Porterville City Council
February 1, 2022

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ARTICLE XXIV INSPECTION OF WORK..............................................................................................28 ARTICLE XXV SAFETY.........................................................................................................................28 ARTICLE XXVI OWNERSHIP OF DATA...............................................................................................29 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............29 ARTICLE XXVIII CONFIDENTIALITY OF DATA...................................................................................30 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION .....................................30 ARTICLE XXX EVALUATION OF CONSULTANT................................................................................31 ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT...................31 ARTICLE XXXII TITLE VI ASSURANCES.............................................................................................31 ARTICLE XXXIII NOTIFICATION...........................................................................................................36 ARTICLE XXXIV CONTRACT................................................................................................................36 ARTICLE XXXV SIGNATURES .............................................................................................................36

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ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard AGREEMENTs) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
(Option 2 - Use paragraphs A & B below for on-call AGREEMENTs) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

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ARTICLE III STATEMENT OF WORK
(Insert Appropriate Statement of work including a Description of the Deliverables) in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”) A. CONSULTANT Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.

Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.

C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.

D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.

E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.

H. CONSULTANT Services During Construction

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The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.

A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
(Choose either Option 1, 2, 3, or 4)
(Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs. Use Exhibit 10-H1: Cost Proposal Format)
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the

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Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

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(Option 2 - For Cost per Unit of Work AGREEMENTs, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H3: Cost Proposal Format).

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.

B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.

C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment.
(Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements [such as oncall Agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection. Use Exhibit 10-H2: Cost Proposal Format).

A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

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D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. (Local Agency to include either (a) or (b) below; delete the other one) (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination

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of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
(Option 4 - Use paragraphs A through E below for lump sum agreements. Use Exhibit 10-H1: Cost Proposal Format)
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY.

Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT

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number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

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ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit

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recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

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ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. (Choose either Method 1, Method 2, or Method 3 below and delete the other two.)
Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from

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subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

This clause applies to both DBE and non-DBE subconsultants.

Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.

Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

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C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be

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verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

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F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

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D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
(Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.)
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

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

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

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

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ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A

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list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is_________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible

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E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

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F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

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DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
(Choose either Option 1 or Option 2)
(Option 1 - for AGREEMENT with a scope of services that may require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations).

A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

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C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
(Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations).

CONSULTANT is not required to show evidence of general comprehensive liability insurance.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide

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established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal) A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
(Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E)
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

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B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (Add the following paragraph to all AGREEMENTs, which may require trenching of five feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
(For PS&E contracts add paragraph F, below, to paragraphs A through E, above) E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:

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a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does

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Local Assistance Procedures Manual EXHBIT 10-R
A&E Boilerplate Agreement Language
hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

January 2022
Local Assistance Procedures Manual EXHBIT 10-R
A&E Boilerplate Agreement Language
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

January 2022

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Local Assistance Procedures Manual EXHBIT 10-R
A&E Boilerplate Agreement Language

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:
(CONSULTANT)
(NAME) ,Project Manager
(ADDRESS)
LOCAL AGENCY:
(LOCAL AGENCY)
(NAME) , Contract Administrator
(ADDRESS)

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date: Date:

January 2022

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) _______________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe Benefits (Rate: _____ )
f) Overhead (Rate: _____ )
e) Total Fringe Benefits [(c) x (d)] _______________
g) Overhead [(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________

FIXED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

January 2020
Local Assistance Procedures Manual EXHIBIT 1 0-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 500 = $50.00 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000 = $50,000.00 Estimated Hours Year 1
Year 2 $51.00 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 750 = $39,015.00 Estimated Hours Year 3
Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the# of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of years is not acceptable.
(i e. $250,000 x 2% x 5 yrs= $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

January 2020

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*:

Signature: ______ _____ _ _ Date of Certification {mm/dd/yyyy): ____ _ Email: _____ _______ _ Phone Number:

Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant _________________ _ D Prime Consultant D Subconsultant D 2nd Tier Subconsultant Project No. _________ _ Contract No. -------- Participation Amount $ _______ _ Date ---- For Combined Rate
Fringe Benefit% + General &Administrative% = Combined ICR% OR
For Home Office Rate
Fringe Benefit % + General &Administrative% = Home Office ICR% For Field Office Rate
Frinqe Benefit % + General &Administrative% = Field Office ICR% Fee = %

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1 Hourly Billing Rates2
Straight3 OT(1.5x) OT(2x)
Effective Date of Hourly Rate
From To
Actual or Avg.

Hourly Rate4
% or$
Increase
Hourly Range -
for Classifications Only
John Doe - Project Manager*
Civil Engineer II
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
Sue Jones- Construction
Engineeri1nspector
Engineer I
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
Buddy Black - Claims Engineer
Engineer Ill
Land Surveyor **
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

0.0%

0.0%

0.0%

0.0%
Not Applicable
$00-$00
$00-$00
$00-$00
Technician $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
$00-$00
$00-$00
$00-$00
(Add pages as necessary)

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks ( **).All costs
must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate= actual hourly rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

EXHIBIT 10-H2 COST PROPOSAL Page2ot3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant __________________ _ □ Prime Consultant □ Subconsultant Project No. __________ _ Contract No. ----------- Date ________ _ SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Note: Add additional pages if necessary.

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature: _____________ _ Date of Certification (mm/dd/yyyy):

Email: _______________ Phone Number: ___________ _
Address:________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

January 2020
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2

COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant Consultant __________________ _
Project No. _________ _ Contract No. --------- Date ------- Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study} Include as many Items as necessary.

DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Professional {Classification)*
Sub-professional/Technical**
EQUIPMENT 1 {with Operator)
EQUIPMENT 2 {with Operator)
Consultant's Other Direct Costs (ODC)- Itemize:

Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Nole: Attach addtllonal pages if necessary.

TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (
**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.

4. ODC items shall be based on actual costs and supported by historical data and other documentation.

5. ODC items that would be considered "tools of the trade' are not reimbursable.

6. Billing Hourly Rates must be actual, allowable, and reasonable.

January 2020
_ _
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

13. Generally Accepted Accounting Principles {GAAP)

14. Terms and conditions of the contract

15. Title 23 United States Code Section 112 - Letting of Contracts

16. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

17. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

18. 48 Code of Federal Regulation Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature: _____________ _ Date of Certification {mm/dd/yyyy....____ : _ Email: ______________ Phone Number,_,_: ___________
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

January 2020
Item No. 7.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Acceptance of Villa Street Improvements - Nupchi Xo'Oy Development SOURCE: Engineering and Project Management
COMMENT: Self-Help Enterprises, the developer of the Nupchi Xo'Oy development located at Mulberry Avenue/Villa Street has completed the remaining transportation and utility improvements along Villa Street per the conditions of approval of the project.

The costs associated with the transportation and utility improvements for the Nupchi Xo'Oy development, inclusive of other incidental improvements and related administrative costs, were verified and found acceptable by City staff and approved by City Council at its meeting on May 4, 2021, in an amount not to exceed $518,402.81. The final total reimbursement amount is $475,078.31; of which $408,294.69 has already been reimbursed.

City staff has inspected the improvements and have found them to meet City Standards.

RECOMMENDATION: That City Council:

1. Accept the public improvements related to the Nupchi Xo'Oy development; and

2. Authorize the Finance Director to disburse the final payment in the amount of $66,783.62 to Self-Help Enterprises.

ATTACHMENTS: 1. Locator Map

2. Nupchi Xo'Oy, Final Villa Street Reimbursement
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

Nupchi/Villa St Reimbursement Invoice #1
Self Help Enterprises
12/22/2021
Line Items in Ccontract Total Contract Previously Paid Amount due total paid to date Off Site, grading, base and pave paving $ 150,015.00 $ 150,015.00 $  ‐ $ 150,015.00 $4,323.75 of $7,500 previously paid funds for "SWPP's" was reallocated to Off Site Grading, Base and Paving.

This amount was accounted for and added to "Previously Paid" line item. $3,177 of $13,620 previously paid funds for "Survey markers as needed" was reallocated to Off Site Grading, Base and Paving.

This amount was accounted for and added to "Previously Paid" line item.

Storm Drain $ 110,215.20 $ 110,215.20 $  ‐ $ 110,215.20 $3,176.25 of $7,500 previously paid funds for "SWPP's" was reallocated to Storm Drain.

This amount was accounted for and added to "Previously Paid" line item. $2,334.51 of $13,620 previously paid funds for "Survey markers as needed" was reallocated to Storm Drain.

This amount was accounted for and added to "Previously Paid" line item.

Domestic water and irrigation underground $ 93,079.00 $ 26,295.38 $  66,783.62 $ 93,079.00 $5,073.37 of $13,620 previously paid funds for "Survey markers as needed" was reallocated to Storm Drain.

This amount was accounted for and added to "Previously Paid" line item.

Sanitary Sewer $ 60,702.40 $ 60,702.40 $  ‐ $ 60,702.40 $3,035.12 of $13,620 previously paid funds for "Survey markers as needed" was reallocated to Storm Drain.

This amount was accounted for and added to "Previously Paid" line item.

CONTRACT TOTAL $ 414,011.60 $ 347,227.98 $  66,783.62 $ 414,011.60 GENERAL CONDITIONS 24,840.70 $ $           ‐ 24,840.70 $ $ 24,840.70FEE / OVERHEAD 33,120.93 $ $           ‐ 33,120.93 $ $ 33,120.93 LIABILITY INSURANCE 3,105.08 $ $             ‐ 3,105.08 $ $ 3,105.08 GRAND TOTAL $ 475,078.31 $ 408,294.69 $  66,783.62 $ 475,078.31 Due This Invoice: $  66,783.62
Nupchi Xo'oyPROJECT ACCOUNTING SUMMARYPROJECT NAME: Villa Street Reimbursement Item No. 8.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Facility Use Agreement Renewals for Hayes Field Between City of Porterville and Porterville Girls Fastpitch
SOURCE: Parks and Leisure Services
COMMENT: Porterville Girls Fastpitch (PGF) has had a facility use agreement and concession license agreement for Hayes Field with the City since 2017. PGF is a youth softball league serving girls ages 4-18. The league is played at Hayes Field and PGF has been the only league playing or requesting to play at the facility since the inception of the agreement. The current agreements expired December 31, 2021, and may be extended an additional three years upon terms and conditions mutually agreeable to both parties.

PGF has the intent and commitment within the term of the agreement to pay the City of Porterville $2,000 annually to cover field and concession stand usage.

Also, PGF shall continue making facility improvements of at least $2,000 to Hayes Field in exchange for exclusive use of the facility February-May, and first rights to the facility in January, and June-December. Light usage would continue to be paid monthly at the current rate of $10.00 per hour per field. On November 4, 2021, the Parks and Leisure Services Commission recommended for the City to renew the agreement with PGF for an additional three years.

Since taking over the agreement in 2017, PGF has remained in good standing with the City and use of the field.

RECOMMENDATION: That the City Council authorize the renewal of the facility use agreement, and the concession license, between the City and Porterville Girls Fastpitch and authorize and direct the Mayor to execute the same.

ATTACHMENTS: 1. Hayes Field Agreement 2022-2024

2. Hayes Field Concession License 2022-2024
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 8.
1 HAYES FIELD FACILITY USE AND MAINTENANCE AGREEMENT

BETWEEN CITY OF PORTERVILLE AND PORTERVILLE GIRLS FASTPITCH Recognizing the value to the community of sharing facilities, the following agreement has been adopted by the City of Porterville Parks and Leisure Services Department (“CITY”) and Porterville Girls Fastpitch (“PGF”). The agreement establishes policies regarding the use of Hayes Field, 945 W. Mulberry.

1. Term of this license shall be three-years commencing January 1, 2022, and ending December 31, 2024. The License Agreement may be extended for an additional three years upon the same terms and conditions, at the option of PGF, provided that PGF provides Notice of Intent to extend the Agreement at least thirty days prior to expiration of the initial period. Thereafter, the License may be extended for an additional threeyear period upon terms and conditions mutually agreeable to both parties.

2. PGF has the intent and commitment within the term of the Agreement to pay CITY $2,000 annually to cover field and concession stand usage, and to continue making facility improvements of at least $2,000 to Hayes Field in exchange for exclusive use of the facility February-May, and first rights to the facility in January, and JuneDecember.

3. PGF Board personnel shall attend a pre-season organizational meeting with CITY staff to discuss specific operational duties and responsibilities.

4. PGF agrees that the CITY shall be scheduling agent for the field and that CITY shall schedule the dates and times of use except for use by PGF.

5. CITY agrees to continue its routine maintenance of the facility at its current schedule.

6. PGF shall be responsible for maintaining the facilities in good playing condition during the scheduled playing period. Maintenance and responsibilities shall include:
a. Mowing and irrigating the infield and outfield turf areas as needed. b. Maintaining bleacher area in good order and free of litter. Cleaning the bleacher area after each game.
c. Repairing damage to designated area.
d. Providing the necessary maintenance equipment and supplies to accomplish all the above tasks.
e. Maintaining any storage facility.
f. At no time shall vehicles including, but not limited to, maintenance vehicles, be permitted on turf areas without permission of the CITY, except in the performance of necessary maintenance duties.

7. PGF staff shall be responsible for providing all related supplies and equipment such as additional bleachers, scoreboards, PA system, and other miscellaneous items that may be required.
2 8. After the completion of each use, PGF staff shall be responsible for clean-up of all debris in a timely manner and locking all gates and storage areas when necessary.

9. PGF shall contact and receive consent from the CITY before installing improvements relative to the program such as signs, field improvements, electrical improvements, etc.

10. All concerns or request for routine, additional or special maintenance needs are to be directed to the Parks Superintendent at 782-7515.

11. If PGF should make substantial improvements to the facility, upon termination of this Agreement, CITY shall determine disposition of these improvements. If CITY determines that some or all of the improvements are to be removed, PGF at its own expense shall remove them in a timely manner and return the facility to its original condition. Otherwise, all improvements shall remain CITY property.

12. PGF shall make repairs and corrections to miscellaneous items not in proper working condition. Field markings must be painted and not chemically sprayed.

13. All games and practices must be scheduled during normal park hours (7:00 a.m. to 10:00 p.m.)

14. PGF shall promptly and completely observe, comply with, and conform to all present and future applicable Federal, State and Local laws, requirements, and standards in the operation and use of the License and the premises, and its programs on these premises.

This includes, but is not limited to, Federal and State discrimination and disability laws and regulations. PGF shall, at its own cost and expense, make any and all improvements thereon or alteration thereto, structurally or otherwise, that may be required at any time hereafter by any such present or future law, rule, requirement, order, direction, ordinance or regulations. Failure to comply with this section is grounds for immediate termination of this License by CITY, and any notice requirements required pursuant to this Agreement shall not apply.

15. PGF must procure and maintain insurance and filed with CITY for the duration of the License for which Hayes Field has been reserved against claims for injuries to persons or damages to property which may arise from or in connection with PGF operation and use of Hayes Field. The cost of such insurance shall be borne by PGF.

PGF shall secure and maintain, at PGF’s expense, liability insurance including with a two million dollar ($2,000,000) combined single limit for property damage and injury, including death, to one or more persons, and deposit with the CITY an original certificate of said insurance, naming the CITY, its officers, agents and employees as an additional insured on PGF’s policy.

16. Indemnification. To the fullest extent permitted by law, PGF (and its officers, employees, contractors, agents or volunteers) shall indemnify, defend and hold harmless, the CITY, its officers, agents, employees, and volunteers (“City Indemnitees”), from and against all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of 3 litigation (“claims”), arising out of or in any way connected with PGF’s use of, operations, or activities on or at Hayes Field, or PGF’s performance of this Agreement, including CITY’s active or passive negligence EXCEPT for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from PGF’s performance of this Agreement, PGF shall provide a defense to the City Indemnitees, or at the CITY’s option, reimburse City Indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

17. PGF shall maintain Workers’ Compensation Insurance for all its employees and volunteers who are in any way connected with the performance of PGF’s activities to the extent required and as provided by law.

18. PGF shall maintain a City of Porterville Non-profit Business License during the term of this Agreement.

19. In the event the PGF shall fail, neglect or refuse to abide by and perform the terms, conditions, covenants, and agreements hereof, the CITY may, at its option, terminate and cancel this Agreement and in the event of a termination of this Agreement, the PGF shall surrender up and deliver to the CITY complete possession of the premises where said Agreement is being operated within 30 days after receiving notice to vacate. The CITY may also terminate the Agreement with written notice if PGF fails to use the facility as intended for a period of three consecutive months or more.

The apparent commission of a crime by PGF or any of PGF’s employees, contractors, agents, or volunteers during the term of this Agreement is grounds for immediate termination of this Agreement by the CITY.

20. PGF shall not assign, transfer or convey this Agreement or any of the rights or benefits hereunder to any person, firm or corporation without first securing the written consent of the CITY, and said consent can be withheld for any reason.

21. The CITY, by its authorized agents and servants, reserves the right of entry upon the premises where said Agreement is being operated for purposes of inspection.

22. Nothing herein shall be construed as making the CITY and the PGF partners and/or the parties engaging in joint ventures.

23. PGF shall maintain compliance with all Federal, State and local laws, rules and regulations.

24. During the entire term of this Agreement, PGF shall not suffer, allow, or permit any income, profit, or emolument gross and net from any of its activities arising from, connected with, or in any manner associated with the use and employment by PGF of this Agreement to inure, to be paid to, or delivered to the benefit of any members, private shareholder, or individual; income, profit, 4 gross and net, or other rights or benefits which shall arise from the use and employment of this Agreement shall be used solely, positively and exclusively to meet the necessary expenses or upkeep and operation of the activities of the PGF as such, and not any members, shareholders, or individual.

25. Attorney Fees. If any litigation is commenced between the parties to the Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

26. Each party has participated fully in the review and revision of this agreement. Any rules of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

PORTERVILLE GIRLS FASTPITCH
_________________________________________
Board Chairperson

CITY OF PORTERVILLE
_________________________________________
Adrian Monte Reyes, Mayor
ATTEST: APPROVED AS TO FORM
_________________________________________ _____________________ John D. Lollis, City Clerk Julia M. Lew, City Attorney
1 CITY OF PORTERVILLE

HAYES FIELD

CONCESSION LICENSE
The City of Porterville, hereinafter referred to as “CITY” hereby grants to the Porterville Girls Fastpitch (PGF), hereinafter referred to as “LICENSEE”, a license for services to the public in general, for the sale of soft drinks, ice creams, hot dogs, pre-packaged food, general confectionery articles and products, and promotional items at the Hayes Field Concession Building located at 945 W. Mulberry, Porterville, California, for a term of commencing January 1, 2022, and ending December 31, 2024.

1. The LICENSEE’S appointment is conditional upon passing a drug/alcohol test, fingerprint clearance, and/or reference check.

2. The LICENSEE shall not sell or serve any type of alcoholic beverage on the premises.

3. The LICENSEE shall, at all times during the term of said License, keep and maintain the concession building open for the convenience of patrons at said Field during the hours in which said Field is being utilized for organized softball or at any other time the CITY deems the operation of the concession necessary for special activities. Failure to operate the concession facilities during the specified periods is a breach of this Agreement and shall constitute grounds for termination of this Agreement.

4. The LICENSEE shall keep and maintain all concession facilities, equipment and grounds at and around said concession building in good and sanitary condition and shall keep and maintain all of the concession fixtures and equipment in good condition and repair.

5. Each employee, volunteer or agent of LICENSEE should: a) be clean, neat, and wellgroomed; b) be professional, courteous, and friendly to the public; and c) adhere to the CITY personnel policy regarding dress code.

6. The LICENSEE shall lock the concession building and all gates upon closing the concession building and park. The LICENSEE shall turn in all keys to the CITY five days after expiration of term.

7. In the event the LICENSEE coordinates placement of refrigerators or vending and dispensing machines at the facility, LICENSEE shall ensure such machines are removed or disengaged from City provided utilities promptly at the conclusion of each season. The LICENSEE shall also see to it that any type of machine or equipment does not block any door entrance.

8. In the event the LICENSEE shall fail, neglect or refuse to abide by and perform the terms, conditions, covenants, and agreements hereof, the CITY may, at its option, terminate and cancel this License, and in the event of a termination of this License, the LICENSEE shall surrender up and deliver to the CITY complete possession of the premises where said 2 License is being operated within 30 days after receiving notice to vacate. The failure by LICENSEE to comply with all applicable laws and regulations or the apparent commission of a crime by LICENSEE or any of LICENSEE’S employees, contractors, agents, or volunteers during the term of this Agreement is grounds for immediate termination of this Agreement by the CITY.

9. If this Agreement is terminated by the CITY without cause prior to the conclusion of the initial License term, and a non-profit organization enters into a Concession License Agreement with the CITY for the facility, the CITY shall reimburse LICENSEE for any documented improvements made during the term of this License Agreement that were preapproved in writing by the CITY, including but not limited to any such structural improvements. In this event the concession fees collected for the facility as specified in paragraph 15 shall be credited against said start-up costs.

10.The LICENSEE shall not assign, transfer or convey this license or any of the rights or benefits hereunder to any person, firm or corporation without first securing the written consent of the CITY, and such consent may be withheld for any reason.

11.The CITY, by its authorized agents and servants, reserves the right of entry upon the premises where said license is being operated for purposes of inspection.

12.Nothing herein shall be construed as making the CITY and the LICENSEE partners.

13.To the fullest extent permitted by law, LICENSEE (and its officers, employees, contractors, agents or volunteers) shall indemnify, defend and hold harmless, the CITY, its officers, agents, employees, and volunteers (“City Indemnitees”), from and against all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of or in any way connected with the use, occupation or employment of said License, or LICENSEE’s performance of this Agreement, including CITY’s active or passive negligence EXCEPT for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from LICENSEE’s performance of this Agreement, LICENSEE shall provide a defense to the City Indemnitees, or at the CITY’s option, reimburse City Indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

14. LICENSEE shall secure, at LICENSEE’s expense, liability insurance including product liability indemnifying the CITY and the LICENSEE in the sum of two million dollars ($2,000,000) combined single limit for property damage and injury, including death, to one or more persons, and deposit with the CITY an original certificate of said insurance, and name the CITY, its officers, agents and employees as an additional insured on LICENSEE’s policy.

15.During the entire term of this License, the Licensee shall not suffer, allow, or permit any income, profit, or emolument gross and net from any of its activities arising from, connected with, or in any manner associated with the use and employment by the LICENSEE of this 3 License to enure, to be paid to, or delivered to the benefit of any members, private shareholder, or individual; and/or income, profit, gross and net, or other rights or benefits which shall arise from the use and employment of this LICENSEE shall be used solely, positively and exclusively to meet the necessary expenses or upkeep and operation of the activities of the LICENSEE as such, and not any members, shareholders, or individual.

16.The LICENSEE’s fee to operate the Hayes Field concession stand is paid for through the Hayes Field Usage Agreement between CITY and LICENSEE.

17.The LICENSEE shall obtain a non-profit business license from the City of Porterville prior to the commencement date of this license agreement.

18.The LICENSEE shall maintain Workers’ Compensation Insurance for all its employees and volunteers who are in any way connected with the performance of LICENSEE’S concessionary interest to the extent as provided by law.

19.The LICENSEE shall maintain and keep adequate records of its sales from the Licensed premises and agrees to permit the CITY to examine said records on demand. In addition, the LICENSEE shall submit a completed “Monthly Concession Report” form to the City no later than the fifth day of the month following any month during which the LICENSEE conducted concession sales.

20.The LICENSEE shall have the right and privilege, provided it is not in default of the terms and provisions of the License, at the end of the term or sooner termination thereof, to remove from the Licensed premises all personal property belonging to the LICENSEE, together with their stocks, goods and wares and trade fixtures that LICENSEE may have installed, provided the same can be removed without material injury to the premises and the LICENSEE hereby acknowledges receipt of the premises in good condition and repair.

21.Notwithstanding any provision of this agreement to the contrary, this agreement may be terminated by either party, with our without cause, by giving the other party thirty (30) days written notice of termination. Notice shall be given by personal delivery or first class mail, return receipt requested.

22.Attorney Fees. If any litigation is commenced between the parties to the Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation to a reasonable sum as and for its attorney’s fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

23.Each party has participated fully in the review and revision of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

IN WITNESS whereof the parties have executed this License Agreement at Porterville, California, this ____st day of February, 2022.
4 CITY OF PORTERVILLE PORTERVILLE GIRLS FASTPITCH
BY: _____________________________ BY:________________________ Martha A. Flores, Mayor Board Chairperson

ATTEST:

John D. Lollis, City Clerk APPROVED AS TO FORM:
____________________________________ ________________________________ BY: Patrice Hildreth, Chief Deputy City Clerk Julia M Lew, City Attorney Item No. 9.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Renewal of Airport Lease Agreement - Lot No. 44A SOURCE: Finance
COMMENT:

Silvio Addamo is the current leaseholder of Lot No. 44A at the Porterville Municipal Airport. The current lease expires on February 28, 2022. The City has received a request from Silvio Addamo, dated January 3, 2022, to renew the lease for a period of fifteen (15) years. The lot is approximately 4,200 square feet in area and will rent for a rate of $0.358 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning in January 1, 2023 and each January 1 thereafter. The lease will begin on March 1, 2022 and expire on February 28, 2037. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council approve the extension of the Lease Agreement between the City and Silvio Addamo for Lot No. 44A at the Porterville Municipal Airport for a term of fifteen (15) years.

ATTACHMENTS: 1. Draft Lease Agreement

2. Letter of Request

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
1 LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the first day of March, 2022, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Silvio Addamo, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 44A at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on March 1, 2022, both parties having executed the same, and shall terminate on February 28, 2037, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee 2 appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.358 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 4,200 square feet of land area, said rental rate will be $1,503.60 annually, or $125.30 per month, payable in advance.

Beginning January 1, 2023, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspectionsfor the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City 3 Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.

5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any 4 and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water , sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and 5 save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policies in the amount of not less than TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected 6 to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:
7 This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Silvio Addamo
1860 W. Westfield
Porterville, CA 93257
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part 8 thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lender shall have the right at any time during the term of the loan and while this Lease is in full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter at such lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee 9 to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recover shall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” 10 as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction ofsaid improvements or the installation of said furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises as set forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security 11 for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by a Court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
12 CITY OF PORTERVILLE LESSEE
By: ___________________________________ By: ________________________________ Adrian Monte Reyes, Mayor Silvio Addamo
ATTEST:

By: ___________________________________
John D. Lollis, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Julia M. Lew, City Attorney

Item No. 10.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Addendum No. 3 to 4Creeks Villa Street Reconstruction Service Agreement SOURCE: Engineering and Project Management
COMMENT: At its meeting on February 19, 2019, the City Council authorized staff to execute a consultant service agreement for the reconstruction of Villa Street between Henderson Avenue and Olive Avenue. The proposal from 4Creeks for the reconstruction design was in the amount of $247,215 and included project management, surveying, geotechnical investigation, and construction plans.

Addendum No. 1 to this agreement in the amount of $51,900 was authorized by the Council at its meeting on April 7, 2020, and it included the design of a box culvert bridge in lieu of a culvert pipe at the Porter Slough Crossing and the inclusion of recycled water pipe. Addendum No. 2 to this agreement in the amount of $59,750 was authorized by Council at its meeting on June 15, 2021, and it included a full pothole report of the project area and additional sanitary sewer replacement design.

During recent storms, this area was inundated with storm water. Field evaluation during cleanup determined that the storm water infrastructure detailed on as-built plans did not actually exist at the level portrayed. Additional design work is needed to upgrade the "bubble-ups" and undersized pipes that are installed to a full storm drain system and prevent future flooding in the area.

Staff recommends approval of the addendum in order to allow the consultant to proceed to a one hundred percent (100%) design submittal to maintain the project's schedule. Local Transportation Fund (LTF) funding is available for this addendum.

RECOMMENDATION: That City Council:

1. Authorize the Mayor to execute Addendum No. 3 to 4Creeks' Service Agreement at an agreed upon fee of $19,720 for the services described herein; and

2. Authorize progress payments up to one hundred percent (100%) of the fee amount and authorize a ten percent (10%) contingency to cover unforeseen costs.

ATTACHMENTS: 1. Villa Street Change Order 3 Proposal

2. Locator Map - Villa Street Reconstruction
Item No. 10.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
January 21, 2022
Mr. Daniel Cervantez
Engineering & Project Management Director
City of Porterville
291 N. Main St.

Porterville, CA 93257
Subject: Change Order 3 Design Proposal for Villa St Reconstruction Project and Porter Slough Improvement Project – Storm Drain Design
Dear Mr. Cervantez,
This Change Order 3 is being provided at request of the City to add sections of storm drain replacement to the design of Villa St Reconstruction and Porter Slough Improvement Project. Listed below is the general scope of work and fees for these services.

Task 1: Storm Drain Design
• Approximately 1,185 LF of storm drain main between 51 N. Villa St and 590 W. Putnam St. will be upsized and replaced on the Villa St Reconstruction Project. • (4) Storm Drain manholes will be replaced and (1) new storm drain manhole will be added to the Villa St.

Reconstruction Project to meet maximum spacing requirements. • Replacement of (2) storm drain catch basins.
• Identification of conflicts with gas mains and any other utilities per the pothole report. o Coordinate with utility companies on relocations as necessary. • Redesign the fiber conduit along the stretch of new storm drain main to give minimum required spacing between the utilities.
• Design and incorporate a Stormceptor for inclusion into the Porter Slough Improvement Project. • Include this work in the Cost Estimates and Specifications for the Villa St Reconstruction Project and the Porter Slough Improvement Project.
• This task also includes additional project management and coordination work due to the addition of the storm drain main, manholes, catch basins, and Stormceptor. • Finalization and re-submittal of bid documents.

The above Task 1 services will be provided for a Fixed Fee of $19,720 Total Fixed Fee Amount for Change Order 3 = $19,720
City of Porterville Responsibilities
• Same as the original proposal.

Exclusions
• Any work not specifically listed in this scope of services. 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
If you have any questions or need any additional information, please feel free to give us a call to discuss.

Sincerely,
Chris Crawford, PE 71192 Matthew D. Ainley, PE 66233
Sr. Civil Engineer Principal-In-Charge

Approval:
__________________________________________ ___________________________________ City Signature Date
Project Technician II Project Technician III Project Tech IV Project Tech V Engineer I Engineer IV Engineer V Principal Engineer Utility Designer II Structural Engineer
II
Reimbursable
Expenses
$65 $75 $85 $95 $110 $140 $150 $170 $130 $135 Fee Varies Task 1 - Sanitary Sewer Design
Storm Drain Design & Conflict Resolution 82 8 $10,220
Cost Estimate and Specifications 40 8 $5,600
Project Management/Quality Control 16 8 $2,960
Admin. 8 2 $940
$19,720
TOTAL: 0 8 0 0 138 0 24 2 0 0 0
TOTAL = $19,720
TOTAL
Villa St - Change Order 3
Fee Breakdown
C. Crawford - 1/21/22

Item No. 11.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Land and Water Conservation Fund Grant Resolution SOURCE: Parks and Leisure Services
COMMENT: Land and Water Conservation Fund (LWCF) grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Since 1965, over 1,000 parks throughout California have been created or improved with LWCF assistance. The LWCF grant requires a fifty percent (50%) match with a maximum request amount of $6,000,000. Community Development Block Grant (CDBG) Park Improvement Funds and Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) funds are considered eligible matching fund sources.

There are two key components that make the grant application more competitive in what will be a highly competitive process. Forty-two percent (42%) of Porterville's residents live further than a half mile from a park, which is eighteen percent (18%) higher than the state average. Also, the project site is in an area with an annual median household income that is less than $49,119, which is the maximum amount allowed to have an eligible application.

After assessing the Fourth Street site (future park and community center), and Olive Street site (future library and multi-sports fields), staff determined that the grant application has the potential to score higher with a project on the Fourth Street site. Some of the recreation features included in the successful $7.8 million SPP grant for the Fourth Street Park portion of the project include a splash pad, playground, mini-pitch arena, pump track and challenge fitness course. Shade structures were not included in the grant for any of these items.

Eligible LWCF projects utilizing SPP dollars must either enhance SPP recreation features, or add additional of the same recreation features included in the SPP grant scope. The project scope for the LWCF grant application will be to provide shade structures for each of the five main recreation features, in order to increase public usage time as they will be more protected from the weather, and to prolong the life of the recreation features.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the application for the Land and Water Conservation Fund Grant.

ATTACHMENTS: 1. Draft Resolution

2. Locator Map - Fourth Street
Item No. 11.

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. ___ -2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE APPLICATION FOR

LAND AND WATER CONSERVATION FUND

FOURTH STREET PARK DEVELOPMENT PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing APPLICATIONS by local agencies under the program; and
WHEREAS, the APPLICANT certifies by resolution the approval of the APPLICATION and the availability of eligible MATCHING funds prior to submission of the APPLICATION to the State;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby:

1. Approves the filing of an APPLICATION for Land and Water Conservation Fund assistance for the proposed; Fourth Street Park Development

2. Agrees to abide by SECTION 6(f)(3) of Public Law 88-578 which states “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses.

The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

3. Certifies that said agency has MATCHING funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and

4. Appoints the Parks and Leisure Services Director as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including, but not limited to, APPLICATIONS, CONTRACTS, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned PROJECT.

PASSED, APPROVED AND ADOPTED this 1st day of February, 2022. ______________________________
Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By:________________________________
Patrice Hildreth, Chief Deputy City Clerk

Item No. 12.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Approval of First Amendment to the Memorandum of Understanding of the Tule River Basin Integrated Regional Water Management Plan Group SOURCE: Public Works
COMMENT: At its meeting on June 16, 2015, the City Council reaffirmed the City's participation in the Tule River Basin Integrated Regional Water Management Plan ("IRWMP" or "Plan") group, entering into a Memorandum of understanding (MOU). As a public agency providing water services, the City has been an active participant in the Tule River Basin IRWMP group. The concept was initiated by the Deer Creek & Tule River Authority and its member districts with the intent of taking advantage of special funding opportunities provided to the region with an IRWMP. The Plan considers all significant water users within the Tule River Sub-basin, composed of the Deer Creek & Tule River Authority, Lower Tule River Irrigation District, Pixley Irrigation District, Porterville Irrigation District, Saucelito Irrigation District, Tea Pot Dome Water District, Terra Bella Irrigation District, Vandalia Water District, the County of Tulare, the City of Porterville, Angiola Water District, and Deer Creek Storm Water District.

Stakeholders in the IRWMP group have additional opportunities to receive grant funds through the State. While funding and the associated match would be defined on a case-per-case basis, project goals involve assisting disadvantaged communities with grant funds.

Attached is the First Amendment to the Memorandum of Understanding that all agencies will be required to approve. It has been reviewed by City staff with no substantial changes to the efforts of the IRWMP Group. Notable changes in the amendment are the removal of the Deer Creek & Tule River Authority, named in the original MOU, and is in the process of dissolving. As a result of this action, Lower Tule Irrigation District will act as the appointed fiscal agent for the Tule River Basin IRWMP Group under the MOU.

The staff supports the language of the Memorandum of Understanding, with notable changes, and recommends the Council's approval. Authorizing signature of the First Amendment to the Memorandum of Understanding of the Tule River Basin Integrated Regional Water Management Plan Group by the Mayor and City Attorney, executing the attached Amended Memorandum of Understanding.

RECOMMENDATION: That the City Council:

Item No. 12.

1. Approve the First Amendment to the Memorandum of
Understanding of the Tule River Basin Integrated Regional Water Management Plan Group, removing the Deer Creek & Tule River Authority, replacing the fiscal agent with Lower Tule for the Tule Basin IRWMP Group; and

2. Authorize the Mayor and City Attorney to execute the attached Amended Memorandum of Understanding.

ATTACHMENTS: 1. Memorandum of Understanding

2. First Amendment of the Tule Basin IRWMP MOU
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

FIRST AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING
Tule River Basin IRWMP Group

THIS FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (“MOU”), effective this__________________, by and between the LOWER TULE RIVER IRRIGATION DISTRICT (“Lower Tule”), the PIXLEY IRRIGATION DISTRICT (“Pixley”), the PORTERVILLE IRRIGATION DISTRICT (“Porterville ID”), the SAUCELITO IRRIGATION DISTRICT (“Saucelito”), the TEA POT DOME WATER DISTRICT (“Tea Pot Dome”), the TERRA BELLA IRRIGATION DISTRICT (“Terra Bella”), the VANDALIA WATER DISTRICT (“Vandalia”), the COUNTY OF TULARE (“County”), the CITY OF PORTERVILLE (“City”), ANGIOLA WATER DISTRICT, (“Angiola”), DEER CREEK STORM WATER DISTRICT, (“Deer Creek”), hereinafter collectively “Parties” and individually “Party”, is made in light of the following:

RECITALS:

WHEREAS, both the Integrated Regional Water Management Planning Act of 2002, found in Division 6, Part 2.2 of the California Water Code, and the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, found in Division 26.5 of the California Water Code, authorize and encourage public entities to develop an Integrated Regional Water Management Plan (“IRWMP”);
WHEREAS, the Parties have previously acted to adopt a Memorandum of Understanding, (“MOU”) concernining the formation of a regional water management group, referred to herein as the “Tule River Basin IRWMP Group”; WHEREAS, the Parties have prepared and adopted an IRWMP for the Tule Basin pursuant to that MOU, however the joint powers authority, the DEER CREEK & TULE RIVER AUTHORITY (“Authority”) named in the original MOU is in the process of dissolving;
WHEREAS, under the prior MOU the Authority was considered a party to the MOU and acted as the fiscal agent for the Tule River Basin IRWMP Group; WHEREAS, the Parties are hereby amending the prior MOU to state that the Authority will no longer be a member and authorize Lower Tule to act as the fiscal agent for the Tule River Basin IRWMP Group under the MOU;
NOW, THEREFORE, it is mutually understood and agreed as follows:

1. Section 3.3 of the MOU, which appointed the Authority as the fiscal agent is hereby deleted and replaced the following paragraph, which appoints Lower Tule as the fiscal agent for the Tule River Basin IRWMP Group:
2 3.3 Lower Tule shall assume the duties of the fiscal agent in place of the Authority for of all costs incurred in connection with the work authorized by this MOU. Lower Tule shall obtain all records of matters previously handled by the Authority when it was acting as the fiscal agent for the Parties to the MOU. Lower Tule agrees that it shall assume management of the records as fiscal agent and continue collection and payment of cost share allocations pursuant to the MOU.

Lower Tule shall be responsible for notifying the other Parties of such costs. Each of the Parties shall pay its respective share of the costs within forty-five (45) days of notification of the same by Lower Tule. Lower Tule shall keep an accurate accounting of the invoices it receives and all monies received for the payment of same. Each of the Parties shall be entitled to inspect the records of Lower Tule with respect to the matters described in this Section 3.3. To the extent the IRMWP Governing Board directs Lower Tule to undertake specific administrative actions in support of this MOU as the fiscal agent, the IRMWP Governing Board shall authorize reimbursement to Lower Tule of such costs.

