiding Off i
(Signature Page to Development and Reimbursement Agreement for Wastewater and Rec:vcled Water System Facilities and lmprovemellls)
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Exec11tio11 Version

EXHIBIT A

THE CASINO PROJECT
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Executio11 Ver:~ion

EXHIBITB

THE TWSF, WASTEWATER IMPROVEMENTS & STORM DRAIN RETENTION BASIN, AND

ESTIMATED COSTS FOR IMPROVEMENTS
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
TWSF, the improvements to LS 7, LS 12, recycled water pipeline, and the retrofit of the sports park

KEY MAP
.~·- ;tr,:.• .~ .•••.•.•
Cost Estimates
Item IWS GSE Clark Engineers Estimate
General $2,517,181 $852,500 $395,000 $957,000
TWSF $8,172,584 $10,704,400 $8,413,000 $7,107,100
LS 12 $896,623 $581,000 $766,000 $1,483,900 LS 7 $1,096,053 $581,000 $959,000 $1,819,400 Off-site $1,510,926 $580,000 $1,516,600 $3,340,700
Total $14,193,367 $13,298,900 $12,049,600 $14,708,100
Components break-down from Clark bid:

DocuSign Envelope ID: 1BA66A70-8455-4973-AC7E-OC6100011016 Execution Version
Total Bid Price
Estimate Clark Engineers Item Description Unit d 1\.1S GSE Quantiti, Brothers Estimate

GENERAL
Mobilization/0emobilization/T emporary Facilities LS $2,148,548 $500,000 $275,000 2 Sheeting, Shoring and Bracing LS 1 $0 $1,000 $7,500
3 Construction Photography LS 1 $7,893 $1,500 t-2,500 $357,000 4 Startup and commissioning LS 1 $43,461 $50,000 $3MOO 'I 5 Bonds & Insurance LS 1 $317,279 $300,000 $80,000
T\.ISF
/tfech..;rnic..;r/8 Process Equipment
Packaged ultrafiltration membrane s~1stem,
6 including air control system, CIP and chemical LS $1,131,041 $1,300,000 $1,450,000 and disinfection systems
7 . Feed pumps system to filtration membrane system LS 1 $75,349 $200,000 $140,000 8 Distribution VT pump system Ls 1 $348,630 ·nooo,ooo $450,000 9 . • Hydraupneumatic PCS LS 1 $191,849 $250,000 $225,000 " 10 T\./SF Process Piping LS 1 $42(081 $400,000 $450,000 11 Y' ard Piping, •Jal'Jes and appu_rtenances LS 1 $1,137,210 $800,000 $800,000 12 Recycled \.later Distribution Main - Onsite and LS $68,047 $933,400 $275,000 Offsite 13 Potable water piping ser,..ices Ls 1 $82,254 $10,000 $100,000 14 1 MG abo\•e grade welded steel tanks, including LS $1,642,702 $1,600,000 $1,400,000 f_oundations and cathodic protection 15 Filtration system CMU building, including canopy LS $805,132 $800,000 $600,000 _andH_\IAC Structural ~.•ork including but not limited to
16 concrete slabs, feed and distribution pump LS $287,544 $300,000 $550,000 $7,107,100 stations
Clr,i/,,,arl:
17 Earthwork and grading LS 1 $157,850 $300,000 $146,000 18 Sheeting, shoring and bracing LS 1 $11,275 $1,000 $3,000 19 AC Pavement LS i $135,300 $350,000 $120,000
20 Concrete Pa•Jement LS 1 $4,829 $20;ooo $20,000
21 Site securit~, and fencing LS 1 $237,350 $70,000 $6icioo 22 Hot tap secondary effluent main including control LS $16,330 $10,000 $12,000 valve 23 Stormwater biodetention facility LS 1 $182,881 $300,000 $125,000 24 Misc civil site Ls 1 $47,361 $400,000 $75,000
. Electric..;r/
25 • Site power connection including transformer LS 1 $614,516 $440,000 $130,000 26 ~tandbygen_erator LS 1 $126,034 $100,000 $150,000 27 Control panels, instrumentation LS 1 $285,162 iiio,ooo ·his,ooo 28 . Site lighting LS 1 $124,876 $70,000 $340,000
29 Misc electrical Ls 1 $34,321 $120:000 $75,000
LIFT STATION 12
.
-
. . . . . . . .
/tfech..;rnic..;r/ 8 Process Equipment
30 Submersible_ pump system LS 1 $38,623 $40,000 $80,000 31 Mechanic piping, valves, fittings and LS 1 $50,711 $:100,000 $200,000 app111tenances Ci,•il ll'arJ:
32 Excavation and disposal LS $22,106 $6,000 $-S0,000 33 Sheering, shoring _and bracing LS 1 $11,612 $15,000 $15,000 34 Pump station installation LS 1 $238,819 $20,000 $30,000 $1,483,300 35 Demolish/abandon eHisting structures and piping LS $71,476 $10,000 $30,000 36 Misc ci•Jil work LS $18,873 $10,000 $45,000
Electric..;r/
37 Power connection LS 1 $143,700 $60,000 $56,000 38 Electrical and control panel LS 1 $245,872 $250,000 $150,000 39 Misc electrical LS 1 $54,825 $70,000 $20,000 DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
. UFT STATION 7
/lfechanica/ D P1Ucess Eqwpmenr
40 Submersible pump system LS $38,623 $40,000 $85,000
41 Mechanic piping, ~•al•Jes, fittings and LS $264,136 $100,000 $350,000 appurtenances_ Cir.•ilrod:
42 E>:cavation and disposal LS $22,106 $6,000 $85,000
43 Sheering, shoring and bracing LS $11,612 $15,000 $10,000 44 Pump station installation LS $250,331 $20,000 $35,000 $1,819,400 45 Demolish/abandon existing structures and piping LS 1 $72,152 $10,000 $30,000 46 Misc civil work LS 1 $18,873 $10,000 $40,000
Elecrncal
47 Pow er connection LS 1 $117,457 $60,000 $84,000
48 Electrical and control panel LS 1 $24!{872 $250,000 $30,000 43 Miscelectric_al LS 1 $54,825 $70,000 $30,000

OFFSITE IMPROVEMENTS
C/,•il Vari:
50 Site preparation, exca'Jation and disposal, LS 1 $0 $50,000 $5,000 including _appurtenances 51 Backfill and compaction LS 1 $0 $50~000 $5,000
52 Earthwork LS 1 $45,100 $100,000 $33,000
53 AC pavement LS 1 :i:12<1:025 :i:200,000 $120,600
54 Sheering, shoring and bracing LS 1 :s:o··. $10,000 $5,000 55 Misc civil work LS 1 $0 $5,000 $45,000 $3,340,700
/!fee hank.iii
56 : Recycled water main LS 1 $1,050,646 $10,000 $1,122,000 57 Potable 01 ater piping LS 1 $241,032 $125,000 $120,000 58 Sports Park R\./ retrofit, including connections LS $50,123 $20,000 $40,000 ,and testing 53 · Misc_ mechanical LS io $10,000 $15,000
Overall Total $14,133,367 $13,238,300 $12,043,600 $14,708,100 $1(133,367 $13,238,300 t1i043~600
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 E:recution Version
Storm Drain Retention Basin
The new sto1mwater retention basin and relocated recirculation basin would be constructed on the southern portion of APN 302-100-015. This parcel is located north of Avenue 128/Teapot Dome Road, east of the Friant Kern Canal, south of the extension of A venue 130, and west of Road 216. The approximate volume of the new stonnwater detention facility is approximately 200 acre-feet.

Approximately 569,000 cubic yards of material will be cut and 13,200 cubic yards of material filled to constmct the stmmwater retention basin.

The recirculation basin relocation would relocate an existing recirculation basin from near the Friant Kem Canal to a new location between the new stonmvater retention basin and the extension of the Avenue 130 alignment. The new recirculation basin will be approximately 15 ft deep, have approximately 3.8 acrefeet of storage, and include a relocated pump and pump discharge from the City's wastewater outfall.

The project includes construction of approximately 4,200 linear feet of new 72-inch st01m drain constructed between the terminus of an existing iITigation ditch near West Street, extending south along West Street, west along the extension of Avenue 130, and south along Road 216 to the new stormwater retention basin.

Cost Estimates ( on next page)
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Ve1:~·ion
D;;t;,: 422i.202~
4CHEFKS
Ccmp .. ts-Hly:I J.fatt'Ralrffl
Checi:e!i i.y: _ Ryan J: OJ!:i'ey. FE
OPINION Of PROBABLE 11/lPROVEMBIT COSTS
I }'ro_jectlCily r,f Portem7Ie Basin
t: TulefflverGamingfl..uthdrity
Project Acreage: 1---'--"52;;:;.·...;.._-'--1
T olal Estimated Project Cost $8,,715,.812
Total Cost Per Acre: 1----,t,.=-161---'.a'"'n----l
ea ;;1 e tt - * et t;f ,s a me -£ e ht ts,;: z & ;w:e,
Site Costs
Demolition & Relocation
Ct.ra,tirj Uni!Pri"'= IJtit T~tcrl
Mol:iliz."!:'-cr.