2. Parties agree that Section 4.2 of the MOU, which recognized the capacity of the Authority, is no longer necessary. With the dissolution of the Authority it will no longer be a party to the MOU and Section 4.2 is deleted from the MOU.

3. Except as specifically modified and amended herein, all the terms, provisions, requirements, and specifications contained in the MOU remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Memorandum of Understanding to be effective as of the date first above written.

Dated: Lower Tule River Irrigation District
By:

Title:

Approved as to form:

Attorney for Lower Tule River ID
3 Dated: Pixley Irrigation District
By:

Title:

Approved as to form:

Attorney for Pixley ID
Dated: Porterville Irrigation District
By:

Title:

Approved as to form:

Attorney for Porterville ID

Dated: Saucelito Irrigation District
By:

Title:

Approved as to form:

Attorney for Saucelito ID
Dated: Terra Bella Irrigation District
By:

Title:

Approved as to form:

Attorney for Terra Bella ID
4 Dated: Tea Pot Dome Water District
By:

Title:

Approved as to form:

Attorney for Tea Pot Dome WD
Dated: Vandalia Water District
By:

Title:

Approved as to form:

Attorney for Vandalia Water District
Dated: County of Tulare
By:

Title:

Approved as to form:

Tulare County Counsel
Dated: City of Porterville
By:

Title:

Approved as to form:

Attorney for City of Porterville
5 Dated: Angiola Water District
By:

Title:

Approved as to form:

Attorney for Angiola WD
Dated: Deer Creek Storm Water District
By:

Title:

Approved as to form:

Attorney for Deer Creek Storm Water District
Item No. 13.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Request to set Public Hearing for the Review and Adoption of the 2020 Urban Water Management Plan
SOURCE: Public Works
COMMENT: The Urban Water Management Plan (UWMP) is a requirement of the Urban Water Management Planning Act (UWMPA) (Division 6, Part 2.6 of the California Water Code (CWC) §10610-10656). The UWMPs must be submitted to the Department of Water Resources (DWR). The submittal is a requirement of the UWMPA, including the most current amendments that have been made.

The UWMPA applies to urban water suppliers with 3,000 or more connections being served or supplying more than 3,000 acre-feet (AF) of water annually; the City serves more than 17,000 connections and annually supplies more than 10,000 AF of water.

UWMPs are required of the state’s urban water suppliers in an effort to assist with resource planning and to ensure adequate water supplies are available for future use. A secondary purpose of the UWMP is to provide for a plan or series of plans during water drought situations. This plan was prepared according to the requirements of the CWC, UWMPA, and the UWMP 2020 Guidebook.

The 2020 UWMP calculates the City’s average water use in gallons per capita per day (GPCD). The GPCD is used to form a baseline across a ten-year period; 2001 to 2010. The City’s ten-year baseline GPCD is 195 GPCD. The City’s 2020 GPCD target of 179 GPCD is based on the hydrologic region target for the Tulare Lake region. The midpoint between the baseline and the 2020 target is the 2015 interim target of 187 GPCD. The DWR Population Tool was used to calculate the City’s Service Area Population in determining the City’s 2020 compliance year GPCD of 133 GPCD. The City met the 2020 target of 179 GPCD in the year 2020 with an actual per capita water use of 133 GPCD. These efforts were achieved through community conservation and operational efficiencies. Staff’s recommendation is to set a Public Hearing for March 1, 2022, to receive public comment prior to Council Adoption of the 2020 UWMP.

RECOMMENDATION: That the City Council:

1. Direct the City Clerk to publish the Public Notice in the Porterville Recorder once a week for two successive weeks with at least 5 intervening days between publication dates; and

2. Set the Council meeting of March 1, 2022, as the time and the Item No. 13.
place for a Public Hearing.

ATTACHMENTS: 1. Draft 2020 Urban Water Management Plan
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
City of Porterville
2020 URBAN WATER MANAGEMENT
PLAN
DRAFT FINAL | January 2022

City of Porterville
2020 URBAN WATER MANAGEMENT PLAN
DRAFT FINAL | January 2022
This document is released for the purpose of
information exchange review and planning
only under the authority of
Anthony M. Cemo,
January 26, 2022,
State of California, PE 87929.

CONTENTS | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | i
pw://Carollo/Documents/Client/CA/Porterville/10656A00/Deliverables/UWMP/Ch01 Contents
Chapter 1 - Introduction and Lay Description 1-1

1.1 Lay Description 1-1

1.2 Background and Purpose 1-1

1.2.1 Previous Urban Water Management Plan 1-2

1.3 Urban Water Management Planning and the California Water Code 1-2

1.3.1 Urban Wat er Management Planning Act 1-2

1.3.2 New Requirements to the Water Code since the 2015 UWMPs 1-3

1.3.3 Water Conservation Act of 2009 (SB X7-7) 1-4

1.4 Report Organization 1-4
Chapter 2 - Plan Preparation 2-1

2.1 Basis for Plan Preparation 2-1

2.1.1 Public Water Syst ems 2-1

2.2 Individual Planning and Compilance 2-1

2.3 Calendar Year and Units of Measure 2-2

2.4 Coordination and Outreach 2-2

2.4.1 Wholesale and Retail Coordination 2-2

2.4.2 Coordination with Other Agencies and the Community 2-3

2.4.3 Notice to Cities and Counties 2-4
Chapter 3 - System Description 3-1

3.1 General Desc ription 3-1

3.1.1 Description of Transmission, Treatment, and Distribution Facilities 3-2

3.2 Service Area Climate 3-2

3.3 Climate Change 3-7

3.4 Service Area Population and Demographics 3-8

3.4.1 Service Area Population 3-8

3.4.2 Other Social, Economic, and Demographic Factors 3-9

3.5 Land Uses within Service Area 3-13

3.5.1 Land Use and Existing Servic e Area 3-13
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CONTENTS ii | JANUARY 2022 | DRAFT FINAL
Chapter 4 - Customer Water Use 4-1

4.1 Non-Potable Versus Potable Water Use 4-1

4.2 Past, Current, and Projected Water Use By Sector 4-1

4.3 Distribution System Water Losses 4-3

4.4 Estimating Future Water Savings 4-4

4.5 Water Use for Lower Income Households 4-4

4.6 Climate Change Considerations 4-5
Chapter 5 - Conservation Target Compliance 5-1

5.1 2015 UWMP Baseline and Targets 5-1

5.2 Servic e Area Population 5-1

5.3 Gross Water Use 5-2

5.4 Baseline Daily Per Capita Water Use 5-2

5.5 Baselines and Targets Summary 5-2

5.5.1 Target Methods and Target Confirmation 5-3

5.6 2020 Compliance Daily Per Capita Water Use 5-4
Chapter 6 - System Supplies 6-1

6.1 Water Supply Overview 6-1

6.2 Purchased or Imported Water 6-1

6.3 Groundwater 6-2

6.3.1 Basin Description 6-2

6.3.2 Groundwater Management 6-3

6.3.3 Overdraft Conditions 6-3

6.3.4 Historical Groundwater Pumping 6-4

6.4 Surface Water 6-5

6.5 Stormwater 6-5

6.6 Wastewater and Recycled Wat er 6-5

6.6.1 Recycled Water Coordination 6-5

6.6.2 Wastewater Collection, Treatment Systems, and Disposal 6-6

6.6.3 Wastewater Treatment and Discharge within Service Area 6-7

6.6.4 Recycled Water System Description 6-9

6.6.5 Potential, Current, and Planned Uses of Recycled Water 6-10

6.6.6 Actions to Encourage and Optimize Future Recycled Water Use 6-12 CONTENTS | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | iii

6.7 Desalinated Water Opportunities 6-13

6.8 Exchanges or Transfers 6-13

6.8.1 Exchanges or Transfers 6-13

6.8.2 Emergency Interties 6-13

6.9 Future Water Projects 6-13

6.10 Summary of Existing and Planned Sources of Water 6-16

6.10.1 Description of Supplies 6-16

6.10.2 Quantification of Supplies 6-16

6.11 Special Conditions 6-18

6.11.1 Climate Change Effects 6-18

6.11.2 Regulatory Conditions and Project Development 6-19 Chapter 7 - Water System Reliability and Drought Risk Assessment 7-1

7.1 Constraints of Water Sourc es 7-1

7.1.1 Water Supply Quality 7-1

7.1.2 Climate 7-2

7.1.3 Potential Alt ernative Sourc es 7-2

7.2 Water Supply Reliability by Type of Year 7-2

7.2.1 Methodology 7-2

7.2.2 Basis of Water Year Data 7-3

7.3 Water Servic e Reliability Assessment 7-4

7.3.1 Water Servic e Reliability - Normal Year 7-5

7.3.2 Water Servic e Reliability - Single-Dry Year 7-5

7.3.3 Water Service Reliability – Five-Consecutive-Year Drought 7-6

7.3.4 Description of Management Tools and Options 7-6

7.3.5 Seismic Risk Assessment and Mitigation Plan 7-7

7.4 Drought Risk Assessment 7-9

7.5 Regional Supply Reliability 7-11
Chapter 8 - Water Shortage Contingency Plan 8-1

8.1 Water Supply Reliability and Drought Risk Assessment 8-1

8.2 Annual Water Supply and Demand Assessment Proc edures 8-2

8.2.1 Decision-Making Process 8-2

8.2.2 Data Inputs and Water Supply Reliability Assessment Methodology 8-3 CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CONTENTS iv | JANUARY 2022 | DRAFT FINAL

8.2.3 Description and Quantification of Each Water Supply Source 8-3

8.3 Six Standard Wat er Shortage Levels 8-4

8.4 Shortage Response Actions 8-6

8.4.1 Eastern Tule Groundwater Sustainability Plan (GSP) 8-15

8.4.2 Water Conservation Plan (WCP) 8-15

8.4.3 Emergency Response Plan 8-15

8.4.4 Seismic Risk Assessment and Mitigation Plan 8-16

8.5 Communication Protocols 8-16

8.6 Compliance and Enforcement 8-18

8.7 Legal Authorities 8-20

8.8 Financial Consequences of WSCP Activation 8-20

8.9 Monitoring and Reporting 8-21

8.10 WSCP Refinement Procedures 8-22

8.11 Special Water Feature Distinction 8-22

8.12 Plan Adoption, Submittal, and Availability 8-22

8.13 Resources and References 8-23
Chapter 9 - Demand Management Measures 9-1

9.1 Water Waste Prevention Ordinances 9-1

9.2 Metering 9-2

9.3 Conservation Pricing 9-2

9.4 Public Education and Outreach 9-3

9.5 Programs to Assess and Mange Distribution System Real Loss 9-3

9.6 Water Conservation Program Coordination and Staffing Support 9-4

9.7 Other Demand Management Measures 9-4

9.8 Planned Implementation to Achieve Water Use Targets 9-5 Chapter 10 - Plan Adoption, Submittal, and Implementation 10-1

10.1 Inclusion of All 2020 Date 10-1

10.2 Notice of Public Hearing 10-1

10.2.1 Notice to Cities, Agencies, Organizations, and Counties 10-1

10.2.2 Notice to the Public 10-1

10.3 Public Hearing and Adoption 10-2

10.3.1 Adoption 10-2
CONTENTS | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | v

10.4 Plan Submittal 10-2

10.4.1 Submission to DWR 10-2

10.4.2 Electronic Data Submission 10-2

10.4.3 Submission to the California State Library 10-3

10.4.4 Submission to Cities and Counties 10-3

10.5 Public Availability 10-3

10.6 Amending and Adopted UWMP 10-3
Appendices
Appendix A Completed Urban Water Management Checklist
Appendix B 2020 Urban Water Management Plan Adoption Resolution Appendix C 2015 Urban Water Management Plan and Data Sources Appendix D Public Notifications
Appendix E AWWA Water Audit Documents
Appendix F SBX7-7 Verification Forms
Appendix G Eastern Tule GSA Groundwater Sustainability Plan Appendix H 2020 Water Quality CCR
Appendix I Water Conservation Plan
Appendix J Drought Risk Assessment
Appendix K Population Tool Modification Printout
Appendix L Tulare County Mult-Jurisdictional Local Hazard Mitigation Plan Tables
Table 1.1 Applicable Changes to the Water Codes Since 2015 UWMPs 1-3 Table 2.1 Retail Only: Public Water Systems 2-1
Table 2.2 Plan Identification 2-2
Table 2.3 Supplier Identification 2-2
Table 2.4 Retail: Wat er Supplier Information Exchange 2-3 Table 2.5 Coordination with Appropriate Agencies 2-3
Table 3.1 Climate Characteristics 3-2
Table 3.2 Retail: Population – Current and Projected 3-9 Table 3.3 Water Servic e Area Land Use(1)(2) 3-14
Table 4.1 Retail: Demands for Potable and Non-Potable Water – Actual 4-2 CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CONTENTS vi | JANUARY 2022 | DRAFT FINAL
Table 4.2 Retail: Use for Potable and Non-Potable Water – Projected 4-3 Table 4.3 Retail: Total Gross Water Use (Potable and Non-Potable) 4-3 Table 4.4 Retail: 12 Month Water Loss Audit Reporting 4-4 Table 4.5 Retail Only: Inclusion in Water Use Projections 4-4 Table 4.6 Retail Only: Inclusion in Water Use Projections 4-5 Table 5.1 Baselines and Targets Summary 5-2
Table 5.2 2020 Compliance 5-4
Table 6.1 Retail: Groundwater Volume Pumped 6-4
Table 6.2 Retail: Groundwater Volume Pumped 6-6
Table 6.3 Retail: Wastewater Treatment and Discharge within Service Area in 2020 6-8 Table 6.4 Retail: Recycled Water Direct Beneficial Uses within Service Area 6-11 Table 6.5 2015 UWMP Recycled Water Use Projection Compared to 2020 Actual 6-12 Table 6.6 Retail: Methods to Expand Future Recycled Water Use 6-12 Table 6.7 Retail: Expected Future Water Supply Projects or Programs 6-15 Table 6.8 Retail: Wat er Supplies — Actual 6-17
Table 6.9 Retail: Wat er Supplies — Projected 6-17
Table 6.10 Cal-Adapt Hydrologic Parameter Projections 6-19 Table 7.1 Retail: Basis of Water Year Data (Reliability Assessment) 7-3 Table 7.2 Retail: Normal Year Supply and Demand Comparison – Potable and NonPotable 7-5 Table 7.3 Retail: Single Dry Year Supply and Demand Comparison 7-5 Table 7.4 Retail: Multiple Dry Years Supply and Demand Comparison 7-6 Table 7.5 County-Specific Mitigation Strategies for Earthquake Hazards 7-8 Table 7.6 Five-Year Drought Risk Assessment Tables to Address CWC Section 10635(b) 7-10
Table 8.1 Retail: Groundwater Volume Pumped (MG) 8-3
Table 8.2 WSCP Water Shortage Levels, Shortage Response Actions, and Estimated Magnitude of Benefit 8-7
Table 8.3 Communications Protocols 8-17
Table 8.4 Compliance and Enforcement Actions 8-19
CONTENTS | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | vii
Figures
Figure 3.1 City of Porterville Regional Map 3-3
Figure 3.2 City of Porterville Water Distribution System 3-5 Figure 3-3 Historical and Projected Water Servic e Population 3-9 Figure 3.4 Disadvantage Community Identification 3-11
Figure 3.5 General Plan Land Use 3-15
Figure 6.1 Purchased Surfac e Water Volume, MG (2010 – 2020) 6-2 Figure 6.2 Average Treated Wastewat er Effluent Discharged 6-9 Figure 7.1 Average Demand from 2015 to 2020 7-4
Figure 8.1 Crosswalk between WCP Phases and Standard WSCP Levels 8-5 CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CONTENTS viii | JANUARY 2022 | DRAFT FINAL
-This Page Intentionally Left Blank-
ABBREVIATIONS | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | ix
Abbreviations
°F degrees Fahrenheit
AB State Assembly Bill
ac-ft acre-feet
ADMMF average day maximum month flow
AFY acre-feet per year
AWIA America’s Water Infrastructure Act of 2018
AWWA American Water Works Association
BMP Best Management Practices
Carollo Carollo Engineers, Inc.

CCR Annual Consumer Confidence Report
CD compact disc
CII commercial, industrial, and institutional
CIMIS California Irrigation Management Information System CIP Capital Improvement Plan
City City of Porterville
CUWCC California Urban Water Conservation Council
CV Central Valley
CVP Central Valley Project
CWC California Water Code
DAC disadvantage communities
DAFT dissolved air flotation thickeners
DMM demand management measures
DPR direct potable reuse
DRA Drought Risk Assessment
DWR California Department of Water Resources
ERP Emergency Response Plan
ETGSP Eastern Tule Groundwater Sustainability Plan
ETo evapotranspiration
FKC Friant-Kern Canal
gpcd gallons per capita day
GSA Eastern Tule Groundwater Sustainability Agency
IMP Integrated Master Plan
in inch
MCL maximum contaminant level
MDD maximum day demand
MFR multi-family residential
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| ABBREVIATIONS x | JANUARY 2022 | DRAFT FINAL
MG million gallons
mg/L milligrams per liter
mgd million gallons per day
MHI median household income
MJLHMP Multi-Jurisdictional Local Hazard Mitigation Plan MOU Memorandum of Understanding
PID Porterville Irrigation District
PVPUD Porter Vista Public Utilities District
RRA risk and resilience assessment
RUWMP Regional Urban Water Management Plan
RWFS Recycled Water Feasibility Study
SB Senate Bill
SCC DWR Success Lake
SFR single-family residential
SGMA Sustainable Groundwater Management Act
SID Saucelito Irrigation District
TPDID Tea Pot Dome Irrigation District
UDB urban development boundary
USBR United States Bureau of Reclamation
USGS United States Geological Survey
UWMP Urban Water Management Plan
UWMPA Urban Water Management Planning Act
WSCP water shortage contingency plan
WUE Water Use and Efficiency
WWTF wastewater treatment facility
CH 1 INTRODUCTION AND LAY DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 1-1
Chapter 1

INTRODUCTION AND LAY DESCRIPTION

1.1 Lay Description
The City of Porterville (City) 2020 Urban Water Management Plan (UWMP) provides the City with a reliable water supply management plan to describe their past, present, and future water system supply, and demand performance. The 2020 UWMP presents a thorough understanding of the City’s existing system demand and supply sources and includes baseline supply and demand conditions to better prepare the City to strategically manage future environmental challenges. These challenges can include, but certainly are not limited to climate change, decrease in water supplies, natural hazards, and water quality variability. This plan also considers future planning preparation for changes in land-use, population growth, infrastructure developments, and government regulations. This document serves to be a general synopsis of the City’s water system and supply sources and to consider its system characteristics given both environmental variability and the ever-changing dynamic of the City.

1.2 Background and Purpose
The California Water Code (CWC) requires urban water suppliers within the state to prepare and adopt UWMPs for submission to the California Department of Water Resources (DWR). The UWMP, which must be filed every five years, must satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983, including amendments that have been made to the Act. The UWMPA requires urban water suppliers servicing 3,000 or more connections, or supplying more than 3,000 acre-feet (ac-ft) of water annually, to prepare a UWMP.

The purpose of the UWMP is to maintain efficient use of urban water supplies, continueto promote conservation programs and policies, ensure that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during water drought conditions. This document, which was prepared in compliance with the CWC, and as set forth in the 2020 Urban Water Management Plan Guidebook for Urban Water Suppliers (March 2021) established by the DWR, constitutes the City 2020 UWMP.

This 2020 UWMP was prepared in compliance with the UWMPA (CWC §10610 et seq.) and the Water Conservation Bill of 2009 (Senate Bill [SB] X7-7) by Carollo Engineers, Inc. (Carollo).

Contact information for the City and Carollo Engineers is included in the Contact Sheet provided at the beginning of this document.

The City recognizes the importance of maintaining a high-quality reliable water supply. Although water is a renewable resource, it is limited. A long-term reliable supply of water is essential to protect the local and state economy. The main focus for the City is to provide high quality water, maximize the efficient use of water, and promote conservation.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 1 INTRODUCTION AND LAY DESCRIPTION 1-2 | JANUARY 2022 | DRAFT FINAL

1.2.1 Previous Urban Water Management Plan
The City previously prepared an UWMP in 2015, which was approved and adopted on February 20, 2018. Following adoption, the 2015 UWMP was submitted to and formally approved by the DWR. The 2020 UWMP report serves as an update to the 2015 UWMP and pulls extensively from that report. References used in the writing of this report as well as the 2015 UWMP can be found in Appendix C.

1.3 Urban Water Management Planning and the California Water Code The CWC sections applicable to UWMPs are summarized in the sections below.

1.3.1 Urban Water Management Planning Act
In 1983, State Assembly Bill (AB) 797 modified the CWC Division 6 by creating the UWMPA.

Several amendments to the original UWMPA, which were introduced since 1983, have increased the data requirements and planning elements to be included in the UWMPs.

Initial amendments to the UWMPA required that total projected water use be compared to water supply sources over the next 20 years, in 5-year increments. DWR guidelines also suggest projecting through a 25-year planning horizon to maintain a 20-year timeframe until the next UWMP update has been completed.

Other amendments require that UWMPs include provisions for recycled water use, demand management measures (DMMs), and a water shortage contingency plan (WSCP). The UWMPA requires a WSCP which meets the specifications set forth therein. Recycled water was added in the reporting requirements for water usage and figures prominently in the requirements for evaluation of alternative water supplies when future projections predict the need for additional water supplies. Each urban water purveyor must coordinate the preparation of the WSCP with other urban water purveyors in the area, to the extent practicable. Water suppliers must also describe their water DMMs that are being implemented or are scheduled for implementation.

In addition to the UWMPA and its amendments, there are several other regulations that are related to the content of the UWMP. In summary, the key relevant regulations are:
• AB 1420: Requires implementation of DMMs/Best Management Practices (BMP) and meeting the 20-by-2020 targets to qualify for water management grants or loans. • AB 1420: Requires a plan to quantify and report on distribution system water loss. • AB 1420: Provides for water use projections to display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans, when that information is available and applicable to an urban water supplier.
• AB 1465: Requires water suppliers to describe opportunities related to recycled water use and stormwater recapture to offset potable water use. • Amendments SB 610 (Costa, 2001) and AB 901 (Daucher, 2001): Require counties and cities to consider information relating to the availability of water to supply new large developments by mandating the preparation of further water supply planning (Daucher) and Water Supply Assessments (Costa).
• SB 1087: Requires water suppliers to report single-family residential (SFR) and multifamily residential (MFR) projected water use for lower income areas separately.

CH 1 INTRODUCTION AND LAY DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 1-3
• Amendment SB 318 (Alpert, 2004): Requires the UWMP to describe the opportunities for development of desalinated water, including but not limited to, ocean water, brackish water, and groundwater, as long-term supply.
• AB 105 (Wiggins, 2004): Requires urban water suppliers to submit their UWMPs to the California State Library.
• SB X7-7: Requires development and use of new methodologies for reporting population growth estimates, base per capita use, and water conservation. An agency can choose from four methods to establish their interim (2015) and year 2020 water conservation targets.
• AB 2067:Requires water suppliers to provide narratives of water DMMs. • SB 1036: Provides for an urban water supplier to include certain energy-related information, including, but not limited to, and estimate of the amount of energy used to extract or divert water supplies.
• AB 2409: Requires urban water suppliers to analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains separately from swimming pools and spas.

1.3.2 New Requirements to the Water Code since the 2015 UWMPs The major new requirements to the CWC since 2015 UWMPs are summarized in Table 1-1.

Table 1.1 Applicable Changes to the Water Codes Since 2015 UWMPs Topic Summary
Five Consecutive Dry-Year
Water Reliability
Assessment
The Legislature modified the dry-year water reliability planning from a “multiyear” time period to a “drought lasting five consecutive water years” designation.

Drought Risk Assessment
The Drought Risk Assessment (DRA) requires a Supplier to assess water supply reliability over a five-year period from 2021 to 2025 that examines water supplies, water uses, and the resulting water supply reliability under a reasonable prediction for five consecutive dry years.

Seismic Risk Requires Suppliers to specifically address seismic risk to various water system facilities and to have a mitigation plan.

Water Shortage
Contingency Plan
Supplier must provide a standalone document that provides an action plan for a drought or catastrophic water supply shortage. The WSCP includes requirements that are more prescriptive than previous UWMPs.

Groundwater Supplies
Coordination
Water Code now requires Suppliers’ 2020 UWMPs to be consistent with Groundwater Sustainability Plans, in areas where those plans have been completed by Groundwater Sustainability Agencies.

Lay Description
Suppliers to include a lay description of the fundamental determinations of the UWMP, especially regarding water service reliability, challenges ahead, and strategies for managing reliability risks. This section of the UWMP could be viewed as a go-to synopsis for new staff, new governing members, customers, and the media, and it can ensure a consistent representation of the Supplier’s detailed analysis.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 1 INTRODUCTION AND LAY DESCRIPTION 1-4 | JANUARY 2022 | DRAFT FINAL

1.3.3 Water Conservation Act of 2009 (SB X7-7)
Beginning in 2016, retail water suppliers are required to comply with the Water Conservation Act of 2009 requirements in SB X7-7 in order to be eligible for State water grants or loans. Refer to Chapter 5 for detailed information on SB X7-7.

1.4 Report Organization
This UWMP contains ten chapters, followed by appendices that provide supporting documentation for the information presented in the report. The chapters are briefly described below:
• Chapter 1 – Introduction and Lay Description. This chapter presents a lay description and the purpose of this UWMP stressing the importance and extent of the water management planning efforts.
• Chapter 2 – Plan Preparation. This chapter provides information on the process for developing the UWMP as well as coordination efforts with appropriate local agencies and discusses the measures used to solicit public participation during the development of the UWMP.
• Chapter 3 – System Description. This chapter presents a description of the water purveyor's service area and its characteristics including climate, population, and other demographic factors.
• Chapter 4 – Customer Water Use. This chapter presents a description of the water purveyor's current and projected water uses within the service area in five-year increments. • Chapter 5 – Conservation Target Compliance. This chapter presents information on the water purveyor’s compliance with the 2020 per-capita water conservation mandate. Demonstrate that the 2020 target adopted in the 2015 UWMP was met in 2020. This chapter provides analyses and calculations associated with the water conservation target pursuant to SB X7-7. • Chapter 6 – System Supplies. This chapter presents a description of the water purveyor’s current and projected potable and non-potable water supply sources including information on the usage groundwater and an overview of usage of recycled water. This chapter includes information on the water purveyor’s future considerations of a recycled water system. • Chapter 7 – Water System Reliability. This chapter presents the reliability of the water purveyor’s water system. This includes a discussion on future water reliability. In addition, there is an analysis of supply availability in a normal, single dry year and in five consecutive dry years. This chapter also includes the DRA.
• Chapter 8 – Water Shortage Contingency Planning. This chapter includes an urban water shortage contingency analysis that includes stages of action to be undertaken in the event of water supply shortages; prohibitions consumption reduction methods and penalties; actions to be taken during a catastrophic interruption of service; and a mechanism for measuring water use reduction.
• Chapter 9 – Demand Management Measures. This chapter communicates the water purveyor’s efforts to promote conservation and to reduce demand. The chapter includes narratives on each DMM.
• Chapter 10 – Plan Adoption, Submittal, and Implementation. This chapter describes the steps taken to adopt, submit, and implement the UWMP and make it publicly available.

CH 2 PLAN PREPARATION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 2-1
Chapter 2

PLAN PREPARATION
This section includes specific information on how the UWMP was developed, including efforts in coordination and outreach.

2.1 Basis for Plan Preparation
CWC 10617 requires that urban water suppliers with 3,000 or more service connections or supplying 3,000 or more ac-ft of water per year prepare an UWMP every five years. 10617 “Urban water supplier” means a supplier, either publicly, or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems…

2.1.1 Public Water Systems
California Health and Safety Code 116275 (h)“Public Water System” means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.

To demonstrate the basis of reporting, the Public Water Systems services by the City are listed in Table 2.1. As listed in Table 2.1, the City of Porterville served 1 public water system with a total of 17,063 connections and supplied a total of 3,647 million gallon (MG) (11,192 acre-feet per year [AFY]) in year 2020.

Table 2.1 Retail Only: Public Water Systems
Public Water System
Number
Public Water System
Name
Number of Municipal
Connections 2020
Volume of Water
Supplied 2020
5410010 City of Porterville 17,063 3,647
Total 17,063 3,647

2.2 Individual Planning and Compilance
This UWMP reports solely on the City’s service area, as shown in Table 2.2. The City has notified and coordinated with appropriate regional agencies and constituents as identified in Table 2.5 CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 2 PLAN PREPARATION 2-2 | JANUARY 2022 | DRAFT FINAL
Table 2.2 Plan Identification
Select Only
One Type of Plan
Name of RUWMP or
Regional Alliance, if
applicable
 Individual UWMP
 Water Supplier is also a member of
RUWMP
 Water Supplier is also a member of a
Regional Alliance
 Regional Urban Water Management Plan (RUWMP)

2.3 Calendar Year and Units of Measure
CWC 1608.20 (a) (1)Urban retail water suppliers…may determine the targets on a fiscal year or calendar year basis.

The City is reporting on a calendar year basis and therefore, 2020 data includes the months of January to December 2020. Table 2.3 indicates the City type of reporting year, and the units of measure for reporting water volumes throughout the 2020 UWMP.

Table 2.3 Supplier Identification
Type of Supplier(select one or both)
 Supplier is a wholesaler
 Supplier is a retailer
Fiscal or Calendar Year (select one)
 UWMP tables are in calendar years
 UWMP tables are in fiscal years
Units of Measure Used in UWMP (select from drop down)
Unit MG

2.4 Coordination and Outreach
The UWMPA requires that the UWMP identify the water agency’s coordination with appropriate nearby agencies. The City coordinated its efforts with relevant agencies and parties to ensure that the data and issues discussed in the plan are presented accurately. These agencies are listed in Table 2.5.

2.4.1 Wholesale and Retail Coordination
Retail agencies that receive a water supply from one or more wholesalers are required to provide wholesalers with projected water demand from that source, in five-year increments for 20 years.

The City does not purchase or receive potable water from a wholesaler. Therefore, Table 2.4 is Not applicable.

CH 2 PLAN PREPARATION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 2-3
Table 2.4 Retail: Water Supplier Information Exchange
The retail Supplier has informed the following wholesale supplier(s) of projected water use in accordance with Water Code Section 10631.

Wholesale Water Supplier Name (Add additional rows as needed) Not Applicable

2.4.2 Coordination with Other Agencies and the Community 10620 (d)(2)Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. 10642.Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan…
The City solicited participation from other agencies, organizations, and the community for the preparation of the 2020 UWMP. Table 2.5 summarizes how the UWMP preparation was coordinated.

Table 2.5 Coordination with Appropriate Agencies
Coordinating
Agencies
Notified of UWMP
Update
Commented on the
Draft
Attended Public
Meetings
Was Contacted for
Assistance
Was Sent a Copy of
the Draft Plan
Was Sent a Notice of
Intention to Adopt
Not Involved
No Information
Porterville ID X X X
Terra Bella ID X X X
Saucelito ID X X X
Lower Tule ID X X X
Vandalia ID X X X
Porter Vista Public
Utilities District X X X
Tea Pot Dome ID X X X
Tulare County X X X
Tule River
Association X X X
Eastern Tule GSA X X X
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 2 PLAN PREPARATION 2-4 | JANUARY 2022 | DRAFT FINAL

2.4.3 Notice to Cities and Counties
CWC 10621 (b) requires that agencies notify cities and counties to which they serve water that the City’sUWMP is being updated and reviewed.
10621(b) Every urban water supplier required to prepare a plan pursuant to this part shall, at least 60 days before the public hearing on the plan required by Section 10642, notify a city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan.

The City of Porterville only provides water within their urban development boundary (UDB).

Even though the City does not provide water supply to other cities, counties, or districts, outside the water service area the City has provided formal written notification to the list of agencies in Table 2.5 that the City’sUWMP was being updated. In accordance with the UWMPA, this notification was provided at least 60 days prior to the public hearing of the plan. Electronic copies of the final UWMP will be provided to the parties notified no later than 30 days after its submission to DWR. Appendix D contains copies of outreach documents.

Notices were published informing interested parties that the draft 2020 UWMP was available for review. Pursuant to California Code Section 6066, a notification of the time and place of the public hearing was published in the local newspaper on February 1st, 2022 and February 8th, 2022.

A notice was also posted on City’s website. Copies of these notifications are included in Appendix D.

The Final Draft 2020 UWMP was presented to the Porterville City Council as a discussion item on February 15th, 2022 for a public hearing followed by adoption by resolution. This hearing provided an opportunity for the City’s customers, residents, and employees to learn and ask questions about the current and future water supply of Porterville. A copy of the associated documentation is included in Appendix B.

CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 3-1
Chapter 3

SYSTEM DESCRIPTION
The UWMPA requires that the UWMP include a thorough description of the water system, service area, and various aspects of the area served including climate, population, and other demographic factors.
10631. (a) Describe the service area of the supplier, including current and projected population, climate, and other demographic factors affecting the supplier's water management planning.

The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available.

3.1 General Description
The City of Porterville is located in central California on the east side of the San Joaquin Valley.

The City is adjacent to the Sequoia National Forest and the Sierra Nevada Foothills in Tulare County. Porterville is approximately 70 miles southeast of the City of Fresno and 50 miles north of the City of Bakersfield. Figure 3-1 depicts the City of Porterville’s Regional Location Map. The City is bisected by the Tule River which is sourced by precipitation from the Sierra Nevada Mountains. Operation of the Tule River is regulated by the U.S. Army Corps of Engineers Success Dam located approximately five miles east of the City. During wet years, floodwaters are controlled by Success Dam. The Central Valley Project’s (CVP) Friant Kern Canal conveyance facility passes the City on its western boundary. This canal is sourced from the San Joaquin River Watershed and is managed by the Friant Water Authority. The City does not receive surface water from the Canal. The City limits encompass the Porterville Municipal Airport, the Sports Complex, and various agricultural land for treated wastewater management to the southwest of the City proper. The city uses recycled water as a means of treated wastewater effluent disposal for unrestricted agricultural irrigation to select parcels near the airport, see section 6.6 in Chapter 6. This area is also served by the City water system. Additionally, the Porterville Developmental Center or also known as the State Hospital directly east of the City is included in the City limits, however, receives its water supply from on-site wells. The Developmental Center receives sewer service from the City.

The City is a part of the Eastern Tule Groundwater Sustainability Agency (GSA) which also includes, Porterville Irrigation District, Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and Tulare County.

East Porterville is an unincorporated section of the City that historically has only partly been serviced by the City’s public water distributions system. Recent drought conditions have led to an emergency water shortage for East Porterville residents resulting in reduced groundwater elevation causing wells to run dry. The City and DWR have implemented a program to connect parts of East Porterville residents to the City’s water distribution system over the span of a few years. The City began this program in 2016 and connected approximately 725 connections CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-2 | JANUARY 2022 | DRAFT FINAL
between 2016 and 2020.East Porterville is currently within the City’s 2030 General Plan UDB and Sanitary Sewer Service is still managed by the Porter Vista Public Utilities District, but is treated at the City’s waste water treatment facility.

3.1.1 Description of Transmission, Treatment, and Distribution Facilities The City of Porterville drinking water supply is solely from groundwater wells. As mentioned, the City does not receive any surface water from the Tule River or the Friant Kern Canal. The City does not participate in any surface drinking water exchanges with the local water agencies included in the Eastern Tule GSA. The City’s groundwater supply is extracted using 36 active wells scattered throughout the water service area that pump directly into the water distribution system, however a few of these wells are on standby for high demands. Extracted groundwater is chlorinated at the wellheads to provide disinfectant residual in the distribution system. In total, Porterville’s water service area encompasses 11,904 acres, or approximately 18.6 square miles.

The City has approximately 276 miles of water distribution pipeline ranging from sizes 4- to 16-inches in diameter. Figure 3.2 shows the City’s water service area, wells, and water transmission main layout.

3.2 Service Area Climate
10631(a). A plan shall… Describe the service area of the supplier, including … climate… 10630.It is the intention of the Legislature, in enacting this part, to permit levels of water management planning… while accounting for impacts of climate change.

The City’s service area climate is a semi-arid, Mediterranean environment with cold winters, warm summers, and moderate rainfall. The City experiences generally dry weather conditions throughout the year with rain occurring through the months of November through April. Average monthly evapotranspiration (ETo) rates, rainfall, and temperature are summarized in Table 3.1.

Table 3.1 Climate Characteristics
Month Standard Monthly
Avg.ETo(1) (in)
Monthly Avg.

Rainfall(2) (in)
Min Monthly Avg.

Temp(2) (°F)
Max Monthly Avg.