Oeurir,i S. C~ubtin3 (Mi.;.::.)
Cll! & Ru~ SD ?\pi, an:! AJ:-ar.oca Storm Dr.t:n Ma-hr~o!E-Ai:~~:nm~t Storm ~.ii-in Ma~::i~ Rem::•d
Star.dFiP= Rern:wa'·
fr:i~tk,, ?Jse Rernoital
!m;ptio:i P-,pe Ran::v:il
Vmt?!pe Re-:r:Qv3J
','i~~Vjj,_",-e R~·~
!JJscelarc-:e-:is Cicsttu::fon RanovJI
AsFta'i RE!TlC',JI
S:w.~
Co,,c,et: R€:m:wal
o.m:, & Glltt€t Rem::val
SiteGracfin
On-Site Cor.struction
Rough Grading
P::n!i Exc.;v;fc;,
::x~Maiei:i!
Off-Sile Conatruction
Rough Grading
Di:l:,:h Exc.l'1Jii0<1
=xj):ll't t.laiaiiil
Sire:! :xc,ivatic,,
Fini$h Grading
C.:im~vct S S~dE the s-.reei.s
Grad;; t.lt Si:1€¼.i!-:

Gracia ilr Cl.1.'b amt Gu:1€--
Hl 10,000.C>)

52.0 1,000.C,:)
t~ 750.C,J

1.n 1,000.03

2.G 2,500.00
1,0 3,0)0.CO

8.0 250.C-O
1,9-:W.O fO.C,J
LO 150.C,J

1.0 500.C,J

1.0 5,000.Ct3
2:9,2i2.0 0.3:J
3:™·0 1.40
415.C 4.00

11.G 1.5-0
C-OtlFID!:llTlAL AND ?RMLEGEO. PROPER.TY OF -'CREEKS. INC.

PJ!;;; 1 013
LS 1QOC,O
A':; 52.000
=A i50
=-A 1.000
EA 5-,0C>3
EA 3.0~,C
:A 20C-O
LF 1~_300
:A 150
EA 500
LS 5,000
SF 8,762
LF 5_367
SF 1.66-;}
SF -:7
Subtotal: 114~
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 storm Drain.' Irrigation Ditch
On-Sit& Comtruction
Off.Sita Construction
Mains
7'Z" Pipe (RC?)
Catch Bas:ins I Drainage Inlets
Dr.i!'lllg!: bl:\?t
Manholes
i'l:' f,\!Jr.hcie
~11st MH tc G-a:,,;, Misce/Iar.eous
Tieintc&itil:i
Concrete
Desc,"¢cn
Off-Sita Construction
2?'C:nb&G~r
CCl'.c-em Sidelrolk
street Paving
D&..~'il
Off-Sita Conatructior, (lnclt.'ll93 Comm&reial Frontai;&i 3.o· ;..r.;.111• Base f 12" Cooli;;;cte-:l Sl>borm Misce!Jar.eous
Traffic Cor.t-ol
S!ri;in3 e. !::i9r.a;e
Walls & Fences
~wil:ric-:i
2•-0• s• 31::ci: war
Ch:lin Link FE!'lci~
I
I
I
l UnitPri::e l L'rit l

11.01 100.ol
cua,tu I Uni!Prio. I

37.0:1 -G-~ r. 0:.,,1.:•.LJ !2.5-J:I 40.C•)
l:rit
EA
LF
Stib!otal:

CONFIOENTI.AL ANO PRMLEGED. PROPERTY Of .«:REEKS. INC.

F~i:2 c!3
.

T~t;J
I
WI
3=<il
1,573
238,9...'1\l
24M92.&l
Execution Version
DocuSign Envelope ID: 1BA66A70-8455-4973-AC7E-OC6100011016 Summary
Totall!
Relocation
lrri ation Di!ch 52,363.000.00
$449.0:J
S93.590.00
$240,492.:-0
CONSlRUCTION SUBTOTAL (EXCLUDES FEES): S7,923,52.0.00
10% CONTINGENCY.1--$.,;7""'1t2"",3"'5""2.oo=--+
TOTAL ESTU.!A TEO CONSTRUCTION COST:..__s_s,1_1_s,_s1_2_.oo_ ...

DISCI.AlttER: QllAfflTTIES ANO PRICES SHCf;'/N HERE ARE SOLEY FOR DETERMINING OPJNlON OF P-ROBABLE COST AND 00 NOT SU?ERCEDE THE APPROVED PLANS. THIS DOCUMENT DOES NOT RELIEVE THE COITTRACTOR OR BIDDERS OF DUE DILIGENCE TO REVIEW THE PL.ANS.

Execution Ve1:,;;ion
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Cost Estimates (Cont'd)
4c:.nFF.KS

OPINION OF PROBABLE IMPROVEMENT COSTS
Project: City of PorteIVille Recirculation Basin Relocation Client: Ci of PorleNille
; pt
Site Costs
Demolition & Relocation
De::-ct\1'iior.
l,!ct:mation
Cle,,..r;r.g & Grubbing (Mi,sc.)
C•J! & Plug SD Pipe and .G.b-"'idon
lttigaiion Pipe Removal
Waler Purrc & Misc. E~ment Relocation'
• does not il",dude SCE re,:onne..,'iion cos~
Site Grading
On-Site Construction
Rough Grading
Pond Excavation
Storm Drain/ Irrigation Ditch
On-Site Construction
Mains
12' Pipe - lrr:gation
12' Pipe-SD
Misceilaneous
1ie~in t,:, Exitting
Ditch ln!et
IC:&
Execution Version
Date: Sll 6!2021
C:orrt;,leted by: . JAa.'t Ramsey
Checked by: Ryan J. Dildl'e_y; PE
Total Estimated Project Cost:~! __ $42.~~493~-~
= e::;:,; ¾ii -
C1.1~tifrt· Unit?rice Unit T~!
rn 10,0C-0.00 LS 10.000

0.8 1,co::i.00 AC 600
LO 750.00 EA 750
58-~0 !0.00 LF 580
LO 5.C%.'X:•.OO LS 5.000
Subtotal: • . 11;130.00
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Summary
Totals
Demolition & Relocation $17,130.00
Site Grading $17,300.00
Storm Drain/ Irrigation Ditch 54,200.00
CONSTRUCTION SUBTOTAL (EXCLUDES FEES):.,___$38,......,6_30_.oo_-4 10'½ CONTINGENCY:l--_$_3_.oo_J_.o_o_-1
TOTAL ESTIMATED CONSTRUCTION COST: __ $4_2 __ .4_93_.o_o __.

OiSCLAJMER: QUANTITIES ANO PRICES SHOWN HERE ARE SOLEY FOR DETERMINING OPINION Of PROBABLE COST ANO DO NOT SUPERCEOE THE APPROVED PLANS. THIS DOCUMENT DOES NOT RELIEVE THE CONTRI\CTOR OR BIDDERS OF DUE DILIGENCE TO REVIEW THE PLANS.

Execution Version
DocuSign Envelope ID: 1 BA66A7D-8455--4973-AC7E-0C6100011016 l:,xecution Version

EXHIBITC

FORM OF DEVELOPMENT COSTS REIMBURSEMENT PAYMENT PLAN AND

PROMISSORY NOTE
DocuSign Envelope ID: 1 BA66A 7O-8455-4973-AC7E-0C6100011016 WHEN RECORDED RETURN TO:

CITY OF PORTERVILLE
291 N. MAIN STREET
PORTERVILLE, CA93257
ATTN: P. Hildreth

RECORDING REQUESTED BY AND
Execution Ve1:~·io11

DEVELOPMENT COSTS REIMBURSEMENT PAYMENT PLAN
Pursuant to Resolution No. ____ of the City of Porterville, Tule River fadian Tribe, owner of real property located at 1850 S. West Street, Porterville, Tulare County, California, legally described as:
(SEE ATTACHED EXHIBIT A)
agrees to pay the City of Porterville the amount of ~$ ____ _ at the rate of ~$ __________ for nine equal payments and a final payment of$ _____ . The first of said payments shall be due, on or about
______ __,, and subsequent payment shall be made on the (at the time
day of
______ of each year thereafter until the principal has been paid in full. The principal sum due up front is for
(improvements) ___________________________ for the
property located at, Po1terville.

In the event any installment of principal is delinquent for a period in excess of ninety (90) days (a "Default"), late charges shall be applied to the unpaid installment in accordance with City policy; specifically, the parties agree that a late charge equal to interest on the principal amount as if it had been accming from the date the first payment was due, will be assessed and will continue until such time as the deferred amounts are repaid in full or the Default is cured, at the DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 Execution Version
default rate of the lesser of seven percent (7%), compounded annually, or the highest rate permitted by law. A Promissory Note shall be executed in conjunction with the execution of this Agreement.

Should the installment remain unpaid for an additional 90 days, City may provide Tule River Indian Tribe a written notice that the utility services may be disconnected, and if the installment remains unpaid for an additional 30 days after such written notice, City utility services may be disconnected.

Sections 9.1 (Limited Waiver of Sovereign Immunity) and 9.2 (Dispute Resolution) of the Joint Powers Agreement between the City of Porterville and the Tule River Tribe for Development of Wastewater and Recycled Water System Facilities Establishing the Porterville Area Development Authority between the City and the Tule River Tribe are incorporated by reference herein.