Temp(2) (°F)
January 1.24 2.21 35.50 56.90
February 1.96 2.06 38.40 63.80
March 3.41 1.94 41.10 69.50
April 5.10 1.14 44.90 76.70
May 6.82 0.44 50.40 85.10
June 7.80 0.11 56.10 93.00
July 8.06 0.01 61.40 99.10
August 7.13 0.02 59.50 97.30
September 5.40 0.18 54.80 91.50
October 3.72 0.55 47.10 80.70
November 1.80 1.18 38.90 67.50
December 0.93 1.79 35.20 57.50
Annual 53.37 11.63 46.94 78.22
Notes:
(1) California Irrigation Management Information System (CIMIS) Station 169 Porterville. Represents Monthly average ETo from August 2000 to February 2019, Zone 12.
(2) Source: Western Regional Climate Center Lindsay (044957). Represents monthly average from December 1913 to June 2016.
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AVENUE 144
AVENUE 160

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ROAD 220

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W HENDERSON AVE E HENDERSON AVE

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N WESTWOOD ST

W CASTLE AVE
ROAD 192

N PLANO ST

E MORTON AVE

W GRAND AVE

W BELLEVIEW AVE

W GIBBONS AVE

W OR ANGE AVE
AVENUE 124

LINDA VISTA AVE

POPLAR RD

W ROBY AVE

E GRAND AVE
ROAD 190

S NI DIANA ST

W TEAPOT DOME AVE

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S V LI LA ST

W SPRINGVILLE AVE
ROAD 284

W MULBERRY AVE
N

CIRCLE DR

E OAK AVE

S NEWCOMB ST

N PROSPECT ST
N 3RD ST

N IND AI NA ST

N NEWCOMB ST

JOHNS DR
AVENUE 146

W TOMAH AVE
S E ST
N 4TH ST
AVENUE 138

W SCRANTON AVE
ROAD 232
AVENUE 152

E CRABTREE AVE
AVENUE 128
S B ST
ROAD 252

S H LI LCREST ST

E RIVER AVE

WEST ST
ROAD 191

N LOTAS ST

N NEWCO
MB
N PO

RTER RD
AVENUE 150

ORANGE BELT DR
AVENUE 140
43 ROAD 208
ROAD 276
AVENUE 120
AVENUE 178
AVE NUE 175
45 ROAD 248
ROAD 244
ROAD 216
ROAD 204
ROAD 200
ROAD 265
AVENUE 176

JARRARD AVE
AVENUE 180
ROAD 196
ROAD 268
AVENUE 182

S LEGGETT ST

HOLCOMB ST
AVENUE 136

E REID AVE
AVENUE 132

LYNCH DR
ROAD 212
AVENUE 148

LOS ROBLES AVE
ROAD 202
ROAD 206
AVENUE 168
ROAD 224

RESERVATION RD
RQ65
RQ65
RQ901
RQ901
Friank Kern Canal
Tule River
Poplar Ditch
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Data Sources: City of Porterville, DWR,
ESRI
O
0 0.5 1
Miles
Last Revised: June 18, 2021 Carollo\Documents\Client\CA\Porterville\10656A00\Data\Porterville_Fig_3-1.mxd CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE Figure 3.1 Porterville Regional Location Map
Legend
City Limits
East Porterville Boundary
UDB
Tule River
! ! Friant Kern Canal
Poplar Ditch
Major Highways
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-4 | JANUARY 2022 | DRAFT FINAL
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Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Data Sources: City of Porterville, ESRI
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0 0.5 1
Miles
Last Revised: June 22, 2021 Carollo\Documents\Client\CA\Porterville\10656A00\Data\GIS\Porterville_Fig3-2.mxd CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE Figure 3.2 Porterville Water Distribution System
Legend
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City Limits
Major Highways
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Central
Corona Heights
East
Jasmine/Crestview
Rocky Hill
Scenic Heights
West
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-6 | JANUARY 2022 | DRAFT FINAL
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CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 3-7
As shown in Table 3.1, the City’s service area's average monthly temperature ranges from about 47 to 78°F. Total annual values of ETo and precipitation are 53.37 inches and 11.62 inches, respectively. Records show that the average monthly precipitation ranges from 0 to 2 inches with most of the precipitation typically occurring from November through April.

3.3 Climate Change
Climate change in California has the potential to increase temperature, reduce snowfall and extend periods of severe drought. Porterville is located in the Tulare Lake Hydrologic Region which encompasses roughly 17,000 square miles in the southern San Joaquin Valley. In this region, the following climate effects are likely expected in the future:
• Crops affected by reduced winter chill hours, increasing extreme heat days, and increasing evapotranspiration therefore requiring more irrigation. • Loss of snowpack reduces reliability of surface water and replenishment of local supplies, resulting in greater demand for groundwater.
• Higher likelihood of extreme wet and dry years.
• Increased frequency of flooding in low-lying areas.
• Average annual maximum temperatures likely to increase 5 to 9 degrees F by the year 2100.

These climate change affects all have potential to impact the water supply of the City. The groundwater aquifers in the Central Valley are generally recharged through a combination of precipitation through rainfall and percolation through the various rivers and canals sourced from the Sierra snow melt. With a decrease in groundwater recharge and increase in average temperatures and overall demand, a perfect storm of low supply and increased use limits the availability of groundwater for all users in the Valley.

The City of Porterville is completely reliant upon groundwater for its drinking water supply. The City is surrounded by agricultural land varying in citrus, vegetable, nut, and grain crops which receive water from either an irrigation district supplied from the Friant-Kern Canal or a private agricultural well. Groundwater levels have dropped significantly over the last drought period as outlined in the Eastern Tule Groundwater Sustainability Plan (ETGSP). With a significant reduction in surface water allocations most farmers and surrounding communities were left with no choice but to utilize the groundwater supply for agricultural use.

Drought conditions initially cause increase in demand with increase temperatures and reduced precipitation. The diurnal pattern of demand over an average year peaks in the hotter months for landscape irrigation, recreation, and agricultural uses. Over-pumping leaves the City’s groundwater supply and pumping effectiveness quite vulnerable to significant reductions in groundwater elevations from a rise in demands. The City does not have an alternative supply of water therefore drastic reduction in groundwater elevation creates an extremely vulnerable condition which puts the City at risk. Effects of drought have already occurred nearby to the community of East Porterville which experienced emergency water shortage issues during the last major drought event between 2013 and 2017 and required State intervention. The overall hydrologic dynamic of the City and surrounding area’s drinking water supply are exposed to the effects and changing conditions set upon by climate change.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION The following chapters will present a more detailed approach on the City’s efforts to develop a more reliable and diverse source of water and to address excessive groundwater pumping to eliminate over drafting conditions in the future:
• Chapter 4: Customer Water Use
• Chapter 5: Conservation Target Compliance
• Chapter 6: Water Supply Characterization

3.4 Service Area Population and Demographics
10631(a). Describe the service area of the supplier, including current and projected population …The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available.

This section summarizes historical, current, and projected population trends in the Porterville.

Population projections are essential to theplanning process and form the basis for most planning decisions, yet projecting future growth is far from an exact science given thecomplex set of variables that can affect the rate of growth. Typically, projections are developed by taking past patterns and combining them with assumptions to obtain an estimate of future growth rates. These projections serve to provide the City insight on the type and quantity of future growth as well as guidance regarding futureplanning activities; therefore, such planning activities can only be as effective as the ability to anticipate population growth. The general Porterville water service population consists mainly of full-time residents and has a very small transient population that commute into the City service area for work or travel.

3.4.1 Service Area Population
The water service population from 2001 to 2010 was taken from theCity’s 2015UWMP. At the time, the growth rate was calculated at approximately 2.5 percent. Historical population growth rates have been approximately 2.2 percent on average which is shown in Figure 3-3. The water service populations for the 2020 UWMPwas calculated using an acceptable modification of the DWR population. The DWR population tool resulted in an abnormally high persons per connection of 4.98. To reflect current population growth, the 2010 persons per connection of

4.39 was used as an acceptable modification per thepopulation tool guidelines. The resulting water service population, shown in Figure 3.3, is estimated at 74,907. The Population Toolresults are included in Appendix K. Table 3.2 shows the current and projected water service population for the City.
3-8 | JANUARY 2022 | DRAFT FINAL
CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 3-9
Figure 3-3 Historical and Projected Water Service Population Table 3.2 Retail: Population – Current and Projected
2020 2025 2030 2035 2040
Population Served 74,907 87,901 99,452 112,521 127,307
Notes:
(1) Growth rate set at 2.5 percent, consistent with City’s 2020 IMP.

3.4.2 Other Social, Economic, and Demographic Factors
10631. Describe the service area of the supplier, including… other social, economic and demographic factors affecting the supplier’s water management planning.

Porterville is located in a rural area that depends on an independent water management strategy that solely services the City. DWR defines disadvantage communities (DAC) as regions whose annual median household income (MHI) is less than 80 percent of the Statewide annual MHI. The City of Porterville is mostly within the California’s DAC boundary as shown in Figure 3-4. Most of the City’s water service population identifies to be within a DAC. The current Statewide MHI is $71,228 and per 2019 census data, the median household income for Porterville residents is $43,823.

Implemented in 2020 as a result of the COVID-19 pandemic, California legislation was passed that requires the City to provide a payment plan for outstanding utility bill balances since the deferral of water shutoff as a result of non-payment was not allowed during the pandemic.

Otherwise, the City does not provide utility bill payment assistance. 74,907
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
1990 2000 2010 2020 2030 2040 2050
Water Service Population
Year
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-10 | JANUARY 2022 | DRAFT FINAL
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AVENUE 162

W PUTNAM AVE

MENTZ AVE
AVENUE 144
AVENUE 160

E TEAPOT DOME AVE
N H ST
ROAD 220

S PLANO ST

W MORTON AVE

S JAYE ST

W HENDERSON AVE E HENDERSON AVE

W WESTFIELD AVE

N WESTWOOD ST

W CASTLE AVE
ROAD 192

N PLANO ST

E MORTON AVE

W GRAND AVE

W BELLEVIEW AVE

W GIBBONS AVE

W OR ANGE AVE
AVENUE 124

LINDA VISTA AVE

POPLAR RD

W ROBY AVE

E GRAND AVE
ROAD 190

S NI DIANA ST

W TEAPOT DOME AVE

E WORTH AVE

S V LI LA ST

W SPRINGVILLE AVE
ROAD 284

W MULBERRY AVE
N

CIRCLE DR

E OAK AVE

S NEWCOMB ST

N PROSPECT ST
N 3RD ST

N IND AI NA ST

N NEWCOMB ST

JOHNS DR
AVENUE 146

W TOMAH AVE
S E ST
N 4TH ST
AVENUE 138

W SCRANTON AVE
ROAD 232
AVENUE 152

E CRABTREE AVE
AVENUE 128
S B ST
ROAD 252

S H LI LCREST ST

E RIVER AVE

WEST ST
ROAD 191

N LOTAS ST

N NEWCO
MB
N PO

RTER RD
AVENUE 150

ORANGE BELT DR
AVENUE 140
43 ROAD 208
ROAD 276
AVENUE 120
AVENUE 178
AVE NUE 175
45 ROAD 248
ROAD 244
ROAD 216
ROAD 204
ROAD 200
ROAD 265
AVENUE 176

JARRARD AVE
AVENUE 180
ROAD 196
ROAD 268
AVENUE 182

S LEGGETT ST

HOLCOMB ST
AVENUE 136

E REID AVE
AVENUE 132

LYNCH DR
ROAD 212
AVENUE 148

LOS ROBLES AVE
ROAD 202
ROAD 206
AVENUE 168
ROAD 224

RESERVATION RD
RQ65
RQ65
RQ901
RQ901
Friank Kern Canal
Tule River
Poplar Ditch
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Data Sources: City of Porterville, DWR,
ESRI
O
0 0.5 1
Miles
Last Revised: June 21, 2021 Carollo\Documents\Client\CA\Porterville\10656A00\Data\Porterville_Fig_3-4.mxd CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE Figure 3.4 Disadvantaged Communties
Legend
City Limits
East Porterville Boundary
UDB
Tule River
! ! Friant Kern Canal
Poplar Ditch
Major Highways
Severely Disadvantaged
Community (MHI < $42,737)
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-12 | JANUARY 2022 | DRAFT FINAL
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CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 3-13

3.5 Land Uses within Service Area
10631(a). The description shall include the current and projected land uses within the existing or anticipated service area affecting the supplier’s water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities…
The City of Porterville Urban Development Boundary (UDB) is defined in its 2030 General Plan which has a total area of approximately 17,183 acres. The City service area falls within the City limits and few areas outside of the limits, such as the East Porterville area, which is still within the UDB. The UDB extends from Lake Success to the Friant Kern Canal as its western border and from Avenue 182 to the airport as its north and south limits. Land use information presented in this UWMP is based on the City’s 2030 General Plan.

3.5.1 Land Use and Existing Service Area
Figure 3.5 shows the City’s existing land use map. Table 3.3 provides a summary, by land use, of the amount of developed and underdeveloped land within the existing service area.

As shown in Table 3.3, there are approximately 6,482 acres of developed and underdeveloped land within the service area (excluding right-of –ways such as streets, highways, and railroads).

Within the service area, 3,782 acres (58 percent) are classified as residential, 608 acres (9 percent) are classified as commercial, and 399 acres (6 percent) are associated with Industrial.

The remaining mixed use and others make up the remaining 1,692 acres (26 percent). The East Porterville land use area shown in Figure 3.3 is generally single family residential with a few commercial and public intuitional classified parcels throughout. This area comprises of approximately 1,704 total acres.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-14 | JANUARY 2022 | DRAFT FINAL
Table 3.3 Water Service Area Land Use(1)(2)
Land Use Category Developed Underdeveloped Total
Residential
Rural Residential 13 11 24
Very Low Density Residential 63 5 68
Low Density Residential 2,550 286 2,836
Low Medium Density Residential 33 61 94
Medium Density Residential 431 108 539
High Density Residential 198 23 221
Commercial
Neighborhood Commercial 14 9 23
Retail Centers 183 30 214
Professional Office 77 7 84
General and Service Commercial 211 15 226
Downtown Retail 62 62
Industrial
Industrial 223 20 243
Industrial Park 63 92 156
Mixed Use
Commercial Mixed Use 62 2 63
Downtown Mixed Use 45 8 53
Other
Public Institutional (Excl. Airport) 380 11 391
Education 367 19 386
Parks and Recreation 238 22 260
Agriculture Rural Conservation 26 0 26
Other (Unknown) 63 3 66
Airport 447 0 447
East Porterville - - 1,704
Total 5,751 731 8,186
N otes:
(1) Land use areas based on an aerial analysis of the City’s current service area. (2) The land use totals in this table exclude the area associated with East Porterville/Porter Vista PUD ! ! !
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AVENUE 162

W PUTNAM AVE

MENTZ AVE
AVENUE 144

E TEAPOT DOME AVE
N H ST
ROAD 220

S PLANO ST

W MORTON AVE

S JAYE ST

W HENDERSON AVE E HENDERSON AVE

W WESTFIELD AVE

N WESTWOOD ST

W CASTLE AVE

N PLANO ST

E MORTON AVE

W GRAND AVE

W BELLEVIEW AVE

W GIBBONS AVE

W OR ANGE AVE
AVENUE 124

LINDA VISTA AVE

POPLAR RD

W ROBY AVE

E GRAND AVE

S NI D AI NA ST

W TEAPOT DOME AVE

E WORTH AVE

S VILLA ST

W SPRINGVILLE AVE
ROAD 284

W MULBERRY AVE
N

CIRCLE DR

E OAK AVE

S NEWCOMB ST

N PROSPECT ST
N 3RD ST

N INDIANA ST

N NEWCOMB ST

JOHNS DR
AVENUE 146

W TOMAH AVE
S E ST
N 4TH ST
AVENUE 138

W SCRANTON AVE
ROAD 232
AVENUE 152

E CRABTREE AVE
AVENUE 128
S B ST
ROAD 252

S H LI LCREST ST

E RIVER AVE

WEST ST

N LOTAS ST

N NEWCO
MB
N PO
RTER
RD
AVENUE 150

ORANGE BELT DR
AVENUE 140
43 ROAD 208
ROAD 276
AVENUE 120
AVENUE 178
AVE NUE 175
45 ROAD 248
ROAD 244
ROAD 216
ROAD 204
ROAD 200
ROAD 265
AVENUE 176

JARRARD AVE
AVENUE 180
ROAD 196
ROAD 268
AVENUE 182

S LEGGETT ST

HOLCOMB ST
AVENUE 136

E REID AVE
AVENUE 132

LYNCH DR
ROAD 212
AVENUE 148

LOS ROBLES AVE
ROAD 202
ROAD 206
AVENUE 168
ROAD 224

RESERVATION RD
RQ65
RQ65
RQ901
RQ901
Friank Kern Canal
Tule River
Poplar Ditch
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.

Engineering and/or survey accuracy
is not implied.

Data Sources: City of Porterville, ESRI
O
0 0.5 1
Miles
Last Revised: June 18, 2021 Carollo\Documents\Client\CA\Porterville\10656A00\Data\Porterville_Fig_3-5.mxd CH 3 SYSTEM DESCRIPTION | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE Figure 3.5 General Plan Land Use
Legend
City Limits
East Porterville Boundary
UDB
Tule River
! ! Friant Kern Canal
Poplar Ditch
Major Highways
General Plan Land Use
Agriculture Rural Conservation
Commercial
Industrial
Single Family Residential
Multi Family Residential
Mixed Use
Public Institutional
Parks and Open Space
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 3 SYSTEM DESCRIPTION 3-16 | JANUARY 2022 | DRAFT FINAL
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CH 4 CUSTOMER WATER USE| 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 4-1
Chapter 4

CUSTOMER WATER USE
The UWMPA requires that the UWMP identify the quantity of water supplied to the agency’s customers including a breakdown by user classification. This section describes the water system demands and water demand projections.

4.1 Non-Potable Versus Potable Water Use
This chapter covers potable and raw water demand. Recycled water is addressed comprehensively in Chapter 6.4.

4.2 Past, Current, and Projected Water Use By Sector
10631(d). (1) For an urban retail water supplier, quantify, to the extent records are available, past, and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following… (2). The water use projections shall be in the same five-year increments described in subdivision (a).
(4)(A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. (B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: (i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.

Water demands served by the City are primarily residential (includes SFR and MFR), commercial, industrial, and institutional (CII), and landscape irrigation. Of the City’s 17,063 connections, 16,814 of them are metered. The City classifies meters (2020) into the following categories:
• Single Family Residential.
• Multi-Family Residential.
• Commercial/Institutional.
• Industrial.
• Landscape Irrigation.
• Other.
• Agricultural Irrigation.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN | CH 4 CUSTOMER WATER USE Ͱ‐ͮ | JANUARY 2022 | DRAFT FINAL
The actual demands for potable and non‐potable water are presented in Table Ͱ.ͭ for the ͮͬͮͬ calendar year. Conservation efforts between ͮͬͭͱ and ͮͬͮͬ indicate that the City is using less water than originally anticipated in the ͮͬͭͱ UWMP. The ͮͬͮͬ projections in the ͮͬͭͱ UWMP, show an anticipated potable water demand of Ͱ,ʹͱͳ MG. The ͮͬͮͬ actual use, shown in Table Ͱ.ͭ, is ͭ,ͮͭͬ MG (ͯ,ͳͭͯ AF) or ͮͱ percent less than the ͮͬͮͬ projected demand. The combination of continued below average and inconsistent precipitation, general water conservation mindset, and metering has decreased typical potable water consumption to approximately ͭͯͬ gallons per capita per day (gpcd). Moving forward, the City’s per capita water usage is expected to increase with population growth and favorable hydrologic conditions. The City utilizes the ͭͳ͵ gpcd as a conservative approach for planning purposes in their water, sewer, storm drain integrated master plan (IMP) and other studies.

Table Ͱ.ͭ Retail: Demands for Potable and Non‐Potable Water – Actual Use Type
ͮͬͮͬ Actual
Additional
Description
Level of Treatment
When Delivered Volume
Single Family Residential Drinking Water ͮ,ͬͮͱ
Multi‐Family Residential Drinking Water ͯ͵ͬ
Commercial and Institutional Drinking Water ͰͰʹ
Industrial Drinking Water ͭͬ
Landscape Drinking Water ͮͮͯ
Losses Drinking Water Ͱͬͯ
Other Drinking Water ͭͰʹ
Agricultural Irrigation Drinking Water ͬ
Total ͯ,ͲͰͳ
Table Ͱ.ͮ contains the projected potable water demands from ͮͬͮͱ through ͮͬͰͬ. The demand projections are based on the growth projections from the City’s IMP. From the IMP, it was determined the methodology for future water demand projections includes a combination of projection population, per capita demand rates, water demand factors (by land use), and land use designations. The future demands, the baseline per capita demand, was applied to the projected population to estimate infill and new development. Additionally, for undeveloped land, the future demands were calculated by applying water demand factors to the designated land use acreage within the UDB. Table Ͱ.ͮ are only general estimates of projected use and may vary significantly based on future development and water conservation measures taken by each customer sector.

CH 4 CUSTOMER WATER USE| 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 4-3
Table 4.2 Retail: Use for Potable and Non-Potable Water – Projected Use Type Additional
Description
Projected Water Use Report to the Extent that Records
are Available
2025 2030 2035 2040
Single Family Residential 3,182 3,607 4,074 4,621
Multi-Family Residential 612 694 784 889
Commercial and Institutional 704 798 901 1,022
Industrial 16 18 20 23
Landscape 351 398 449 509
Losses 232 263 297 337
Other 634 719 811 920
Agricultural Irrigation 0 0 0 0
Total 5,731 6,497 7,337 8,322
The City’s total water demands for potable and recycled water are based on the figures presented in Table 4.1, Table 4.2, and Table 6.4. These demands are summarized in Table 4.3. As discussed in chapter 3, currently, the City uses recycled water as a means of treated wastewater effluent disposal for restricted agricultural irrigation. Within the next five years, the City plans to provide recycled water for unrestricted agricultural irrigation to nearby irrigation districts for beneficial use as described in Chapter 6.

Table 4.3 Retail: Total Gross Water Use (Potable and Non-Potable) Year 2020 2025 2030 2035 2040
Potable Water, Raw, Other Non-Potable 3,647 5,731 6,497 7,337 8,322 Recycled Water Demand 1,556 2,230 2,522 2,854 3,227
Optional Deduction of Recycled Water
Into Long-Term Storage 1,556 2,230 2,522 2,854 3,227
Total Water Use 3,647 5,731 6,497 7,337 8,322

4.3 Distribution System Water Losses
10631(e)(1) Quantify, to the extent records are available, past,and current water use, over the same five-year increments described in subdivision (a), and projected water use, identifying the uses among water use sectors, including, but not necessarily limited to, all of the following uses:
(J) Distribution system water loss
10631(d)(3)(A) The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34 Distribution system water losses ("real" losses) are the physical water losses from the water distribution system and the supplier's storage facilities, up to the point of customer consumption. The City distribution system losses are quantified using the American Water Works Association (AWWA) Method Guidance "Water Resources Water Audit Manual." The distribution system water loss for the most recent 12-month period available (2020 calendar year) is reported in Table 4.4.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 4 CUSTOMER WATER USE Table 4.4 Retail: 12 Month Water Loss Audit Reporting
Reporting Period Year Volume of Water Loss(1) (MG) Volume of Water Loss (AF) 01/2016 310 952
01/2017 353 1083
01/2018 405 1242
01/2019 366 1124
01/2020 337 1035.5
Notes:
(1) Taken from the field “Water Losses” (a combination of apparent losses and real losses) from the AWWA worksheet.

As shown in Table 4.4 and reported in the AWWA water audit (Appendix E), the City had approximately 1,035.5 AFY of water loss in their latest 2020 report. The system losses for the five preceding years were:
• 2016 – 951.8 AFY of water loss.
• 2017 – 1082.5 AFY of water loss.
• 2018 – 1242.2 AFY of water loss.
• 2019 – 1123.8 AFY of water loss.
• 2020 – 1035.5 AFY of water loss.

The average total Water loss between 2016 and 2020 is approximately 1004 AF or 327 MG.

4.4 Estimating Future Water Savings
"Passive" savings are water savings from codes, standards, ordinances, or transportation and land use plans. As shown in Table 4.5, future water savings are not included in the total water use projections (Table 4.2) and lower income household demand projections are included in the total water use projections (Table 4.2 and Table 4.3).

Table 4.5 Retail Only: Inclusion in Water Use Projections Are Future Water Savings Included in
Projections? No
If "Yes" to above, state the section or page
number, in the cell to the right, where citations of
the codes, ordinances, etc.utilized in demand
projections are found.

Are Lower Income Residential Demands Included
In Projections? Yes

4.5 Water Use for Lower Income Households
The UWMPA requires that theUWMP identify planned low-income housing developments within theagency’s service area and develop demand projections for those units. A lower income household is defined as one with an income below 80 percent of area MHI, adjusted for family size.
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10631.1(a). The water use projections required by Section 10631 shall include projected water use for single-family and multifamily residential housing needed for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as identified in the housing element of any city, county, or city and county in the service area of the supplier.

The 2015 UWMP calculated water use for low-income housing based on the City’s 2015 Housing Element report referenced in the 2030 General Plan. The low-income forecasted demands were based on a usage of 3.39 persons per occupied household. Since then, 2020 Census data report that the City of Porterville has a 27.5-percent of person to be in poverty. DWR Drought and Water Shortage Risk for self-supplied communities identify Porterville to have a 28.4 percent of persons in the area living at or below federal poverty standards. Using the IMP planning level per capita demand and the 2020 SB7x7 Target demand of 179 gpcd, the total estimated 2025 to 2040 projected water use for lower income households is shown in Table 4.6. Percent of persons in poverty were averaged from historical data from Tulare County Census data.

Table 4.6 Retail Only: Inclusion in Water Use Projections Year 2025 2030 2035 2040
Projected Low-Income WaterUsage 1,395 1,578 1,785 2,020 Units (MG)

4.6 Climate Change Considerations
Recent affects in climate change have drastically altered the water consumption standards and behaviors of the entire state of California. The Central San Joaquin Valley in particular has been significantly affected by the most recent California drought and continues to face abnormally warm seasons, severe weather changes, reduced snowpack, and less frequent rainfall events.

Coupled with population growth, the increased demand and decrease supply poses a problem that can potentially impact a City’s growth and increase infrastructure vulnerabilities and risks.

As stated in Section 3.3, Groundwater levels have dropped significantly over the last drought period as outlined in the ETGSP. With a significant reduction in surface water allocations most farmers and surrounding communities were left with no choice but to utilize the groundwater supply for agricultural use. The City has been successful at facing the adversity of climate change by reducing potable water consumption and adaptation strategies (water supply diversification), actively participating in groundwater recharge efforts through treated wastewater effluent management, surface water allocations, and investigating the feasibility of diversifying and expanding their drinking water supply.

Since approximately 2008,the City’s per capita demand has gradually decreased with significant reductions beginning in 2013.Demands in 2013 peaked at 179 gpcd and have reduced to 130 gpcd on average in 2015 and have remained consistent through 2020.The City of Porterville’s 2015 UWMP shows a projected total gross water use in 2020 to be 4,857 MG in Table 4.2. The City’s 2030 general plan aims to reduce the groundwater pumping to match the safe yield of the groundwater basin. Similarly, as part of the Eastern Tule GSA, the City plans to reduce groundwater usage by diversifying their supply portfolio as well as implement additional groundwater recharge in the future. Table 4.3 in this 2020 UWMP shows a total gross water use potable water use to be 3,647 MG, which is a net change of 1,210 MG when compared to the Projected 2020 gross water use of 4,857 MG. The projected total gross water use in comparison to the 2015 UWMP was adjusted based on the 2020 actual value. The significant drop in total CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 4 CUSTOMER WATER USE 4-6 | JANUARY 2022 | DRAFT FINAL
gross projections takes into consideration that the standard practice of domestic water consumption and the implementation of conservation efforts set by the City. Water use reduction efforts throughout the city has promoted a conservation culture which in turn has decreased total usage over time. Available rebates for high efficiency plumbing, installation of water meters on new and existing services, water waste audits, landscape rebates and selection, and a more conscientious effort by citizens has proved to reduce total usage and ultimately decrease projections over the next 20 years.

Climate change has already impacted various communities nearby and the City of Porterville itself. Porterville has taken many steps in preparation to progress forward in reducing current and future climate change impacts to their water system through conservation strategies and by having the foresight to augment their water supply portfolio. The City continues to investigate means to reduce water consumption and loss, improve infrastructure, and create the ability to both augment and diversify their existing water supply.

CH 5 CONSERVATION TARGET COMPLIANCE | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 5-1
Chapter 5

CONSERVATION TARGET COMPLIANCE
The UWMPA requires that the UWMP identify the baseline water demand, urban water use target, and interim urban water use target for the City. In the 2015 UWMP these water use targets were determined per the DWR Methodologies. The daily per capita water use, expressed in gpcd, is the total water use within the service area divided by the population. These targets are necessary to judge compliance with the 2020 use reductions set forth in the Water Conservation Bill of 2009 (SB X7-7).

The purpose of this section in the 2020 UWMP is to determine whether the City has met the 20 percent conservation mandate. All SB X7-7 forms are included in Appendix F.

5.1 2015 UWMP Baseline and Targets
A supplier may update the baseline and target water use if there were changes to their distribution area. Porterville’s distribution area has not changed since 2015. Therefore, the baseline and target gpcd values from the 2015 UWMP are utilized in this UWMP to determine compliance with the 2020 target. In the 2015 UWMP, a 10-year baseline and a 5-year baseline were calculated to establish the minimum criteria for the Porterville’s water use reduction targets. The 2015 UWMP identifies that the 10-year baseline range (2001 to 2010), and 5-year baseline range (2003 to 2007) are 195 and 199 gpcd, respectively. These tables are included in Table 5 of the SB X7-7 Verification Forms of the 2015 UWMP (Appendix C).The City’s water use target for 2020 is 179 gpcd, see section 5.1.5.3.

5.2 Service Area Population
10608.20. (e) An urban retail water supplier shall include in its urban water management plan due in 2010… the baseline per capita water use,…along with the bases for determining those estimates, including references to supporting data.
(f) When calculating per capita values for the purposes ofthis chapter, an urban retail water supplier shall determine population using federal, state, and local population reports and projections.
10644. (a)(2) The plan… shall include any standardized forms, tables or displays specified by the department.

The 2020 service area population was provided by the DWR Population Tool. This population is shown in table 3-1 and was used to calculate the 2020 target per capita demand. The population in the 2015 UWMP to develop the baseline target was determined using the DWR Population tool as shown in Table 2 of the SB X7-7 Verification Forms. The 2020 service area population is reported in Table 3 of the SB X7-7 Verification Forms.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN | CH 5 CONSERVATION TARGET COMPLIANCE ͱ‐ͮ | JANUARY 2022 | DRAFT FINAL

5.3 Gross Water Use
ͭͬͲͬʹ.ͭͮ (g) "Gross Water Use" means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following:
(ͭ) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier
(ͮ) The net volume of water that the urban retail water supplier places into long term storage
(ͯ) The volume of water the urban retail water supplier conveys for use by another urban water supplier
(Ͱ) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section ͭͬͲͬʹ.ͮͰ.
“Gross Water Use” is the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier with certain acceptable exclusions. Gross water use is reported for each year in the baseline periods as well as ͮͬͮͬ, the compliance year, in Table Ͱ of the SB Xͳ‐ͳ Verification Forms (Appendix F). The annual gross water values are the "total water into the system" reporting in the City’s Public Water System Statistics reports. This reflects the volume of water entering the system. These values do not account for losses in the distribution system.

5.4 Baseline Daily Per Capita Water Use
The baseline daily per capita water use in each of the baseline years is calculated in Table ͱ of the SB Xͳ‐ͳ Verification Form included in the ͮͬͭͱ UWMP (Appendix C) by dividing annual gross water use by annual service area population.

5.5 Baselines and Targets Summary
The Water Conservation Act of ͮͬͬ͵ (SB Xͳ‐ͳ) governs water conservation in California and requires water suppliers to increase water efficiency by decreasing per‐capita consumption by a State mandated ͮͬ percent by the year ͮͬͮͬ.

As mentioned above a supplier may update the baseline and target water use if there were changes to their distribution area. Since there has been no change in water service area, the baseline and target gpcd values from the ͮͬͭͱ UWMP are utilized in this UWMP to determine compliance with the ͮͬͮͬ target.

Using the ͭͬ‐year baseline, the City’s water use target for ͮͬͮͬ must be ͮͬ percent less than the baseline volume, resulting in ͭͱͲ gpcd and a ͮͬͭͱ interim water use target of ͭʹͳ gpcd to measure progress. Based on the ͮͬͭͱ UWMP, the gross water usage was ͭͯͬ gpcd, which was below the interim water use target. Furthermore, Section ͱ.ͱ.ͭ discusses the methodology in calculating the actual ͮͬͮͬ water use target.

Table ͱ.ͭ Baselines and Targets Summary
Baseline Period Start Year End Year Average Baseline gpcd(ͭ) Confirmed ͮͬͮͬ Target(ͭ) ͭͬ‐ͭͱ year ͮͬͬͭ ͮͬͭͬ ͭ͵ͱ ͭͳ͵ ͱ Year ͮͬͬͯ ͮͬͬͳ ͭ͵͵
Notes
(ͭ) All values are in gpcd
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5.5.1 Target Methods and Target Confirmation
10608.22. Notwithstanding the method adopted by an urban retail water supplier pursuant to Section 10608.20, an urban retail water supplier's per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use as defined in paragraph (3) of subdivisions (b) of Section 10608.12. This section does not apply to an urban retail water supplier with a base daily per capita water use at or below 100 gallons per capita per day.

Four target methods have been developed, and identify the specific steps water suppliers shall follow to establish these targets. A brief description of each method, as well as the water use calculated using each methodology is included below, however the City utilized Method 3 to calculate their 2020 target, which is consistent with the 2015 UWMP.

5.5.1.1 Method 1 – 80 Percent of Base Daily Per Capita Water Use Method 1 requires an urban water supplier to first determine the base daily per capita use. In order to determine the target using Method 1, 80 percent of the base daily per capita use 10-year base period) is calculated. Based on the 10-year baseline daily per capita use of 195 gpcd determined previously, the target use for Method 1 is 156 gpcd.

5.5.1.2 Method 2 – Performance Standards
Method 2 requires water suppliers to use baseline CII, indoor residential, and landscaped area water use to calculate a water use target. Based on the nature of the data required to determine a target using Method 2, it is not feasible for the City to use this methodology.

5.5.1.3 Method 3 – 95 Percent of Hydrologic Region Target Method 3 requires water suppliers to use the hydrologic region target to calculate a water use target for 2020. In order to determine the target using Method 3, 95 percent of the regionspecific conservation goal is calculated. Based on a target of 188 gpcd for the Tulare Lake Region, the Method 3 target is 95 percent of the target resulting in 179 gpcd.

5.5.1.4 Method 4 – Savings by Water Sector
Method 4 identifies water savings obtained through identified practices and subtracts them from the base daily per capita water use value identified for the water supplier. The water savings identified that can be used to reduce the base daily per capita water use value include:
• Indoor residential use savings.
• Metered savings (not applicable since City is fully metered). • CII savings.
• Landscape and water loss savings.

To calculate the CII savings, a retail water supplier must have data for the entire baseline period used in the base daily per capita water use calculation. The City does not have metered CII usage data for the entire baseline.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 5 CONSERVATION TARGET COMPLIANCE 5-4 | JANUARY 2022 | DRAFT FINAL

5.6 2020 Compliance Daily Per Capita Water Use
10608.12(e) "Compliance daily per-capita water use" means the gross water use during the final year of the reporting period…
10608.20 (e) An urban retail water supplier shall include in its urban water management plan due in 2010 . . . compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data.

Compliance daily per-capita water use means the gross water use during the final year of the reporting period. Water suppliers are required to calculate their actual 2020 water use (2020 calendar year) and evaluate whether their per capita 2020 target use was met. Refer to Table 5.2 and SB X7-7 Table 9 for 2020 compliance. The City met the 2020 target of 179 gpcd in the year 2020 with an actual per capita water use of 133 gpcd. If consumption rates begin to rise, the City must implement additional conservation and/or efficiency measures to maintain below this target.

Table 5.2 2020 Compliance
Actual
2020
gpcd
Optional Adjustments to 2020 GPCD Enter "0" if no adjustment is made 2020
confirmed
target
gpcd(1)
Did
Supplier
Achieve
Targeted
Reduction
for 2020?
Extraordinary
Events
Economic
Adjustment
Weather
Normalization
Total
Adjustments
Adjusted
2020 gpcd
133 0 0 0 0 133 179 Yes
Notes:
(1) All values are in gpcd.

CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 6-1
Chapter 6

SYSTEM SUPPLIES
The UWMPA requires that the UWMP include a description of the agency’s existing and future water supply sources for the next 20 years. The description of water supplies must include detailed information on surface water, groundwater, the groundwater basin, potential opportunities for desalination of groundwater and seawater, and detailed information on the agency’s imported water.

6.1 Water Supply Overview
The City water supply is strictly from extracted groundwater. The City has 36 active groundwater wells that are located throughout the City limits that pump directly to the distribution system or to various water storage tanks. Figure 3-2 displays the City’s distribution system, water storage tanks, and active groundwater wells.

6.2 Purchased or Imported Water
The City of Porterville does not import or purchase any raw or potable water for their public distribution system. The City has a total surface water allocation of approximately 2,039 ac-ft (664 MG). The City has acquired surface water rights in the amount of 468 shares from the Pioneer Water Companywhich is equivalent to approximately 1.5 ac-ft per share resulting in 236.5 MG. Additionally, the City has acquired approximately 14.5 ac-ft (4.7 MG) from Porter Slough Ditch Company and 1,300 ac-ft (423.6 MG) from Porterville Irrigation District. When available, the City purchases surface water supplies from nearby irrigation and water districts and utilizes for groundwater recharge. The City has been using their surface water allocation to augment their existing groundwater supply and to create a drought buffer during excessive extraction periods. Figure 6.1 shows the volume of surface water the City has used for groundwater recharge over the last ten years.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES 6-2 | JANUARY 2022 | DRAFT FINAL
Figure 6.1 Purchased Surface Water Volume, MG (2010 – 2020)

6.3 Groundwater
The City of Porterville drinking water supply is solely from groundwater extraction wells. The City’s groundwater supply is extracted using 36 active wells scattered throughout the water service area that pump directly into the water distribution system and surrounding above ground water storage tanks. Extracted groundwater is chlorinated at the wellheads to provide disinfectant residual in the distribution system.

6.3.1 Basin Description
10631 (b) If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan:
(2) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater.

The City’s groundwater system is supplied from the east side of the Tule Sub-basin. The Tule sub-basin sits on a series of overlapping alluvial fan sedimentary deposits sourced from runoff from the Sierra Nevada mountain range east of the City. Near the City, the natural waterways that promote supply to the groundwater basin are Deer Creek and the Tule River. Tule River flow is managed by Lake Success for flood control and recreation at Lake Success located just east of the City. As described in the ETGSP, The Tule Subbasin consist of permeable sand and gravel layers, interbedded with low permeability silt and clay lenses. The transmissivity of the aquifer soils near the Tule River are high from loose soil river deposits. DWR records indicate that the groundwater elevation is approximately 300 feet below ground surface. 1312
0 1000
2000
3000
4000
5000
6000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Surface Water Volume (MG)
Year
Purchased Surface Water
Average Volume
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6.3.2 Groundwater Management
10631 (b) If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan:
(1) A copy of any groundwater management plan adopted by the urban water supplier… or any other specific authorization for groundwater management.

Porterville is part of the Eastern Tule GSA which in part has outlined various projects and management actions that are to be taken by the City and the surrounding water purveyors to meet the groundwater sustainable yield goals set in the GSP. The adopted ETGSP is attached to this plan in Appendix G.

6.3.3 Overdraft Conditions
10631 (b)(2) For basins that have not been adjudicated, (provide) information as to whether the department has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue, in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to eliminate the longterm overdraft condition.