Dated this day of

FOR TULE RIVER INDIAN TRIBE
Name:

Title: Chai1man
APPROVED AS TO FORM:
[SIGNATURES CONTINUED ON NEXT PAGE]
DocuSign Envelope ID: 1 BA66A 7 D-8455-4973-AC7E-0C6100011016 Execution Version

FOR THE CITY OF PORTERVILLE
Adrian Monte Reyes, Mayor John Lollis, City Clerk

APPROVED AS TO FORM
Julia M. Lew, City Attorney
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016

EXHIBIT A
S ¼? SEC. 7 T. 22S. R.27£. MD.8 & M
RECORD OF SI/RVcY l.S. 23-93
POR. PORTERVILLE FRI/IT 8 FARMS TR R.M.15-23
.JS
.u:..:.r,1:,..,t:4•• ..._ ... ur, , ... _,..,t,•,-.r.1,•!ti L!.1J1~..-('4.0,(.11'....W.ttn l,-:,'°"'i,_.,:nad
Execution Version
T,AX COO£ AREA
126-00!
126-003
004-149
302-10
;,1
, .: ..o._~ __ -,-' '"'"'
, '
l: '
.i·
!
:I

VICINITY OF PORTERVILLE
ASSESSOR'S MAPS BK. 302. PC. 10
COUNTY OF TULARE, CAIIC'" ,·, 0'
DocuSign Envelope ID: 1 BA66A 7D-8455-4973-AC7E-0C6100011016 Execution Version

CITY OF PORTERVILLE

DEVELOPMENT COSTS REIMBURSEMENT PAYMENT PLAN
NOTE

AGREEMENT/LOAN NUMBER
$ ______________ _
----
Porterville, California
Dated:
-------
FOR VALUE RECEIVED, the Tule River Indian Tribe, a federally recognized Indian tribe ("Borrower"), promises to pay to the City of Porterville, a public body corporate and politic, (the "City"), or order, the principal sum of
________________ ($ _____

1. B01Tower's Obligation. This promissory note (the "Note") evidences the Bon-ower's obligation to pay the City the principal amount of ($ _____ _, for the development fees deferred to the Borrower by City related to the ________ project and Development Costs Reimbursement Payment Plan, dated _____ , 2021 (the "City Reimbursement Agreement"). All capitalized terms not otherwise defined in this Note shall have the meaning set forth in the City Reimbursement Agreement.

2. Interest. The City Reimbursement Agreement provides for an interest free loan unless B01Tower fails to pay under the terms of the Agreement. If a Default occurs ( as defined in the City Reimbursement Agreement), a charge equal to interest on the principal amount as if it had been accruing from the date the first payment was due, will be assessed and will continue until such time as the deferred amounts are repaid in full or the Default is cured, at the default rate of the lesser of seven percent (7%), compounded annually, or the highest rate permitted by law.

3. Terms and Repayment Requirements. The term of this Note (the "Tenn"), shall commence with the date of this Note and shall expire on the date that is ten (I 0) years after receipt of the first payment under the City Reimbursement Agreement. This Note shall be due and payable as set forth in the City Reimbursement Agreement.

4. No Assumption. This Note shall not be assumable by the successors and assigns of Borrower without the prior written consent of the City.

5. Unsecured. This is an unsecured obligation of the Bon-ower.

6. Tem1s of Payment.
(a) All payments due under this Note shall be paid in currency of the United State of America, which at the time of payment is lawful for the payment of public and private debts.

DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
(b) All payments on this Note shall be paid to City at the office of the City, 291 North Main Street, Porterville, California 93257, Attn: City Manager, or to such other place as the City may from time to time designate in writing. (c) Notwithstanding any other provision of this Note, or any instrument securing the obligations of the B01Tower under this Note, if, for any reason whatsoever, the payment of any sums by the B01Tower pursuant to the tenns of this Note would result in the payment of interest which would exceed the amount that the City may legally charge under the laws of the State of California, then the amount by which payments exceeds the lawful interest rate shall automatically be deducted from the principal balance owing on this Note, so that in no event shall the Borrower be obligated under the ten11S of this Note to pay any interest which would exceed the lawful rate.
(d) Notwithstanding anything to the contrary herein or the City Reimbursement Agreement, this Note shall be nomecourse to Bon-ower and its partners.

7. Default.
(a) Any Default under the City Reimbursement Agreement shall be an Event of Default under this Note, including but not limited to failure to pay any payment required under the terms and conditions therein.
(b) Upon the occunence of an Event of Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note shall at the option of the City become immediately due and payable upon written notice by the City to the Borrower without further demand. (c) The failure to exercise the remedy set forth in Subsection 7(b) above or any other remedy provided by law upon the occurrence of one or more of the foregoing events of default shall not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other default. The acceptance by City of any payment which is less than the total of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option without the express consent of the City, except as and to the extent otherwise provided by law.

8. Waivers.
(a) The Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, and notice of dishonor of the Note. The B01Tower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that the City may accept further security or release any security for this Note, all without in any way affecting the liability of the Bonower. (b) No extension of time for payment of this Note or any installment hereof made by agreement by the City with any person now or hereafter liable for payment of DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-OC6100011016 Execution Version
this Note shall operate to release, discharge, modify, change or affect the original liability of the Borrower under this Note, either in whole or in paii.
( c) The obligations of the Borrower under this Note shall be absolute and the Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever.

9. Miscellaneous Provisions.
(a) All notices to the City or the Borrowers shall be given in the manner and at the addresses set forth in the City Reimbursement Agreement, or to such addresses as the City and the Bon-ower may hereinafter designate.
(b) The Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by the City in the enforcement of the provisions of the Note, regardless of whether suit is filed to seek enforcement. (c) This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
(d) This Note shall be governed by and constrned in accordance with the laws of the State of California.
( e) The times for the perfonnance of any obligation hereunder shall be strictly constmed, time being of the essence.
(f) This document, together with the City Reimbursement Agreement, the Joint Powers Agreement between the City of Porterville and the Tule River Tribe for Development of Wastewater and Recycled Water System Facilities Establishing the Porterville Area Development Authority, and the Development and Reimbursement Agreement for Wastewater and Recycled Water System Facilities and Improvements ("Development Agreement"), together contain the entire agreement between the parties as to All Improvements (as defined in the Development Agreement). It may not be modified except upon written consent of the parties.
(g) Sections 9 .1 (Limited Waiver of Sovereign Immunity) and 9 .2 (Dispute Resolution) of the Joint Powers Agreement between the City of Po1ierville and the Tule DocuSign Envelope ID: 1BA66A70-8455-4973-AC7E-OC6100011016 Execution Version
River Tribe for Development of Wastewater and Recycled Water System Facilities Establishing the Porterville Area Development Authority between the City and the Tule River Tribe are incorporated by reference herein.
[SlGNA TURE PAGE FOLLOWS]
DocuSign Envelope ID: 1BA66A7D-8455-4973-AC7E-0C6100011016 Execllfion Version
Tule River Indian Tribe
By: ___________ _
Its:
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City of Porterville
By: ___________ _
Its:
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Item No. 22.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Selection of Preferred Fixed-Route Service Design Concept and Implementation Direction for the Short Range Transit Plan SOURCE: Public Works
COMMENT: In 2025, the City initiated an update to its Short Range Transit Plan (SRTP) to evaluate opportunities to improve system efficiency, rider experience, and alignment with current travel patterns. The review follows service adjustments implemented earlier this year that consolidated routes and temporarily suspended service on Routes 4 and 6 due to low productivity. These changes improved operational cost recovery but also created service gaps in several high-demand areas, including access to Porterville College.

The design concepts were developed specifically to reestablish fixed-route service to Porterville College and strengthen connections to key educational, employment, and medical destinations throughout the community. The goal of this effort is to ensure that residents, students, and employees have consistent, reliable, and affordable transportation options.

The draft SRTP presents two design alternatives, Concept 4 and Concept 5, each developed to strengthen coverage, simplify operations, and improve frequency. Both concepts are designed to be cost-neutral and operate within existing staffing and fleet resources.

Concept 4 proposes a four-route design operating every 45 minutes. It restores service south of downtown, reintroduces coverage along key corridors such as Westfield Avenue, and provides north-south connections west of Highway 65 to shopping areas along Prospect Street and Henderson Avenue. Each route connects to the downtown Transit Center and serves major destinations including Porterville College, Sierra View Medical Center, and the South County Justice Center.

Concept 5 consolidates service into three routes with enhanced frequency.

Route B operates every 30 minutes along Morton Avenue, Henderson Avenue, and Main Street, providing direct service to Porterville College and downtown.

Routes A and C operate hourly, maintaining access to schools, medical facilities, and key commercial destinations while simplifying route design and Item No. 22.
improving reliability.

Both concepts balance ridership productivity with geographic coverage and are intended to strengthen the long-term sustainability of the City’s fixedroute network. Public outreach and technical evaluation indicate that each design would improve connections to educational institutions, employment centers, medical services, and recreational destinations.