The Eastern Tule GSP, outlines that historically, the Tule Subbasin has been subject to overdraft conditions by excessive groundwater pumping.Per the GSP, overdraft is estimated to be approximately 61,000 acre-feet/year for the region within the ETGSA boundary. The ETGSP presents the need for a sustainable yield in order to address overdraft conditions in the future for the entire region. The Eastern Tule GSA has outlined management actions that are to be taken by the City and the surrounding water purveyors to meet the groundwater sustainable yield goals set in the GSP. The sustainable goals are intended to balance average annual inflows and outflows of water in the groundwater basin by 2040 so that negative change in storage does not occur after 2040 ultimately avoiding undesirable and potentially catastrophic conditions of the groundwater subbasins. The current sustainable yield for the City is calculated as 1.01 ac-ft/acre of the City’s UDB. The City’s extraction volume within its native sustainable yield and total precipitation allocation is approximately 17,355 AFY which is about 5,655 MG. The sustainable yield is subject to revision every year due to current drought conditions, groundwater use and supply management measures. These measures ultimately seek to achieve the following criteria:
• Increase available water supplies.
• Optimize existing water supplies.
• Decreased consumptive use of non-sustainable groundwater supplies to mitigate overdraft.
• Groundwater levels sustained to sustainable management criteria quantified in this Plan.
• Reduction or cessation of subsidence near critical infrastructure. • Stabilized water quality for agronomic and municipal beneficial uses. • Funding for local water management.
• Improved collection and management of water related data within the Agency.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES 6-4 | JANUARY 2022 | DRAFT FINAL
The implementation of projects and management actions are expected to provide a collective benefit for not only the City but the surrounding users. In general project types and management actions that are considered to be implemented in the future fall under four groups:

1. Water Supply Optimization: Optimizing efficiencies in existing surface water or groundwater operations.

2. Surface Water Development: Developing new surface water supplies.

3. Managed Aquifer Recharge and Banking: Developing recharge and groundwater banking projects.

4. Agricultural Land Retirement: Projects related to fallowing agriculture land.

The project and management action categories provide a roadmap in reaching a sustainable water resource utilization on a regional basis which ultimately trickles down to the individual user. The GSP will develop improved practices in distributing, integrating, exchanging, recharging, and managing water supplies to create a sustainable environment for groundwater resources for the City and the surrounding areas.

6.3.4 Historical Groundwater Pumping
10631 (b) …If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan:
(3) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years.The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.

The City of Porterville has historically relied on groundwater wells to supply its drinking water distribution system. The City has 36 active wells that are currently in service and are located throughout the City. Before 2014, the City’s groundwater demand was much higher than it is today. For example, the groundwater supplied to the City averaged 4,150 MG between 2002 and 2014 and an average of 3,378 MG between 2015 and 2020. The severe drought of 2011 - 2017 drastically increased the City’s conservation efforts ultimately leading to a decrease in groundwater pumping. The City’s groundwater supply is summarized in Table 6.1.

Table 6.1 Retail: Groundwater Volume Pumped
Supplier does not pump groundwater. The supplier will not complete the table below.

All or part of the groundwater described below is desalinated.

Groundwater Type Location or Basin Name 2016 2017 2018 2019 2020 Add additional rows as needed
Alluvial Basin Tule Subbasin 3,222 3,345 3,515 3,422 3,647 Total 3,222 3,345 3,515 3,422 3,647
CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 6-5

6.4 Surface Water
The City of Porterville does not import or purchase any raw surface water from the nearby Friant-Kern Canal or from adjacent irrigation district for their public drinking water distribution system. The City does have surface water allocations from the Pioneer Water Company, Porter Slough Ditch Company, and Porterville Irrigation District which they use for groundwater recharge or recharge credits as water is available.

6.5 Stormwater
The City of Porterville’s storm water collection system is a separated from the sanitary sewer collection system. The City stormwater collection system conveys captured runoff to retention/recharge basins or directly to flood channels that run throughout the City. There are two scales of stormwater which are potentially relevant to the City’s water supply portfolios, the first is the hydrological dependent surface water supplies from runoff in the region. The second is the volume of stormwater captured in the City’s collection system. The benefit of stormwater in the grand scheme of the City’s water supply portfolio is minimal, therefore it is not further evaluated in their assessment and the City does not reuse stormwater for their potable water supply.

6.6 Wastewater and Recycled Water
The UWMPA requires that the UWMP address the opportunities for development of recycled water, including the description of existing recycled water applications, quantities of wastewater currently being treated to recycled water standards, limitations on the use of available recycled water, an estimate of projected recycled water use, the feasibility of said projected uses, and practices to encourage the use of recycled water.

6.6.1 Recycled Water Coordination
10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier's service area.

The City of Porterville 2020 Recycled Water Feasibility Study (RWFS) outlines various alternatives to provide recycled water for beneficial use to the surrounding area. The City has been coordinating with local irrigation and water districts investigating the potential demand for recycled water produced from the City’s wastewater. The feasibility study concluded that the City’s most beneficial use of recycled water was to provide three adjacent irrigation districts:

Porterville Irrigation District (PID), Tea Pot Dome Irrigation District (TPDID), and Saucelito Irrigation District (SID) with tertiary treated disinfected recycled water to be used for unrestricted agricultural irrigation in exchange for surface water allocations. The City in turn plans to initiate the preliminary development of producing an advanced treatment recycled water facility in the near future as part of their Alternative Compliance Project for the California Central Valley (CV) Salts Program.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES 6-6 | JANUARY 2022 | DRAFT FINAL

6.6.2 Wastewater Collection, Treatment Systems, and Disposal 10633. (a) (Describe) the wastewater collection and treatment systems in the supplier's service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal.

The City of Porterville currently collects sanitary sewer from the City service area shown in Figure 3-1. The City owns and maintains approximately 2,728 manholes, 24 lift stations, 9,880 feet of force mains and 48.4 miles of gravity sewer pipes. The City also receives and treats wastewater from the Porter Vista Public Utilities District (PVPUD) from East Porterville.

The City of Porterville owns and operates the wastewater treatment facility (WWTF) which receives and treats all wastewater from residential, commercial, and industrial discharges within the City as well as from the Porterville State Hospital and the PVPUD. The WWTF is located west of the town center on the corner of N. Prospect St. and W. Morton Avenue near Veteran’s Park.

The City’s WWTF was built in 1954 with a capacity of 1.8 million gallons per day (mgd) and upgraded to 4.0 mgd in 1978 to provide capacity for future growth and for the addition of existing developments which previously depended on individual disposal systems (septic tanks).

In 1994 the WWTF was expanded to increase the average day maximum month flow (ADMMF) from 4.0 mgd to 8.0 mgd.

The City’s WWTF Waste Discharge Requirement Order No. R5-2008-304 restricts the monthly average daily discharge to 5.3 mgd. The 2020 wastewater flows from the City’s service area is summarized in Table 6.2. As shown in Table 6.2, the City contributed a total of 1,712 MG (4.69 mgd) of wastewater flow into the WWTP in 2020.

Table 6.2 Retail: Groundwater Volume Pumped
There is no wastewater collection system. The supplier will not complete the table below.
100 Percentage of 2020 service area covered by wastewater collection system (optional)
Percentage of 2020 service area population covered by wastewater collection system (optional)
Wastewater Collection Recipient of Collected Wastewater Name of
Wastewater
Collection
Agency
Wastewater
Volume
Metered or
Estimated?
Volume of
Wastewater
Collected
from UWMP
Service Area
2020
Name of
Wastewater
Treatment
Agency
Receiving
Collected
Wastewater
Treatment
Plant Name
Is
WWTP
Located
Within
UWMP
Area?
Is WWTP
Operation
Contracte
d to a
Third
Party?
City of
Porterville Metered 1,712 City of Porterville
City of
Porterville
Wastewater
Treatment
Facility
Yes No
Total Wastewater
Collected from Service
Area in 2020:
1,712
CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 6-7
The existing WWTF provides activated sludge secondary treatment. The primary treatment process starts with the influent wastewater from the sewer collections system to the headworks which screens out large debris such as rags, trash, and other obstructions. Screened wastewater is pumped from the headworks pump station and through a Parshall flume to measure flow and then to an aerated grit chamber to collect smaller grit-like particles in the system. From the aerated grit chambers wastewater is sent to the primary clarifiers allowing additional solids to settle and sum to float to the surface.

Following primary treatment process, wastewater is conveyed to the aeration basins where the activated sludge process begins. From the aeration basins, wastewater is then sent to the secondary clarifiers allowing the mixed liquor from the aeration basins to settle and it’s either returned to the aeration basins or wasted to the dissolved air flotation thickeners (DAFT) for sludge thickening.

6.6.3 Wastewater Treatment and Discharge within Service Area After the secondary treatment process, treated wastewater effluent is pumped to the reclamation area through a 4.5 miles pipeline to the southwest area of town center near the Porterville Municipal Airport where it is applied on the effluent irrigation areas or percolated into the ground via percolation basins. Sludge from the DAFT and primary clarifiers is sent to the anaerobic digester for processing to produce methane gas. From the digester, treated sludge is pumped from the biosolids transfer station located adjacent to the anaerobic digesters through a 4.5 mile pipeline to the sludge drying beds located near the City Municipal Airport. Once dry, biosolids are applied on the effluent irrigation areas as directed in the City’s Biosolids Management Plan and annual Biosolids pre-application. Table 6.3 identifies the volume of treated wastewater either recycled or disposed of within the service area.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES 6-8 | JANUARY 2022 | DRAFT FINAL
Table 6.3 Retail: Wastewater Treatment and Discharge within Service Area in 2020 No wastewater is treated or disposed of within the UWMP service area. The supplier will not complete the table below.

Wastewater
Treatment
Plant Name
Discharge
Location
Name or
Identifier
Discharge
Location
Description
Wastewater
Discharge
ID Number
(optional)
Method
of
Disposal
Does This
Plant Treat
Wastewater
Generated
Outside the
Service
Area?
Treatment
Level
2020 Volumes
Wastewater
Treated
Discharged
Treated
Wastewater(1)
Recycled
Within
Service
Area(2)
Recycled
Outside
of
Service
Area
Instream
Flow Permit
Requirement
City of
Porterville
Wastewater
Treatment
Facility
City of
Porterville
Percolation
Ponds and
Reclamation
Area
Adjacent to
and
southwest
of the
Porterville
Airport
5D540107001
Land
disposal Yes Secondary,Undisinfected 1,556 626 930 0 0
Total 1,556 626 930 0 0
Notes:
(1) Discharged Treated Wastewater volume is identified as water that is discharged to the City’s groundwater percolation basins. (2) Recycled within Service Area volume is water that is used as agricultural irrigation to City owned farmland CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL| JANUARY 2022 | 6-9

6.6.4 Recycled Water System Description
10633. (c) A description of the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use.

The City currently has a total of 880 acres available for biosolids application which includes a total of 630 acres within the reclamation area with the remaining 250 acres located in the Cityowned dry-farmed area adjacent to the airport. Therefore, a total of 630 acres are available to receive effluent for irrigation and biosolids application. The City also utilizes approximately 48 acres of percolation ponds for groundwater infiltration which is also shown in. Figure 6.2 shows that average monthly effluent discharged to either the percolation ponds or the irrigation areas is approximately 130 MG. Typically, biosolid application and effluent irrigation is applied heavily during the summer months, May to September, and effluent is discharged to the percolation ponds for groundwater infiltration October through April.

Figure 6.2 Average Treated Wastewater Effluent Discharged

6.6.4.1 Recycled Water Beneficial Uses
The range of beneficial uses of recycled water for the City are separated into five different reuse categories. Each category is listed below with a brief description in respect to the City’s water system specifically.

Restricted Agricultural Reuse
Undisinfected secondary treated recycled water is discharged to City-owned agricultural property for the irrigation of fodder crops and percolation. This s the City’s current recycled water program.

Unrestricted Agricultural
Water could be used to continue the City’s existing recycled program as well as provide supply to districts close to the City.

Landscape Irrigation
Disinfected tertiary recycled water would be supplied to landscape irrigation users for domestic, commercial, and municipal properties within the vicinity of the existing WWTP or a recycled water distribution line.
0 20
40 60
80 100
120
140
160
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Total WW Vol. (MG)
Percolation Irrigation
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES Potable Reuse by Groundwater Replenishment
Recycled water meeting Title 22 requirements for advanced treatment beyond disinfected tertiary standards would be used for groundwater recharge by surface spreading in recharge basins. Groundwater percolation provides an environmental buffer with adequate retention time until groundwater is extracted using City’s municipal wells.

Direct Potable Reuse
Potable reuse by raw water augmentation of the City’s drinking water supply by comingling highly purified recycled water with surface water in a proposed surface water treatment plant.

There is no environmental buffer to direct potable reuse, rather an engineered storage of the purified recycled water.

6.6.5 Potential, Current, and Planned Uses of Recycled Water 10633. (b) A description of the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. (d) A description and quantification of the potential uses of recycled water,including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (e) The projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision.

As discussed in Section 6.6.4 – Recycled Water System Description, theCity currently percolates undisinfected secondary treated wastewater effluent to designated groundwater infiltration basins and uses the same effluent as fodder crop irrigation heavily during the summer months.

The City recently completed a 2020 Recycled Water Feasibility Studywhich analyzed the potential recycled water market within the City.The result of thisStudy has provided a recommendation for theCity to provide unrestricted agricultural irrigation supply water (disinfected tertiary treated recycled water) to nearby irrigation districts (PID, TPDID, SID). The current and projected recycled water uses are summarized in Table 6.4. The projected recycled water volumes are based on theCity’s 2020 Recycled Water Feasibility Study.

The City plans to implement a WWTP denitrification upgrade as well as produce tertiary treated disinfected recycled water for unrestricted agricultural irrigation within the next 5 to 8 years. For this UWMP, it is assumed that by 2025 the Citywill be producing recycled water, however this is subject to change in thecoming years. It is expected that the recycled water will be supplied to surrounding irrigation districts for distribution to customers with surface water exchange agreements in place for groundwater recharge as well as water supply augmentation via surface water treatment in the future. The recycled water feasibility study analyzed thetotal production of recycled water based on the 2040 projected plant effluent of 8.84 mgd (3,227 MG or 9,920 AFY). The surrounding irrigation districtswho have preemptively agreed to accept recycled water would each on their own be able to consumethe full amount of projected flow on a month-to-month basis, however contractual agreement negotiations have not occurred. The recycled water use projection for 2020 from the2015 UWMP is compared to the 2020 actual use in Table 6.5. In the interim, the City’s recycled water effluent volumeis expected to increase with population and development growth within the UDB.
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Table 6.4 Retail: Recycled Water Direct Beneficial Uses within Service Area  Recycled water is not used and is not planned for use within the service area of the supplier.The supplier will not complete the table below.

Name of Supplier Producing (Treating) the Recycled Water: City of Porterville Name of Supplier Operating the Recycled Water Distribution System: City of Porterville Supplemental Water Added in 2020 (volume) None
Source of 2020 Supplemental Water N/A
Beneficial Use Type
Potential
Beneficial
Uses of
Recycled
Water
Amount of
Potential Uses
of Recycled
Water
General
Description of
2020 Uses
Level of
Treatment 2020 2025 2030 2035 2040
Agricultural Irrigation Agricultural
Irrigation 930
Irrigation of
oats, hay,
alfalfa, and
corn in the
summer
months
Secondary,
Undisinfected 930
Other (Provide General Description) Groundwater
Percolation 626
Percolation
into 50 acre
ponds during
winter months
Secondary,
Undisinfected 626
Agricultural Irrigation
Provide
tertiary
treated
recycled water
to
surrounding
irrigation
districts
0 Not used in or
before 2020 Tertiary 0 2,230 2,522 2,854 3,227
Total 1,556 2,230 2,522 2,854 3,227
Notes:
(1) Assuming implementation of recycled water treated facility utilizing 100 percent of City Treated Effluent.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES 6-12 | JANUARY 2022 | DRAFT FINAL
Table 6.5 2015 UWMP Recycled Water Use Projection Compared to 2020 Actual Recycled water was not used in 2015 nor projected for use in 2020.The supplier will not complete the table below.

Use Type 2015 Projection for 2020 2020 Actual Use
Agricultural Irrigation 974 1,556
Total 974 1,556

6.6.6 Actions to Encourage and Optimize Future Recycled Water Use 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier… and shall include the following:
(g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use.

The use of a recycled water facility to provide a drinking water supply through either offsetting potable water use for landscape irrigation, groundwater augmentation, or surface water comingling and treating has been rejected by the City. Due to the location and reclamation limitations of the City, advanced treatment and purification is an uneconomical solution due to the discharge requirements of an advanced treatment system. Being said, as discussed in the Recycled Water Feasibility Study, the City has begun the process in developing an expanded recycled water program to create a reliable unrestricted agricultural irrigation water supply in exchange for reliable surface water right exchanges that can potentially be used for a groundwater basin or feed a surface water treatment plant in the future. Table 6.6 shows the City’s near future projected recycled water production.

Table 6.6 Retail: Methods to Expand Future Recycled Water Use  Supplier does not plan to expand recycled water use in the future. Supplier will not complete the table below but will provide narrative explanation.

6.6.4 - 6.6.6 Provide page location of narrative in UWMP Name of Action Description
Planned
Implementation
Year
Expected
Increase in
Recycled Water
Use(1)
Unrestricted
Agricultural
Irrigation
The WWTP would be upgraded to
provide disinfected tertiary recycled
water. The water could be used to
irrigation the City's reclamation area or
supplied to neighboring irrigation
districts.
2025 2,230
Total 2,230
Notes:
(1) Expected increase is not an increase from 2020 to 2025, this value is the volume of expected recycled water use in 2025.

CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 6-13

6.7 Desalinated Water Opportunities
10631(d). Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.

The City does not utilize any desalinated water for their domestic water supply.

6.8 Exchanges or Transfers
10631(d). Describe the opportunities for exchanges or transfers of water on a short-term or longterm basis.

The UWMPA requires the UWMP to address the opportunities for development of short or longterm transfer or exchange opportunities.

6.8.1 Exchanges or Transfers
Water exchanges entail water being delivered by one water user to another water user, with the receiving water user providing water in return at a specified time or when the conditions of the parties' agreements are met. As outlined in the Recycled Water Feasibility Study, if the City is providing irrigation water supply to nearby irrigation districts, the opportunity for Friant-Kern Canal (FKC) surface water exchanges with those irrigation districts is a likely possibility. This surface water would be used to feed groundwater recharge basins or a surface water treatment plant. Presently, the City does not have any exchange agreements with adjacent irrigation districts between FKC surface water and recycled water, however negotiations are expected to begin in the near future.

6.8.2 Emergency Interties
The City does not have any emergency interties with surrounding agencies. As mentioned in Section 6.3, the City’s source of water is solely from groundwater wells and does not have any supplementary drinking water supply to its system.

6.9 Future Water Projects
10631(f)… The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program.

As discussed in Section 6.6.5, the City intends to upgrade their existing WWTP and supporting effluent infrastructure to supply tertiary treated disinfected recycled water for unrestricted agricultural irrigation to nearby irrigation districts. This in turn will provide the opportunity for the City to enter into surface water exchange agreements with the irrigation districts surface water allocation for groundwater recharge from either the Friant Kern Canal. Ultimately this exchange enables the City to actively increase groundwater recharge efforts and potentially construct a surface water treatment plant in the future. Additionally, the City’s anticipates the installation of three new wells on the west side of the UDB to provide an additional capacity up to 3.3 mgd to the potable water distribution system to reduce the supply deficit between the CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES 6-14 | JANUARY 2022 | DRAFT FINAL
maximum day demand (MDD) and the existing firm supply. The City’s IMP also investigated the augmentation of their existing water supply portfolio with the addition of 12 new wells within the water service area to meet the 2040 projected future maximum day demands. The City plans to utilize these future water projects regardless or normal or consecutive drought years to expand their water system within their UDB to meet daily demands within their water service area. The City investigated the feasibility of a direct potable reuse water supply alternative in their 2020 RWFS. DPR includes combining highly treated recycled water with potable groundwater water to augment drinking water supply directly. The high cost of advanced treatment and the requirement to dispose of RO concentrate eliminated this alternative from the City’s water supply portfolio alternatives. Table 6.7 presents the City’s expected future water supply programs and their anticipated implementation time.

CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 6-15
Table 6.7 Retail: Expected Future Water Supply Projects or Programs  No expected future water supply projects or programs that provide a quantifiable increase to the agency's water supply.

Supplier will not complete the table below.
 Some or all of the supplier's future water supply projects or programs are not compatible with this table and are described in a narrative format.

6.6.4 - 6.6.6 & 6.9 Provide page location of narrative in the UWMP Name of Future Projects or
Programs
Joint Project with other suppliers?
Description
(if needed)
Planned
Implementation
Year
Planned
for Use in
Year Type
Expected
Increase in
Water Supply
to Supplier
Y/N Name of Agencies
Add additional rows as needed
Recycled Water No N/A
Tertiary treated
disinfected
unrestricted
agricultural irrigation
2024 - 2025 All Year
Types 0
Surface Water Exchange Yes
Porterville Irrigation District
Saucelito Irrigation District
Teapot Dome Water District
Assuming a 1:1
exchange ratio of
recycled water to
surface water
TBD All Year
Types 1,556 – 3,227(1)
Water Supply Improvements
Installation of three (3) New
Wells on west side
No N/A
Install new
groundwater
extraction wells within
City UDB(2)
2021 All Year
Types 5.1 mgd
2040 Water Supply
Recommendations
Installation of up to 12 new
wells
No N/A
Install up to 12 new
wells to meet the
2040 future demand(2)
TBD All Year
Types 20.4 mgd
Notes:
(1) Volumes listed includes the range of flows from 2020 to 2040. (2) Porterville Integrated Master Plan Chapter 8 – Utility System Evaluation and Proposed Improvements CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES

6.10 Summary of Existing and Planned Sources of Water
10631 (b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described insubdivision (a), providing supporting and related information, including all of the following… (b)(2) When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies. (h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).

6.10.1 Description of Supplies
As discussed in Section 6.3, 6.4, and 6.5, theCity’s main and only source of potable water is groundwater with undisinfected secondary treated recycled water used as restricted agricultural irrigation for fodder crops as a means of groundwater recharge and effluent disposal. In the future, the CityPlans to expand itswater supply portfolio by upgrading their existing WWTP to full tertiary treatment with disinfection to provide recycled water for unrestricted agricultural irrigation to surrounding irrigation districts in exchange for surface water rights for groundwater recharge and/or surface water treatment.

6.10.2 Quantification of Supplies
The actual source and volume of water for the year 2020 is presented in Table 6.8. With the implementation of Sustainable Groundwater Management Act (SGMA) and the acceptance of the ETGSP, groundwater supply availability in the Tule subbasin is quantified by the City’s sustainable yield. As discussed in Section 6.3.2, the sustainable yield is the volume of water the City can safely extract from the aquifer without causing excessive overdraft conditions in the future. The City’s 2020 Integrated Master Plan Water Supply Assessment investigates detailed water supply portfolio alternatives the City should consider in the future in order to diversify and expand its water supply. Presently, theCity’s groundwater volume is equivalent to the sustainable yield calculated in section 6.3.3. The City’s projected 2040 extraction volume within its native sustainable yield and total precipitation allocation is approximately 17,355 AFY (5,655 MG) which is about 2,008 MG (6,162 AF) above existing pumping conditions. The recycled water quantification is simply the treated wastewater effluent volume that is available for percolation into the City’s groundwater recharge ponds. The surface water (not desalinated) is the City’s total surface water allocations from adjacent irrigation districts. Chapter 7 further discusses the supply and demand balance considering thesupply fluctuations from drought conditions and variations in demand.
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CH 6 SYSTEM SUPPLIES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 6-17
Table 6.8 Retail: Water Supplies — Actual
Water Supply Additional Detail on Water Supply
2020
Actual
Volume
Water
Quality
Total Right
or Safe
Yield
Groundwater (not
desalinated) Tule Groundwater Subbasin 3,647 Drinking Water 5,655 Recycled Water Disinfected Secondary Treated
effluent from WWTP 1,556 Recycled Water 626(1)
Surface Water(not
desalinated)
Surface Water Allocation from
Irrigation Districts 728
Other
NonPotable
Water
664
Total 5,931 6,945
Notes:
(1) The Total or Safe Yield for recycled row lists the amount of recycled water that was percolated by the City in 2020 The projected water supply in 5-year increments is included in Table 6.9. For the City, the available water supply is projected based on estimated future demands. As discussed in Section 6.8, the surface water exchanges are assumed to be a 1:1 volume exchange ratio of tertiary treated disinfected recycled water to Friant Kern Canal delivered surface water, therefore as shown in Table 6.9, the recycled water volume is not listed since that would not offset potable water supply but would enable a surface water exchange. All surface water will be utilized in groundwater recharge.

Table 6.9 Retail: Water Supplies — Projected
Water Supply Additional Detail on Water Supply
Projected Water Supply Report to the
Extent Practicable
Reasonably Available Volume(1)
2025 2030 2035 2040 2045
(opt)
Groundwater
(not desalinated)
Strictly groundwater pumping
using existing City wells 5,655 5,655 5,655 5,655 -
Surface water (not
desalinated)
From 1:1 exchange with nearby
Irrigation Districts from Surface
Water and Recycled Water
Exchange. Not Treated, would be
available for groundwater
recharge
2,230 2,522 2,854 3,227 -
Surface water
(not desalinated)(2)
Purchased for groundwater
percolation from PWC and PSDC 664 664 664 664 -
Total 8,549 8,841 9,173 9,546 - Notes:
(1) The Reasonably Available volume was determined from the City of Porterville 2020 Integrated Master Plan groundwater Sustainable yield outlined in the ETGSP. This volume is subject to change over the coming years, however projected to 2040, remains at 5,655 MG per year or 17,355 AFY. The surface water via exchange with nearby irrigation districts is an assumed 1:1 exchange ratio with projected recycled water production volumes listed in the City's RWFS. (2) Surface water allocation through Porter Slough Ditch Company, Porterville Irrigation District, and Pioneer Water Company
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 6 SYSTEM SUPPLIES

6.11 Special Conditions
This section describes any special conditions that could potentially affect the City’s water supply presently or in the future.

6.11.1 Climate Change Effects
Increasing temperatures, drought conditions, and population growth will likely increase water demands for the City in the future. To augment the groundwater supply working towards both their GSP and General Plan goals, the City currently recharges treated wastewater effluent into groundwater percolation basins at their reclamation site near the municipal airport. In the future, the potentialfor surface water exchanges with nearby irrigation districtswill add additional supply for groundwater recharge and potentially surface water treatment. Effects from climate change can potentially decrease the availability of surface water in the FKC given the allocation volumes therefore reducing the availability of surface water for theCity’s use and further reducing supplies To investigate the effects of climate change on the projected averages of hydrologic parameters such as precipitation, snowfall, surface runoff, and temperature, the CalAdapt extended drought scenario tool was used to explore possible impacts resulting from climate change.

As discussed, the City’s supply is completely dependent upon seasonal hydrologic conditions via precipitation in the valley or accumulated snowpack in the Sierra Nevada mountains. Cal-Adapt Extended Drought tool displays hydrologic data projected to specific date ranges of this upcoming century. Early Century is considered 2023 to 2042 and late century 2051 to 2070.This tool explores data for two 20-year drought scenarios, earlier and latter part ofthe century, derived from meteorological and hydrological simulations. Cal Adapt includes projected max/min temperatures, precipitation, evapotranspiration, snow water equivalent, and runoff values for a period of an extended drought period of up to 20 years. Data from the Cal-Adapt Extended Drought Tool was analyzed to summarize the potential impacts on water supplies related to climate change with respect to historical data. In summary, the model shows the effects from climate change can likely reduce the annual precipitation averages in future.

Table 6.10 shows theprojected hydrologic parameters listed in the model for theCity’s water service area. Appendix J includes additional informational outputs from the Cal-Adapt Extended Drought Simulation Tool.
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Table 6.10 Cal-Adapt Hydrologic Parameter Projections
Hydrologic Parameter
Early Century
Drought
(2023 – 2042)
Late Century
Drought
(2051-2070)
Observed
Historical
Max. Temperatures (°F) 82.0 85.6 77.2
Min. Temperatures (°F) 53.1 56.3 49.0
Precipitation (inches) 7.7 7.6 11.0
Evapotranspiration (inches) 5.5 6.6 9.4
Snow Water Equivalent (inches) 0.0 0.0 0.0
Runoff(inches) 0.5 0.5 0.8

6.11.2 Regulatory Conditions and Project Development
As discussed with the implementation of SGMA and the ETGSP, the City must strive to extract groundwater within their sustainable yield volume. Presently, the City is well beneath the quantified sustainable yield volumes and plans to expand groundwater production efforts for system reliability and augmentation to meet existing and future maximum day demands.

Additionally, as development within the City continues, all new water service connections will require meters to monitor consumption and demands.

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Chapter 7

WATER SYSTEM RELIABILITY AND DROUGHT

RISK ASSESSMENT
The UWMPA requires that the UWMP address the reliability of the agency’s water supplies. This includes supplies that are vulnerable to seasonal or climatic variations. In addition, an analysis must be included to address supply availability in a normal year, a single-dry year and in fiveconsecutive years of drought. 10635 (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.

7.1 Constraints of Water Sources
10631 (b)(1) A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change There are two aspects of supply reliability that can be considered. The first relates to immediate service needs and is primarily a function of the availability and adequacy of the supply facilities.

The second aspect is climate-related and involves the availability of water during mild or severe drought periods. This section examines the reliability of the water supply available to the City.

7.1.1 Water Supply Quality
Appendix H contains the Annual Consumer Confidence Report (CCR) for the City’s service area for the year 2020. The City’s groundwater quality has been consistently good over the last ten years with the exception of moderately high nitrate concentrations in some areas due to historical irrigation practices. The City shallow wells (less than 300 feet deep) show increased nitrate concentrations over the last 12 years, however the elevated levels ranged between 3.6 to

6.8 milligrams per liter (mg/L) which is still below the MCL.As for the deeper City wells, CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 7 WATER SYSTEM RELIABILITY AND DROUGHT RISK ASSESSMENT 7-2 | JANUARY 2022 | DRAFT FINAL
(>300 feet), the nitrate concentrations ranged from 1 to 5.5 mg/L, however it is expected that the increased influence in nitrate concentration is from downward flow of shallow groundwater to greater depths when water levels were deeper. The City has the opportunity to improve the groundwater quality by avoiding construction of new wells near the surface water features throughout the City to enable effective groundwater recharge as well as groundwater recharge from surface water application on sandy soil areas typically adjacent to the Tule River.

7.1.2 Climate
The constraints to the City’s water source is discussed in Section 4.6 and 6.3.

7.1.3 Potential Alternative Sources
As discussed in Chapter 6, presently the City’s existing water supply is sourced solely from groundwater. The City also received surface water allocations from the Pioneer Water Company, Porter Slough Ditch Company, and Porterville Irrigation District that are utilized for groundwater recharge. When surplus surface water allocations are available the City purchases additional surface water from nearby irrigation districts for additional groundwater recharge. The City’s IMP outlines the need for the City to increase its groundwater water supply through expansion of their existing well system as well as groundwater recharge from surface water right exchanges with adjacent irrigation districts. Ultimately, the access to surface water gives the City the opportunity to investigate a surface water treatment plant in the future. As discussed in Section

6.9, the City rejected the DPR water supply alternative in their RWFS.

7.2 Water Supply Reliability by Type of Year
This section considers the City’s water supply reliability during three water scenarios: average year, single-dry year, and five-consecutive-year drought. An average year is also referred to as a "normal" year.

These scenarios are defined as follows:
• Average year: a year, or an averaged range of years, that most closely represents the average water supply available to the City. Generally, a year that represents the average precipitation on record. Based on the historic DWR precipitation records from 1988 to 2020, calendar year 2015 best characterizes average year condition. • Single-dry year: The year that represents the lowest water supply available to the City in a single year. Based on historic DWR precipitation records from 1988 to 2020, the calendar year 2013 best characterizes single dry year conditions. • Five-Consecutive-Year Drought: the period that represents the driest five-year historical sequence for the City. Generally considered to be the lowest average runoff for a five-consecutive-year period. Based on historic DWR precipitation records from 1988 to 2020, the period from 2011 through 2015 best characterizes the five-year consecutive drought conditions.

7.2.1 Methodology
In the event of single and multiple dry years, reduced rainfall results in less groundwater recharge. The ETGSP has determined sustainable yields for the time being of the City of Porterville with respect to other agencies who utilize the Tule groundwater basin. The ETGSP determines the City’s sustainable yield from the Tule groundwater is about 17,355 AFY (5,655 MG), this volume is subject to change annually based on current drought conditions and CH 7 WATER SYSTEM RELIABILITY AND DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 7-3
City usage. The volume is assumed to be projected to 2040 to represent the City’s sustainable yield to 2040. Currently and historically, the City’s demand is below the sustainable yield limit. In past period of drought, the City has met water demands with their existing groundwater supply, however water restrictions were set in place to reduce impacts on the existing well and distribution infrastructure and to alleviate strained groundwater elevations from dropping below existing wells.

7.2.2 Basis of Water Year Data
The specific years identified for average, single-dry, and five-consecutive-year drought presented in Table 7-1 were developed based on historical DWR runoff records for the City of Porterville and the availability of City’s records. The historic per capita demand is shown in Figure 7.1.

Table 7.1 Retail: Basis of Water Year Data (Reliability Assessment) Year Type Base Year
Available Supplies if Year Type Repeats
Quantification of available supplies is
not compatible with this table and is
provided elsewhere in the UWMP.

Location __________
Quantification of available supplies is
provided in this table as either volume
only, percent only, or both.

Volume Available Percent of Average Supply
Average Year 2015 3,117 100
Single-Dry Year 2013 4,276 137%
Consecutive Dry Years 1st Year 2011 3,955 127%
Consecutive Dry Years 2nd Year 2012 4,220 135%
Consecutive Dry Years 3rd Year 2013 4,276 137%
Consecutive Dry Years 4th Year 2014 3,877 124%
Consecutive Dry Years 5th Year 2015 3,117 100%
The years chosen to represent the dry-year scenarios were determined by examining precipitation records from DWR Success Lake (SCC) precipitation gage with historical data ranging from 1988 to 2020. The total precipitation average of the historical data shows 2015 as an average year for the City’s water supply. The per capita water demand in 2015 was 130 gpcd.

Figure 7.1 shows the average demand from 2015 to 2020 is around 130 gpcd as well as conservation efforts and customer water use behavior has changed as a result of the last major drought period from 2011 to 2017. 2013 shows the lowest single year precipitation therefore representing the single-dry year type with a per-capita water demand of 179 gpcd. The single dry year demand shows to be approximately 27-percent higher than the average per capita demand as a result of increased water usage from dry conditions. The historical precipitation records show the lowest average consecutive precipitation between 2011 and 2015. The average per capita demand between 2011 and 2015 starts at 163 gpcd in 2011 and peaks at 170 gpcd in 2013 and ending at 130 gpcd in 2015 as conservation efforts were implemented by the City to reduce demands. The City’s demand has historically been covered completely by groundwater through all year types with fluctuation in demands as conservation efforts are set in place. √
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For conservation planning, demands were not increased for the single dry-year since the value in 2013 is significantly higher than the present per capita demand between 2015 and 2020.

Additionally for the five-year consecutive dry condition, demands were not reduced due in part they are much higher than the present day demands and already represent a conservative planning approach to the City.

Figure 7.1 Average Demand from 2015 to 2020

7.3 Water Service Reliability Assessment
10635(a). Every urban water Supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.

The projected demand and supplies are compared in 5-year increments in Table 7.2, Table 7.3, and Table 7.4.
179
195
149
163
179
130
0 500
1000
1500
2000
2500
3000
3500
4000
4500
5000
100
120
140
160
180
200
220
240
2000 2005 2010 2015 2020 2025
Total Supply Production
Per Capita Demand
Total Production (MG) Per Capita Demand (gpcd)
10-year Baseline Per Capita Use 2010 to 2020 Average
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7.3.1 Water Service Reliability - Normal Year
Table 7.2 provides an estimate of the projected normal year supply and demand totals. Demands are projected to increase to 8,322 MG in 2040. Under average year conditions the City will meet the majority of their demand with groundwater up to the sustainable yield allocation volume of the basin as well as the anticipated groundwater recharge through available surface water exchanges with nearby irrigation districts and surface water allocations already possessed by the City. The demand total for Table 7.2 shows the average year demand for only the potable water demand with the existing groundwater supply in addition to surface water recharge.

Table 7.2 Retail: Normal Year Supply and Demand Comparison – Potable and Non-Potable 2025 2030 2035 2040
Supply Totals(1) 8,542 8,834 9,166 9,539
Demand Totals(2) 5,731 6,497 7,337 8,322
Difference 2,812 2,337 1,829 1,217
Notes:
(1) Supply total assumes a 1:1 surface water exchange with recycled water with surrounding irrigation districts utilizing projected recycled water volumes as shown in the 2020 RWFS. (2) Demands include drinking water from Table 4-3

7.3.2 Water Service Reliability - Single-Dry Year
Table 7.3 provides an estimate of the projected single-dry year supply and demand totals.

Demand reductions due to water shortage stage rationing measures are not included in the single-dry year demand estimates.

As described in Section 7.2.2, the single-dry year demand was not increased since it is 27-percent greater than the average year and the 2015 to 2020 average water demand, therefore presenting an automatic conservative estimate with respect to current demands. This planning demand is consistent with the City’s 2020 IMP per capita water demand.

The surface exchanges were assumed to be 100 percent allocation from the FKC being that years prior to this single-dry year were hydrologically normal therefore reservoir levels were able to accommodate United States Bureau of Reclamation (USBR) water contractor demands. The surface water volume was based on a 40 percent ratio of extracted groundwater to metered wastewater effluent. The recycled water volumes were directly exchanged for surface water through the FKC to be used for groundwater recharge augmenting the basin. With the augmented groundwater supply, the City has a sufficient available volume to meet projected demands during the single dry year condition.

Table 7.3 Retail: Single Dry Year Supply and Demand Comparison 2025 2030 2035 2040
Supply Totals(1) 8,345 8,589 8,862 9,168
Demand Totals(2) 4,789 5364 6,007 6,728
Difference 3,556 3,225 2,855 2,440
Notes:
(1) Supply total assumes a 1:1 surface water exchange with recycled water with surrounding irrigation districts utilizing projected recycled water volumes as shown in the 2020 RWFS and a 100 MG per year groundwater recharge similar to historical City practices.
(2) Demands include potable water only with a 12% growth rate.

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7.3.3 Water Service Reliability – Five-Consecutive-Year Drought Table 7.4 provides an estimate of the projected five-consecutive-year drought supply and demand totals. Similar to the single dry year, the water demands were not adjusted since they represent a conservative estimate in comparison to the City’s present day water use. The water demand during consecutive dry years is represented by the water demand between 2011 and 2015. The highest demand increase was a 6 percent increase from 2011 to 2012 and a 1 percent increase from 2012 to 2013. From the third year (2013) demands significantly reduce by 10 percent in above 2014 and by 20 percent in 2015.

Since the City has historically met all water needs regardless of hydrologic condition by groundwater and are still below their sustainable yield, the supply for all years included groundwater extraction to meet demand and groundwater recharge from the City’s existing allocation and surface water exchanges for recycled water with the nearby irrigation districts to increase supply. Similar to section 7.3.2, the surface water exchange volume was assumed to be 40 percent of the extracted groundwater and exchanged at a 1:1 ratio with surface water. It was assumed that the FKC allocation for surface water was 100 percent for the first year, 80 percent for the second year, 75 percent for the third year and was reduced to 50 percent for the fourth and fifth years. It was also assumed that groundwater recharge followed the same allocations as surface water percentages and was a portion of the City’s total allocation of 664 MG.