The City Council may select one of the proposed service design concepts, or provide alternative direction to modify service parameters consistent with City priorities. Staff will incorporate the Council’s direction into the final Short Range Transit Plan and proceed with implementation of the approved service design.

Staff is requesting that the City Council provide direction on which concept best aligns with City priorities and authorize implementation of the selected service network effective January 2, 2026.

RECOMMENDATION: That the City Council:

1. Review the draft fixed-route service design concepts developed as part of the City’s Short Range Transit Plan;

2. Select the preferred service design concept that best aligns with City Council priorities and community needs; and

3. Direct staff to implement the selected service design effective January 2, 2026.

ATTACHMENTS: 1. Draft Service Plan Concepts
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Porterville SRTP
Draft Service Concepts
Draft 2
October 9, 2025
Existing
Transit
Service Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Poplar Ave
Jaye StMain St
Springville Ave
Plano St
Westwood St
Putnam Ave
• Service on routes
4 and 6 suspended
in July 2025.

Transit
Propensity by
Census Block
• Density (10% of Score)
• Poverty Rate (10% of
Score)
• Zero Vehicle Households
(10% of Score)
• Community and Operator- Generated Destinations
(40% of Score)
• Planned Housing and
Commercial Projects (22%
of Score)
• Proximity to Schools (8%)
Score is weighted by
population and indexed by
natural breaks.

Existing
Transit and
Transit
Propensity • Noticeable gaps
in service to
areas with high
transit propensity
after the removal
of Routes 4 and 6
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Jaye StMain St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Service Concepts
Concept 4
and Transit
Propensity
Modifies current fourroute design to restore
service south of
downtown, and provide
north-south service for
neighborhoods west of
Hwy 65 to reach
shopping center at
Prospect/Henderson
All routes operate every
45 minutes
Concept 4
Route A
45-Minute Service
Henderson Ave and
Morton Ave to
Downtown Porterville via
Plano St and D St
Destinations: • Downtown Porterville • Prospect St and
Henderson Ave
Shopping Centers
• Veteran’s Park and
Zalud Park
• Porterville DMV • Monache HS • Porterville Town Center Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Jaye St
Concept 4
Route B
45-Minute Service
Morton Ave, Olive Ave,
Prospect St, and
Newcomb St
Destinations: • Downtown Porterville • Sierra View Hospital • Porterville HS, Monache HS, Sequoia MS
• Prospect St at
Henderson Ave
Shopping centers
• Veteran’s Park • South County Justice
Center
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Jaye St
Concept 4
Route C
45-Minute Service
Main St, Westfield Ave,
and Henderson Ave to
Downtown Porterville
Destinations: • Downtown Porterville • Westfield
Neighborhood
• Prospect St at
Henderson Ave
Shopping Centers
• Veteran’s Park • Sierra View Medical
Center
• Porterville Town Center • South County Justice
Center
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Jaye St
Concept 4
Route D
45-Minute Service
Jaye St and Main St
to East Porterville
Destinations • Downtown Porterville
and East Porterville
• Murray Park • Porterville HS and
Granite Hills HS
• Riverwalk
Marketplace
• Porterville College
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam AveJaye St
Concept 5
and Transit
Propensity
Modifies route design to
only three routes and
extends routes to
restore service south of
downtown.

Service every half-hour
on Route B
(Morton/Henderson and
Main Street), routes A
and C every hour.

Concept 5
Route A
Hourly Service
Henderson Ave,
Putnam Ave, and
Olive Ave to East
Porterville
Destinations • Downtown Porterville • Sierra View Hospital • Porterville HS, Granite Hills HS,
Summit Charter
Academies
• Murray Park • East Porterville • South County Justice Center
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Jaye St
Concept 5
Route B
30-Minute Service
Morton Ave and
Henderson Ave to
Main St South
Destinations • Sierra View Hospital • Porterville College • Downtown Porterville • Prospect St and Henderson Ave
Shopping Centers
• Monache HS • Veteran’s Park, Zalud
Park
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Jaye St
Concept 5
Route C
Hourly Service
Henderson Ave and
Westfield Ave to Jaye
St South
Destinations • Downtown Porterville • Prospect St at
Henderson Ave
Shopping Centers
• Riverwalk
Marketplace
• Porterville HS,
Monache HS
• Veteran’s Park, Zalud
Park
Westfield Ave
Henderson Ave
Morton Ave
Olive Ave
Doyle St
Main St
Springville Ave
Plano St
Westwood St
Poplar Ave
Putnam Ave
Jaye St
Item No. 23.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Discontinuation of Membership in the League of California Cities (CalCities) SOURCE: City Manager's Office
COMMENT: The League of California Cities (CalCities) represents municipalities across the state and provides advocacy, training, and networking opportunities for city officials. The City of Porterville has maintained membership in CalCities for many years, with annual dues paid from the General Fund.