From the data shown in Figure 7.1, the reduction in demands between 2013 and 2015 is from the implementation of conservation efforts set by the City and continue to progress with a similar average demand to 2020 as a result of passive water conservation efforts by the customers.

Table 7.4 Retail: Multiple Dry Years Supply and Demand Comparison 2025 2030 2035 2040
First Year
Supply Totals 8,542 8,834 9,166 9,539
Demand Totals 4,430 4,961 5,556 6,223
Difference 4,113 3,873 3,610 3,316
Second Year
Supply Totals(1) 8,012 8,245 8,511 8,809
Demand Totals 4,726 5,294 5,929 6,640
Difference 3,285 2,952 2,582 2,168
Third Year
Supply Totals(1) 7,879 8,098 8,347 8,626
Demand Totals 4,789 5,364 6,007 6,728
Difference 3,090 2,734 2,340 1,898
Fourth Year
Supply Totals(1) 7,215 7,361 7,528 7,714
Demand Totals 4,342 4,863 5,447 6,101
Difference 2,873 2,498 2,081 1,613
Fifth Year
Supply Totals(1) 7,215 7,361 7,528 7,714
Demand Totals 3,491 3,910 4,379 4,905
Difference 3,724 3,451 3,148 2,809
Notes:
(1) FKC allocations to water contractors: 100 percent first year, 80 percent second year, 75 percent third and 50% fourth, and fifth years. Groundwater recharge from surface water allocations from Porterville Irrigation District, Pioneer Water Company, and Porter Slough Ditch Company

7.3.4 Description of Management Tools and Options
10620(f). An urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions.

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Currently, the City of Porterville solely utilizes local groundwater supplies to meet potable water demands. The City plans to continue to use groundwater as its main water supply with groundwater recharge using surface water in the near future. Details of the groundwater recharge potential is discussed in Section 6.8 and 6.9

7.3.5 Seismic Risk Assessment and Mitigation Plan
10632.5(c). An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk.

The Central San Joaquin Valley has an unlikely chance of seismic risk due to the soil type and the vicinity of active faults, however the risk is still possible for a significant seismic event to affect the City’s water assets. The Kern Canyon Fault Zone and the Owens Valley Faults are the only two fault systems that run through Tulare County that are reported by the United States Geological Survey (USGS), however the Kern Canyon Fault has been inactive since the 1930’s.

Additionally, the State’s largest fault system, the San Andres Fault, is not within Tulare County, but is nearby the western border. The largest earthquake ever recorded nearest to the City was a magnitude 5.0 in 1915. Being within Tulare County, Porterville is included within the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP) as a participating agency.

The MJLHMP identifies Tulare County vulnerabilities to earthquakes as small since the County is not in a high hazard area for earthquakes The MJLHMP provides mitigation goals and actions for participating communities within the Plan. The 5 goals of the MJLHMP are listed below:
• Goal 1: Protect life, property, and reduce potential injuries from natural, technological, and human-caused hazards.
• Goal 2: Improve public understanding, support and need for hazard mitigation measures • Goal 3: Promote disaster resistance for the County’s natural, existing, and future built environment.
• Goal 4: Strengthen partnerships and collaboration to implement hazard mitigation activities.
• Goal 5: Enhance the County’s ability to effectively and immediately respond to disasters.

The mitigation measures associated with Earthquake risks and their corresponding hazard mitigation goals are listed in Table 7.6 below. The entire hazard mitigation list for all hazards are included in Table 6.2 of theMJHMP in Appendix L.

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Table 7.5 County-Specific Mitigation Strategies for Earthquake Hazards Goal Strategy
Number Mitigation Strategy
1 1-1
Create a GIS-based pre-application review for newconstruction and major remodels of residential and/ornon-residential structures in hazard areas, such high and/or very high wildfire areas.
1 1-2
Continue to integrate the Tulare County MJLHMP, in particular the hazard analysis and mitigation strategy sections, into local planning documents, including general plans, emergency operations plans, and capital improvement plans.
1 1-3 Permit development only in areas where the potential danger to the health and safety of people and property can be mitigated to an acceptable level. 1 1-4
Continue to designate areas with a potential for significant hazardous conditions for open space, agriculture, and other appropriate low intensity uses.
1 1-5
Except as otherwise allowed by State law, ensure that all new buildings intended for human habitation are designed in compliance with the latest edition of the CaliforniaBuildingCode, California Fire Code, and other adopted standards based on risk (e.g., seismic hazards, flooding),type of occupancy, and location (e.g., floodplain, fault).
1 1-7 Continue to evaluate areas to determine levels of earthquakerisk. 1 1-8 Continue to discourage construction and grading on slopes in excess of 30% 1 1-9 Request Federal and State financial assistance to implement corrective seismic safety measures required for existing County buildings and structures. 1 1-10
Do not permit any structure for human occupancy to be placed within designated Earthquake Fault Zones (pursuant to and as determined by the Alquist-Priolo Earthquake Fault Zoning Act; Public Resource code, Chapter 7.5) unless the specific provision of the Act and Title 14 of the California Code of Regulations have been satisfied.
1 1-11
Discourage the location of new schools in areas designated for agriculture, unless the School District agrees to the construction and maintenance of all necessary infrastructure impacted by the project.
1 1-43
Continue to create, revise, and maintain emergency plans for the broad range of natural and human-made disasters
and response activities that could foreseeably impact the County. This shall include, but not be limited to, flooding, dam failure, extreme weather, evacuation/transportation, mass care and shelter, and animal evacuation and sheltering.
1 1-60
Seismically retrofit or replace County and local ramps and bridges that are categorized as structurally deficient by Caltrans, are located in high ground shaking areas, and/or are necessary for first responders to use during and/or immediate after a disaster or emergency.
2 2-1
Continue to promote awareness and education among residents regarding possible natural hazards, including soil conditions, earthquakes, flooding, fire hazards, and emergency procedures.

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Goal Strategy
Number Mitigation Strategy
4 4-3
Coordinate emergency response with local, State, and Federal governmental agencies, community organizations, volunteer agencies, and other response partners during emergencies or disasters using the California Standard Emergency Management System and the National Incident Management System.
4 4-4
Participate in established local, State, and Federal mutual aid systems. Where necessary and appropriate, the County shall enter into agreements to ensure the effective provision of emergency services, such as mass care, heavy rescue, hazardous materials, or other specialized function.
5 5-2
Require, where feasible, road networks (public and private) to provide for safe and ready access for emergency equipment and provide alternate routes for evacuation.

7.4 Drought Risk Assessment
10635(b) Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following…
(3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. [Emphasis added] (4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.

CWC Section 10635(b) is a new requirement for the 2020 UWMPs where suppliers are required to prepare a DRA with descriptions of data and methods used, basis for the supply shortage conditions, determination of the reliability of sources, and a comparison of the total water supplies and uses during the drought. The DRA will be submitted every five years in addition to conducting an annual water supply and demand assessment. Evaluation for the DRA is based on the five dry years with consideration of climate changes, regulations, and other local criteria. In the event of stressed hydrologic conditions, suppliers will consider management of their water supplies in relation to customer usage, identify potential system vulnerabilities, and provide explanations of assumptions and decisions on which the analysis was based.

A summary of the City’s water supply drought risk assessment from 2021 through 2025 is summarized in Table 7.6. As discussed, the City presently and historically has met all of their demands from groundwater and actively uses surface water allocations for groundwater recharge. Groundwater recharge is not assumed to be a WSCP planned action since it’s the City’s status quo.Additionally, the City is still well below their sustainable yield value as indicated in the ETGSP therefore there is sufficient supply to meet anticipated demands within the next five years. The DRA report is included in Appendix J, which included additional details regarding potential supply vulnerabilities.

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Table 7.6 Five-Year Drought Risk Assessment Tables to Address CWC Section 10635(b) 2021 Total
Gross Water Use 3,738
Total Supplies 7,882
Surplus/Shortfall withoutWSCP Action 4,144
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 4,144
2022 Total
Gross Water Use [Use Worksheet] 3,832
Total Supplies [Supply Worksheet] 7,837
Surplus/Shortfall withoutWSCP Action 4,005
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 4,005
2023 Total
Gross Water Use [Use Worksheet] 3,927
Total Supplies [Supply Worksheet] 7,856
Surplus/Shortfall w/o WSCP Action 3,928
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 3,928
2024 Total
Gross Water Use [Use Worksheet] 4,026
Total Supplies [Supply Worksheet] 7,791
Surplus/Shortfall withoutWSCP Action 3,665
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 3,665
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2025 Total
Gross Water Use [Use Worksheet] 4,126
Total Supplies [Supply Worksheet] 7,215
Surplus/Shortfall withoutWSCP Action 3,089
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 3,089

7.5 Regional Supply Reliability
10620 (f) an urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions.

As described in Chapter 6, the City does not utilize imported water within its service area for domestic use. The City uses imported surface water only for groundwater recharge. In the near future, the City intends to utilize imported surface water exchanges with recycled water for groundwater augmentation projects. Currently, negotiations and agreements with nearby irrigation districts have not been initiated. The future groundwater recharge efforts by the City are intended to reduce the impacts to the groundwater basin from over drafting conditions and to increase the reliability of the groundwater basin for continued use by the City in the future.

The potential to utilize the surface water received via exchanges may also be utilized for a surface water treatment facility in the future by the City to further diversify their water supply portfolio.

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CH 8 WATER SHORTAGE CONTINGENCY PLAN | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 8-1
Chapter 8

WATER SHORTAGE CONTINGENCY PLAN
In response to the severe drought of 2012-2016, new legislation in 2018 created a Water Shortage Contingency Plan (WSCP) mandate replacing the water shortage contingency analysis under former law. The new requirements are more prescriptive to drive consistency throughout California.

The City has an existing Water Conservation Plan (WCP), which serves as theWSCP and is a stand-alone document. The WCP is included in Appendix I of this Urban Water Management Plan (UWMP). Because the WSCP is separate from the UWMP, it can be amended as needed without amending the 2020 UWMP.

To fulfill the requirements of California Water Code (CWC) § 10632, the WSCP includes the following required elements in addition to details unique to the City’s supply, location, and service area characteristics:
• Water Supply Reliability and Drought Risk Assessment. • Annual Water Supply and Demand Assessment Procedures. • Six Standard Water Shortage Levels.
• Shortage Response Actions.
• Communication Protocols.
• Compliance and Enforcements.
• Legal Authorities.
• Financial Consequences of WSCP Activation.
• Monitoring and Reporting.
• WSCP Refinement Procedures.
• Special Water Feature Distinction.
• Plan Adoption, Submittal, and Availability.

8.1 Water Supply Reliability and Drought Risk Assessment A Drought Disk Assessment (DRA), which includes the following components, is considered as part of the water supply reliability assessment:
• Description of the data, methodology, and basis for the supply shortage conditions for a drought period lasting five consecutive water years, starting from the year following the assessment year.
• Determination of the reliability of each water supply source under a variety of water shortage conditions.
• Total available water supply sources compared with total projected water use for the drought period.
• Considerations of historical drought hydrology, plausible changes to projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.

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Chapter 7 of the UWMP provides a DRA based on five consecutive dry years from 2021 through 2025.The DRA shows that the highest projected demand for both the single dry year and multiple dry year scenarios was 6,728 MG in 2040. With the City’s continuous groundwater recharge activities, passive water conservation efforts already implemented in their conservation mandates, and the anticipated expansion of their surface water allocation with the upgrade of their existing WWTP to produce recycled water for unrestricted agricultural use, the City’s supply portfolio is well beyond the projected demand and falls within their anticipated sustainable yield of 5,655 MG. The City presently and historically has met all their demands from groundwater.

Additionally, the City is still well below their sustainable yield value and actively augments their supply by groundwater recharge. There is sufficient supply to meet projected demands within the next five years. The DRA report, included in Appendix J of the UWMP, includes additional details regarding potential supply vulnerabilities.

8.2 Annual Water Supply and Demand Assessment Procedures 10632.1An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan… 10632(a)(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following… As required by CWC § 10632.1, the City must conduct a Water Supply and Demand Assessment (Annual Assessment) and must submit an annual Water Shortage Assessment Report (WSAR) based on that Annual Assessment on or before July 1 of each year starting in 2022. The focus of the Annual Assessment is based on actual forecasted near-term water supply conditions (over the next 12 months) to ensure appropriate shortage response actions are triggered in a timely manner with expected outcomes. The annual WSAR must contain information on any anticipated shortages, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP. The Annual Assessment will be conducted using the procedures and methods detailed in Appendix Q of the Department of Water Resources (DWR) UWMP guidance document. As required by CWC § 10632(a)(2), the procedures must include the elements detailed in the following sections.

8.2.1 Decision-Making Process
The City’s decision-making process for determining water supply reliability each year will be included in the WSAR:

1. City staff makes the determination that water supply conditions warrant a change in water shortage level.

2. City staff presents a request to the City Council for their approval of the change in water shortage level.

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3. City staff monitors production capacity in order to make a determination on recommendations for moving from one water shortage level to the next. The decision to change water shortage levels will be based on a combination of surface water supplies, weather conditions, trends in water usage, groundwater levels, and well yield.

4. If efforts to reduce consumption in one water shortage level are not sufficient, then the next water shortage level is implemented. This progression continues until the highest water shortage level is reached.

8.2.2 Data Inputs and Water Supply Reliability Assessment Methodology The following data inputs and assessment methodologies used to evaluate the City’s water supply reliability for the current year and one dry year will be included in the WSAR. • Current Year Unconstrained Demand - Procedures for determining anticipated customer water needs for the current year considering factors like weather, growth, and policies to manage current supplies. This matches the methodology presented in Chapter 4 of the UWMP for projecting demand and allows for real-time adjustments to account for weather, prior-year conditions, anticipated new demands, land use, and customer use patterns.
• Current Year Available Supply - Procedures for evaluating current year available water supply considering factors like groundwater recharge, hydrological and regulatory conditions in the current year and one dry year, hydrologic forecasting, and restrictions based on prior year availability and use. Each year’s assessment is informed by characterizations in Chapter 6 of the UWMP.
• Infrastructure Capabilities and Constraints - Procedures to evaluate how existing capabilities and constraints may affect ability to deliver supplies to meet expected customer use needs in current year and one dry year. This would include anticipated capital projects to add capacity, or upcoming repairs or maintenance that may constrain capabilities, for example.
• Locally Applicable Criteria and Other Factors - Local criteria and how the City use it for the Annual Assessment; Local factors that can influence or disrupt supplies.

8.2.3 Description and Quantification of Each Water Supply Source Chapter 6 of the UWMP provides a detailed description of the City’s existing water supply and estimated future water supply sources over the next 20 years. The City’s sole source of water supply is strictly groundwater. The City has historically relied on groundwater wells to supply its drinking water distribution system. The City has 36 active wells that are currently in service and are located throughout the City. The City’s groundwater supply is summarized in Table 8.1.

Table 8.1 Retail: Groundwater Volume Pumped (MG)
Groundwater Type Location or Basin Name 2016 2017 2018 2019 2020 Alluvial Basin Tule Subbasin 3,222 3,345 3,515 3,422 3,647 Total 3,222 3,345 3,515 3,422 3,647
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 8 WATER SHORTAGE CONTINGENCY PLAN The City’s water supply is quantified by adding sustainable yield plus groundwater recharge.

The City has plans to produce recycled water that it will both use for landscape irrigation and provide to nearby irrigation districts in exchange for surface water from the Friant-Kern Canal. It is the City’s expectation that the exchange rate will be 1:1. Surface water from the Friant-Kern Canal may then be used as recharge water in the City’s infiltration basins, or it may be source water for a future surface water treatment plant. Recycled water annual average daily flows (AADF) are projected to be 7.26 million gallons per day (MGD) in the year 2032 and 8.84 MGD in the year 2040.

8.3 Six Standard Water Shortage Levels
10632(a)(3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use… As required by CWC § 10632(a)(3), the WSCP must include six standard water shortage levels representing shortages compared with normal reliability. The shortage levels are standardized to provide consistency regionally and statewide in response to the severe statewide drought of 2011-2017 and theresulting uncertainty associated with many different local definitions of water shortage stages. The six standard water shortage levels correspond to Up to 10%, up to 20%, up to 30 percent, up to 40 percent, up to 50 percent, and greater than 50 percent shortage in water supplies compared to demands under normal conditions.

These shortage levels are defined based on theCity’s water supply conditions including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels also apply to catastrophic interruption of water supplies, including, but not limited to, power outages, earthquakes, and other potential emergencies.

In concept,the six shortage levels represent an increasing gap between normal water supplies and normal customer water use. For example, the City may meet its anticipated customerwater use with 100 percent ofits available supply. At a 10 percent shortage level, the City must show its normally available supply is reduced by 10 percent and then identify locally appropriate shortage response actions (detailed further in Section 8.4) that would address theresulting gap.

The normally expected water supply and water use is characterized in Chapters 4 and 7 of the UWMP. Since use and supply typically vary monthly and seasonally, theshortage evaluation is on a monthly and/or seasonal basis.

An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement by developing and including a crossreference relating its existing categories to thesix standard water shortage levels, also known as a “crosswalk". The City has elected to keep the previously established five water shortage phases from their WCP and add a sixth stage to classify supply shortage greater than 50%. A crosswalk between the City’s stages and DWR’s standard levels is shown in Figure 1. 8-4 | JANUARY 2022 | DRAFT FINAL
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Figure 8.1 Crosswalk between WCP Phases and Standard WSCP Levels CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 8 WATER SHORTAGE CONTINGENCY PLAN 8-6 | JANUARY 2022 | DRAFT FINAL

8.4 Shortage Response Actions
10632(a)(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.

CWC § 10632(a)(4) requires that the WSCP include locally appropriate shortage response actions that align with the six defined water shortage levels. The specific response actions depend on the severity of the shortage levels, local conditions, and are based on a quantitative analysis of the effectiveness of each action.

These shortage response actions must include at a minimum the following:
• Supply augmentation.
• Demand reduction.
• Operational changes.
• Additional mandatory restrictions (in addition to state-mandated prohibitions). • Estimate of shortage response action effectiveness.

Table 8.2 lists the shortage response actions along with an estimate of the extent to which each shortage response action will reduce the gap between water supply and water demand. The expected magnitude of effectiveness or reduction benefit from a given action is based on water use changes that have occurred in response to implementing water shortage actions in the past.

Additionally, throughout all the shortage response actions the City continues to augment their groundwater supply surface water allocations become available year round.

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Table 8.2 WSCP Water Shortage Levels, Shortage Response Actions, and Estimated Magnitude of Benefit Water
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
(Narrative Description) Estimated Magnitude of Benefit
1 Up to 10%
Operational Changes
• City Watering Schedule – City parks, median islands, and public facility landscaping will be watered during late night or early morning hours to the greatest extent possibleand will be watered on alternating days rather than every day.
• City Landscaping – All new landscaping projects undertaken by the City will incorporate conservation design.
• Non-Peak Fire Hydrant Testing – The City's fire hydrant testing program will be scheduled during nonpeak water usage times to the greatest extent possible without impairing the integrity of the City's fire protection service.

The City’s standard practice to is to operate within Water Shortage Levels 3 and 4 to maintain water conservation throughout the year. The estimated magnitude of benefit for Levels 1 and 2 Shortage Response Actions is negligible because the Shortage Response Actions for Levels 3 and 4 generally supersede those of Levels 1 and 2.

Demand Reduction Actions
• Public Information Program – Coordination with local news media; distribution of materials to residents, businesses, and industries; participation in Water Awareness Month (May); coordination with local schools; list of low-water trees and plants as well as Lawn and Landscape Water Guides made available upon request.
• Project Review Committee – The City’s Project Review Committee (PRC) will evaluate the water conservation efforts of all new development projects. The goal is to encourage developers to voluntarily reduce water consumed in the project.In addition, City staff will familiarize the developer with the concept of xeriscaping, combining creative landscaping and efficient irrigation to save water and promote attractive alternatives to traditional, high water use landscapes. • Voluntary Three-Day Odd/Even Watering Schedule – To minimize water usage, the public is encouraged to water their lawns and landscaping according to the following schedule.Addresses ending in an odd number water on Tuesday, Thursday, and Saturday, and addresses ending in an even number water on Wednesday, Friday, and Sunday. There is no watering on Monday. Watering should be avoided between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM. • No Watering after Rainfall – Advise against outdoor watering within forty-eight (48) hours of a measurable rainfall 1.

Mandatory Restrictions (in Additional to State-Mandated Prohibitions) • No mandatory restrictions or prohibitions at Water Shortage Level 1.

Supply Augmentation Actions
• Ongoing surface water recharge from the Porter Slough Ditch Company, Pioneer Water Company, and allocation agreement with Porterville Irrigation District.

Surface water allocation is expected to be 100% at this level. 1 Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.

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Water
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
(Narrative Description) Estimated Magnitude of Benefit
2 Up to 20%
Operational Changes
• Continuation of all operational changes established in Water Shortage Level 1. • Three-Day City Watering Schedule – A three-day water schedule will be adopted for all City parks, median islands, and public facility landscaping.
• Water System Pressure Reduction – Water use for nonessential activities may be deferred due to the pressure reduction in the City’s water system during high usage periods.

The City’s standard practice to is to operate within Water Shortage Levels 3 and 4 to maintain water conservation throughout the year. The estimated magnitude of benefit for Levels 1 and 2 Shortage Response Actions is negligible because the Shortage Response Actions for Levels 3 and 4 generally supersede those of Levels 1 and 2.

Demand Reduction Actions
• Continuation of all demand reduction actions established in Water Shortage Level 1. • Public Information Program – The City will pursue a more aggressive distribution of information to promote awareness of the need to conserve water with an emphasis on the change from Water Shortage Level 1 (Voluntary) to 2 (Mandatory). Public education on the mandatory watering schedule. • Restaurants – Notices will be sent to all restaurants within city limits requesting support of water conservation efforts by serving water to customers upon request only. • Leak and Water Waste Detection – City staff will continue to audit water usage and report evidence of leaks or water waste for immediate action with an emphasis on coordinated community efforts to reduce water waste.
• “Waste of Water Notices – City staff will be equipped to issue “Waste of Water” notices to consumers identified as misusing water.

Mandatory Restrictions (in Additional to State-Mandated Prohibitions) • Three-Day Odd/Even Watering Schedule – The City of Porterville will enforce a three-day odd/even landscape watering schedule for all residents, businesses, and industries. Addresses ending in an odd number shall water on Tuesday, Thursday, and Saturday, and addresses ending in an even number shall water on Wednesday, Friday, and Sunday. There is no watering on Monday. Watering shall only occur on designated watering days. Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM.
• No Watering after Rainfall – Outdoor watering within forty-eight (48) hours of a measurable rainfall2 is prohibited.
• Vehicle Washing – Washing of automobiles, trucks, trailers, boats, & airplanes is only permitted on designated watering days. Such washing, when allowed, shall be done either by automatic car washes that recycle water or with a handheld bucket, or handheld hose equipped with a positive shutoff nozzle for quick rinses.
• Sidewalk Hosing and Excessive Runoff Prohibited – The washing of sidewalks, driveways, parking areas, patios or other paved areas is prohibited, unless it is necessary for the health and safety of the public.Per Section 25-32A.26of the City Municipal Code, “…property owners and residents shall use reasonable care to prevent the waste of water. Water shall not be allowed to run or waste from a property onto streets or highways, and shall not be used to wash sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
• Ornamental Water Features – Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.The operation of ornamental fountains or other structure making similar use of water is prohibited unless the fountain uses a recycling or recirculating system.

Supply Augmentation Actions
• Ongoing surface water recharge described in Water Shortage Level 1. Surface water allocation is expected to be 100% at this level. 2 Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.

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Water
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
(Narrative Description) Estimated Magnitude of Benefit
3 Up to 30%
Operational Changes
• Continuation of all operational changes established in Water Shortage Levels 1 and 2 • Two-Day City Watering Schedule – A two-day water schedule will be adopted for all City parks, median islands, and public facility landscaping. If it becomes necessary, watering of City parks and median islands will be suspended and evaluated each day.
• Water Leaks – All leaks must be treated as a priority upon discovery and repaired at the safest scheduled opportunity.
• Citations and Fines – Per Section 25-32A.24 of the City Municipal Code, Non-compliance with the City of Porterville’s water conservation regulations will result in one written warning from the City of Porterville before the issuance of a citation. A second violation within a 12-month period will result in the issuance of a citation with a fine of $100.00; a second citation will result in a fine of $200.00; a third citation will result in a fine of $500.00. Willful and egregious violations will result in issuance of a citation without a warning. Each day that a violation continues shall be regarded as a new and separate offense.

The City operates at Level 3 during the dry season (approximately June 1 to November 30) and Level 4 during the wet season (approximately December 1 to May 30). The primary Shortage Response Action associated with the transition from Water Shortage Level 2 to 3 is a reduction in outdoor water use from three days per week to two days per week. The magnitude of benefit for the City’s Shortage Response Actions for Water Shortage Level 3 is approximately a 25% reduction in per-capita water use.

Demand Reduction Actions
• Continuation of all demand reduction actions established in Water Shortage Levels 1 and 2 • Public Information Program – The utility billing system will begin to notify customers of restrictions on water use. The program to promote public awareness will be intensified with emphasis placed on communicating the mandatory water conservation requirements to the public.

Mandatory Restrictions (in Additional to State-Mandated Prohibitions) • Continuation of all mandatory restrictions established in Water Shortage Level 2 • Two-Day Odd/Even Watering Schedule – The City of Porterville will enforce a two-day odd/even landscape watering schedule for all residents, businesses, and industries. Addresses ending in an odd number shall water on Tuesday and Saturday, and addresses ending in an even number shall water on Wednesday and Sunday. There is no watering on Monday. Watering shall only occur on designated watering days. Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM.

Supply Augmentation Actions
• Ongoing surface water recharge described in Water Shortage Level 1. Surface water allocation is expected to be 80% at this level. 4 Up to 40%
Operational Changes
• Continuation of all operational changes established in Water Shortage Levels 1, 2, and 3 • One-Day City Watering Schedule – A one-day water schedule will be adopted for all City parks, median islands, and public facility landscaping. If it becomes necessary, watering of City parks and median islands will be suspended and evaluated each day.

The City operates at Level 4 during the wet season (approximately from December 1 to May 30) and Level 3 during the dry season (approximately from June 1 to November 30). Reduced temperatures and increased rainfall lessen the need for landscape irrigation, thus decreasing water demand. The primary Shortage Response Action associated with the transition from Water Shortage Level 3 to 4 is a reduction in outdoor water use from two days per week to one day per week. The magnitude of benefit for the City’s Shortage Response Actions for Water Shortage Level 3 is approximately a 50% reduction from Level 3 per-capita water use.

Demand Reduction Actions
• Continuation of all demand reduction actions established in Water Shortage Levels 1, 2, and 3 Mandatory Restrictions (in Additional to State-Mandated Prohibitions) • Continuation of all mandatory restrictions established in Water Shortage Level 2 • One-Day Odd/Even Watering Schedule – The City of Porterville will enforce a one-day odd/even landscape watering schedule for all residents, businesses, and industries. Addresses ending in an odd number shall water on Tuesday, and addresses ending in an even number shall water on Sunday.

Watering shall only occur on designated watering days. Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM.

Supply Augmentation Actions
• Ongoing surface water recharge described in Water Shortage Level 1. Surface water allocation is expected to be 75% at this level.

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Water
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
(Narrative Description) Estimated Magnitude of Benefit
5 Up to 50%
Operational Changes
• Continuation of all operational changes established in Water Shortage Levels 1, 2, 3, and 4 • City Watering Suspended – Water of all City parks, median islands, and public facility landscaping will be suspended and evaluated each day.

Suspending all outdoor water use results in a total reduction of 40 to 50% of supply ultimately reducing theoverall total water demand. The percapita water demand will decreaseto approximately 40% less than Level 4 per capita demands
Demand Reduction Actions
• Continuation of all demand reduction actions established in Water Shortage Levels 1, 2, 3, and 4.

Mandatory Restrictions (in Additional to State-Mandated Prohibitions) • Continuation of all mandatory restrictions established in Water Shortage Level 2 • Lawn and Landscaping Watering Prohibited – The City of Porterville will enforce a prohibition on lawn and landscape watering for all residents, businesses, and industries.

Supply Augmentation Actions
• Ongoing surface water recharge described in Water Shortage Level 1. Surface water allocation is expected to be 50% at this level. 6 Greater than
50%
Operational Changes
• Continuation of all operational changes established in Water Shortage Levels 1, 2, 3, 4, and 5 • Rate Structure Enhancement – A 20% water rate increase on all residential and landscape accounts will go into effect. This rate increase will encourage water conservation and will also serve as a provision to recover the lost revenues from water conservation.

The City has never implemented an emergency water rate increase as a result of a water shortage. Therefore, there is no data to support an estimated magnitude of benefit for Water Shortage Level 6. It is anticipated that with the significant reduction of water use from Levels 2 through 5, any reduced demand caused by increasing water rates would not provide a significant water use benefit compared to Levels 2 through

5. Demand Reduction Actions
• Continuation of all demand reduction actions established in Water Shortage Levels 1, 2, 3, 4, and 5 Mandatory Restrictions (in Additional to State-Mandated Prohibitions) • Continuation of all mandatory restrictions established in Water Shortage Level 2 Supply Augmentation Actions
• Ongoing surface water recharge described in Water Shortage Level 1. • In case of emergency Level 6 shortages, the City will considerthe moving to full tertiary, adding advanced treatment, and a making a temporary connection to Friant water for non-potable supply.

Surface water allocation is expected to be 50% at this level.

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8.4.1 Eastern Tule Groundwater Sustainability Plan (GSP) Chapter 6 of the UWMP references the Eastern Tule Groundwater Sustainability Plan (GSP) with respect to groundwater management actions to be taken by the City to meet groundwater sustainable yield goals in response to overdraft conditions.Supply augmentation, demand reduction, and operational changes are already integrated into the criteria that the City seeks to achieve in their pursuit of the GSP’s sustainable yield goals. While Chapter 6 of the UWMP lists groups of management actions that the City will consider implementing to reach their sustainability goals, the WSCP lists specific actions with quantifiable benefits for each water shortage level.

8.4.2 Water Conservation Plan (WCP)
Section 25-32A.27 of the City Municipal Code states the following:
“The city council has adopted by resolution its water conservation plan which sets forth water conservation phases and conservation measures including mandatory restrictions on water usage by property owners and water consumers. Violation of the measures in effect, currently and as may be amended by resolution from time to time, pursuant to the applicable phase of the water conservation plan, shall be enforceable as set forth per any applicable remedy provisions in this code, including, but not limited to, sections 1-9 and 1-10 of this code, and chapter 2, article XIV of this code, and/or this division. The city's water conservation plan is deemed to be the city's "water shortage contingency plan" as per applicable state law. (Ord. 1830, 11-17-2015)”
The City’s existing WCP lists actions to be taken by the City for different water conservation phases. To meet the requirements of CWC § 10632(a)(4), these are realigned by a crosswalk with the six standard water shortage levels and adapted to include the minimum shortage response actions listed in Table 8.2.

8.4.3 Emergency Response Plan
In addition to the Shortage Response Actions listed in Table 8.2, the WSCP includes a description of how catastrophic shortages are tied to the water shortage levels. Catastrophic shortages caused by temporary disruptions to water supply and the City’s response actions to these shortages may already be adequately address in the City’s Emergency Response Plan (ERP).

Although the City does not have its own formal Emergency Response Plan (ERP) to address catastrophic interruptions in water supply, the shortage response actions listed in Table 2 could be used to reduce consumption following a temporary disruption to water supply. In addition, the City has back-up generators for their supply wells that can be employed in the event of a power outage.

The City was a participant in the coordinated preparation of the March 2018 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP). The MJLHMPassesses the natural, technological, and human-caused risks to participating communities and proposes mitigation strategies to reduce the potential impact of the hazards. The 5 goals of the MJLHMP are listed below:

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 8 WATER SHORTAGE CONTINGENCY PLAN • Goal 1: Protect life, property, and reduce potential injuries from natural, technological, and human-caused hazards.
• Goal 2: Improve public understanding, support and need for hazard mitigation measures.
• Goal 3: Promote disaster resistance for the County’s natural, existing, and future built environment.
• Goal 4: Strengthen partnerships and collaboration to implement hazard mitigation activities.
• Goal 5: Enhance the County’s ability to effectively and immediately respond to disasters.

In July 2021, the City submitted a Risk and Resilience Assessment (RRA) report to comply with America’s Water Infrastructure Act (AWIA) requirements. The RRA report includes a summary of best practices for reducing risk, a list of critical assets with their identified risks from malevolent threats and natural hazards, and an assessment of the City’s resilience level.

8.4.4 Seismic Risk Assessment and Mitigation Plan
Per CWC § 10632.5, a seismic risk assessment and mitigation plan is required to assess the vulnerability of the City’s water system facilities to seismic risks and to mitigate those vulnerabilities.

The MJLHMP identifies vulnerabilities to earthquakes in Tulare County and provides mitigation goals and actions for seismic risks for participating communities. The seismic risk mitigation measures and corresponding hazard mitigation goals listed in the MJLHMP are detailed in Chapter 7 and Appendix H ofthe UWMP. The MJLHMP is included in Appendix L. The City’s RRA report also assesses the vulnerability of the City’s water supplies to seismic risk.

8.5 Communication Protocols
10632 (a)(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.

As required in CWC § 10632(a)(5), the WSCP includes protocols and procedures for communicating with different stakeholders in the event of thedifferent water shortage levels as part of the WSCP implementation. The communications protocols includethe mechanisms used to inform customers, the general public, and interested parties as wells a local, regional, and state government entities. Communication mechanisms may include social media posts, bill stuffers or newsletters, press releases, radio spots, television coverage, and blog posts.

The decision-making process described in Section 8.2 triggers specific communications protocols to address each of thesix standard shortage levels, with a focus on communicating the shortage response actions, which are derived from theresults of theAnnual Assessment.

Emergency communications protocols are also included to address earthquakes, fires, infrastructure failures, civil unrest, and other catastrophic events. The City also participates in Reverse 911, an emergency alert system that sends text alerts directly to phones in Tulare County.Table 8.3 lists the communication protocols for the six standard water shortage levels. 8-16 | JANUARY 2022 | DRAFT FINAL
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Table 8.3 Communications Protocols
Water
Shortage
Level
Percent
Shortage
Range
Communication Protocol
1 Up to 10%
• Coordination with local news media on the water shortage level and ways that the public can conserve water
• Distribution of materials to residents, businesses, and industries on the results of the Annual Assessment, Shortage Response Actions triggered by the Annual Assessment and WSAR, and ways that the public can conserve water
• Participation in Water Awareness Month (May)
• Coordination with local schools to educate students on local water issues and conditions and ways that they can conserve water
• Coordination with local nurseries to provide list oflow-water trees and plants
• Lawn and Landscape Water Guides made available upon
request
• Communicate with developers on water conservation and xeriscaping
• Advise against outdoor watering within forty-eight (48) hours of a measurable rainfall (1)
• See the process for escalating the water shortage level in Section 8.2.1.
2 Up to 20%
• Continuation of all communication protocols in Water
Shortage Level 1
• The City will pursue a more aggressive distribution of information to promote awareness of the need to conserve water with an emphasis on the change from Water Shortage Level 1 (Voluntary) to 2 (Mandatory).
• Public education on the mandatory watering scheduleand all other mandatory restrictions for Water Shortage Level 2. • Notices will be sent to all restaurants within city limits requesting support of water conservation efforts by serving water to customers upon request only.
• City staff will report evidence of leaks or water waste for immediate action with an emphasis on coordinated
community efforts to reduce water waste.
• City staff will be equipped to issue “Waste of Water” notices to consumers identified as misusing water.
3 Up to 30%
• Continuation of all communication protocols in Water
Shortage Levels 1 and 2
• The public information program will be intensified to promote awareness of the need to conserve water with an emphasis on the change from Water Shortage Level 2 to 3.
• Public education on the mandatory watering scheduleand all other mandatory restrictions for Water Shortage Level 3. • All water leaks will be treated as a priority upon discovery and repaired at the safest scheduled opportunity.
• City staff will be equipped to issue citations and fines for noncompliance and violations.

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Water
Shortage
Level
Percent
Shortage
Range
Communication Protocol
4 Up to 40%
• Continuation of all communication protocols in Water
Shortage Levels 1, 2, and 3.
• The public information program will be intensified to promote awareness of the need to conserve water with an emphasis on the change from Water Shortage Level 3 to 4.
• Public education on the mandatory watering scheduleand all other mandatory restrictions for Water Shortage Level 4. • Communicate with developers on mandatory water
conservation and xeriscaping
5 Up to 50%
• Continuation of all communication protocols in Water
Shortage Levels 1, 2, 3, and 4.
• The public information program will be intensified to promote awareness of the need to conserve water with an emphasis on the change from Water Shortage Level 4 to 5.
• Public education on the mandatory watering scheduleand all other mandatory restrictions for Water Shortage Level 5. 6 Greater than
50%
• Continuation of all communication protocols in Water
Shortage Levels 1, 2, 3, 4, and 5.
• The public information program will be intensified to promote awareness of the need to conserve water with an emphasis on the change from Water Shortage Level 5 to 6.
• Public education on the mandatory watering schedule and all other mandatory restrictions for Water Shortage Level 6.

Notes:
(1) Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.

8.6 Compliance and Enforcement
10632 (a)(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.

As required by CWC § 10632(a)(6), the WSCP includes a description of actions the City will take to ensure compliance with and enforcement of the prescribed shortage response actions and mandatory restrictions detailed in the WSCP. This section describes the actions the City will take to ensure compliance with and enforcement of the prescribed shortage response actions and mandatory restrictions. Table 8.4 lists the compliance and enforcement actions for the six standard water shortage levels.

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Table 8.4 Compliance and Enforcement Actions
Water
Shortage
Level
Percent
Shortage
Range
Compliance and Enforcement Actions
1 Up to 10%
• City operational changes and public information program only.No enforcement actions triggered for Water Shortage Level 1.
• Voluntary watering schedule and advisement against outdoor watering within 48 hours of a measurable rainfall (1).
• PRC to coordinate with developers on voluntary water
conservation and xeriscaping.
2 Up to 20%
• City staff will be equipped to issue “Waste of Water” notices to consumers identified as misusing water.
• Mandatory restrictions for Water Shortage Level 2.
3 Up to 30%
• Continuation of compliance enforcement actions for Water Shortage Level 2.
• Per Section 25-32A.24 of the City Municipal Code, Noncompliance with the City of Porterville’s water conservation regulations will result in one written warning from the City of Porterville before the issuance of a citation. A second violation within a 12-month period will result in the issuance of a citation with a fine of $100.00; a second citation will result in a fine of $200.00; a third citation will result in a fine of $500.00.

Willful and egregious violations will result in issuance of a citation without a warning. Each day that a violation continues shall be regarded as a new and separate offense.
4 Up to 40%
• Continuation of compliance enforcement actions for Water Shortage Levels 2 and 3.
• Mandatory restrictions for Water Shortage Level 4.
5 Up to 50%
• Continuation of compliance enforcement actions for Water Shortage Levels 2, 3, and 4
• Mandatory restrictions for Water Shortage Level 5.
6 Greater than
50%
• Continuation of compliance enforcement actions for Water Shortage Levels 2, 3, 4, and 5.
• Mandatory restrictions for Water Shortage Level 6.
• Rate Structure Enhancement – A 20% water rate increase on all residential and landscape accounts will go into effect.This rate increase will encourage water conservation and will also serve as a provision to recover the lost revenues from water conservation.

Notes:
(1) Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.

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8.7 Legal Authorities
10632 (a)(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.

This section lists all relevant statutory authorities, local ordinances, codes, resolutions, and water supply contract provisions that give the City legal authority to implement and enforce the shortage response actions listed in Table 8.2 and enforce them pursuant to the actions listed in Table 8.4.

Relevant Municipal Code sections:
• 25-32A.2 – Applicability to landscape projects.
• 25-32A.4 – Compliance with landscape documentation package. • 25-32A.12 – Irrigation scheduling.
• 25-32A.13 – Landscape and irrigation maintenance schedule. • 25-32A.23 – prescriptive compliance option.
• 25-32A.24 – penalties.
• 25-32A.26 – wasteful use of water prohibited.
• 25-32A.27 – WCP.
• 2-144 – Civil/Administrative Fines and Administrative Costs.

In the event of a water shortage emergency, the City shall declare a water shortage emergency in accordance with CWC Chapter 3 (commencing with Section 350) of Division 1 general provision regarding water shortage emergencies. The City shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency under California Government Code, California Emergency Services Act (Article 2, Section 8558).

8.8 Financial Consequences of WSCP Activation
10632 (a)(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following: (A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.

The WSCP includes a description of potential reductions in revenue and increased expenses associated with the implementation of the shortage response actions described in Section 8.4 coupled with anticipated mitigation actions needed to address these financial impacts.

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The City bills most of its customers on a volumetric basis. As a result, conservation measures, which aim to reduce water consumption, can also reduce revenue for the City. Significant water conservation during droughts can have a major impact on City revenues. Although the City would have lower water production costs with lower water deliveries, they also have considerable fixed and overhead costs that are the same for any volume of water delivered. As a result, conservation measures need to be coupled with rate adjustments to ensure that the water system is financially sustainable.

The City’s current WCP includes a ͮͬ% water rate increase on all residential and landscape accounts for the Phase V, or critical water supply shortage scenario. The higher unit rate is intended to discourage use, but it will also help to offset the revenue lost from selling a lower volume of water. The suitability of this ͮͬ% increase is not yet known, and it needs to be tested during a single‐year and multi‐year drought. If, in the future, the ͮͬ% price increase is found to be inadequate, the City will reevaluate the increase and modify it accordingly.

It is anticipated that implementation of the WSCP will not have a large impact on expenditures or revenues. No additional costs are expected for billing or operations. Existing City staff will provide the personnel needed to implement the plan and enforce water conservation measures.

It is likely that higher expenditures will be needed for public information programs, but these will probably be small compared to the total City water budget. Fines for water waste are a source of revenue, and they typically increase during droughts. However, the revenues from fines are also small compared to the overall City water budget.

The compliance and enforcement actions detailed in Section ʹ.Ͳ include a description of the fines associated with non‐compliance with the water shortage response actions.

8.9 Monitoring and Reporting
ͭͬͲͯͮ (a)(͵) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.

The WSCP includes a description of how the City will monitor and report on implementation of its WSCP. Monitoring and reporting is essential to ensure that the shortage response actions are achieving their intended water use reduction purposes. Monitoring can also help the City determine whether improvements or new actions need to be considered. Monitoring for customer compliance tracking is also useful in enforcement actions.

The State Water Board is preparing regulation for monthly reporting of water production, water uses, and enforcement metrics. When finalized, these will be summarized in the WSCP and incorporated by reference.

The City will be able to closely track groundwater pumping and any surface water deliveries on a daily basis. This data will be evaluated weekly to determine the effectiveness of the shortage response actions. Monthly water meter reading will help with compliance monitoring for individual customers.

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8.10 WSCP Refinement Procedures
ͭͬͲͯͮ (a) (ͭͬ) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.

Per the requirements of CWC § ͭͬͲͯͮ(a)(ͭͬ), the WSCP includes a description of how the City will use the results of the monitoring and reporting to evaluate the need for revisions to the WSCP.

This WSCP is a dynamic tool that can be refined as needed to ensure that the shortage response actions are effective and are producing the desired results. Refinements or new actions may be identified and suggested by City staff, customers, or other interested parties. These suggestions will be evaluated by City administration for the possible incorporation into future revisions of the WSCP. If deemed necessary by City administration, these suggestions or revisions may be made to the current WSCP as an amendment so that they may be implemented quickly at the appropriate water shortage levels.

8.11 Special Water Feature Distinction
ͭͬͲͯͮ (b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section ͭͭͱ͵ͮͭ of the Health and Safety Code.

Because pools and spas must use potable water for health and safety considerations, pools and spas are analyzed and defined separately in the WSCP from other water features which may use recycled water. Water features that are not pools or spas are distinguished in the WSCP with the use of terminology such as “decorative water features” or “recreational water features”, and shortage response actions, enforcement actions, and monitoring are prepared for each respectively.

8.12 Plan Adoption, Submittal, and Availability
ͭͬͲͯͮ(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than ͯͬ days after adoption of the water shortage contingency plan.

Chapter ͭͬ of this UWMP describes the process for adoption, submittal, and implementation of the UWMP. These same processes and steps will be followed for the adoption of the City’s WSCP. The City’s WCP currently serves as their WSCP per their municipal code and previous adoption and may be periodically amended independently of the UWMP as needed. The City shall follow their standard amendment process, public adoption hearings, issuance of notices to affected cities, counties, and the public about the adoption process, submittal to DWR, the California State Library, local libraries, and others. The City can also describe how the plan has been made available to all of the cities and counties it serves no later than ͯͬ days after it is adopted.

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8.13 Resources and References
The City may use the following list of resources and references for developing its WSCP:

1. Alliance for Water Efficiency 2020. Use and Effectiveness of Municipal Irrigation Restrictions During Drought. Available at:
https://www.allianceforwaterefficiency.org/impact/our-work/useand-effectivenessmunicipal-irrigation-restrictions-during-drought

2. American Water Works Association (AWWA) 2011. AWWA M60: Drought Preparedness and Response Manual. The AWWA M60, 72 pages. Available at:
https://www.awwa.org/Store/M60-Drought-Preparedness-and-Response-SecondEdition/ProductDetail/75759388

3. AWWA M19: Emergency Planning for Water and Wastewater Utilities. Outline link:

Available at:
https://www.awwa.org/Portals/0/files/publications/documents/M19LookInside.pdf

4. California Department of Water Resources. 2010. California Drought Contingency Plan.

Available at: https://drought.unl.edu/archive/plans/Drought/state/CA_2010.pdf

5. California Department of Water Resources. Draft 2020. Handbook for Water Budget Development. Available at: https://water.ca.gov/-/media/DWR-Website/WebPages/Programs/GroundwaterManagement/Data-and-Tools/Files/Water-BudgetHandbook.pdf

6. California State Water Resources Control Board. Emergency Response Plan Guidance for Public Drinking Water Systems. Available at:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/secu rity/ddw_emergency_guidelines_0215.pdf

7. California Water Efficiency Partnership (CalWEP) 2020. Model Water Shortage Contingency Plans. Available at:
http://toolbox.calwep.org/wiki/Model_Water_Shortage_Contingency_Plans

8. California Public Utilities Commission Drought Procedures Standard Practice U-40-W.

Summarized by CalWEP here: Available at:
http://toolbox.calwep.org/wiki/Model_Water_Shortage_Contingency_Plans#CPUC_Dro ught_Procedures_Standard_Practice_U-40-W Current text of law available at:
http://www.leginfo.ca.gov/cgibin/displaycode?section=wat&group=00001- 01000&file=350-359

9. Vogt, J.V., Naumann, G., Masante, D., Spinoni, J., Cammalleri, C., Erian, W., Pischke, F., Pulwarty, R., Barbosa, P., Drought Risk Assessment. A conceptual Framework. EUR 29464 EN, Publications Office of the European Union, Luxembourg, 2018. ISBN 978-92- 79-97469-4. doi:10.2760/057223, JRC113937; Available at:
https://publications.jrc.ec.europa.eu/repository/handle/JRC113937

10. State of Washington 2011. Guidance Document: Preparing Water Shortage Response Plans. Available at:
https://www.watersupplyforum.org/docs/6/773f6f0d95152843a051c624d028d80d5841d a51/Dept.ofHealth_PreparingWaterShortageResponsePlans1.pdf

11. United Nations Development Programme. 2012. Drought Risk Management:

Practitioner’s Perspectives from Africa and Asia. Available at:
https://catalogue.unccd.int/36_Drought_Risk_Management.pdf CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 8 WATER SHORTAGE CONTINGENCY PLAN 8-24 | JANUARY 2022 | DRAFT FINAL

12. U.S. Environmental Protection Agency. 2015. Planning for an Emergency Drinking Water Supply. Available at: https://www.epa.gov/sites/production/files/2015- 03/documents/planning_for_an_emergency_drinking_water_supply.pdf

13. Whilhite, D. Sivakumar, M., Pulwarty, R. 2014. Managing Drought Risk in a Changing Climate: The role of national drought policy. Weather and Climate Extremes 3: 4-13.

Available at: https://doi.org/10.1016/j.wace.2014.01.002 CH 9 DEMAND MANAGEMENT MEASURES | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL| JANUARY 2022 | 9-1
Chapter 9

DEMAND MANAGEMENT MEASURES
The UWMPA requires that the UWMP involve a comprehensive discussion of the agency’s water conservation measures.
10631 (f)(A)…The narrative shall describe the water demand management measure that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.30. (B) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures:
(i) Water waste prevention ordinances
(ii) Metering
(iii) Conservation pricing
(iv) Public education and outreach
(v) Programs to assess and manage distribution system real loss (vi) Water conservation program coordination and staffing support. (vii) Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measure, if implemented.

This chapter presents details of the demand management measures (DMMs) contained in the UWMPA, as well as the City’s existing and planned efforts to further develop their water conservation program. The City is committed to water conservation and has implemented several policies and on-going programs that promote and encourage water conservation.

The UWMPA was amended in 2014 to streamline DMMs from 14 specific measures to 6 more general requirements and an "other" category. Brief descriptions of the City’s current and planned implementation of DMMs are included in the following sections.

9.1 Water Waste Prevention Ordinances
According to Section 25-32A.26 of the City Municipal Code, “the consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of properties occupied by them.”
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 9 DEMAND MANAGEMENT MEASURES The City has a Water Conservation Plan (WCP) that serves as the City’sWSCP as discussed in Chapter 8. The City has seen positive reduction in water consumption as a result of thewater conservation plan. For example, as a result of the WCP implementation in the 2015UWMP, Figure 7.1 shows the City has seen steady conservation efforts from water usage over the last five years and reduced usage by 27 percent The WCP is implemented by a public hearing to discuss phase transitioning to Porterville City Council and then an official resolution by Council.

Any change in Phase of the WCP requires councilresolution.

For a number of years, theCity has been operating between Phase III and Phase IV of the WCP.

Phase III limits outdoor irrigation to twice a week and Phase IV to once a week. Typically, the City transitions to Phase III in May to allow 2-day watering during the summer months in order to maintain landscaping and will transition to 1-day watering schedules in December. In drier periods, the City tracks groundwater levels on a month to month basis and will recommend transitioning to WCP Phases earlier or later (e.g. 2 day watering schedule in late June and/or 1 day watering schedule inNovember) in the year to increase annual conservation efforts.

9.2 Metering
In 2020 theCity has approximately 98.5 percent of their water connectionsmetered. All metered customers are billed on a volumetric basis and therefore have incentives to conserve water and decrease monthly utility bills. The City continues to require water meters on all new connections for new development.

The City began adding water service meters to residents of East Porterville in 2016 and had a total of approximately 725 metered connections in 2020.The City tracks additional service connections separately in their water meter account.

The City is currently in theprocess of upgrading their water meter program to an advanced meter infrastructure (AMI) system which will create an integrated network that does not require physical efforts for meter data collection and will provide data to a City network at predetermined intervals.

9.3 Conservation Pricing
As of October 1
st
, 2020 theCity has updated their water rates to include a flat rate of $86.54, with a $19.89 minimum and an additional $1.91 per unit of water, where one (1) unit of water is equivalent to 100 cubic feet (748 gallons) of water. The City sewer rates are a flat rate of $26.87 per connection with commercial connections cost dependent on type of use. Phase VI of the City’sWCP includes a 20 percent water rate increase on all residential and landscape accounts to go into effect. This rate increase will encourage water conservation and will also service as a provision to recover the lost revenues from water conservation. Since the adoption of the WCP and with therevised WCP to account for the WSCP, the City has never implemented the 20 percent rate increase as a conservation measure.
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The City municipal Code Section 25-32A.24 includes citations and fines are issued for noncompliance of the City’s water conservation regulations. Non-compliance with the City of Porterville’s water conservation regulations will result in one written warning from the City of Porterville before the issuance of a citation. A second violation within a 12-month period will result in the issuance of a citation with a fine of $100.00; a second citation will result in a fine of $200.00; a third citation will result in a fine of $500.00. Willful and egregious violations will result in issuance of a citation without a warning. Each day that a violation continues shall be regarded as a new and separate offense.

The City has continued to issue citations and fines since the implementation of the WCP since 2015 and plans to continuethis activity in the future.

9.4 Public Education and Outreach
Historically the City uses the following water conservation public information programs since 2015:
• City participation in Water Awareness Month (May).
• Bill stuffers on water conservation.
• News programs on local channels, change in WCP phases advertised as necessary. • Radio commercials in both English and Spanish.
• Booth at the Porterville City Fair and other city evens (Iris Festival etc.) • Water bills that compare current water usage to the previous year’s usage. • Facility tours of the City’s wastewater treatment plants for students. • Advertising through billboards, City transit vehicles, and flyers throughout City property.

The City plans to expand their public education and outreach efforts by including the following items:
• Social media outreach through the City Manager’s office. • Local Newspaper advertisements in addition to the WCP Phase changes. • Advertise on transit vehicles on the Greenpower bus fleet. • Local School district, interns, video shorts.
• City website advertisement.
• Mosquito abatement requirements and recommendations.

9.5 Programs to Assess and Mange Distribution System Real Loss DWR encourages agencies to detect and resolve leaks when economically feasible through reporting and audit mechanisms performed on water distribution systems. Water system audits include an evaluation of the City’s distribution system for leaks and other losses. System losses are quantified as water input minus metered and/or delivered water. The resultant loss is a good indication of a system’s integrity.

The City has performed water systems audits as required and are included in section Chapter 3 of this UWMP. The 2020 AWWA Water Audit is due October 2021.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 9 DEMAND MANAGEMENT MEASURES The City’s water distribution system is completely operated under pressure and as a result older pipes and facilities tend to develop leaks through deteriorated gaskets, seals, and developed cracks. As stated in the 2015 UWMP, a physical system audit is not performed every year, since the production to metered water use is fairly consistent. In all newly constructed water and sewer infrastructure, facilities shall be pressure tested prior to completion to identify any leaks to reduce and cost of physical water system audits.

City staff does perform individual water surveys on individual single and multi-family services at the request of owner. Typically these surveyors are requested when a customer feels their water bill is too high. A typical individual water survey includes the following:

1. Check indoor and outdoor plumbing for leaks.

2. Check irrigation system timers.

3. Evaluate Irrigation water schedule.

4. Flow tests for customer.

5. Recommend various water conservation measures to the customer, such as modifications to their irrigation schedule and retrofitting with water efficient fixtures and appliances.

Division 6 of the City’smunicipal code covers water conservation and efficiency measures required by the City. This section recognizes the importance of landscaped areas for the health of theCity; however themanagement of such areas shall be done in an efficient and water conscious methods to ensure theavailability of adequate supplies of water for futureuses.

As mentioned in Section 9.2, theCity is currently in the beginning stages of upgrading their existing water meter system to an AMI system. The AMI system will provide leak detection monitoring to notifyCity staff if a water meter is leaking or if a water system customer (residential, institutional, commercial, or industrial) has an onsite leak that can be fixed to both lower monthlywater bills and prevent waste.

9.6 Water Conservation Program Coordination and Staffing Support The City’s water conservation program is an ongoing program of public education and being proactive in continuousmonitoring,repairing, and managing the water supplies in conjunction with Stateregulations and surrounding agencies. The City also continues to monitorresidential, commercial and industrial customers through their metering program to ensure all entities in the water service area are complying with conservation measures to assure that thesystem will have adequate supplies in the future. The implementation of the entire program wide is theassumed responsibility of the City’swater superintendent, water systems specialist, and thepublic works director. This has been the case since theimplementation of the WCP in 2015 and the City continues to operate their water conservation program under this structure.

9.7 Other Demand Management Measures
The City does not have any additional demand management measures scheduled to be included in their City-wide water conservation program at this time. 9-4 | JANUARY 2022 | DRAFT FINAL
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9.8 Planned Implementation to Achieve Water Use Targets The City plans on continuing to implement and manage it’s existing water conservation program as described in the previous sections throughout the foreseeable future. In summary, adding to the existing program, the City plans to implement the following programs as mentioned in the previous sections:
• Upgrade of their existing water meter system to an AMI system. • Significant increase in their public outreach and communication efforts. • Continued implementation of the WCP through City staff involvement and leadership from management level staff.

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Chapter 10

PLAN ADOPTION, SUBMITTAL, AND

IMPLEMENTATION
A completed UWMP checklist is included in Appendix A.

10.1 Inclusion of All 2020 Date
The 2020 UWMPs must include the water use and planning data for the entire year of 2020. The City is reporting on a calendar year basis and therefore, 2020 data includes the months of January to December 2020.

10.2 Notice of Public Hearing
A public hearing was held on February 15th, 2022, prior to adoption of the UWMP at Porterville Council Chambers, 291 N. Main Street, Porterville, CA 93257. Notices were provided to cities and counties, and the public. The public hearing provided an opportunity for the public to provide input to the plan before it is adopted. Additionally, the public hearing provided an opportunity for the customers, residents, and employees to learn and ask questions about the current and future water supply of theCity.

10.2.1 Notice to Cities, Agencies, Organizations, and Counties 10621(b) Every urban water supplier required to prepare a plan shall… at least 60 days prior to the public hearing on the plan… notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan.
10642… The urban water supplier shall provide notice of the time and place of hearing to any city or county within which the supplier provides water supplies. A privately owned water supplier shall provide an equivalent notice within its service area… The agencies listed in Table 10.1, were provided 60-day notification (prior to the public hearing) that the Citywas in the process of preparing the 2020 UWMP. The 60 Day Notification letters are included in Appendix D. The cities and counties were provided a notice of public hearing, including the time and location. The notice of public hearing to the same agencies are included in Appendix D.

10.2.2 Notice to the Public
10642… Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection… Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code…
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The UWMPA requires that the UWMP show the water agency solicited public participation. The notice to the public was included in a local newspaper as prescribed in Government Code 6066.

This notice included the time and location of the public hearing, in addition to the location of where the UWMP was available for public inspection. The notice of public hearing to the public is included in Appendix D.

On February 1st, 2022 and February 8th, 2022, theCity placed a notice in the Porterville Recorder (local newspaper) stating that its UWMP was being updated and that a public hearing was to be conducted to address comments and concerns from members of the community. The notice stated that a public review period would be scheduled through February 15th, 2022.

The Draft 2020 UWMP was available for public inspection at the Porterville City Hall at 241 N.

Main Street, Porterville Ca 93257, as well as the City’swebsite

10.3 Public Hearing and Adoption
10642…Prior to adopting a plan, the urban water supplier shall hold a public hearing thereon. 10608.26(a). In complying with this part, an urban retail water supplier shall conduct at least one public hearing to accomplish all of the following:
(1) Allow community input regarding the urban retail water supplier's implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water supplier's implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section 10608.20 for determining its urban water use target.
10642… After the hearing, the plan shall be adopted as prepared or as modified after the hearing.

The plan was adopted by the City of Porterville CityCouncil at a public hearing on February 15th, 2022. The CityResolution is included in Appendix B. The hearing provided an opportunity for the City customers, residents, and employees to learn and ask questions about the current and future water supply of theCity. At the hearing, the UWMP, water use targets, and conservation implementation plan were discussed.

10.3.1 Adoption
After the public hearing, the 2020 UWMP was adopted as prepared.

10.4 Plan Submittal
The public hearing will be followed by submittal of the UWMP to the DWR, the California State Library, and Cities and Counties (see Commitment to Distribute in Appendix A).

10.4.1 Submission to DWR
The 2020 UWMP will be submitted to DWR within 30 days of adoption.

10.4.2 Electronic Data Submission
The 2020 UWMP, in addition to tabular data, will be submitted using Water Use and Efficiency (WUE) data submittal tool.

CH 8 WATER SHORTAGE CONTINGENCY PLAN | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | 10-3

10.4.3 Submission to the California State Library
The 2020 UWMP will be submitted in compact disc (CD) or hardcopy format to the California State Library within 30 days of adoption.

10.4.4 Submission to Cities and Counties
The 2020 UWMP, which includes the Water Shortage Contingency Plan, will be submitted in electronic format to cities and counties within 30 days of adoption.

10.5 Public Availability
Within 30 days of submitting the UWMP to DWR, the adopted UWMP will be available for public review during normal business hours at the locations specified herein.

10.6 Amending and Adopted UWMP
The plan may be updated at any time when the urban water supplier believes significant changes have occurred in population, land use, and/or water sources that may affect the contents of the plan. Copies of amendments or changes to the plan shall be submitted electronically to DWR and the California State Library within 30 days of adoption.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| CH 8 WATER SHORTAGE CONTINGENCY PLAN JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix A

COMPLETED URBAN WATER MANAGEMENT

CHECKLIST
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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Retail Wholesale
2020 Guidebook Location Water Code Section Summary as Applies to UWMP Complete? Subject 2020 UWMP Location (Optional Column for Agency Review Use)
xx Chapter 1 10615 A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activitie Yes Introduction and Overview Chapters 3, 4 and 6. xx
Chapter 1 10630.5
Each plan shall include a simple description of the supplier’s plan including water availability, future requirements, a strategy for meeting needs, and other pertinent information. Additionally, a supplier may also choose to include a simple description at the beginning of each chapter.

Yes Summary Chapter 1, 3, 4 and 6
xx Section 2.2 10620(b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplie N/A Plan Preparation xx
Section 2.6 10620(d)(2)
Coordinate the preparation of its plan with other appropriate agencies in the area, including oth water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable
Yes Plan Preparation Chapters 1 and 10
xx
Section 2.6.2 10642
Provide supporting documentation that the water supplier has encouraged active involvement diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan and contingency pla yes via public outreach Plan Preparation Chapters 1, 10 and Appendix D - Public Notifications
x Section 2.6, Section 6.1 10631(h) Retail suppliers will include documentation that they have provided their wholesale supplier(s) - if any - with water use projections from that source N/A System Supplies x
Section 2.6 10631(h)
Wholesale suppliers will include documentation that they have provided their urban water supplie with identification and quantification of the existing and planned sources of water available from t wholesale to the urban supplier during various water year type N/A System Supplies
xx Section 3.1 10631(a) Describe the water supplier service area Yes System Description Chapter 3 xx Section 3.3 10631(a) Describe the climate of the service area of the supplie Yes System Description Chapter 3 xx Section 3.4 10631(a) Provide population projections for 2025, 2030, 2035, 2040 and optionally 204 Yes System Description Chapter 3 xx Section 3.4.2 10631(a) Describe other social, economic, and demographic factors affecting the supplier’s water management planning Yes System Description Chapter 3
xx Sections 3.4 and 5.4 10631(a) Indicate the current population of the service area. Yes System Description and Baselines and Targets Chapter 3 and Appendix K
xx Section 3.5 10631(a) Describe the land uses within the service area Yes System Description Chapter 3 xx Section 4.2 10631(d)(1) Quantify past, current, and projected water use, identifying the uses among water use sectors. Yes System Water Use Chapter 3 xx Section 4.2.4 10631(d)(3)(C) Retail suppliers shall provide data to show the distribution loss standards were m Yes System Water Use Chapter 4 xx Section 4.2.6 10631(d)(4)(A) In projected water use, include estimates of water savings from adopted codes, plans and other policies or laws. Yes System Water Use Chapter 4
xx Section 4.2.6 10631(d)(4)(B) Provide citations of codes, standards, ordinances, or plans used to make water use projections. Yes System Water Use Chapter 8 and 9 x optional Section 4.3.2.4 10631(d)(3)(A) Report the distribution system water loss for each of the 5 years preceding the plan update. Yes System Water Use Chapter 4 x optional Section 4.4 10631.1(a) Include projected water use needed for lower income housing projected in the service area of the supplier. Yes System Water Use Chapter 4
xx Section 4.5 10635(b) Demands under climate change considerations must be included as part of the drought risk assessment. Yes System Water Use Chapter 7 and Appendix H x
Chapter 5 10608.20(e)
Retail suppliers shall provide baseline daily per capita water use, urban water use target, inter urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting dat Yes Baselines and Targets Chapter 5 and Appendix F
x Chapter 5 10608.24(a) Retail suppliers shall meet their water use target by December 31, 202 Yes Baselines and Targets Chapter 5 and Appendix F x
Section 5.1 10608.36 Wholesale suppliers shall include an assessment of present and proposed future measures, programs, and policies to help their retail water suppliers achieve targeted water use reductions. N/A Baselines and Targets x
Section 5.2 10608.24(d)(2)
If the retail supplier adjusts its compliance GPCD using weather normalization, econom adjustment, or extraordinary events, it shall provide the basis for, and data supporting the adjustment.

N/A Baselines and Targets
x
Section 5.5 10608.22
Retail suppliers’ per capita daily water use reduction shall be no less than 5 percent of base da per capita water use of the 5 year baseline. This does not apply if the suppliers base GPCD is at or below 100
Yes Baselines and Targets Chapter 5 and Appendix F
x Section 5.5 and Appendix E 10608.4 Retail suppliers shall report on their compliance in meeting their water use targets. The data shall be reported using a standardized form in the SBX7-7 2020 Compliance Form Yes Baselines and Targets Chapter 5 and Appendix F xx Sections 6.1 and 6.2 10631(b)(1) Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of droug Yes System Supplies Chapter 7 xx
Sections 6.1 10631(b)(1)
Provide a discussion of anticipated supply availability under a normal, single dry year, and drought lasting five years, as well as more frequent and severe periods of drought, including changes in supply due to climate change.

Yes System Supplies Chapter 7
xx Section 6.1 10631(b)(2) When multiple sources of water supply are identified, describe the management of each supply in relationship to other identified supplies Yes System Supplies Chapter 6 xx Section 6.1.1 10631(b)(3) Describe measures taken to acquire and develop planned sources of wate Yes System Supplies Chapter 6 xx Section 6.2.8 10631(b) Identify and quantify the existing and planned sources of water available for 2020, 2025, 2030, 2035, 2040 and optionally 2045 Yes System Supplies Chapter 6 xx Section 6.2 10631(b) Indicate whether groundwater is an existing or planned source of water available to the supplier. Yes System Supplies Chapter 6 xx
Section 6.2.2 10631(b)(4)(A)
Indicate whether a groundwater sustainability plan or groundwater management plan has be adopted by the water supplier or if there is any other specific authorization for groundwater management. Include a copy of the plan or authorizatio
Yes System Supplies Chapter 6 and Appendix G
xx Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin Yes System Supplies Chapter 6 xx Section 6.2.2 10631(b)(4)(B) Indicate if the basin has been adjudicated and include a copy of the court order or decree and a description of the amount of water the supplier has the legal right to pum N/A System Supplies xx
Section 6.2.2.1 10631(b)(4)(B)
For unadjudicated basins, indicate whether or not the department has identified the basin as a h or medium priority. Describe efforts by the supplier to coordinate with sustainability or groundwater agencies to achieve sustainable groundwater conditions
Yes System Supplies Chapter 6 and Appendix G
xx Section 6.2.2.4 10631(b)(4)(C) Provide a detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five yea Yes System Supplies Chapter 6 xx Section 6.2.2 10631(b)(4)(D) Provide a detailed description and analysis of the amount and location of groundwater that is projected to be pumped Yes System Supplies Chapter 6
xx Section 6.2.7 10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or long- term basis.Yes System Supplies Chapter 6 xx Section 6.2.5 10633(b) Describe the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water proje Yes System Supplies (Recycled Water) Chapter 6
xx Section 6.2.5 10633(c) Describe the recycled water currently being used in the supplier's service area. Yes System Supplies (Recycled Water) Chapter 6
xx Section 6.2.5 10633(d) Describe and quantify the potential uses of recycled water and provide a determination of the technical and economic feasibility of those uses Yes System Supplies (Recycled Water) Chapter 6
xx
Section 6.2.5 10633(e)
Describe the projected use of recycled water within the supplier's service area at the end of 5, 1 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected
Yes System Supplies (Recycled
Water) Chapter 6
xx
Section 6.2.5 10633(f) Describe the actions which may be taken to encourage the use of recycled water and the project results of these actions in terms of acre-feet of recycled water used per year. Yes System Supplies (Recycled Water) Chapter 6 xx Section 6.2.5 10633(g) Provide a plan for optimizing the use of recycled water in the supplier's service area. Yes System Supplies (Recycled Water) Chapter 6
xx Section 6.2.6 10631(g) Describe desalinated water project opportunities for long-term supp N/A System Supplies xx Section 6.2.5 10633(a) Describe the wastewater collection and treatment systems in the supplier’s service area with quantified amount of collection and treatment and the disposal method Yes System Supplies (Recycled Water) Chapter 6
xx
Section 6.2.8, Section 6.3.7 10631(f)
Describe the expected future water supply projects and programs that may be undertaken by t water supplier to address water supply reliability in average, single-dry, and for a period of drought lasting 5 consecutive water years
Yes System Supplies Chapter 6 and Chapter 7
xx Section 6.4 and Appendix O 10631.2(a) The UWMP must include energy information, as stated in the code, that a supplier can readily obtain. N/A System Suppliers, Energy Intensity Not included in UWMP xx
Section 7.2 10634 Provide information on the quality of existing sources of water available to the supplier and the manner in which water quality affects water management strategies and supply reliability Yes Water Supply Reliability Assessment Chapter 6 and Appendix J xx Section 7.2.4 10620(f) Describe water management tools and options to maximize resources and minimize the need to import water from other regions N/A Water Supply Reliability Assessment Chapter 9
xx
Section 7.3 10635(a)
Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a drought lasting five consecutive water years by comparing the total water supply sources available to the water supplier with the total projected water use over the next 20 years.

Yes Water Supply Reliability
Assessment Chapter 7 and Appendix J
xx Section 7.3 10635(b) Provide a drought risk assessment as part of information considered in developing the demand management measures and water supply project Yes Water Supply Reliability Assessment Appendix J
xx
Section 7.3 10635(b)(1)
Include a description of the data, methodology, and basis for one or more supply shorta conditions that are necessary to conduct a drought risk assessment for a drought period that lasts 5 consecutive years
Yes Water Supply Reliability
Assessment
Chapter 7, Chapter 8 and Appendix
J
xx Section 7.3 10635(b)(2) Include a determination of the reliability of each source of supply under a variety of water shortage conditions. Yes Water Supply Reliability
Assessment
Chapter 7, Chapter 8 and Appendix
J
xx Section 7.3 10635(b)(3) Include a comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period Yes Water Supply Reliability Assessment Chapter 7, Chapter 8 and Appendix
J
xx
Section 7.3 10635(b)(4)
Include considerations of the historical drought hydrology, plausible changes on projected suppli and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.

Yes Water Supply Reliability
Assessment
Chapter 7, Chapter 8 and Appendix
J
xx Chapter 8 10632(a) Provide a water shortage contingency plan (WSCP) with specified elements below. Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Chapter 8 10632(a)(1) Provide the analysis of water supply reliability (from Chapter 7 of Guidebook) in the WSCP Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx
Section 8.10 10632(a)(10)
Describe reevaluation and improvement procedures for monitoring and evaluation the wat shortage contingency plan to ensure risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented
Yes Water Shortage Contingency
Planning Chapter 8 and Appendix I
xx Section 8.2 10632(a)(2)(A) Provide the written decision-making process and other methods that the supplier will use each year to determine its water reliability Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.2 10632(a)(2)(B) Provide data and methodology to evaluate the supplier’s water reliability for the current year and one dry year pursuant to factors in the code Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx
Section 8.3 10632(a)(3)(A)
Define six standard water shortage levels of 10, 20, 30, 40, 50 percent shortage and greater than 50 percent shortage. These levels shall be based on supply conditions, including percent reductions in supply, changes in groundwater levels, changes in surface elevation, or other conditions. The shortage levels shall also apply to a catastrophic interruption of supply.

Yes Water Shortage Contingency
Planning Chapter 8 and Appendix I
xx Section 8.3 10632(a)(3)(B) Suppliers with an existing water shortage contingency plan that uses different water shortage levels must cross reference their categories with the six standard categorie Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.4 10632(a)(4)(A) Suppliers with water shortage contingency plans that align with the defined shortage levels must specify locally appropriate supply augmentation actions Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.4 10632(a)(4)(B) Specify locally appropriate demand reduction actions to adequately respond to shortages. Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes. Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.4 10632(a)(4)(D) Specify additional mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions are appropriate to local condition Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.4 10632(a)(4)(E) Estimate the extent to which the gap between supplies and demand will be reduced by implementation of the action Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.4.6 10632.5 The plan shall include a seismic risk assessment and mitigation plan. Yes Water Shortage Contingency Plan Chapter 8 and Appendix I
xx Section 8.5 10632(a)(5)(A) Suppliers must describe that they will inform customers, the public and others regarding any current or predicted water shortages Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx
Section 8.5 and 8.6 10632(a)(5)(B)
10632(a)(5)(C)
Suppliers must describe that they will inform customers, the public and others regarding a shortage response actions triggered or anticipated to be triggered and other relevant communications
Yes Water Shortage Contingency
Planning Chapter 8 and Appendix I
x Section 8.6 10632(a)(6) Retail supplier must describe how it will ensure compliance with and enforce provisions of the WSCP. Yes Water Shortage Contingency
Planning Chapter 8 and Appendix I
x Section 8.7 10632(a)(7)(A) Describe the legal authority that empowers the supplier to enforce shortage response actions. Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.7 10632(a)(7)(B) Provide a statement that the supplier will declare a water shortage emergency Water Code Chapter 3. Yes Water Shortage Contingency
Planning Chapter 8 and Appendix I
xx Section 8.7 10632(a)(7)(C) Provide a statement that the supplier will coordinate with any city or county within which it provides water for the possible proclamation of a local emergency N/A Water Shortage Contingency Planning
xx Section 8.8 10632(a)(8)(A) Describe the potential revenue reductions and expense increases associated with activated shortage response actions Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx Section 8.8 10632(a)(8)(B) Provide a description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response action Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
x Section 8.8 10632(a)(8)(C) Retail suppliers must describe the cost of compliance with Water Code Chapter 3.3: Excessive Residential Water Use During Drough Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
x
Section 8.9 10632(a)(9)
Retail suppliers must describe the monitoring and reporting requirements and procedures th ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance
Yes Water Shortage Contingency
Planning Chapter 8 and Appendix I
x Section 8.11 10632(b) Analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spa Yes Water Shortage Contingency Planning Chapter 8 and Appendix I
xx
Sections 8.12 and 10.4 10635(c)
Provide supporting documentation that Water Shortage Contingency Plan has been, or will b provided to any city or county within which it provides water, no later than 30 days after the submission of the plan to DWR
Yes Plan Adoption, Submittal, and
Implementation Chapter 8 and Appendix I
xx Section 8.12 10632(c) Make available the Water Shortage Contingency Plan to customers and any city or county where it provides water within 30 after adopted the pla N/A Water Shortage Contingency Planning
x
Sections 9.1 and 9.3 10631(e)(2) Wholesale suppliers shall describe specific demand management measures listed in code, their distribution system asset management program, and supplier assistance program. N/A Demand Management Measures x
Sections 9.2 and 9.3 10631(e)(1)
Retail suppliers shall provide a description of the nature and extent of each demand manageme measure implemented over the past five years. The description will address specific measures listed in code
Chapter 9 Demand Management Measures Yes
x Chapter 10 10608.26(a) Retail suppliers shall conduct a public hearing to discuss adoption, implementation, and economic impact of water use targets (recommended to discuss compliance Yes Plan Adoption, Submittal, and Implementation
Chapter 1, Chapter 10 and Appendix
D
xx
Section 10.2.1 10621(b)
Notify, at least 60 days prior to the public hearing, any city or county within which the suppli provides water that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. Reported in Table 10- Yes Plan Adoption, Submittal, and
Implementation Chapter 10
xx Section 10.4 10621(f) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021.

Uploaded In January
2022
Plan Adoption, Submittal, and
Implementation Chapter 1 and Chapter 10
xx
Sections 10.2.2, 10.3, and 10.5 10642
Provide supporting documentation that the urban water supplier made the plan and contingen plan available for public inspection, published notice of the public hearing, and held a public hearing about the plan and contingency plan
Yes Plan Adoption, Submittal, and
Implementation Chapter 10
xx Section 10.2.2 10642 The water supplier is to provide the time and place of the hearing to any city or county within which the supplier provides water Yes Plan Adoption, Submittal, and Implementation Chapter 10
xx Section 10.3.2 10642 Provide supporting documentation that the plan and contingency plan has been adopted as prepared or modified Yes Plan Adoption, Submittal, and
Implementation Chapter 10
xx Section 10.4 10644(a) Provide supporting documentation that the urban water supplier has submitted this UWMP to the California State Library Yes Plan Adoption, Submittal, and Implementation Chapter 10
xx
Section 10.4 10644(a)(1) Provide supporting documentation that the urban water supplier has submitted this UWMP to any city or county within which the supplier provides water no later than 30 days after adoption. N/A Plan Adoption, Submittal, and Implementation xx Sections 10.4.1 and 10.4.2 10644(a)(2) The plan, or amendments to the plan, submitted to the department shall be submitted electronically Yes Plan Adoption, Submittal, and
Implementation Chapter 10
xx
Section 10.5 10645(a)
Provide supporting documentation that, not later than 30 days after filing a copy of its plan with t department, the supplier has or will make the plan available for public review during normal business hours.