The City Council has expressed interest in joining an association composed specifically of charter cities, where collaboration focuses on shared governance authority and the protection of local decision-making. While CalCities provides valuable statewide resources, much of its legislative advocacy and policy work centers on the needs of general law cities. Aligning with a charter city association would allow Porterville to more effectively advance policies consistent with its voter-approved charter and municipal priorities.

The City’s 2025 CalCities membership dues totaled $22,794 and are projected to increase by approximately 3% in 2026, for an estimated cost of $23,478.

Discontinuing membership will result in an annual savings of approximately $23,500, which may be redirected toward membership in an organization representing charter cities or other City Council priorities.

RECOMMENDATION: That the City Council direct staff to discontinue the City’s membership in the League of California Cities (CalCities) effective upon the expiration of the current membership period and authorize the City Manager to provide the required notice of withdrawal.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Item No. 23.

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 24.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Discussion and Direction Regarding a Draft Ordinance Adding Section 1-23 to the Porterville Municipal Code Establishing the City’s Commitment to the Principles of Individual Liberty
SOURCE: City Manager's Office
COMMENT: At the request of the City Council, staff has prepared a draft ordinance that would add Section 1-23 to the Porterville Municipal Code, establishing the City’s formal commitment to the principles of individual liberty. The intent of this ordinance is to affirm the City’s responsibility to protect the rights of residents and to preserve local control in areas where federal or state actions may infringe on personal freedoms.

The proposed ordinance emphasizes the City’s commitment to protecting constitutional rights, including freedom of speech, medical freedom, parental rights, and the right to personal privacy. It declares that no City department, officer, or employee shall enforce or assist in enforcing any law, mandate, or order that the City Council determines to be inconsistent with these principles.

Additionally, the ordinance establishes a framework for the creation of a Legal Defense Assistance Program, which could provide limited legal resources to residents or businesses affected by such mandates or restrictions. Details of the program’s structure, administration, and funding would be presented to the City Council separately for review and approval.

Adoption of this ordinance would codify the City’s values of personal freedom and local self-governance, while providing a mechanism for future policy decisions consistent with those principles.

Following Council discussion, staff will incorporate any revisions and present the finalized draft ordinance for formal introduction and first reading at a subsequent meeting.

RECOMMENDATION: That the City Council discuss the draft ordinance and provide direction to staff regarding the proposed addition of Section 1-23 to the Porterville Municipal Code.

Item No. 24.

ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO. - 2025
---

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

SETTING FORTH ITS COMMITMENT TO THE PRINCIPLES OF INDIVIDUAL LIBERTY

INCLUDING MEDICAL FREEDOM, PARENT AL RIGHTS AND PROTECTION OF

WOMEN'S SAFE SPACES

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. Section 1-12 ("Commitment to Individual Liberty") is hereby added to Chapter 1 of the Porterville Municipal Code, as follows:

Section 1-23 Commitment to Individual Liberty.

A. Findings:

1. The City Council of the City of Porterville believes the principles of individual liberty and bodily integrity are fundamental to a free and just society, and furthermore are protected by the Federal Constitution and the Constitution of the State of California;

2. The Fourteenth Amendment to the U.S. Constitution sets forth that no State shall "deprive any person oflife, liberty, or property, without due process oflaw."

3. Title IX of the Education Amendments of 1972 (Public Law No. 92-318, codified at 20 U.S.C. Sec. 1681-1688) prohibits discrimination based on sex in education programs and activities that received federal funding.

4. The City Council recognizes, to the fullest extent permitted by applicable law, the fundamental rights of individuals to make informed medical decisions, including the right to choose or refuse medical treatments and interventions;

5. The City Council recognizes that the United States and State of California have enacted laws aimed to safeguard medical liberties, and preventing discrimination in personal health choices, as exemplified by the federal Health Insurance Portability and Accountability Act (HIPPA) and the California Confidentiality of Medical Information Act (CMIA);

6. The United States Supreme Court has repeatedly recognized parents' constitutional right to make decisions concerning the care, custody, and control of their children. [See Troxel v.

Granville, 530 U.S. 57 (2000).] This includes the right to direct their children's upbringing and education. [Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Society of Sisters, 268 U.S. 510 (1925).]

7. The City Council believes that, to the fullest extent permitted by law, the residents of the City of Porterville should be entitled to make their own medical and/or parental choices, free from coercion, discrimination, or undue interference;

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Porterville City CouncilOctober 21, 2025

Porterville City Council
October 21, 2025