Yes Plan Adoption, Submittal, and
Implementation Chapter 10
xx
Section 10.5 10645(b)
Provide supporting documentation that, not later than 30 days after filing a copy of its wat shortage contingency plan with the department, the supplier has or will make the plan available for public review during normal business hours
Yes Plan Adoption, Submittal, and
Implementation Chapter 10
xx Section 10.6 10621(c) If supplier is regulated by the Public Utilities Commission, include its plan and contingency plan as part of its general rate case filings N/A Plan Adoption, Submittal, and Implementation
xx Section 10.7.2 10644(b) If revised, submit a copy of the water shortage contingency plan to DWR within 30 days of adoption. N/A Plan Adoption, Submittal, and
Implementation
APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix B
2020 URBAN WATER MANAGEMENT PLAN

ADOPTION RESOLUTION
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUAYR 2022
Appendix C
ͮͬͭͱ URBAN WATER MANAGEMENT PLANAND

DATA SOURCES
https://cms͵files.revize.com/PortervilleCA/Document_Center/Department/Public%ͮͬWorks/Wa ter%ͮͬ Conservation/ͮͬͭͱUWMPUpdate‐Final.pdf
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix D

PUBLIC NOTIFICATIONS
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix E

AWWA WATER AUDIT DOCUMENTS
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 4 3,222.000 MG/Yr 3 MG/Yr
Water imported: n/a 0.000 MG/Yr MG/Yr
Water exported: n/a 0.000 MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 3,222.000 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 5 2,776.000 MG/Yr
Billed unmetered: 10 95.576 MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 40.275 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 2,911.851 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 310.149 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 8.055 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.000 MG/Yr MG/Yr
Systematic data handling errors: 6.940 MG/Yr 0.25% MG/Yr Apparent Losses: 14.995 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 295.154 MG/Yr WATER LOSSES: 310.149 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 350.424 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 234.9 miles
Number of active AND inactive service connections: 5 15,760 Service connection density: 67 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 9 60.0 psi

COST DATA
Total annual cost of operating water system: 10 $5,525,799 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $1.75 Variable production cost (applied to Real Losses): 5 $583.08 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed metered
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 57 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2016 1/2016 - 12/2016
City of Porterville (54-10010)
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Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
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(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
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WAS v5.0
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American Water Works Association.

Copyright © 2014, All Rights Reserved.
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To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 3,345.000 MG/Yr 3 MG/Yr
Water imported: n/a 0.000 MG/Yr MG/Yr
Water exported: n/a 0.000 MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 3,345.000 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 5 2,891.000 MG/Yr
Billed unmetered: 10 59.430 MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 41.813 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 2,992.243 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 352.758 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 8.363 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 4 44.025 MG/Yr 1.50% MG/Yr Systematic data handling errors: 7.228 MG/Yr 0.25% MG/Yr Apparent Losses: 59.615 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 293.142 MG/Yr WATER LOSSES: 352.758 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 394.570 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 273.4 miles
Number of active AND inactive service connections: 9 16,206 Service connection density: 59 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 9 60.0 psi

COST DATA
Total annual cost of operating water system: 10 $6,221,146 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $1.79 Variable production cost (applied to Real Losses): 8 $537.68 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Billed metered
3: Customer metering inaccuracies
Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2017 1/2017 - 12/2017
City of Porterville (54-10010)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 71 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 3,514.000 MG/Yr 3 MG/Yr
Water imported: n/a 0.000 MG/Yr n/a MG/Yr
Water exported: n/a 0.000 MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 3,514.000 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 6 3,078.800 MG/Yr
Billed unmetered: 10 30.406 MG/Yr
Unbilled metered: n/a 0.000 MG/Yr Pcnt: Value:

Unbilled unmetered: 43.925 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 3,153.131 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 360.869 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 8.785 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 4 46.885 MG/Yr 1.50% MG/Yr Systematic data handling errors: 7.697 MG/Yr 0.25% MG/Yr Apparent Losses: 63.367 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 297.502 MG/Yr WATER LOSSES: 360.869 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 404.794 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 274.3 miles
Number of active AND inactive service connections: 9 16,687 Service connection density: 61 conn./mile main
Yes
Average length of customer service line: 8 ft
Average operating pressure: 9 60.0 psi

COST DATA
Total annual cost of operating water system: 10 $6,195,223 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $1.83 Variable production cost (applied to Real Losses): 9 $555.00 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed metered
Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2018 1/2018 - 12/2018
City of Porterville (54-10010)
*** YOUR SCORE IS: 73 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed ? Click to access definition
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the (length of service line, beyond the property
boundary, that is the responsibility of the
Use buttons to select
percentage of water
supplied
OR
value
Click ?
for help using
option buttons
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.
+?
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real
To select the correct data grading for each input,
determine the highest grade where the utility meets or
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 3,422.000 MG/Yr 3 MG/Yr
Water imported: n/a 0.000 MG/Yr MG/Yr
Water exported: n/a 0.000 MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 3,422.000 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 6 2,990.000 MG/Yr
Billed unmetered: 10 23.000 MG/Yr
Unbilled metered: n/a 0.000 MG/Yr Pcnt: Value:

Unbilled unmetered: 42.775 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 3,055.775 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 366.225 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 8.555 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 5 92.474 MG/Yr 3.00% MG/Yr Systematic data handling errors: 7.475 MG/Yr 0.25% MG/Yr Apparent Losses: 108.504 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 257.721 MG/Yr WATER LOSSES: 366.225 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 409.000 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 275.8 miles
Number of active AND inactive service connections: 9 16,863 Service connection density: 61 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 9 60.0 psi

COST DATA
Total annual cost of operating water system: 10 $6,195,222 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $1.87 Variable production cost (applied to Real Losses): 8 $569.93 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Billed metered
3: Customer metering inaccuracies
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 73 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2019 1/2019 - 12/2019
City of Porterville (54-10010)
?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 3,647.000 MG/Yr 3 MG/Yr
Water imported: n/a 0.000 MG/Yr MG/Yr
Water exported: n/a 0.000 MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 3,647.000 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 6 3,243.000 MG/Yr
Billed unmetered: 10 21.000 MG/Yr
Unbilled metered: n/a 0.000 MG/Yr Pcnt: Value:

Unbilled unmetered: 45.588 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 3,309.588 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 337.413 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 9.118 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 5 100.299 MG/Yr 3.00% MG/Yr Systematic data handling errors: 8.108 MG/Yr 0.25% MG/Yr Apparent Losses: 117.524 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 219.889 MG/Yr WATER LOSSES: 337.413 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 383.000 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 291.3 miles
Number of active AND inactive service connections: 9 17,063 Service connection density: 59 conn./mile main
Yes
Average length of customer service line: 9 ft
Average operating pressure: 9 60.0 psi

COST DATA
Total annual cost of operating water system: 9 $6,951,412 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $1.87 Variable production cost (applied to Real Losses): 9 $534.76 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Billed metered
3: Customer metering inaccuracies
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 73 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2020 1/2020 - 12/2020
City of Porterville (54-10010)
?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
-This Page Intentionally Left Blank-
APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix F
SBX7-7 VERIFICATION FORMS
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
-This Page Intentionally Left Blank-
SB X7-7 Table 0: Units of Measure Used in 2020 UWMP*
(select one from the drop down list)
Million Gallons
*The unit of measure must be consistent throughout the UWMP, as reported in Submittal Table 2-3.

NOTES:

SB X7-7 Table 2: Method for 2020 Population Estimate
Method Used to Determine 2020 Population
(may check more than one)

1. Department of Finance (DOF) or American Community Survey (ACS)

2. Persons-per-Connection Method
X 3. DWR Population Tool

4. Other
DWR recommends pre-review
NOTES:

SB X7-7 Table 3: 2020 Service Area Population
2020 Compliance Year Population
2020 74,907
NOTES:

SB X7-7 Table 4: 2020 Gross Water Use
Compliance
Year 2020
2020
Volume
Into
Distribution
System
This column
will remain
blank until SB
X7-7 Table 4-A
is completed.
2020 Deductions
2020
Gross
Water
Use
Exported
Water *
Change in
Dist.

System
Storage*
(+/-)
Indirect
Recycled
Water
This
column
will remain
blank until
SB X7-7
Table 4-B
is
completed.

Water
Delivered
for
Agricultural
Use*
Process
Water
This
column
will remain
blank until
SB X7-7
Table 4-D
is
completed.

3,647 - - - - -

3,647
* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.

NOTES:

SB X7-7 Table 4-A: 2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.

Name of
Source Tule Subbasin Groundwater
This water source is (check one):

X The supplier's own water source
A purchased or imported source
Compliance
Year 2020
Volume Entering Distribution
System 1
Meter Error
Adjustment 2
Optional
(+/-)
Corrected Volume
Entering Distribution
System
3,647 - 3,647
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3. 2 Meter Error Adjustment - See guidance in Methodology 1, Step 3 of Methodologies Document
NOTES
SB X7-7 Table 5: 2020 Gallons Per Capita Per Day (GPCD) 2020 Gross Water Fm
SB X7-7 Table 4
2020 Population Fm SB X7-7 Table
3 2020 GPCD
3,647 74,907 133
NOTES:

SB X7-7 Table 9: 2020 Compliance
Actual
2020
GPCD1
Optional Adjustments to 2020 GPCD
2020
Confirmed
Target
GPCD 1, 2
Did
Supplier
Achieve
Targeted
Reduction
for 2020?
Enter "0" if Adjustment Not Used
TOTAL
Adjustments1
Adjusted 2020
GPCD 1
(Adjusted if
applicable)
Extraordinary
Events1
Weather
Normalization1
Economic
Adjustment1
133
-

-

- - 133 156 YES
1 All values are reported in GPCD 2 2020 Confirmed Target GPCD is taken from the Supplier's SB X7-7 Verification Form Table SB X7-7, 7- F.

NOTES:

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix G

EASTERN TULE GSA GROUNDWATER

SUSTAINABILITY PLAN
A copy of the Eastern Tule Groundwater Sustainability Agency’s Groundwater Sustainability Plan can be downloaded at the link below:
https://www.easterntulegsa.com/gsp
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix H
ͮͬͮͬ WATER QUALITY CCR
City of Porterville Consumer Confidence Reports can be downloaded at the link below:
https://www.ci.porterville.ca.us/departments/public_works/field_services_division/water___sew er_ma intenance.php#outer‐ͭͲͭ
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix I

WATER CONSERVATION PLAN
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
-This Page Intentionally Left Blank-
APPENDIX D CITY OF PORTERVILLE 2015 UWMP

WATER CONSERVATION PLAN
EVERY DROP COUNTS.

PRESENTED BY: FIELD SERVICES DIVISION

PUBLIC WORKS DEPARTMENT

CITY OF PORTERVILLE
555 N. PROSPECT ST., PORTERVILLE, CA 93257
Version 4.0
APPENDIX D CITY OF PORTERVILLE 2015 UWMP
REVISED BY:

JOHN LOLLIS,

CITY MANAGER
MICHAEL K. REED,

ACTING PUBLIC WORKS DIRECTOR
BRYAN B. STYLES,

DEPUTY PUBLIC WORKS DIRECTOR
& FIELD SERVICES MANAGER

MICHAEL KNIGHT,

WATER UTILITIES SUPERINTENDENT

ROMAN FERRO,

WATER SYSTEMS SPECIALIST

DENYS THOMPSON,

ADMINISTRATIVE AIDE
APPENDIX D CITY OF PORTERVILLE 2015 UWMP

TABLE OF CONTENTS
Preface ......................................................................................................................................................................... 4 City Water System....................................................................................................................................................... 5 Conservation Phasing ................................................................................................................................................. 7  Water Conservation Phase I ................................................................................................................................ 7  Drought Response Phase II .................................................................................................................................. 9  Drought Response Phase III ............................................................................................................................... 12  Drought Response Phase IV............................................................................................................................... 14  Emergency Response Phase V ........................................................................................................................... 16

APPENDIX D CITY OF PORTERVILLE 2015 UWMP

PREFACE

The City of Porterville water system is municipally-owned with more than 15,299 service connections, 97% of which are metered, serving a population of 55,490, with approximately 1,100 service connections outside the city limits.

Water supplies for the City system are produced entirely from groundwater underlying the city, which is recharged from rainfall and runoff of the Western Sierra Nevada. The major stream contributing to the recharge of the Tule Basin Aquifer underlying Porterville is the Tule River.

Storage capacity represents over ten million gallons within the distribution system and five hillside reservoirs, three with a capacity of three million gallons, one with a capacity of three hundred and five thousand gallons, one with the capacity of five hundred and fifty thousand gallons.

A telemetry system controls the operation of 23 of the City's 35 active well pumps to maintain system pressure under varying loads. The water levels in the reservoirs are also monitored and controlled by the computerized telemetry control system.

Water conservation and awareness have always been areas of concern for the Porterville community. Less than normal rainfall and runoff makes efforts to promote water conservation a high priority. In addition to the benefits of conserving water as a limited natural resource, additional benefits accrue to the community in the form of a reduced impact on the Wastewater Treatment Plant and a reduction in energy costs when water supplies are conserved.

It is vitally important that the Water Conservation Plan be a joint partnership between the City and the General Public in order to achieve optimal effect. The Plan has been developed in five phases with each phase defined in terms of the available water supply.

APPENDIX D CITY OF PORTERVILLE 2015 UWMP
Actions within each phase have been defined as either actions to be undertaken by the City or by the General Public.

Due to the number of variables which affect the water conditions in existence at any one point in time, a City staff analysis of those variables will be utilized in determining the transition of the City from one phase to a more (or less) stringent phase. At such time as staff determines that water supply conditions warrant a phase change, staff will present the request to the City Council for their approval.

This plan differs from other valley community plans because the city of Porterville is in a more favorable position of having almost all of its water customers metered, which allows the City to basically control the water conservation program.

CITY WATER SYSTEM
The City has always been diligent in its efforts to provide sufficient safe and affordable drinking water to the residents of the community. Water conservation has long been a permanent part of the City’s water resource management program. Efforts to that end include:
 NEW WELLS:

Over the past five years new wells have been added to the City water system in order to serve the needs of the community. Additional wells are planned for completion within the next few years.  TELEMETRY SYSTEM:

This system controls the operation of the well pumps to maintain system pressure under varying loads. Water levels in the reservoirs are also monitored and controlled by the computerized telemetry control system. Water is usually pumped to the reservoirs during the off peak usage hours for later use by consumers. This system was designed to APPENDIX D CITY OF PORTERVILLE 2015 UWMP
operate the City wells in the most efficient and productive way possible with additional benefits of energy cost savings.
 RESERVOIRS:

The City currently operates and maintains five (5) hillside reservoirs, three (3) with a capacity of three million gallons, one (1) with a capacity of 305,000 gallons, and one (1) with a capacity of 550,000. The three largest reservoirs are usually filled during off peak hours and then release water during the high usage hours. There is also a 300,000 gallon reservoir located at the Airport which is also part of the City system. The reservoirs increase the City’s ability to maintain system pressure during peak demand and fire flow situations.  METERIZATION PROGRAM:

With over 97% of all service connections metered, the City has a goal of 100% meterization. All new connections are required to have meters.
 UTILITY BILLING NOTICE:

The City's computerized utility billing system provides consumers with their current and past water usage history for comparison purposes. While variations may be attributable to a change known to the consumer (i.e. additional persons in the home, addition of a swimming pool), it may also be the result of an undetected leak or other controllable occurrence.
 WATER AUDIT/LEAKAGE DETECTION & REPAIR PLAN:

The City will continue in its proactive plan to audit water supply usage. Upon detection of the source of any leakage, corrective action will be taken immediately in order to promote the efficient use of the existing water supply and in turn reduce the energy required to operate the system.
 NEW WATER LINE TESTING:

The City requires full pressure and leak testing of all newly constructed water lines.  FIRE HYDRANT TESTING:

The City Fire Department schedules their annual fire hydrant testing program during the early spring and late fall to avoid the peak water use season. Such testing is required to maintain the integrity of the fire protection system.

APPENDIX D CITY OF PORTERVILLE 2015 UWMP

CONSERVATION PHASING
The effectiveness of any voluntary plan ultimately depends on the public's awareness of the need for the plan. Local residents have a history of commitment to their community and support of the public welfare. It is a reliance upon this tradition that makes the distribution of public information the cornerstone of the City's Water Conservation Plan.
 WATER CONSERVATION PHASE I: NORMAL WATER SUPPLY
The Water Conservation Phase I applies during periods when a normal water supply is available.

ACTIONS BY THE CITY:

Public Information Program  Distribution of suggestions for residential, commercial, and industrial water conservation and awareness.
 Coordination of public information with the local news media.  City participation in Water Awareness Month (May).
 Lawn and Landscape Watering Guides will be made available upon request.
 City staff will coordinate with local nurseries to compile a list of low water using trees and plants. The list will be made available at City Hall, the Corporation Yard, and the Parks & Leisure Services Department for local residents.
 Coordination with local schools to encourage young people to become aware of local water issues and conditions.
 Advise against outdoor watering within forty-eight (48) hours of a measurable rainfall. Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.

Project Review Committee  The City’s Project Review Committee (PRC) will include the evaluation of all submitted projects for water use and conservation efforts. The goal of City staff in cooperation with the developer will be to voluntarily reduce consumption of water used in the project.  City staff will assist the developer in familiarization with the Xeriscape Concept, combining creative landscaping and efficient irrigation to save water and promote attractive alternatives to traditional, high water use landscapes.

City Landscapes and Watering Schedules  City parks, median islands, and landscaped public facilities will be watered during late night or early morning hours to the greatest extent possible.
 All new landscaping projects undertaken by the City will incorporate conservation design.

APPENDIX D CITY OF PORTERVILLE 2015 UWMP
Retrofit Bathroom Facilities Water saving kits which contain toilet water conservation and low flow shower head devices will be made available to City water consumers, both residential and commercial, upon request, as funds are available.

Fire Hydrant Testing The City's fire hydrant testing program will be scheduled during non-peak water usage times to the greatest extent possible without impairing the integrity of the City's fire protection service.

ACTIONS BY THE GENERAL PUBLIC:

Mindful Water Use The general public will be encouraged to utilize those water conservation measures contained within the City's Public Information Program.

Voluntary Odd/Even Watering Schedule  This schedule is encouraged, but not mandated. This plan is designed to minimize water usage and requests that the public water their lawn and shrubs according to their street address, per Exhibit 1 below.
 Addresses ending in an odd number (1, 3, 5, 7, or 9) water on Tuesday, Thursday, and Saturday. Addresses ending in an even number (0, 2, 4, 6, or 8) water on Wednesday, Friday, and Sunday.

There is no watering on Monday. Watering should be avoided between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM.

Exhibit 1
APPENDIX D CITY OF PORTERVILLE 2015 UWMP
 DROUGHT RESPONSE PHASE II: WATER SUPPLY SHORTAGE
Drought Response Phase II applies during periods when there is a water supply shortage. When water supply conditions start to deteriorate, the City is mandated to implement more stringent water conservation provisions for the benefit of its community. In addition to upholding the programs and provisions outlined in Phases I, the City must be diligent in its water conservation efforts by issuing penalties for non-compliance.

ACTIONS BY THE CITY:

Adoption and Enforcement of Stricter Water
Regulations and Restrictions
 The City of Porterville will enforce an odd/even watering schedule for all residents. Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM. Watering shall only occur on designated watering days. Excessive run-off is prohibited, as is outdoor watering within forty-eight (48) hours of a measurable rainfall. Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.
 Per Section 25-5.1 of the City Municipal Code, Non-compliance with the City of Porterville’s water conservation regulations will result in one written warning from the City of Porterville before the issuance of a citation. A second violation within a 12 month period will result in the issuance of a citation with a fine of $100.00; a second citation will result in a fine of $200.00; a third citation will result in a fine of $500.00. Willful and egregious violations will result in issuance of a citation without a warning. Each day that a violation continues shall be regarded as a new and separate offense.
 Per Section 25-5 of the City Municipal Code, “The consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
Public Information Program The City will pursue a more aggressive distribution of information than its efforts initiated in the initial Water Conservation Phase to promote public awareness of the need to conserve water with a stronger emphasis on the water shortage condition.

Water System Pressure Reduction The City's water system may experience reduced water pressures during high usage periods. This may deter water use for nonessential activities and encourage scheduling of landscape watering to late nights or early mornings.

City Landscapes and Watering Schedules All City parks, median islands, and public facility landscapes will be watered during the late night or early morning hours to reduce impact on the water system during peak usage hours.

Leak Detection Water Waste The City will continue in its proactive plan to audit water supply usage. All City staff will be reminded of the necessity of reporting any evidence of APPENDIX D CITY OF PORTERVILLE 2015 UWMP
leaks or water waste for immediate action. There will be an emphasis on coordinated community efforts to reduce water waste.
“Waste of Water” Notices City staff will be equipped to issue “Waste of Water” notices to consumers identified as misusing water.

Mandatory Odd/Even Watering days Increase public education on the mandatory watering schedule program.

Public outreach will emphasize changes from the Water Conservation Phase I (Voluntary) to Phase II (Mandatory).

Continuation of all Conservation Programs
Established in Phase I
See Phase I
ACTIONS BY THE GENERAL PUBLIC:

Mandatory Odd/Even Watering Schedule  Addresses ending in an odd number (1, 3, 5, 7, or 9) water on Tuesday, Thursday and Saturday. Addresses ending in an even number (0, 2, 4, 6, or 8) water on Wednesday, Friday and Sunday.

There is no watering on Monday. See Exhibit 2 below.
 Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM. Watering shall only occur on designated watering days.
 Excessive runoff is prohibited.

Ornamental Water Features  Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.
 The operation of ornamental fountains or other structure making similar use of water is prohibited unless the fountain uses a recycling system.

Conservation Efforts The general public will be strongly encouraged to utilize those water conservation measures contained within the City's public information program.

Restaurants Notices will be sent to all restaurants within the city limits requesting support of water conservation efforts by serving water to customers upon request only.

Lawn and Landscaping Watering Mandatory implementation of the Odd/Even Watering Program initiated in the Water Conservation Phase I, all residential, commercial, and industrial landscape watering scheduled times.

APPENDIX D CITY OF PORTERVILLE 2015 UWMP
Vehicle Washing and Sidewalk Hosing  The washing of sidewalks, driveways, parking areas, patios or other paved areas is prohibited, unless it is necessary for the health and safety of the public.
 The washing of automobiles, trucks, trailers, boats, and airplanes is only permitted on designated watering days. Such washing, when allowed, shall be done either by automatic car washes that recycle water or with a hand held bucket, or hand held hose equipped with a positive shutoff nozzle for quick rinses.
 Per Section 25-5 of the City Municipal Code, “The consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
Exhibit 2
APPENDIX D CITY OF PORTERVILLE 2015 UWMP
 DROUGHT RESPONSE PHASE III: SIGNIFICANT WATER SUPPLY SHORTAGE Drought Response Phase III applies during periods when there is a significant water supply shortage. In addition to upholding the programs and provisions outlined in Phases I and II, the City must be diligent in its water conservation efforts by issuing penalties for non-compliance.

ACTIONS BY THE CITY:

Adoption and Enforcement of Stricter Water
Regulations and Restrictions
 The City of Porterville will enforce a two day a week odd/even watering schedule for all residents. Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM.

Watering shall only occur on designated watering days. Excessive run-off is prohibited, as is outdoor watering within forty-eight (48) hours of a measurable rainfall. Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.
 Per Section 25-5.1 of the City Municipal Code, Non-compliance with the City of Porterville’s water conservation regulations will result in one written warning from the City of Porterville before the issuance of a citation. A second violation within a 12 month period will result in the issuance of a citation with a fine of $100.00; a second citation will result in a fine of $200.00; a third citation will result in a fine of $500.00. Willful and egregious violations will result in issuance of a citation without a warning. Each day that a violation continues shall be regarded as a new and separate offense.
 Per Section 25-5 of the City Municipal Code, “The consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
Public Information Program The utility billing system will begin to notify customers of restrictions on water use. The program to promote public awareness will be intensified with emphasis placed on communicating the mandatory water conservation requirements to the public.

City Landscapes and Watering Schedules All City parks, median islands, and public facility landscapes will adopt a two-day watering schedule. If it becomes necessary, watering of City parks and median islands will be suspended and evaluated each day.

Continuation of all Conservation Programs and
Regulations Established in Phases I and II
See Phases I and II
ACTIONS BY THE GENERAL PUBLIC:

APPENDIX D CITY OF PORTERVILLE 2015 UWMP
Mandatory Reduction in Watering Days
Durations
 Addresses ending in an odd number (1, 3, 5, 7, or 9) water on Tuesday and Saturday. Addresses ending in an even number (0, 2, 4, 6, or 8) water on Wednesday and Sunday. There is no watering on Monday, Thursday, or Friday. See Exhibit 3 below.
 Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM. Watering shall only occur on designated watering days.
 Excessive runoff is prohibited.

Ornamental Water Features  Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.
 The operation of ornamental fountains or other structure making similar use of water is prohibited unless the fountain uses a recycling system.

Vehicle Washing and Sidewalk Hosing  The washing of sidewalks, driveways, parking areas, patios or other paved areas is prohibited, unless it is necessary for the health and safety of the public.
 The washing of automobiles, trucks, trailers, boats, and airplanes is only permitted on designated watering days. Such washing, when allowed, shall be done with a hand held bucket, or hand held hose equipped with a positive shutoff nozzle for quick rinses.  Per Section 25-5 of the City Municipal Code, “The consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
Water Leaks All leaks must be treated as a priority upon discovery and repaired at the safest scheduled opportunity.

Exhibit 3
APPENDIX D CITY OF PORTERVILLE 2015 UWMP
 DROUGHT RESPONSE PHASE IV: SIGNIFICANT WATER SUPPLY SHORTAGE Drought Response Phase IV applies during periods when there is a significant water supply shortage. In addition to upholding the programs and provisions outlined in Phases I, II and III, the City must be diligent in its water conservation efforts by issuing penalties for non-compliance.

ACTIONS BY THE CITY:

Adoption and Enforcement of Stricter Water
Regulations and Restrictions
 The City of Porterville will enforce a one day a week odd/even watering schedule for all residents. Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM.

Watering shall only occur on designated watering days. Excessive run-off is prohibited, as is outdoor watering within forty-eight (48) hours of a measurable rainfall. Measurable rainfall is defined by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) as 1/100th of one inch.
 Per Section 25-5.1 of the City Municipal Code, Non-compliance with the City of Porterville’s water conservation regulations will result in one written warning from the City of Porterville before the issuance of a citation. A second violation within a 12 month period will result in the issuance of a citation with a fine of $100.00; a second citation will result in a fine of $200.00; a third citation will result in a fine of $500.00. Willful and egregious violations will result in issuance of a citation without a warning. Each day that a violation continues shall be regarded as a new and separate offense.
 Per Section 25-5 of the City Municipal Code, “The consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
Public Information Program The utility billing system will begin to notify customers of restrictions on water use. The program to promote public awareness will be intensified with emphasis placed on communicating the mandatory water conservation requirements to the public.

City Landscapes and Watering Schedules All City parks, median islands, and public facility landscapes will adopt a two-day watering schedule. If it becomes necessary, watering of City parks and median islands will be suspended and evaluated each day.

Continuation of all Conservation Programs and
Regulations Established in Phases I, II and III
See Phases I, II and III
ACTIONS BY THE GENERAL PUBLIC:

APPENDIX D CITY OF PORTERVILLE 2015 UWMP
Mandatory Reduction in Watering Days
Durations
 Addresses ending in an odd number (1, 3, 5, 7, or 9) water on Saturday. Addresses ending in an even number (0, 2, 4, 6, or 8) water on Sunday. There is no watering Monday through Friday.

See Exhibit 3 below.
 Watering is prohibited between the hours of 5:00 AM to 10:00 AM and 5:00 PM to 10:00 PM. Watering shall only occur on designated watering days.
 Excessive runoff is prohibited.

Ornamental Water Features  Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.
 The operation of ornamental fountains or other structure making similar use of water is prohibited unless the fountain uses a recycling system.

Vehicle Washing and Sidewalk Hosing  The washing of sidewalks, driveways, parking areas, patios or other paved areas is prohibited, unless it is necessary for the health and safety of the public.
 The washing of automobiles, trucks, trailers, boats, and airplanes is only permitted on designated watering days. Such washing, when allowed, shall be done with a hand held bucket, or hand held hose equipped with a positive shutoff nozzle for quick rinses.  Per Section 25-5 of the City Municipal Code, “The consumer shall use reasonable care to prevent the waste of water, shall not allow water to run or waste from his property onto streets or highways, shall not use water in washing sidewalks, building entrances or lobbies or other properties to such excess that water shall flow in street gutters beyond the frontage of the properties occupied by them.”
Water Leaks All leaks must be treated as a priority upon discovery and repaired at the safest scheduled opportunity.

Exhibit 4
APPENDIX D CITY OF PORTERVILLE 2015 UWMP
 EMERGENCY RESPONSE PHASE V: CRITICAL WATER SUPPLY SHORTAGE Applies during periods when there is a severe water supply shortage as determined by California State mandate, City Manager, system outage, equipment failure, contamination of water supply, or other emergency. In addition to upholding the programs and provisions outlined in Phases I, II, III and IV, the City must be diligent in its water conservation efforts by issuing penalties for non-compliance.

ACTIONS BY THE CITY:

Rate Structure Enhancement A 20% water rate increase on all residential and landscape accounts will go into effect. This rate increase will encourage water conservation and will also serve as a provision to recover the lost revenues from water conservation.

City Landscapes and Watering Schedules Watering of City parks and median islands will be suspended and evaluated each day.

Continuation of all Conservation Programs
and Regulations Established in Phases I, II,
III and IV
See Phases I, II, III and IV
ACTIONS BY THE GENERAL PUBLIC:

Lawn and Landscaping Watering Lawn and landscaping watering is prohibited.

Vehicle Washing Vehicle washing should be accomplished either by automatic car washes that recycle water or with buckets and hoses equipped with a shut-off nozzle.

Continuation of all Conservation Programs
and Regulations Established in Phases I, II,
III and IV
See Phases I, II, III and IV
APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix J

DROUGHT RISK ASSESSMENT
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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City of Porterville
2020 Urban Water Management Plan

DROUGHT RISK

ASSESSMENT
DRAFT FINAL | JANUARY 2022

City of Porterville
2020 Urban Water Management

DROUGHT RISK

ASSESSMENT
DRAFT FINAL | JANUARY 2022
This document is released for the
purpose ofinformation exchange review
and planning only under the authority
of Anthony M. Cemo, JANUARY 2022,
State of California, P.E. No. 87929.

DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | i
pw://Carollo/Documents/Client/CA/Porterville/10656A00/Deliverables/UWMP/Appendix;H Contents
Drought Risk Assessment 1

1.0 Purpose and Objectives 1

2.0 New Legislation for Drought Resilience 1

3.0 Water System Overview 3

3.1 Historical and Projected Population 3

3.2 Local Water Supply 4

3.3 Existing and Projected Demands 5

3.4 Supply and Demand Balance 5

3.5 Commitment to Water Use Efficiency 7

4.0 Drought Risk Assessment 8

4.1 Five-Year Drought Risk Assessment 8

4.2 Drought and Water Shortage Risk and Vulnerability Assessment 10

4.2.1 Exposure to Hazard 10

4.2.2 Vulnerability 11

4.2.3 Water Shortage Record 11

4.2.4 Drought and Water Shortage Risk Score 12

4.3 Climate Change Considerations 12

4.4 Seismic Risk Assessment and Mitigation Plan 13

5.0 Water Shortage Response Action 13

6.0 Conclusion and Recommended Next Steps 14
Appendices
Appendix A Risk and Vulnerability Assessment
Tables
Table 1 Water Servic e Population – Current and Projected 4 Table 2 Water Servic e Population – Current and Projected 5 Table 3 Normal Year Supply and Demand Balance 5
Table 4 Multi-Dry Year Wat er Balance 6
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT ii | JANUARY 2022 | DRAFT FINAL
Table 5 Five-Year Drought Risk Assessment Tables to Address CWC Section 10635(b) 9
Table 6 Extended Drought Scenario Projections 13
Figures
Figure 1 New Legislation Resulting from California Drought 2 Figure 2 Historical and Projected Water Servic e Population 4 Figure 3 Historical Per Capita Demand 7
Figure 4 Grouping of Risk Indicators 10
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | iii
Abbreviations
AB California Assembly Bill
ac-ft acre-feet
AFY acre-feet per year
BG block group
CDFA California Department of Food and Agriculture
CEC California Energy Commission
CPUC California Public Utilities Commission
DRA Drought Risk Assessment
DWR California Department of Water Resources
ETGSA Eastern Tule Groundwater Sustainability Agency
o
F Fahrenheit
FKC Friant-Kern Canal
gpcd gallons per capita day
GQ Group Quarters
GSAs groundwater sustainability agencies
GSPs groundwater sustainability plans
IMP 2020 Integrated Master Plan
FKC Friant-Kern Canal
MG million gallons
MHI Median Household Income
MJLHMP Multi-Jurisdictional Local Hazard Mitigation Plan RC Risk Component
SB California Senate Bill
SGMA Sustainable Groundwater Management Act
State Water
Board
State Water Resources Control Board
UWMP Urban Water Management Plan
WCP water conservation plant
WSCP water shortage contingency plan
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DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022| 1

DROUGHT RISK ASSESSMENT

1.0 Purpose and Objectives
As part of the latest guidance under Water Code Section 10635(b), suppliers are required to prepare a Drought Risk Assessment (DRA) with descriptions of data and methods used, basis for supply shortage conditions, determination of the reliability of sources, and a comparison of the total water supplies and uses during the drought. The key sections of the DRA are a combination of sections from the Urban Water Management Plan (UWMP) and the Water Shortage Contingency Plan (WSCP). The DRA will be submitted every five years with the UWMP and will assist the City of Porterville with futureannual water supply and demand reporting. At this time, the California Department of Water Resources (DWR) has not established the annual reporting requirements.

The DRA contains the following:

1. New legislation that triggered the need for the DRA.

2. Water system overview, which includes a summary of the population, demand, and supply forecast through the year 2040.

3. Drought risk assessment and vulnerability considerations.

4. Response actions during supply shortage conditions.

5. Next steps.

2.0 New Legislation for Drought Resilience
As a result of the historic California drought from 2012 through 2016, Executive Order B-37-16 was issued by Governor Brown to establish a long-term framework for water conservation and drought planning. The initial framework to implement Executive Order B-37-16 was prepared in 2017 by DWR, the State Water Resources Control Board (State Water Board), the California Public Utilities Commission (CPUC), the California Department of Food and Agriculture (CDFA), and the California Energy Commission (CEC). It outlined actions that could be implemented by existing authorities as well new actions that could be expanded with a new legislature. The framework focused on using water more wisely, eliminating water waste, strengthening local drought resilience, and improving agricultural water use efficiency and drought planning. The framework also informed the development of Senate Bill (SB) 606 (Hertzberg) and Assembly Bill (AB) 1668 (Friedan) in 2018.

The key elements from the new legislation that impact the UWMP are eliminating water waste and strengthening local drought resilience. As part of the new requirements for strengthening local drought resilience, a DRA must be performed every 5-years in addition to conducting an annual water supply and demand assessment. The annual reporting will start in July 2022 and will include information relating to anticipated shortages, triggered actions, compliance and enforcement actions, and communication actions as outlined in the WSCP as outlined in Chapter 8.

An overview of the events that led to the new legislation is shown on Figure 1.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT 2 | JANUARY 2022 | DRAFT FINAL
Source: (DWR - Making Water Conservation a California Way of Life, 2018) Figure 1 New Legislation Resulting from California Drought DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022| 3

3.0 Water System Overview
The City’s water service area encompasses approximately 18.6 square miles, which includes, the airport, agricultural/conservation land in the south east and the limits of the City proper. The City is located in central California on the east side of the San Joaquin Valley. The City is adjacent to the Sequoia National Forest and the Sierra Nevada Foothills in Tulare County. Porterville is approximately 70 miles southeast of the City of Fresno and 50 miles north of the City of Bakersfield. The City’s service area climate is a semi-arid, Mediterranean environment with cold winters, warm summers, and moderate rainfall (11.6 inches/year average). Temperatures average mid 50’s in the winter and high 90’s in the summer months with peaks upward to 110 degrees Fahrenheit (oF).The City’s urban development boundary is primarily residential land use contributes approximately 60 percent of the total water demand with the remaining water demand made up by commercial, institutional, industrial, and landscape irrigation demands throughout the City.

The City’s water distribution system consists of approximately 258 miles of pipelines ranging in diameters from 4 to 16-inches, 36 active wells (2 of which are stand-by), and six active water storage tanks totaling 10.15 million gallons (MG).

3.1 Historical and Projected Population
The water service population from 2001 to 2010 was taken from the City’s 2015 UWMP. At the time, the growth rate was calculated at approximately 2.5 percent. As identified in the 2015 UWMP, the future growth rate from 2005 to 2020 is consistent over time and continues to be approximately 2.3 percent on average which is shown in Figure 2. The water service population from 2015 to 2018 was prepared by the 2020 Integrated Master Plan (IMP). The projected water service populations were calculated using a growth rate of 2.5 percent. The historical and projected population is shown in Figure 2. The water service population in 2020 is estimated at 77,692 from the City’s IMP. Table 1 shows the current and projected water service population for the City. The Porterville IMP shows a population of 127,307 at 2040 based on the 2020 water service population
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT Figure 2 Historical and Projected WaterService Population Table 1 Water Service Population – Current and Projected 2020 2025 2030 2035 2040
Population Served(1) 74,907 87,901 99,452 112,521 127,307 Notes:
(1) Growth rate set at 2.5 percent, consistent with City’s 2020 Integrated Master Plan.

3.2 Local Water Supply
The City drinking water supply is solely from groundwater extraction wells. The City’s groundwater supply is extracted using 36 active wells scattered throughout the water service area that pump directly into the water distribution system and surrounding above ground water storage tanks. Extracted groundwater is chlorinated at the wellheads to provide disinfectant residual in thedistribution system.

The City’s groundwater system is supplied from the east side of the Tule Sub-basin. The Tule sub-basin sits on a series of overlapping alluvial fan sedimentary deposits sourced from runoff from the Sierra Nevada mountain range east of the City.Near theCity, the natural waterways that promote supply to the groundwater basin are Deer Creek and the Tule River. Tule River flow is managed by Lake Success for flood control and recreation at Lake Success located just east of the City.The Sustainable Groundwater Management Act (SGMAclassifies groundwater basins into four various categories of prioritization (very low, low, medium, and high. Basins that are classified as medium or high priority are required to develop groundwater sustainability agencies (GSAs, develop groundwater sustainability plans (GSPs and manage groundwater for longterm sustainability. The Tule Subbasin is considered high priority basin within SGMA and the Eastern Tule Groundwater Sustainability Agency (ETGSAcompleted their GSP in 2019. DWR records indicate that the groundwater elevation is approximately 300 feet below ground surface. 4 | JANUARY 2022 | DRAFT FINAL
74,907
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
1990 2000 2010 2020 2030 2040 2050
Water Service Population
Year
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022| 5

3.3 Existing and Projected Demands
The City’s water demand is primarily residential which consist of both single family and multifamily residential land uses. The City currently has a total of 17,063 water service connections with 97 percent of those connections metered. The 2020 water use was 3,647 MG (11,192 acrefeet [ac-ft]), this demand was approximately 1,200 MG less than what was projected in the 2015 UWMP. The City’s projected demands to 2040 are included in Table 2. The 2025 - 2040 demands take into consideration, population growth, development by land use within the City’s UDB, capital improvement developments, as well as consumer consumption behavior.

Table 2 Water Service Population – Current and Projected Use type Projected Water Use (MG)
2020 2025 2030 2035 2040
Single Family Residential 2,025 3,182 3,607 4,074 4,621 Multi-Family Residential 390 612 694 784 889
Commercial/Institutional 448 704 798 901 1022
Industrial 10 16 18 20 23
Landscape Irrigation 223 351 398 449 509
Other 148 232 263 297 337
Losses 403 634 719 811 920
Agricultural Irrigation 0 0 0 0 0
Total 3,647 5,731 6,497 7,337 8,322
The supply and demand balance for the multi-dry year scenario considers the fluctuation in demands reacting to dry conditions in the first three years and then significantly reduce demands to reflect conservation efforts for the third, fourth, and fifth consecutive drought years.

It is assumed that the surface water allocations via the Friant-Kern Canal (FKC) are 100 percent the first year, 75 percent the second year, 50 percent the third year, and 25 percent the fourth and fifth years. As discussed, the City will meet their entire demand with groundwater.

3.4 Supply and Demand Balance
The City’s sustainable yield from the Tule groundwater basin is estimated to be 5,655 MG (17,355 acre-feet per year [AFY]). The City presently and historically meets all water demand, regardless of hydrologic conditions, with groundwater, however during periods of drought, the City does implement water conservation efforts in addition to passive savings from consumer behavior over the last five years. Table 3 lists the supply and demand balance under normal hydrologic conditions and utilizing conservative per capita demand estimates as indicated in the City’s IMP.

Table 3 Normal Year Supply and Demand Balance
Use Type Projected Water Use (MG)
2025 2030 2035 2040
Demand Total 5,731 6,497 7,337 8,322
Water Supply 8,549 8,841 9,173 9,546
Difference 2,819 2,344 1,836 1,224
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT 6 | JANUARY 2022 | DRAFT FINAL
The supply and demand balance for the multi-dry year scenario is shown in Table 4. Chapter 7 of the UWMP describes in detail the demands for the consecutive dry-years in addition to the fluctuation in demand over the course of the period. Compared to Table 3, the groundwater recharge volume progressively decreases throughout the drought due in part to reduced annual surface water allocations to FKC contractors and the City, therefore available surface water for groundwater recharge is reduced.

Table 4 Multi-Dry Year Water Balance
Consecutive Dry-Year Use Type Projected Water Use (MG)
2025 2030 2035 2040
First Year
Demand 4430 4961 5556 6223
Sustainable Yield 5655 5655 5655 5655
Groundwater Recharge 2230 2522 2854 3227
Surface Water Exchange 664 664 664 664
Total Supply 8550 8842 9174 9546
Difference 4120 3881 3617 3323
Second Year
Demand 4726 5294 5929 6640
Sustainable Yield 5655 5655 5655 5655
Groundwater Recharge 1784 2018 2283 2581
Surface Water Exchange 580 580 580 580
Total Supply 8019 8253 8518 8816
Difference 3293 2959 2589 2176
Third Year
Demand 4789 5364 6007 6728
Sustainable Yield 5655 5655 5655 5655
Groundwater Recharge 1673 1892 2141 2420
Surface Water Exchange 559 559 559 559
Total Supply 7886 8105 8354 8634
Difference 3097 2741 2347 1905
Fourth Year
Demand 4342 4863 5447 6101
Sustainable Yield 5655 5655 5655 5655
Groundwater Recharge 1115 1261 1427 1613
Surface Water Exchange 453 453 453 453
Total Supply 7223 7369 7535 7721
Difference 2881 2505 2088 1620
Fifth Year
Demand 3491 3910 4379 4905
Sustainable Yield 5655 5655 5655 5655
Groundwater Recharge 1115 1261 1427 1613
Surface Water Exchange 453 453 453 453
Total Supply 7223 7369 7535 7721
Difference 3732 3459 3156 2816
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022| 7

3.5 Commitment to Water Use Efficiency
The City of Porterville has been successful at implementing conservation measures to reduce water use within their service area. Figure 3 shows the City’s per capita demand from 2000 to 2020. The City has reduced water demands by approximately 27 percent between 2010 and 2015 and have maintained an average 130 gallons per capita per day (gpcd) demand between 2015 and 2020. The most significant reduction in demand was between 2013 and 2015 from 179 gpcd to 130 gpcd.

Figure 3 Historical Per Capita Demand
Water conservation measures are included in the City’s existing water conservation plan (WCP) adopted in 2015. The WCP is included in Appendix I and the Water Shortage Contingency plan water shortage response actions are outlined in Chapter 8 of this UWMP. Chapter 8 crosswalks the five WCP water supply shortage levels to the six WSCP levels listed in Chapter 8. The WCP water use policies have been implemented in the recent past to prevent water waste and to encourage conservation measures throughout the City. The following water supply shortage response measures are included in theWSCP.
• Public Information Program:
- City staff organize and provide communication between public and City Council to effectively communicate water conservation phasing, awareness, landscape irrigation techniques, system changes, and coordination with City forces throughout each shortage response action.
179
195
149
163
179
130
0 500
1000
1500
2000
2500
3000
3500
4000
4500
5000
100
120
140
160
180
200
220
240
2000 2005 2010 2015 2020 2025
Total Supply Production
Per Capita Demand
Total Production (MG) Per Capita Demand (gpcd)
10-year Baseline Per Capita Use 2010 to 2020 Average
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT • Upgrade and Maintenance of Distribution System:
- Since the WCP was adopted in 2015, the City has installed additional new wells to augment the water supply in order to meet drought demands. The continually monitors, well pump pressure and flow and water storage reservoir volumes to operate the City wells in the most efficient and productive way possible with additional benefits of energy cost savings. Additionally, the City has continued to upgrade its water distribution system with the recent completion of capital improvement plan.
• Conservation Measures:
- The most effective conservation measure the City utilizes is their water meter program. The majority of the City’s water services are metered and all new water service connections are required to be metered. As water shortage response actions of the WSCP are implemented, watering schedules are implemented to promote effective landscape irrigation for City parks, median islands, landscaped public facilities. Additionally, landscape irrigation schedules are implemented for residents based on even/odd addresses. Stricter conservation efforts prohibit ornamental water features, vehicle washing, sidewalk hosing is restricted. For the Critical water supply shortage, the City implements a 20 percent rate increase on all residential and landscape water service accounts. This increase both encourages water conservation as well as serves as a mean to recover loss revenues from water conservation.
• Water Audit/Leakage Detection and Repair Plan:
- The City continues a proactive to audit water supply usage. Upon detection of any leakage, corrective action is immediately taken by City forces. This promotes efficient use of the existing water supply, protects the distribution system components, maintains the water quality, and reduces energy to operate the system. As new water lines are installed, the City requires full pressure and leak testing of all newly constructed water lines.

4.0 Drought Risk Assessment

4.1 Five-Year Drought Risk Assessment
A summary ofthe City’swater supply drought risk assessment from 2021 through 2025 is summarized in Table 5. The City presently and historically has met all of their demands from groundwater and actively uses surface water allocations for groundwater recharge throughout the year. Groundwater recharge is not assumed to be a WSCP planned action since it’s the City’s status quo.Additionally, the City is still well below their sustainable yield value as indicated in the ETGSP therefore, there is sufficient supply to meet projected demands within the next five years.
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Table 5 Five-Year Drought Risk Assessment Tables to Address CWC Section 10635(b) 2021 Total
Gross Water Use 3,738
Total Supplies 7,890
Surplus/Shortfall withoutWSCP Action 4,151
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 4,151
2022 Total
Gross Water Use [Use Worksheet] 3,832
Total Supplies [Supply Worksheet] 7,844
Surplus/Shortfall withoutWSCP Action 4,012
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 4,012
2023 Total
Gross Water Use [Use Worksheet] 3,927
Total Supplies [Supply Worksheet] 7,863
Surplus/Shortfall w/o WSCP Action 3,936
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 3,936
2024 Total
Gross Water Use [Use Worksheet] 4,026
Total Supplies [Supply Worksheet] 7,798
Surplus/Shortfall withoutWSCP Action 3,773
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 3,773
2025 Total
Gross Water Use [Use Worksheet] 4,126
Total Supplies [Supply Worksheet] 7,223
Surplus/Shortfall withoutWSCP Action 3,0976
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit N/A
WSCP - use reduction savings benefit N/A
Revised Surplus/(shortfall) N/A
Resulting percent Use Reduction from WSCP action 3,096
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT 10 | JANUARY 2022 | DRAFT FINAL

4.2 Drought and Water Shortage Risk and Vulnerability Assessment Water Code Division 6 Part 2.55 Section 8 Chapter 10 (Assembly Bill 1668) requires DWR, in consultation with other agencies and an advisory group, to identify small water suppliers and rural communities that are at risk of drought and water shortage. DWR defines the City of Porterville as a rural community that is self-supplied since its supply is solely from groundwater.

This assessment is the first statewide effort to systematically consider water shortage risks to rural communities and should be continuously observed as better datasets and scoring methods become available. Findings are to be shared within counties, GSA’s, the public, and other relevant regional groups.

Using the rural community risk scores public dataset provided by DWR, Porterville was examined and received a numeric risk score, which is derived from a set of indicators developed from a stakeholder process. Indicators include five components relating to risk of drought and water shortage vulnerability. These five components are classified into three general categories representing vulnerability, as seen in Figure 4 and discussed below. The output risk score ranges from 0 to 100, where 100 is the highest risk. This is a rescaled risk score, which means that all numeric scores are relative to the other communities examined in California.

4.2.1 Exposure to Hazard
As defined by DWR for the dataset provided,
exposure represents the degree to which a
water supplier’s service area and/or a
community is exposed to various hazardous
environmental conditions and events that could
lead to drought and/or water shortage. The risk
scoring includes the likelihood of the intensity,
severity, duration, and frequency for water
shortage and drought in a given location. For
the purpose of this DRA, this includes risks
based on modeled future projections with
climate change impacts (Risk Component 1,
RC1) and recent hazardous conditions and
events (Risk Component 2, RC2).Appendix A provides a detailed description and score specifically for Porterville for each risk indicator listed below:
• Climate change vulnerability uses three primary risk factors as indicators for scoring:
- Temperature Shift: Projected change in heat by mid century - Wildfire: Projected severe or high sever risk for each system boundary or community
- Saline Intrusion Risk: Susceptibility to sweater intrusion • Recent hazardous conditions and events use ten primary risk factors as indicators for scoring:
- Drought Early Warning: Annual updated early drought risk warning. - Wildfire Risk: Modelled current risk maximum for each census block group. - Fractured Rock Area: Fractured rock area (within the groundwater basin). - Population Growth: Projected population growth
Figure 4 Grouping of Risk Indicators
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- Water Quality Index: Domestic well water quality risk (includes areas outside of alluvial basins).
- Subsidence Presence: Record of subsidence.
- Salt Presence: Record of salts in groundwater basin.
- Over drafted Basin: Critically over drafted groundwater basin. - Declining Water Levels: Declining groundwater levels. - Surrounding Irrigated Agriculture: Presence of irrigated agriculture in surrounding basin.

The City of Porterville Scored a 26 for climate change vulnerability, RC1, which is equivalent to the average score for rural communities. The City scored a Recent Hazardous Conditions Score, RC2, of 47 which is just slightly below the statewide average score of 48.

4.2.2 Vulnerability
As defined by DWR for the dataset provided, vulnerability is the propensity or predisposition to be adversely affected. Such predisposition constitutes an internal characteristic of the affected element, whereas exposure to a hazard is a condition or event to which the affected element (i.e., a water supplier) is subjected. Vulnerability is quantified by a series of social and physical factors as they relate to groups of self-supplied residences. These groupings spatially are represented by US Census Block Groups. As done for the small water supplier vulnerability, selfsupplied community vulnerability is quantified using (Risk Component 3, RC3) physical and (Risk Component 4, RC4) organizational vulnerability factors.

Self-supplied community vulnerability uses two risk indicators for scoring:
• Well Depth Flag: Portion of groundwater unit(s) that intersect with the census block group have relative shallow domestic wells.
• Well Depth Proportion: Proportion of Public Lands Survey Sections in block group where the max depth of domestic wells is 10 percent of more shallow than max of public wells.

Organizational vulnerability is a single aggregate indicator including 14 separate indicators, which are listed in Appendix A with description and individual average score. This risk indicator in summary considers demographic variables, population characteristics including age, residence type, income, and education.

The City did not receive a score for the self-supplied community vulnerability which represents the City’s wells are not considered shallow with respect to the Census Block Group. Additionally, the City provides water to most areas within their water service area. The statewide average for self-supplied community vulnerability is 87. The City’s organization vulnerability risk score is 77 whereas the statewide average score is 45.

4.2.3 Water Shortage Record
Recent history of shortage and drought impacts are incorporated into the vulnerability assessment (Risk Component 5, RC5), which include risk indicators of reported household outages in domestic wells and private wells. Records of these recent outages are kept by the State and managed by DWR. This is used to identify vulnerable areas that are prone to repeat outages due to well level fluctuation or other sensitivities.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT Water Shortage Record vulnerability uses two risk indicators for scoring:
• Reported Household Outages on Domestic Wells: Presence of one or more households with reported outages (supplies from domestic well) in Census Block Group. • Reported Household outages on Private Well: Proportion of households with reported outages (supplied from private well) in Census Block Group.

The average score for water shortage record vulnerability for self-supplied communities is 81, whereas the City scored a 56.

4.2.4 Drought and Water Shortage Risk Score
Calculations provided in the public dataset for risk scores and indicators are in accordance with California Water Code Section 10609.42 and completed through a stakeholder evaluation process between the years 2018 and 2020. Approximately 5,000 Census Block Groups were analyzed for the method of aggregation for scoring communities. For each selection, variables or components were rescaled between 0 and 100 then combined using the equation provided in Appendix A. Scores are then calculated for each component and added together, allowing for identification of the risk level and weight of risk factors. Additional details regarding the risk scoring and methodology used to assess the BBLDWP service area are located in Appendix A.

A total of eleven census blocks or “geoids” were identified in the rural and self-supplied communities’ dataset that include City’s service area. These eleven geoids were averaged to provide a summary of each component representing the City’s system and are as follows:
• Score RC1: 26 = Exposure to climate change.
• Score RC2: 47 = Exposure to recent hazardous conditions and episodic events. • Score RC3: 0 = Physical vulnerability.
• Score RC4: 77 = Organizational vulnerability.
• Score RC5: 56 = Record of drought impacts.

The final risk score assessed for all five components equated to 60.4 out of 100 for Porterville.

This score is above average the rural and self-supplied communities final score of 41.8. This demonstrates that the City is considered to have a higher-than-normal drought and water shortage risk.

4.3 Climate Change Considerations
Cal-Adapt Extended Drought tool displays hydrologic data projected to specific date ranges of this upcoming century. Early Century is considered 2023 to 2042 and late century 2051 to 2070.

This tool explores data for two 20-year drought scenarios, earlier and latter part of thecentury, derived from meteorological and hydrological simulations. Cal Adapt includes projected max/min temperatures, precipitation, evapotranspiration, snow water equivalent, and runoff values for a period of an extended drought period of up to 20 years Data from the Cal-Adapt Extended Drought Tool was analyzed to summarize the potential impacts on water supplies related to climate change with respect to historical data. Asummary of the tool outputs is summarized in Table 6 below.

As mentioned, theCity and much of theCalifornia Central Valley is completely reliant upon groundwater from the Tule subbasin for its drinking water supply. The California Water Resiliency Portfolio summaries the effects of climatechange on these supplies as listed below:
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• Rising winter temperature will reduce mountain snowpack in the Sierra Nevada mountain range, thus reducing spring/summer runoff and increasing winter floods. • Increasing temperatures will mean higher risk of wildfire to fire-prone areas, decreasing watershed health and habitat thus reducing water runoff quality in reservoirs, streams, and rivers.
• Increased frequency and intensity of periods of drought. • Stresses on existing infrastructure may not meet supply expectations of communities and agriculture.
• Current health of natural ecosystems tends to force species to migration potentially affecting other habitats.
• Increased demand with decreasing supplies from both population and economic growth.

Maximum temperatures are shown to increase approximately 5.8 percent and 9.8 percent from the observed historical for both the early and late century drought conditions, respectively. The precipitation depth is shown to decrease approximately 43 to 45 percent for the entire extended drought condition, therefore reduce runoff between 48 percent to 59 percent between both the early and late drought conditions, respectively. The snow water equivalent is 0-inches since it rarely snows in Porterville, therefore this is not a measured value.

Table 6 Extended Drought Scenario Projections
Hydrologic Parameter Early Century
Drought
Late Century
Drought
Observed
Historical
Max. Temperatures (oF) 82.0 85.6 77.2
Min. Temperatures (oF) 53.1 56.3 49.0
Precipitation (inches) 7.7 7.6 11.0
Evapotranspiration (inches) 5.5 6.6 9.4
Snow Water Equivalent (inches) 0.0 0.0 0.0
Runoff(inches) 0.5 0.5 0.8

4.4 Seismic Risk Assessment and Mitigation Plan
The City of Porterville is included in the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP). Chapter 7 describes in detail the mitigation actions and goals the County is striving towards specifically for earthquake hazards. The entire County MJLHMP is included in Appendix L of the UWMP for reference.

5.0 Water Shortage Response Action
The City municipal code section 25-32A.27: City Water Conservation Plan states, “The City’s Water Conservation Plan is deemed to be the City’s “water shortage contingency plan” as per applicable state law”. As discussed in Chapter 8 of this UWMP, the City’s current WCP five water supply shortage levels correspond to the six water shortage levels outlined in the water code by a crosswalk authorized by Water Code Section 10632(a)(3)(B). Therefore, the City’s WCP levels are further expanded to meet the DWR guidelines and provide water shortage response actions to the six levels identified in the water code.

CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT 14 | JANUARY 2022 | DRAFT FINAL
The goal of water shortage response actions outlined in Chapter 8 are to have a procedure for managing and mitigating shortages that allow the City to adequately respond in an efficient and effective manner. A summary of the shortage levels and response actions are included in Chapter 8 of this UWMP. If there is a shortfall of supply while performing the drought risk assessment, the City should consult the water shortage response actions to use as a baseline to identify possible water conservation measures to mitigate supply shortages.

6.0 Conclusion and Recommended Next Steps
The City’s DRA outlines the performance of the City’s water supply during multiple hydrologic conditions; normal, single-dry, and multi-dry year period. It’s concluded that the City has sufficient supplies to meet the anticipated demands to the year 2040. Using the dataset provided by the DWR to assess the City’s vulnerability for rural and self-supplied communities, Porterville is considered as an above average risk for drought and water shortage when compared to other water supplies statewide. The City continues to diligently secure and expand future groundwater augmentation supplies in the near future to meet anticipated demand and continues to investigate diverse water supplies to diversify their supply portfolio.

As part of the new 2018 legislation for UWMPs, annual water shortage reporting will be required starting July 2022. Therefore, the information listed in Table 5 should be reviewed, updated, and revised on an annual basis and for significant changes in the City’s water system supply and demand.

DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT | JANUARY 2022
Appendix A

RISK AND VULNERABILITY ASSESSMENT
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Table A.1 RC1 – Exposure to Climate Change
Risk Factor Risk Factor Measure Description
City of
Porterville
Average Score
Self-Supplies
Communities
Average Score
RC1a -
Temperature
Shift
Projected change in max temperatures
by mid-century (averaged across
models)
59 49
RC1b - Wildfire
Risk
Projected area burned (averaged across
all GCMs) by 2035-2064, RCP8.5; spatial
join with Block groups
0 1
RC1c - Saline
Intrusion Risk
Spatial extent of projected SLR under
RCP 8.5 by 2040 (1 m) into coastal
aquifers; spatial join with Block groups
18 23
Total Component Score 26 24
Notes:
(1) Risk Factor descriptions and codes are provided in Part 2: Appendix 1 Drought and Water Shortage Risk Scoring:

California's Small Water Supplier and Self-Supplied Communities (DWR). (2) Average of the 28 Geoids located within Porterville and East Porterville/ CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-2 | JANUARY 2022 | DRAFT FINAL
Table A.2 RC2 – Exposure to Recent Hazardous Conditions and Episodic Events Risk Factor Risk Factor Measure Description
City of
Porterville
Average Score
Self-Supplies
Communities
Average Score
RC2a - Drought
Early Warning
Annual Updated Early Drought Risk
Warning: Less than 70 percent of
average precipitation by January 31st for
that water year = high risk of drought
100 100
RC2b - Wildfire
Risk
Modelled current risk maximum for each
Census Block Group: Use CalFire Scoring
HAZ_CODE: Moderate (1)= .33; High
(2)= .67; Very High (3) =1; no score =0
(no or low risk); Took max for each
Census BG with spatial join in ArcGIS
13 85
RCdc - Geology Communities in Fractured Rock Areas
(1) or not (0) 14 100
RC2d - Basin
Subsidence
Documented Impacts #7.b Subsidence
Points; recoded to 0,.5,1 from original
points of 0,3,10, then associated to
Block groups
4 4
RC2e - Basin
Salts
Documented Impacts #7.c Salt Intrusion
Points 0 100
RC2f – Over
Drafted Basin
Yes (1)/no (0) of whether area is in
critical overdrafted basin 100 100
RC2g - Chronic
Declining Water
Levels
Declining groundwater levels:

Documented Impacts #7.a - Declining
GW levels Points
100 100
Rc2h - Projected
Population
Growth
Census data estimates of growth rate
between 2016 to 2021, estimated by
service area
16 23
RC2i - Water
Quality in
Shallow Aquifer
Domestic well water quality risk
(includes areas outside of alluvial
basins): Indication of likelihood that
groundwater likely accessed by
domestic wells may contain
concentrations of constituents above
regulatory levels.
50 53
RC2j -
Surrounding
Land use
Presence of irrigated agriculture in
surrounding basin: Irrigated Acres
Priority Points
26 43
Total Component Score 49 48
Notes:
(1) Risk Factor descriptions and codes are provided in Part 2: Appendix 1 Drought and Water Shortage Risk Scoring:

California's Small Water Supplier and Self-Supplied Communities (DWR). (2) Average of the 28 Geoids located within Porterville and East Porterville DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-3
Table A.3 RC3 – Physical Vulnerability
Risk Factor Risk Factor Measure Description
City of
Porterville
Average Score
Self-Supplies
Communities
Average Score
RC3a - Well
Depth Flag
Well-depth flag – if any portion of the
groundwater unit(s) that intersect with
the Census BG has relatively shallow
domestic wells, marked whole BG as ‘1’
(high risk) (0,1)

0.00 75
RC3b - Well
Depth
Proportion
Proportion of Public Land Survey
Sections in Block Group where the max
depth of domestic wells is 10 percent or
more shallow than max of public wells
(0-1)
0 100
Total Component Score 0 87
Notes:
(1) Risk Factor descriptions and codes are provided in Part 2: Appendix 1 Drought and Water Shortage Risk Scoring:

California's Small Water Supplier and Self-Supplied Communities (DWR). (2) Average of the 28 Geoids located within Porterville and East Porterville CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-4 | JANUARY 2022 | DRAFT FINAL
Table A.4 RC4 – Organization Vulnerability
Risk Factor Risk Factor Measure Description
City of
Porterville
Average Score
Self-Supplies
Communities
Average Score
Per Capita
Income 2016
Average per capita income for all block
groups (BG). 16,730 33,623
Mean Household
Income
Average Median Household Income
(MHI) for all BGs. 43,439 72,335
Percent Persons
65 years of age or
older
Percentage of population of 65 and
older of all BGs. 12 17
Percent persons
5 year of age or
younger
Percentage of population of under 5
years age of all BGs. 0 6
percent renters Percentage of households that are
renters.
44 34
percent mobile
homes
Percentage of mobile households of all
BGs. 9 15
No vehicle
available
Percentage of households with no
vehicles of all BGs. 6 6
Percent of
Population with
single parent
Percentage of population with single
parent with children under 18 years old
of all BGs.
1 42
Percent of
Population
unemployed
Percentage of population of civilian
unemployed of all BGs 11 10
Percent of
population who
speak English
less than well
Percentage of population who speak
English less than well of all BGs 16 8
Percent of
Population in
poverty
Percentage of population living at or
below poverty level 28 12
Percent of
population in
group quarters
Percentage of all census block group
population with Group Quarters (GQ). 1 5
Total Component Score 77 45
Notes:
(1) Risk Factor descriptions and codes are provided in Part 2: Appendix 1 Drought and Water Shortage Risk Scoring:

California's Small Water Supplier and Self-Supplied Communities (DWR). (2) Average of the 28 Geoids located within Porterville and East Porterville DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-5
Table A.5 RC5 – Record of Drought Impacts
Risk Factor Risk Factor Measure Description
City of
Porterville
Average Score
Self-Supplies
Communities
Average Score
RC5a - Reported
Household
Outages on
Domestic Well
Presence of one or more households
with reported outages in Census Block
Group
75 100
RC5b - Reported
Household
Outages on
Private Well
Proportion of households with reported
outages in Census BG (compared to
total households in BG) (0-1 scalar)
5 1
Total Component Score 64 81
Notes:
(1) Risk Factor descriptions and codes are provided in Part 2: Appendix 1 Drought and Water Shortage Risk Scoring:

California's Small Water Supplier and Self-Supplied Communities (DWR). (2) Average of the 28 Geoids located within Porterville and East Porterville CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-6 | JANUARY 2022 | DRAFT FINAL
Table A.6 RC5 – Record of Drought Impacts
Geoid ID Place Name
061070039022 East Porterville
061070039021 East Porterville
061070039015 East Porterville
061070039023 East Porterville
061070039014 East Porterville
061070039013 East Porterville
061070039012 East Porterville
061070033001 Porterville City
061070034005 Porterville City
061070041021 Porterville City
061070041014 Porterville City
061070035022 Porterville City
061070033005 Porterville City
061070038011 Porterville City
061070035011 Porterville City
061070034003 Porterville City
061070037001 Porterville City
061070034004 Porterville City
061070035021 Porterville City
061070041011 Porterville City
061070035024 Porterville City
061070041013 Porterville City
061070038023 Porterville City
061070036021 Porterville City
061070038012 Porterville City
061070036023 Porterville City
061070036013 Porterville City
061070035023 Porterville City
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-7
Figure A.1 PortervilleRisk Map
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GEOID: 061070039022
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GEOID: 061070039021
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-11
GEOID: 061070039015
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-12 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070039023
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-13
GEOID: 061070039014
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-14 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070039013
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-15
GEOID: 061070039012
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-16 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070033001
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-17
GEOID: 061070034005
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-18 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070041021
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-19
GEOID: 061070041014
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-20 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070035022
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-21
GEOID: 061070033005
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-22 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070035011
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-23
GEOID: 061070034003
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-24 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070037001
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-25
GEOID: 061070034004
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-26 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070035021
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-27
GEOID: 061070041011
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-28 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070035024
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-29
GEOID: 061070041013
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-30 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070038023
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-31
GEOID: 061070036021
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-32 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070038012
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-33
GEOID: 061070036023
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-34 | JANUARY 2022 | DRAFT FINAL
GEOID: 061070036013
DROUGHT RISK ASSESSMENT | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022 | A-35
GEOID: 061070035023
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| DROUGHT RISK ASSESSMENT A-36 | JANUARY 2022 | DRAFT FINAL
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APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN| CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix K

POPULATION TOOL MODIFICATION PRINTOUT
CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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4.39 




 17,063




 74,907 

"
Not Available
APPENDICES | 2020 URBAN WATER MANAGEMENT PLAN | CITY OF PORTERVILLE DRAFT FINAL | JANUARY 2022
Appendix L
TULARE COUNTY MULT‐JURISDICTIONAL LOCAL

HAZARD MITIGATION PLAN
The Tulare County MJLHMP can be downloaded at the link below:
https://oes.tularecounty.ca.gov/oes/index.cfm/mitigation/tulare‐county‐mjlhmp/ CITY OF PORTERVILLE | 2020 URBAN WATER MANAGEMENT PLAN| APPENDICES JANUARY 2022 | DRAFT FINAL
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Item No. 14.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: CDBG Citizens’ Advisory and Housing Opportunity Committee and Citizen Participation Plan
SOURCE: Community Development
COMMENT: In preparation for the development of the Annual Action Plan to be submitted to the Department of Housing and Urban Development (HUD), the following items are required: 1) the adoption of the 2022/23 Citizen Participation Plan; and 2) the annual designation and appointment of a Citizens’ Advisory and Housing Opportunity Committee.

HUD requires each jurisdiction that receives formula grants through its Community Development Block Grant (CDBG) Program to prepare and adopt a Citizen Participation Plan. The Plan provides guidelines for the participation of residents in determining the use of CDBG funds. This Plan is reviewed annually for necessary revisions prior to City Council’s adoption of the CDBG Action Plan. In 2020, the Citizens Participation Plan was developed by The Ramsey Group Consultants and is in compliance with Federal regulations, only minor revisions were necessary to the 2022/23 plan to reflect updated contact information and dates (Attachment 1) and remove some CARES Act language that does not apply to this fiscal year funding. The 2022 Citizens’ Advisory and Housing Opportunity Committee Participation Plan Schedule is presented as Attachment "2."
A Citizens’ Advisory committee was established in 1981 to function in an advisory capacity to the Council regarding program design, implementation, and assessment. This Committee consists of seven residents of the city, appointed annually by the Council. The Citizen Participation Plan places particular emphasis on obtaining representation of low and moderate income persons residing in slum and blight areas, members of minority groups, the elderly, the disabled, and residents of areas where use of funds is proposed.

Five members of the 2021 committee have expressed their willingness to serve as 2022 Committee members:

Pat Contreras
Doug Heusdens
Linda Mendez
Rebecca Vigil
Eriselda Lizarraga
Item No. 14.

Applications from Rebecca Contreras and Isabel Olmos have been received.

Staff is requesting that Rebecca Contreras and Isabel Olmos be appointed as members of the CDBG Advisory and Housing Opportunity Advisory Committee for the 2022 program year.

The 2022 Action Plan is in the process of being developed and will be presented to the Council in April 2022. It is anticipated that expenditures for activities will be consistent with previous years. As the sale of the Heritage Center has not been completed yet, a substantial amendment will need to take place to reallocate some funds to cover the section 108 loan obligation and consider reallocating other funds for programs that did not take place in connection with that sale or due to Covid restrictions.

Community input from the Community Meeting will be presented to the Citizens’ Advisory and Housing Opportunity Committee when they meet on February 22, 2022. The Citizens’ Advisory and Housing Opportunity Committee will give input on the 2022 Draft Action Plan & Amendment to 2021 AP. The Plans will then be available for a 30-day public comment period and will be taken to the Council for final adoption at its meeting on April 5, 2022.

RECOMMENDATION: That the City Council:

1. Adopt the 2022 Citizen Participation Plan;

2. Appoint existing Committee members Pat Contreras,
Doug Heusdens, Linda Mendez, Eriselda Lizarraga and
Rebecca Vigil to the Citizens’ Advisory and Housing
Opportunity Committee for a one-year term; and

3. Appoint Rebecca Contreras and Isabel Olmos as new
members for a one-year term.

ATTACHMENTS: 1. Draft 2022 Citizen Participation Plan

2. 2022 Citizens’ Advisory and Housing Opportunity
Committee Schedule

3. Request for Appointment - Pat Contreras

4. Request for Appointment - Doug Heusdens

5. Request for Appointment - Linda Mendez

6. Request for Appointment - Rebecca Vigil

7. Request for Appointment - Eriselda Lizarraga

8. Request for Appointment - Rebecca Contrares

9. Request for Appointment - Isabel Olmos
Appropriated/Funded:

Review By:

Item No. 14.

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
1 Citizen Participation Plan
Revised January, 2022
Introduction
The City of Porterville (City) is a federal entitlement jurisdiction that receives federal grant funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program.

As an entitlement jurisdiction, the City is required to prepare:
• A Five Year Consolidated Plan (Consolidated Plan) that includes a Citizen Participation Plan (CPP)
• An annual Action Plan (Action Plan)
• An annual Consolidated Annual Performance Evaluation Report (CAPER)

Under HUD’s Code of Final Regulations for the Consolidated Plan (24 CFR Part 91 Sec. 91.105), the City must adopt a Citizen Participation Plan that sets forth the City’s policies and procedures for citizen participation in the planning, execution, and evaluation of the Consolidated Plan, Action Plans, and CAPER. This CPP provides guidelines for the City to provide and encourage public participation by residents, community stakeholders, and grant beneficiaries in the process of drafting, implementing, and evaluating the Consolidated Plan and related documents. The citizen participation process includes outreach, public hearings, community forums, and opportunities for comment.

Definitions
• Action Plan (Action Plan): The Action Plan summarizes the activities that will be undertaken in the upcoming Fiscal Year (FY) to meet the goals outlined in the Consolidated Plan. The Action Plan also identifies the federal and non‐federal resources that will be used to meet the goals of the approved Consolidated Plan.
• Citizen Participation Plan (CPP): The CPP provides guidelines by which the City will promote engagement in the planning, implementation, and evaluation of the distribution of federal funds as outlined in the Consolidated Plan, Action Plan, and CAPERs. • Community Development Block Grant (CDBG): HUD’s CDBG program provides communities with resources to address a wide range of housing and community development needs that benefit very low and low income persons and areas.
• Consolidated Annual Performance Evaluation Report (CAPER): The CAPER assesses the City’s annual achievements relative to the goals in the Consolidated Plan and proposed activities in the Action Plan. HUD requires the City to prepare a CAPER at the end of each fiscal year. • Department of Housing and Urban Development (HUD): HUD is the federal government agency that creates and manages programs pertaining to federal home ownership, affordable housing, fair housing, homelessness, and community and housing development.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
2 • Displacement: Displacement refers to the involuntary relocation of individuals from their residences due to housing development and rehabilitation activities paid for by federal funds. • Eligible Activity: Activities that are allowable uses of the CDBG funds covered by the CPP as defined in the Code of Federal Regulations Title 24 for HUD. • Entitlement Jurisdiction: A city with a population of at least 50,000, a central city of a metropolitan area, or a qualified urban county with a population of at least 200,000 that receives grant funding from HUD.
• Five Year Consolidated Plan (Consolidated Plan): HUD requires entitlement jurisdictions to prepare a Consolidated Plan every five years. The Consolidated Plan is a strategic plan that identifies housing, economic, and community development needs and prioritizes funding to address those needs over a five‐year period.
• Low and Moderate Income (LMI): As defined annually by HUD, Low and Moderate Income (LMI) is 0‐80 percent of area median family income (AMI) for a jurisdiction, with adjustments for smaller or larger families. This includes those individuals presumed by HUD to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers). HUD utilizes three income levels to define LMI households:
o Extremely low income: Households earning 30 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Very low income: Households earning 50 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Low and moderate income: Households earning 80 percent or less than the AMI (subject to adjustments for areas with unusually high or low incomes or housing costs) • Public Hearing: Public hearings are designed to provide the public the opportunity to make public testimony and comment. Public hearings related to the Consolidated Plan are to be advertised in local newspapers and made accessible to non‐English speakers and individuals with disabilities.
• Substantial Amendments: Amendments are considered “Substantial” whenever one of the following is proposed:
o A change in the allocation priorities or a change in the method of fund distribution o A substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
3 o To implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan
o To change the purpose or intended beneficiaries of an activity approved for CDBG funding, e.g., instead of primarily benefitting lower income households the activity instead proposes to benefit mostly moderate income households Roles, Responsibilities, and Contact Information
The City is a federal entitlement jurisdiction and is a recipient of grant funding from the federal government.

The City’s Charter established a council and manager form of government. Porterville’s City Council is the elected legislative body of the City and is responsible for approving its Consolidated Plan, Action Plans, Substantial Amendments, and CAPERs prior to their submission to HUD.

It is the intent of the City to provide for and encourage citizen participation, with particular emphasis on participation by lower income persons who are beneficiaries of, or impacted by, entitlement‐ funded activities. The City encourages participation in all stages of the Consolidated Planning process by all residents, including minorities and non‐English speaking persons, as well as persons with mobility, visual or hearing impairments, residents of assisted housing developments, and recipients of tenant‐based assistance.

In general, hearings will be held at City Hall due to its central location, convenient access, and disability accessibility. Translation services will be provided when there is an indication that non‐English speaking persons will be attending. Other reasonable accommodations will be provided on a case‐bycase basis.

The General Contact Information for the City’s HUD Entitlement Programs is:

Jason Ridenour
Community Development Director
[email protected]
291 N. Main Street
Porterville, CA 93257
Citizen Participation Policies
Public Hearings
The City will hold public hearings for Consolidated Plans, Annual Action Plans, CAPERs, amendments made to the CPP, and Substantial Amendments.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
4 The Consolidated Plans, Annual Action Plans, CPP amendments, and Substantial Amendments require two public hearings. One required hearing is a City‐staffed community meeting and one required hearing is before City Council for document adoption. The CAPER requires one hearing before City Council for document adoption.

Community hearings will be held in a community space with consideration for the convenience to beneficiaries of the entitlement program resources.

The City Council public hearings will be held at City Hall Council Chambers located at 291 N. Main Street, Porterville, CA 93257. Listening devices, interpretation services, and other assistance to disabled persons or those with limited English proficiency will be provided upon request, ranging up to five business days prior notification to the City Clerk. Requests for disability‐related modifications or accommodations required to facilitate meeting participation, including requests for auxiliary aids, services or interpreters, require different lead times, ranging up to five business days. For this reason, it is important to provide as much advance notice as possible to ensure availability. Assistive Listening Devices (ALDs) are available upon request.

Waivers and Flexibility in Response to Pandemic
Legislation aimed at providing relief for individuals and businesses that have been negatively impacted by a pandemic outbreak or public health crisis, such as the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116‐136), can provide CDBG Entitlement Jurisdictions with flexibilities that make it easier to use CDBG grants by authorizing HUD to grant waivers and alternative public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the City’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses. For any CDBG funds that are used in order to prevent, prepare for, and respond to a pandemic or public health crisis, expedited procedures could be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.